Members Present:
Members Absent:
Staff Present:
Police Officers:
Jason
Others Present:
1
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
January 8, 2013
MINUTES
Mayor Ron DeSimone, Aldermen: Phillip Wight, Saralyn Price, and Michael
Matthews
one seat – vacant
Manager Tim Barth, Attorney Chuck Dickson, Chief Scott Sutton, Public Works
Director Mike Mehaffey, Planning Director Nathan Clark, Festival Director
Audrey Hager, and Town Clerk Vickie Best
The officers were in attendance to see fellow Officer Josh Schick receive an
award. After the award presentation, the officers left the meeting. Captain
Moody, Doyce Stevens, Michael Blaylock, Russ Gilliland, Logan Wood, and
Ondrea Murphy
Approximately 20 people
Meeting Called to Order
Mayor DeSimone called the meeting to order at 6:00 p.m. in the Maggie Valley Town Hall Boardroom.
 Mayor DeSimone informed Council, and the audience, that there would be an addition to the
meeting; the Haywood County Fraternal Order of Police has awarded Officer Josh Schick the Jerry Smith
Officer of the Year Award.
Officer Jeff Haynes, sixteen year president of the Fraternal Order of Police, explained that the
nomination for the award is made by Officer Schick’s peers, fellow officers in Haywood County. The
nomination is based on character, integrity, professionalism, and quality of service, community spirit
and Officer Schick’s proactive approach to crime prevention. Officer Schick provides a high quality of
service to citizens and visitors alike.
Mr. Jeff Haynes and Matt Shell presented Officer Schick with a plaque. Officer Schick received a
standing ovation.
 Mayor DeSimone displayed a large thank you card created by the 5th grade students of Jonathan
Valley Elementary School for the $1,000 donation to assist the fifth graders to go on their annual
Washington DC trip.
Consent Agenda:
a. Ad Valorem Tax Recap.
b. Year to Date Revenues and Expenditures
c. tax Releases
d. Correction and Approval of the Minutes for December 11, 2012
Alderman Wight has had ongoing issues with the minutes of the Board of Aldermen meetings. It is
Alderman Wight’s desire to maintain audio CDs for at least one-year in the event there are any
questions pertaining to any particular aldermen meeting.
ALDERMAN MATTHEWS MADE A MOTION TO APPROVE THE CONSENT AGENDA MINUS THE
DECEMBER 11, 2012 BOARD OF ALDERMEN MINUTES. MOTION CARRIED UNANIMOUSLY.
Public Comment
2
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
January 8, 2013
MINUTES
Dan Massey addressed Council explaining that the issue of purchasing more winter themed lights to
decorate the valley during the winter season was discussed at the Parks, Recreation, and Festival
Advisory Committee (PRFAC) meeting this morning. Mr. Massey has spoken to several people that have
committed to making a donation to the lighting project. PRFAC Chairman Tammy Wight agreed that this
would be a worthwhile project. Chamber Director Teresa Smith suggested getting a small board
together to develop a detailed plan, to determine the desired final result and to continually work on the
lighting project to keep it from “falling through the cracks”.
Mr. Massey felt there was no need to appoint a committee. “This should be a simple project.” Mr.
Massey added that he requested from town staff the cost of the Christmas lights that were purchased
four (4) years ago and to be provided a catalog for the selection and purchase of additional lights. Mr.
Massey made the request to town staff the previous day. Mr. Massey felt that Council could make the
light selections. Mr. Massey could get funding coming in and then go before the Maggie Valley 1%
subcommittee for additional funding. Mr. Massey strongly felt that the more people involved, the
longer it takes to get anything done. Mr. Massey felt there should be color in the snowflakes the town is
currently displaying. Ms. Carol Burrell has donated 200 to 300 colored lights.
Mayor DeSimone too has spoken with HCTDA Director Lynn Collins about funding for a lighting project.
Mr. Massey drafted a letter for Chamber Director Smith to send out to her membership. Mayor
DeSimone agreed that there must be a plan in place to determine how much money it would take to buy
the lights, to get the desired results, before getting the MVTDA1% Subcommittee involved. Alderman
Price suggested Mr. Massey work with Public Works Director Mike Mehaffey and Festival Director
Audrey Hager. It should be determined the location of additional lights and what type of winter themed
lights would serve the purpose of lighting up the valley. Alderman Matthews agreed.
Mr. Massey wanted to eliminate putting together a commission to work on the lighting project and limit
the input to council.
The issue will be discussed at the February 5, 2013 Parks, Recreation, Festival Advisory Committee
meeting.
Joe Maniscalco addressed Council once again asking that the minutes of October 9, 2012 be corrected
to provide, in detail, Mayor DeSimone and Alderman Price’s response to his questions. Mr. Maniscalco
felt both councilmen lied and the minutes would not be up to par unless the lies were reflected. As for
not having enough room to keep the audio CD of the aldermen meetings “is unacceptable”. Mr.
Maniscalco asked that Council not agitate him by continuing with the lies. Mr. Maniscalco felt the CD is
totally different than what was written in the minutes for October.
Steve Hurley addressed Council stating that he supports Mr. Maniscalco regarding the minutes. There
are people that cannot attend the meetings, therefore it is important that everything said is in the
minutes and goes out on the sunshine list.
Consideration of adoption of the Smoky Mountain Regional Hazard Mitigation Plan
3
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
January 8, 2013
MINUTES
Every five years all counties and towns are mandated to develop a Hazard Mitigation Plan. This year the
state encouraged smaller counties to work together to develop regional plans. Haywood, Jackson,
Cherokee, Swain, Graham, and the Eastern Band of Cherokee Indians worked jointly to develop the
Smoky Mountain Regional Hazard Mitigation Plan. The document is 812 pages long, but can be
reviewed, by anyone, at town hall.
Without the adoption of a Hazard Mitigation Plan, the town government would not be eligible to apply
for federal mitigation grant funds.
RESOLUTION OF ADOPTION
RESOLUTION NO. 13-1
Town of Maggie Valley
HAZARD MITIGATION PLAN
WHEREAS, the citizens and property within the Town of Maggie Valley are subject to the effects of
natural hazards that pose threats to lives and cause damage to property, and with the knowledge and
experience that certain areas of the county are particularly vulnerable to flooding, high winds, landslides
and winter weather events; and
WHEREAS, the Town desires to seek ways to mitigate the impact of identified hazard risks; and
WHEREAS, the Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3,
5, and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General
Statutes, delegated to local governmental units the responsibility to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Legislature of the State of North Carolina has in Section 1 Part 166A of the North Carolina
General Statutes (adopted in Session Law 2001-214 --- Senate Bill 300 effective July 1, 2001), states
therein in Item (a) (2) “For a state of disaster proclaimed pursuant to Article 1A of G.S. 166A19.41(b)(2)a.3 after August 1, 2002, the eligible entity shall have a hazard mitigation plan approved
pursuant to the Stafford Act”; and
WHEREAS, Section 322 of the Federal Disaster Mitigation Act of 2000 states that local governments
must develop an All-Hazards Mitigation Plan in order to be eligible to receive future Hazard Mitigation
Grant Program Funds and other disaster-related assistance funding and that said Plan must be updated
and adopted within a five year cycle; and
WHEREAS, the Town of Maggie Valley has performed a comprehensive review and evaluation of each
section of the previously approved Hazard Mitigation Plan and has updated the said plan as required
under regulations at 44 CFR Part 201 and according to guidance issued by the Federal Emergency
Management Agency and the North Carolina Division of Emergency Management.
4
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
January 8, 2013
MINUTES
WHEREAS, it is the intent of the Board of Aldermen of the Town of Maggie Valley to fulfill this
obligation in order that the Town will be eligible for federal and state assistance in the event that a state
of disaster is declared for a hazard event affecting the Town;
NOW, therefore, be it resolved that the Town of Maggie Valley Board of Aldermen hereby:
1.
Adopts the Smoky Mountain Regional Hazard Mitigation Plan; and
2.
Vests Town of Maggie Valley Board of Aldermen with the responsibility, authority, and the
means to:
(a)
(b)
Inform all concerned parties of this action.
Cooperate with Federal, State and local agencies and private firms which undertake to
study, survey, and map and identify floodplain areas, and cooperate with neighboring
communities with respect to management of adjoining floodplain areas in order to
prevent exacerbation of existing hazard impacts.
3.
Appoints the Town Manager to assure that the Hazard Mitigation Plan is reviewed annually and
every five years as specified in the Plan to assure that the Plan is in compliance with all State and Federal
regulations and that any needed revisions or amendments to the Plan are developed and presented to
the Board of Aldermen of the Town of Maggie Valley for consideration.
4.
Agrees to take such other official action as may be reasonably necessary to carry out the
objectives of the Hazard Mitigation Plan.
Due to the length of the document only the portion of the plan pertaining to Maggie Valley was
submitted to Council. The plan will continue to be reviewed and revised as deemed by the state. As for
mudslides, last year, Maggie Valley went under Haywood County’s Erosion control plan and
enforcement. A levee has been constructed to protect the waste water treatment plant from flooding.
The plan addresses every event from flooding, landslides, to winter storms.
ALDERMAN WIGHT MADE A MOTION TO APPROVE THE SMOKY MOUNTAIN REGIONAL HAZARD
MITIGATION PLAN. MOTION CARRIED UNANIMOUSLY.
Consideration of adopting an Emergency Management Policy
In 2005 there was a community in NC where a State of Emergency was declared. When that occurred, it
automatically set into action restrictions that were not intended, like the ban of the sale of alcoholic
beverages and/or prohibited the possession of any kind of firearms or ammunition off of one’s own
property.
To prevent unintended consequences from occurring during a State of Emergency, all counties and
municipalities are being asked to adopt a new ordinance that allows for declaring a State of Emergency,
but it must specifically state the area it applies to and what it will limit in regard to activity in that area.
Without the adoption of this ordinance, the town would not qualify for federal disaster relief funds.
5
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
January 8, 2013
MINUTES
TOWN OF MAGGIE VALLEY
ORDINANCE NO. 772
AN ORDINANCE ENACTING AN EMERGENCY MANAGEMENT POLICY FOR
STATE OF EMERGENCIES.
CHAPTER 35 – EMERGENCY MANAGEMENT
Chapter 35
35.01
35.02
35.03
35.04
35.05
35.06
35.07
35.08
35.09
Table of Contents
Intent and Purpose
State of Emergency.
Proclamation of State of Emergency
Curfew
Termination of curfew and State of Emergency
Unlawful activities during State of Emergency
Penalty for violation of article
Conflicting Chapters, Orders, Rules and Regulations Suspended
Mayor and Board of Aldermen Adoption
35.01 Intent and Purpose
The purpose of this Chapter is to set forth the authority and responsibility of the Town of
Valley Mayor, Board of Aldermen and staff in the prevention of, preparation for, response to and
recovery from natural or man-made disasters or hostile military or paramilitary action and to:
(a) Reduce vulnerability of people and property of the Town to damage, injury, and loss of
life and property.
(b) Prepare for prompt and efficient rescue, care and treatment of threatened or affected
persons;
(c) Provide for the rapid and orderly rehabilitation of persons and restoration of property;
and
(d) Provide for cooperation and coordination of activities relating to emergency and disaster
mitigation, preparedness, response and recovery among agencies and officials of this
Town and with similar agencies and officials of other Counties, Municipalities, State and
Federal governments, with interstate organizations and with other private and quasiofficial organizations.
6
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
January 8, 2013
MINUTES
35.02 State of Emergency.
A State of Emergency shall be deemed to exist wherever, during times of great public
crisis, disaster, rioting, catastrophe, or similar public emergency, for any reason, municipal
public safety authorities are unable to maintain public order or afford adequate protection for
lives, safety or property.
(State Law Reference: Powers of the mayor during state of emergency, G.S. 14-288.12;
Amended Article 1A of 166A as of October 1, 2012)
35.03 Proclamation of state of emergency.
In the event of an existing or threatened state of emergency endangering the lives, safety,
health and welfare of the people within the Town or threatening damage to or destruction of
property, the Mayor or his/her designee, is hereby authorized and empowered to issue a public
proclamation declaring to all persons the existence of such a state of emergency, and, in order
more effectively to protect the lives, safety and property of people within the Town, to define
and impose a voluntary or mandatory curfew applicable to all persons within the jurisdiction of
the Town.
35.04 Curfew.
The Mayor or his/her designee, is hereby authorized and empowered to limit the
application of such a curfew to any area specifically designated and described within the
corporate limits of the Town and to specific hours of the day or night; and to exempt from the
curfew policemen, firemen, doctors, nurses, and such other classes of persons as may be essential
to the preservation of public order and immediately necessary to serve the safety, health and
welfare needs of the people within the Town.
35.05 Termination of curfew and state of emergency.
The Mayor, or designee, shall proclaim the end of such state and curfew as soon as
circumstances warrant or when directed to do so by the Board.
35.06 Unlawful activities during state of emergency.
During the existence of a proclaimed state of emergency when a curfew has been
imposed, the Mayor or his/her designee may add additional conditions or restrictions within the
7
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
January 8, 2013
MINUTES
curfew area. If specifically added by proclamation it shall be unlawful for anyone subject to such
curfew;
1. To be or travel upon any public street, alley, or roadway or upon public property,
unless in search of medical assistance, food, or other commodity or service necessary
to sustain the well-being of himself or his family or some member thereof.
2. To possess off one’s own premises, buy, sell, give away, or otherwise transfer or
dispose of any explosives, firearms, ammunition, or dangerous weapon of any kind
with the exception of “lawfully possessed firearms and ammunition”.
3. To sell beer, wines, or intoxicating beverages of any kind; or to possess or consume
the same off one’s own premises.
4. To sell gasoline or any other similar petroleum products, or any other inflammable
substances, except as expressly authorized by the provisions of the curfew imposed.
35.07 Penalty for violation of article.
Any person violating any provision of this article shall be guilty of a Class 2
misdemeanor punishable upon conviction by a fine not exceeding $1,000.00 and/or
imprisonment not exceeding 120 days as provided by G.S. 15A-1340.23.
35.08 Conflicting Chapters, Orders, Rules and Regulations Suspended.
At all times when the orders, rules, and regulations made and promulgated pursuant to
this Chapter shall be in effect, they shall supersede all existing chapters, orders, rules and
regulations insofar as the latter may be inconsistent therewith.
Director Clark explained that the Emergency Management Policy provides more leeway when
calling a State of Emergency. The State of Emergency can be called for a particular area and not
all implementations have to be put into place such as a curfew or closing the ABC stores. The
last State of Emergency was called during the Rich Cove Road landslide. This policy formalizes
the process. The State requires the adoption of a formal policy in order to receive financial and
labor intense assistance.
Haywood County Emergency Management Director Greg Shuping addressed Council explaining
that the County does not have the authority to call for a State of Emergency in municipalities.
This formal policy eliminates all rules for a State of Emergency from being triggered. A lot of
8
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
January 8, 2013
MINUTES
effort and time was put into drafting the policy. Every town and county in North Carolina is
required to have a policy in place.
If there was an area-wide power failure and there was a lot of unrest within town, a curfew could
be put into place, but through this policy the curfew could be enforced within a specific area.
Alderman Wight, a firearms advocate, was unsure about telling people that they are not allowed
to protect their own property. Alderman Price, also a firearms advocate, felt the policy should be
put into place to eliminate problems in the future. Alderman Price assured Alderman Wight that
legal firearms will not be affected when protecting your property. HC Emergency Director
Shuping concurred.
Chief Sutton concurred, adding that the town must have these provisions in place in the event
that a situation arises. The Mayor or his designee is the only one that can declare a State of
Emergency.
ALDERMAN PRICE MADE A MOTION TO ADOPT ORDINANCE NUMBER 772.
Alderman Wight questioned rationing gas. Director Clark explained that gas would become
rationed only when there is a shortage of gas and emergency and work vehicles must continue to
operate.
MOTION CARRIED UNANIMOUSLY.
Consideration of keeping recordings of meetings for longer than the two months that they are
currently kept
The Town adopted the NC Records Retention Schedule, as required by the State, October 9, 2012. The
retention schedule allows the destruction of audio and video recordings of meetings once the official
written minutes are approved.
Alderman Wight made the request in December to maintain the audio recordings for at least one year.
Alderman Matthews agreed with Alderman Wight, he does not see an issue with keeping the CDs for
longer than two months.
Mayor DeSimone felt that Council has two months to make any corrections to the official minutes and
during those two months anyone can come and get a copy of the CD and keep it forever.
Alderman Wight informed Council that the ABC Board keeps their tapes for three (3) years.
Alderman Price felt the issue came up because of Mr. Maniscalco’s issues with the minutes. Alderman
Price suggested just keeping the recordings when Mr. Maniscalco addresses the board. Alderman Wight
disagreed; keeping the recordings is not due to Mr. Maniscalco’s discontent with the minutes.
Alderman Wight went on to give the example when the Haywood Building Inspector addressed Council
9
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
January 8, 2013
MINUTES
under oath to condemn an apartment building. Alderman Wight asked that the CDs be kept until he is
elected out of office. The CDs provide the true history, whereas the written minutes are generalized.
Alderman Price then suggested keeping the audio recordings for four (4) years, the term of office.
ALDERMAN MATTHEWS MADE A MOTION TO KEEP THE AUDIO CDS FOR FOUR (4) YEARS. MOTION
CARRIED UNANIMOUSLY.
Manager Barth questioned why the clerk should do extensive minutes, if the CDs are going to be kept.
Alderman Wight felt both written minutes and the CDs should be kept because meetings are interpreted
differently.
Alderman Matthews questioned why the clerk can’t do action minutes without including discussion.
Mayor DeSimone felt that action minutes would be a disservice to the town. Many people read the
minutes through the sunshine list. No one has ever complained about the minutes, other than Mr.
Maniscalco. If something is challenged, sixty days is plenty of time to resolve the challenge.
Alderman Price and Mayor DeSimone both felt the town should follow the direction of the NC Division
of Archives and Records Retention. Aldermen Wight and Matthews felt it was no big deal to keep the
recordings. Alderman Matthews stated that several people have brought up the issue to him, other
than Mr. Maniscalco. If the CD is kept and there are any questions, you have the CD to go back to and
resolve any questions that may come up.
The Clerk will keep the recordings of Board of Aldermen meetings for four years.
Budget Amendment
This budget amendment was brought before Council at the December Board of Aldermen Meeting, but
did not pass on the first reading due to Alderman Wight not having enough information. The Town of
Maggie Valley has contested unemployment claims before and contested one of these claims. The
Employment Security Commission makes the final determination after a formal hearing. One of the
claims was from an employee that was let go and one of the claims was from a department that was
dissolved by the Board of Aldermen.
Ordinance 770
An Ordinance Amending the FY 2012/13 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 2012/13 is amended as follows:
General Fund – NC ESC
Description
Revenues
2011 Ad Valorem
Tax 05-00-3220
Appropriations Miscellaneous Expense
Previous
$20,100
$0
Increase
(Decrease)
$6,280
$6,280
Amended
$26,380
$6,280
10
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
January 8, 2013
MINUTES
05-40-4499
ALDERMAN WIGHT MADE A MOTION TO ACCEPT ORDINANCE 770. MOTION CARRIED
UNANIMOUSLY.
Discussion regarding the vacant Alderman Seat
Alderman Matthews requested this item to be placed on the agenda. Alderman Matthews suggested
opening up the process of receiving applications again. Alderman Price felt there was no need to reopen
the process because the board has excellent applicants to choose from. Mayor DeSimone reminded
Alderman Matthews that when he made that same suggestion, Alderman Matthews’ response was “we
have enough applicants.”
Alderman Wight stated that the next thing he knew was staff had set a deadline for applying for the
position. Alderman Wight did not understand setting a deadline on receiving applications. There should
be no deadlines!
Alderman Price would vote for two of the applicants and Mayor DeSimone agreed to three of the
applicants.
After further discussion, Alderman Wight stated that Council could put the names in a hat and pick one
out to fill the vacant alderman seat. Alderman Wight added that the seat had influence. The seat
carried Phil Aldridge’s influence and therefore should be filled from Phil Aldridge’s voter base.
A short discussion followed pertaining to filling the seat by a person with a certain view point from a
certain voter base. Alderman Matthews did not like the idea of putting names in a hat or flipping a coin.
ALDERMAN MATTHEWS MADE A MOTION TO OPEN UP THE APPLICATION PROCESS. ALDERMAN
WIGHT VOTED IN THE AFFIRMATIVE. MAYOR DESIMONE AND ALDERMAN PRICE OPPOSED. MOTION
FAILED.
Manager’s Report
 There is a reception for elected officials to be held at Laurel Ridge January 15 from 5:30 p.m. until
7:00 p.m.
 Mayor DeSimone, Alderman Matthews, and Manager Barth will be attending NCLM Advocacy Goals
Conference January 24 in Raleigh.
 The Region A meeting will be held in Cherokee at 6:30 p.m. on January 28.
 The sound proofing for the stage at the festival grounds is almost complete. Public Works should
begin painting the inside of the stage within the next week.
 The City and County Manager’s Conference will be held February 6 through the 8 in Durham. The
next regularly scheduled Board of Aldermen meeting would be February 12. Normally Thursday
February 7 would be the agenda setting meeting, but Manager Barth will be at the conference.
11
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
January 8, 2013
MINUTES
Council decided to have all agenda items to Manager Barth by January 31, 2013. Council will email
Manager Barth any agenda items they wish to add.
Other Business
None
Meeting Adjourned
ON MOTION OF ALDERMAN MATTHEWS, WITH ALL IN FAVOR THE MEETING ADJOURNED AT 6:58 P.M.
Council called the meeting back into session to address the December minutes.
ON MOTION OF ALDERMAN WIGHT, THE MINUTES OF DECEMBER 11, 2012 WERE APPROVED.
MOTION CARRIED UNANIMOUSLY.
ON MOTION OF ALDERMAN WIGHT, WITH ALL IN FAVOR THE MEETING ADJOURNED AT 6:59 P.M.
_________________________________
Mayor Ron DeSimone
ATTEST:
________________________________
Vickie Best, CMC, Town Clerk