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Town of Maggie Valley
Regularly Scheduled Board of Aldemen Meeting
November 15, 2011
MINUTES
Members Present:Mayor Roger McElroy, Aldermen: Saralyn Price, Phil Aldridge, Michael Matthews, and Danya Vanhook
Staff Present:Attorney Chuck Dickson, Manager Tim Barth, Chief Scott Sutton, Officer Russ Gilliland, and Town Clerk Vickie Best
Others Present:Approximately 32 people
1. Meeting Called to Order
Mayor McElroy called the meeting to order at 5:32 p.m. in the Town Hall Boardroom.
2. Consent Agendaa. Year to Date Revenue and Expenditure.
b. Ad Valorem Tax Recap.
c. Tax Releases/Refunds.
d. Correction and Approval of Minutes for the October 18, 2011, and November 1, 2011 meetings.
ALDERMAN PRICE MADE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED.
MOTION CARRIED UNANIMOUSLY.
3. Public Comment.
Dan Massey addressed Council thanking Alderman Vanhook for her service on the board going on to ask that she still serve the town on another board due to her knowledge and ability. Mr. Massey thanked Mayor McElroy for his 30 plus years of service to the town and how he had often seen Mayor McElroy come to board meetings when he obviously was physically in pain. Mr. Massey asked that Mayor McElroy continue his service to the town by introducing newly elected Ron DeSimone to the County Commissioners, Legislators, etc. Mr. Massey suggested that all seven past and present council members ride in the same car during the Christmas Parade to show unity.
The second issue Mr. Massey wanted to address was to begin the Christmas LightingProject again. Four years ago, the town council agreed to purchase some colored lights to add to the valley’s snowflakes. Mr. Massey also suggested that it would be more appealing if blue lights were put into the center of the snowflakes this year. The town can purchase additional lights after Christmas when the prices are lowered.
Shirley Pinto addressed Council stating that she did not have the time to complete her comments from the past meeting when addressing the noise ordinance. The noise ordinance is needed during winter hours. During the winter, when the valley is quiet, the noise coming from loud music is overwhelming. Often people come in complaining about loud music at Joey’s Pancake House while having breakfast. The Comfort Inn front desk managers receive numerous complaints as well. There is a need to move forward with the noise ordinance even though it is turning winter.
Brian Hickman stated that several businesses have recently started having outdoor music to help attract more business. The businesses in Maggie Valley are struggling to survive and now it appears the town is putting a noose around the necks of the business owners.
Lewis Hanson stated that he, his wife, and eight other couples live in Maggie Valley part-time and try to frequent all businesses; but he and his friends enjoy the music. Mr. Hanson encouraged Council to keep the music.
James Harden addressed Council stating that drawings and maps pertaining to business during the meeting should be on display prior to the meetings so that the public may make educated comments and ask questions. Mr. Harden felt the Zoning Board of Adjustments has not treated him fairly because he requested to view landscaping and parking plans from a similar business to his in the valley, and was not allowed to see them until Monday. Mr. Harden reminded Council of the General Statue 132 pertaining to public documents.
Cheryl Lambert stated that the residents are not trying to stop the music; just turn it down so that the entire neighborhood does not have to listen. “We pay taxes. If people start moving from Maggie Valley, what will happen? We should be able to have our family over and be able to talk.” Ms. Lambert gave the example of her husband’s brother passing and he not being able to morn his death in his own home because of the noise.
*4. a. Public Hearing to consider rezoning certain properties off Lewis Lane, including Village Glen and Lewis Farm from C-1 and C-2 to R-3.
b. Consideration of Ordinance No. 736 to rezone certain properties off of Lewis Lane including
Village Glen from C-1 to R-3
Mayor McElroy opened the public hearing at 5:48 p.m.
Planning Director Clark explained that the request for rezoning was brought to staff by Greg Boyd regarding his parents property located on Lewis Lane. This requested rezoning contains the Village Glen condominiums and the land that makes up the Lewis’ Farm. The properties are currently zoned C-1, except for the farmhouse which is zoned C-2, even though all of the property is back off Highway 19. The Land Use plan recommends that this area be rezoned to R-3. This will make it possible for those who want to buy a place in Village Glen to get residential real estate loans, instead of trying to get a commercial loan, which is usually more difficult to get and more expensive.
All of the required notifications have been mailed and signage placed on the properties to indicate the rezoning request.
As for taxes, there should be a decrease. The Haywood County Tax Department sets values. Therefore, Haywood County would make those adjustments.
Mayor McElroy closed the hearing at 5:53 p.m.
ALDERMAN PRICE MADE A MOTION TO ADOPT ORDINANCE NUMBER 736 REZONING THE LEWIS PROPERTY AND THE VILLAGE GLEN TOWNHOMES TO RESIDENTIAL 3.
MOTION CARRIED UNANIMOUSLY.
*5. a. Public Hearing to consider zoning Grace C. Fisher Limited Partnership, Campbell Creek Road,
Parcel #7686-07-0780 (9.89 acres) to R-2.
b. Consideration of Ordinance No. 737 to rezone Grace C. Fisher Limited Partnership, Campbell
Creek Road, Parcel #7686-07-0780 (9.89 acres) to R-2.
Director Clark explained that the property, through a volunteer annexation in September 2011,has not been zoned before now, but was included in the Land Use Plan. The Land Use Plan recommends that the Fisher property is zoned R-2. The property owner has requested R-2 zoning. The parcel shares boarders with C1 and R3 districts. If developed, the water and sewer is already on site.
Director Clark explained the difference in zoning districts.
DistrictsMin. Lot AreaLot Area per DwellingMin lot WidthSetbacks
R114,000 Sq Ft75 feet25’-10’-10’
R211,000 Sq Ft11,000’ & 3,000’ per60 feet20’-10’-10’
Each additional unit
R37,000 Sq Ft7,000’ & 3,000’ per60 feet15’-10’-10’
Each additional unit
C27,000 Sq Ft7,000’ for Residential60 feet15’-10’-10’
R3 shall apply
C1For residential uses R375 feet10’-10’-10’
Shall apply
The clerk read the following statement into the minutes: I Brenda S. O’Keefe of 4369 Soco Road, Maggie Valley, North Carolina state that I have no opposition to the zoning of the approx. 9-acretract of land being considered tonight. The land sits next to the new Maggie Valley Nursing and Rehab Center and closely joins my residential property. I have, in no way, been negatively affected by the nursing home. November 14, 2011.
Mayor McElroy closed the public hearing at 6:00 p.m.
ALDERMAN PRICE MADE A MOTION TO ADOPT ORDINANCE 737 ZONING THE GRACE FISHER PROPERTY R-2 AS REQUESTED.
MOTION CARRIED UNANIMOUSLY.
*6. Consideration of Resolution 11-9 congratulating Tanner Ward for achieving the rank of Eagle
Scout
Resolutionnumber 11-9 is to honor Tanner Ward for his achievements.
ALDERMAN ALDRIDGE MADE A MOTION TO APPROVE RESOLUTION 11-9.
MOTION CARRIED UNANIMOUSLY.
*7. Consideration of a second reading of the Noise Ordinancenumber 740
Ordinances must be adopted by a 4/5 vote to become effective on the first reading. At the October meeting, the vote was three to two, therefore a second reading is necessary.
ALDERMAN PRICE MADE A MOTION TO ADOPT THE NEWLY REVISED NOISE ORDINANCE PERTAINING TO OUTDOOR MUSIC.
MAYOR MCELROY AND ALDERMAN VANHOOK VOTED IN THE AFFIRMATIVE.
ALDERMAN ALDRIDGE AND MATTHEWS OPPOSED.
MOTION CARRIED BY MAJORITY.
Alderman Price stressed that the idea is not to stop the music, but rather to find a balance, that is fair to both businesses and residents. Mayor McElroy agreed adding that this issue has been discussed for the last three months.
Council members Aldridge and Matthews felt that five decibels would not make enough difference to matter; the timeframes would be the main issue. Both council members felt more time was neededfor consideration.
8. Consideration of four (4) recurring events for the Festival Grounds for 2012
There may be an issue with the Labor Day event; therefore, only three events are being presented for approval.
Chamber Craft Show: July 7 & 8 and October 20 & 21
Rose Beck Craft Show: October 13 & 14
ALDERMAN VANHOOK MADE A MOTION TO APPROVE THE THREE CRAFT SHOWS FOR 2012.
MOTION CARRIED UNANIMOUSLY.
9. Consideration of Ordinance No. 738 a Capital Project Ordinance for Parham Park
ORDINANCE NO. 738 replacing Ordinance 720
CAPITAL PROJECT ORDINANCE
BE IT ORDAINED BY THE GOVERNING BOARD OF THE TOWN OF MAGGIE VALLEY, North Carolina that, pursuant to Section 13.2 of Chapter 159 of the General Statues of North Carolina, the following capital project ordinance is hereby adopted:
Section 1.The project authorized is make improvements to Parham Park and to be financed by Town funds and donations.
Section 2.The officers of this unit are hereby directed to precede with the capital project within the terms grant documents, and the budget contained herein.
Section 3.The following amounts are appropriated for the project:
Preliminary Engineering $ 3,483
Engineering $ 5,000
Contract Administration $ 2,300
Grading/Parking Lot/Walking Trail$ 98,017
Section 4.The following revenues are anticipated to be available to complete this project:
Town Funds & Parham Park Designated Funds $100,000
Donations $ 8,800
Section 5.The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant agreements, and the federal regulations. The terms of the bond resolution also shall be met.
Section 6.Funds will be advanced from the General Fund for the purpose of making payments as due.
Section 7.The Finance Officer is directed to report, on a quarterly basis, on the financial status of each project element in Section 3.
Section 8.The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this capital project in every budget submission made to this Board.
Section 9.Copies of this capital project ordinance shall be furnished to the Clerk to the Governing Board, and to the Budget Officer and the Finance Officer for direction in carrying out this project.
Ordinance number 738 replaces the original Capital Project Ordinance for Parham Park now that staff has definitive numbers about the cost of the project, and how much the Town has received in contributions.
ALDERMAN MATTHEWS MADE A MOTION TO ADOPT ORDINANCE 738.
MOTION CARRIED UNANIMOUSLY.
10. Budget Amendment
Ordinance number 739 amends the budget to transfer the funds from the Fund Balance to pay for the grading project at Parham Park.
An Ordinance Amending the FY 2011/12 Budget Ordinance
Be It Hereby Ordained by the Town Board of Aldermen of the Town of Maggie Valley, North Carolina, that the Budget Ordinance for the year 2011/12 is amended as follows:
General Fund – Capital Project Transfer
Increase
Description Previous (Decrease) Amended
Revenues Appropriated Fund $79,772 $87,513 $167,285
Balance 05-00-3991
Appropriations Transfer to GF $0 $87,513 $87,513
Project 05-99-0003
ALDERMAN VANHOOK MADE A MOTION TO ADOPT ORDINANCE 739 BUDGET AMENDMENTS.
MOTION CARRIED UNANIMOUSLY.
11. Conditional Use Permit hearing for an auto sales business at 3379 Dellwood Road
This is a Conditional Use Permit hearing for a used car business to locate in a small modular building located at 3379 Dellwood Road. It is my understanding that there will be very few used cars at this location. Instead, most of the sales will go directly from one person to another, without the car ever having to be at this location. The business is required to have a physical address, which is why a Conditional Use Permit is being requested.
Under oath, Director Clark and Ray Mitchel presented testimony.
Joe Duke owns the property at 3379 Dellwood Road. There are no changes proposed for the exterior of the building. The lot will be for small used/wholesale vehicles. Mr. Mitchel works the auctions and mainly does wholesale vehicles. During tax time, when people are getting refunds, the used car element may slightly increase, due to being able to buy and pay for a used vehicle at one place. Mr. Mitchel informed council that he was not a junk dealer.
Mayor McElroy asked if there were any conflicts of interest among the board members.
There were no conflicts of interest.
Alderman Aldridge questioned the difference between this used car lot and the repo lot that previously wanted to locate in Maggie Valley.
The zoning district is different. The requested use is different from a repossession holding lot, which is not listed as a permitted use. There were trout buffer setbacks, rights-of-way, and other obstacles considered in the previous request to the Zoning Board of Adjustments.
Alderman Aldridge felt that the issues were the same.
ALDERMAN VANHOOK MADE A MOTION TO APPROVE THE CONDITIONAL USE PERMIT FOR THE AUTO SALES AT 3379 DELLWOOD ROAD WITH NO CONDITIONS.
MOTION CARRIED UNANIMOUSLY.
12. Manager’s Report.
The Region A meeting will be held in Cherokee November 28, 2011 in Cherokee.
The Haywood County Council of Government will conduct the quarterly meeting at the Marc Building at 6:00 p.m. Haywood County is hosting the meeting.
NCDOT is helping to kick off the second year of the Maggie Valley Beautification Plan by providing approximately $70,000 worth of flowering trees planted from the intersection of US-276 and US-19 to Parham Park.
December 6 from 8:30 a.m. until 2:00 p.m. a conference will be held at the Maggie Valley Country Club hosted by Land of the Sky to discuss I-40 access, transportation, and planning needs.
The newly elected officials will be sworn into office on December 6, 2011 at 5:30 p.m.
13. Other Business.
Alderman Vanhook thanked the board and staff for their work during the last eight months of her service. Alderman Vanhook congratulated the newly elected officials going on to thank Mayor McElroy for his 30 plus years of service.
Mayor McElroy thanked everyone for his or her assistance throughout his years of service.
14. Meeting Adjourned.
ON MOTION OF ALDERMAN VANHOOK, WITH ALL IN FAVOR THE MEETING ADJOURNED AT 6:35 P.M.
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Mayor Roger McElroy
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Vickie Best, CMC, Town Clerk