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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
Tuesday February 12, 2013
6:00 p.m.
MINUTES
Members Present:
Staff Present:
Others Present:
Mayor Ron DeSimone, Aldermen: Saralyn Price, Phillip Wight, and
Michael Matthews
Manager Tim Barth, Attorney Chuck Dickson, Public Works Director
Mike Mehaffey, Planning Director Nathan Clark, Festival Director Audrey
Hager, Chief Scott Sutton, Officer Russ Gilliland and Town Clerk Vickie
Best
Approximately 26 people
1. Meeting Called to Order.
Mayor DeSimone called the meeting to order at 6:05 p.m. in the Town Hall Boardroom.
2.
Consent Agenda
a. Petition for Annexation: Jack and Gayle Mutchnik, 1589
Country Club Drive, Parcel #7697-50-1669, (0.67 acres)
Resolution No. 13-3 Directing Clerk to investigate an
annexation petition.
b. Ad Valorem Tax Recap.
c. Year to Date Revenues and Expenditures.
d. List of delinquent taxpayers for 2012
e. Order to advertise and collect 2012 taxes.
f Tax Release.
g. Correction and Approval of the Minutes for the January
8, 2013 meeting.
Alderman Price asked that the minutes of January 8, 2013 be amended on page 1 paragraph 4 to
read Matt Shell rather than Mike Shell.
Mayor DeSimone asked that Consent Agenda item D be stricken from the consent agenda. The
list was not included in the agenda.
ALDERMAN WIGHT MADE A MOTION TO ACCEPT THE CONSENT AGENDA
WITH THE CHANGES DISCUSSED. MOTION CARRIED UNANIMOUSLY.
3. Public Comment.
James Carver, Maggie Valley Restaurant, addressed Council asking that from November
through April that the Council meetings are held at 4 p.m., so that citizens, who do not drive after
dark, may attend. Mr. Carver also asked that Council reduce the number of council members to
two aldermen and one mayor. The meetings take too long and so far the meetings have been
dysfunctional.
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
Tuesday February 12, 2013
6:00 p.m.
MINUTES
Joe Maniscalco, resident of Clearview Drive, informed Council that on January 11 he
submitted a letter to town hall introducing himself as a candidate for alderman. Two hours later,
Mr. Maniscalco stated that two police officers came to his door with a letter banning him from
town hall. The only way Mr. Maniscalco can come to town hall is with a police escort. Mr.
Maniscalco stated that he is seventy-five (75) years old and has never had a blemish on his
reputation. Mr. Maniscalco provided his history of being bestowed honors from the senate and
congress, as well as the New York police for helping women. Mr. Maniscalco took offense that
after all these years of being in Maggie Valley and being a taxpayer he is now barred from town
hall. Mr. Mansicalco stated that he respects everyone; that he only speaks up at meetings. Mr.
Maniscalco asked for a response as to why he is barred from town hall. When informed that he
knew why, Mr. Maniscalco stated that he wanted the town’s people to know what is going on.
Aldermen Wight and Matthews felt the second letter sent to Mr. Maniscalo was out of line and
was sent without their input. The entire council discussed sending Mr. Maniscalco the first letter
asking him to be escorted by the police or by Aldermen Wight or Matthews to town hall.
Aldermen Wight and Matthews would rescind their vote on sending the first letter, if possible.
Both councilmembers took issue with the second letter.
Alderman Price stated that Mr. Maniscalco did not abide by the first letter and continued to
harass the employees. Mayor DeSimone agreed, adding that he stands by authorizing the second
letter.
Aldermen Matthews and Wight questioned the Mayor having the authority to send the second
letter, as well as barring a taxpayer from town hall.
As in previous discussions, Mr. Maniscalco felt the minutes of October 9, 2012 were fraudulent
because the minutes did not reflect Mayor DeSimone and Alderman Price “lying”. “The clerk
deprived the people of knowing the truth.” Mr. Maniscalco asked that the minutes reflect what
was said at the meeting and recorded on the CD.
Alderman Matthews is in the process of reviewing the minutes and the CD.
Allan Alsbrooks, owner of Hearth and Home Inn, addressed Council explaining that there are
discussions regarding raising the occupancy tax to 6%. The county will be asking the Town of
Maggie Valley to submit a resolution of support. Mr. Alsbrooks felt that since legislation is
being drafted it would be the perfect time to do something about his situation where his inn is
inside Maggie Valley corporate limits while his zip code is Waynesville. Therefore, the
occupancy tax from Hearth and Home Inn goes to Waynesville. Mr. Alsbrooks asked that
Council consider him and other lodging facility in the same position before submitting a
resolution.
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
Tuesday February 12, 2013
6:00 p.m.
MINUTES
State legislation mandated those rules, although due to problems such as this, the issue will be
discussed among state leaders.
Colin Edwards, a former Alderman, addressed Council asking to respond to what Mr.
Maniscalco said. Mr. Edwards sat on the board during the annexation of Mr. Maniscalco. Mr.
Maniscalco is no different than anyone else on Clearview Drive or any other taxpayer. He
receives or could receive the same services. Three aldermen voted to let Mr. Maniscalco out of
town and two of the three are taxpayers. Mr. Edwards could not understand their actions.
As for Mr. Maniscalco not being allowed to come to town hall without an escort; Mr. Edwards
stated that Mr. Maniscalco terrorizes the staff. Mr. Edwards had forty-six (46) pages of faxes
from Mr. Maniscalco to Town Hall which become public records. The faxes are full of
accusations regarding staff.
Mr. Edwards went on to inform Aldermen Matthews and Wight that he was in attendance at the
meeting where council voted to send Mr. Maniscalco a letter. Mr. Edwards asked how
Councilmen Matthews and Wight would feel if Mr. Maniscalso was treating their wives as he is
the employees in the front office. Mr. Edwards informed Mr. Maniscalso that the employees of
Maggie Valley are great employees; he has known some of the employees his entire life.
Alderman Matthews defended his position regarding the second letter to Mr. Maniscalso, and
reaffirmed that in his opinion the mayor did not have the authority to send the letter.
Mr. Edwards added the Mr. Maniscalso donated money to Phil Aldridge’s campaign and then
one of the first actions taken after the election was to vote to de-annex Mr. Maniscalso.
4. Appearance of Lyuba Zuyeva, with the Land-of-Sky Regional Council of
Governments, requesting approval of the French Broad River MPO Memorandum of
Understanding
The French Broad River Metropolitan Planning Organization provides regional transportation
planning coordination for the French Broad River area. All towns in Haywood County, plus
Haywood County, are all members of the FBR MPO. It is housed and staffing is provided by the
Land-of-the- Sky Regional Council in Asheville. The funding for this comes from the federal
government and local dues.
Because of some changes due to the 2010 census, the FBR MPO has expanded in size to include
parts of Transylvania County, Madison County and the Town of Mars Hill, and the greater
Weaverville/Jupiter Road area of Buncombe County. The original Memorandum of
Understanding was adopted in 2008. The new Memorandum of Understanding adds
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
Tuesday February 12, 2013
6:00 p.m.
MINUTES
Transylvania County, Madison County, and Mars Hill as voting members. The FBR MPO began
in 1960 building roads and allowing for a lot of public input.
Alderman Matthews is the representative for Maggie Valley with Alderman Wight being the
alternate member. This has been discussed in their meetings for a while now.
ALDERMAN MATTHEWS MADE A MOTION TO ADOPT THE MEMORANDUM OF
UNDERSTANDING. MOTION CARRIED UNANIMOUSLY.
5. Consideration of rescinding an earlier letter sent to a citizen regarding access to Town
Hall
ALDERMAN PRICE MADE A MOTION TO PLACE THIS ITEM AT THE END OF
THE AGENDA SO THAT COUNCIL MAY ENTER CLOSED SESSION.
Alderman Matthews felt there was no need to go into closed session because it has already been
brought out in public. Alderman Matthews was fine with the first letter, but not with the second
letter sent by Chief Scott Sutton. Alderman Matthews stated that the second letter should be
rescinded.
Alderman Price stated that Mr. Maniscalco did not abide by the first letter “so should he continue
to come unattended to town hall”. Alderman Matthews stated that the first letter was a request,
not a law. Once again, Alderman Matthews asked that Mr. Maniscalco get him or Alderman
Wight to accompany him to town hall. “This is just a request; Joe has the right to do what he
wishes.”
Mr. Maniscalco responded from the audience until Mayor DeSimone informed him that this was
a discussion among the council members.
Alderman Price felt that council should support and protect the town employees. Alderman
Matthews agreed, “But the issue should have been discussed among all of the board members”.
Alderman Wight agreed. Alderman Wight felt that the second letter to Mr. Maniscalco was “out
of bounds” the same as the other letter that was written and sent to representatives in Raleigh
regarding the de-annexation.
When questioned about the mayor’s authority, Attorney Dickson responded that if he was going
to provide legal advice he would prefer to go into closed session, but on several occasions he had
advised council not to have contact with Mr. Maniscalco because he has threated litigation on
several occasions.
ALDERMAN PRICE’S MOTION CARRIED UNANIMOUSLY.
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
Tuesday February 12, 2013
6:00 p.m.
MINUTES
6. Discussion regarding sewer fees
Alderman Wight stated that the discussion on sewer fees can be held during a budget workshop.
7. Consideration of awarding an audit contract for FY2012-13 to Martin Starnes &
Associates
The town has been working with Martin Starnes & Associates for several years. This is an
extension of a prior agreement for services.
MR. WIGHT MADE A MOTION TO AWARD THE AUDIT CONTRACT TO MARTIN
STARNES & ASSOCIATES. MOTION CARRIED UNANIMOUSLY.
8. Consideration of Resolution 13-2 opposing legislation that provides for the forced
taking of a Municipal Water System.
RESOLUTION NO. 13-2
RESOLUTION OPPOSING LEGISLATION THAT PROVIDES FOR THE FORCED
TAKING OF MUNICIPAL WATER SYSTEM
WHEREAS, Statewide legislation was introduced in the 2011 Session of the North
Carolina General Assembly that would have forced the involuntary conveyance of a cityowned water system to a Metropolitan Sewer District; and
WHEREAS, prior to the beginning of the 2012 Session of the North Carolina General
Assembly, the Legislative Research Commission recommended legislation that would force the
City of Asheville to transfer its Municipal water system to a Metropolitan Sewer District; and
WHEREAS, the 2012 Session of the North Carolina General Assembly enacted
legislation to begin the process of the forceful taking of a Municipal water system; and
WHEREAS, it is anticipated that legislation will be introduced at the beginning of the
2013 Session of the North Carolina General Assembly that will force the transfer of a
Municipal water system; and
WHEREAS, public utilities have the unique responsibility to be protectors of public
health and the environment, while serving as partners in the community’s growth and
development; and
WHEREAS, the forced taking of any local government infrastructure sets a dangerous
precedent in the State of North Carolina, a precedent that will have a chilling effect on any
local government investing in needed infrastructure in the future, thereby endangering business
opportunities and economic stability in the State and resulting in job losses for citizens here
and across the State.
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
Tuesday February 12, 2013
6:00 p.m.
MINUTES
NOW, THEREFORE, BE IT RESOLVED BY THE MAGGIE VALLEY
BOARD OF ALDERMEN AS FOLLOWS:
1.
The Maggie Valley Board of Aldermen is opposed to legislation that forces the
transfer of any City’s municipal water system to another entity.
2. The Maggie Valley Board of Aldermen is convinced that local solution arrived at by an
open, collaborative process is preferable to a legislative directed disposition of local
government assets.
3. The Maggie Valley Board of Aldermen is opposed to the forced taking of any local
government infrastructure because such taking sets a dangerous precedent that will
have a chilling effect on any local government investing in needed infrastructure in the
future, thereby endangering business opportunities and economic stability in the State
and resulting in job losses for our citizens here and across the State.
ALDERMAN WIGHT MADE A MOTION TO SUPPORT RESOLUTION 13-2 AS
PRESENTED. MOTION CARRIED UNANIMOUSLY.
9.
Consideration of two events for the Festival Grounds in 2013:
- CAN AM – BRP Spyder Owners Event -2013; June 12-14, 2013
- Volkswagen Event; September 20-21, 2013
Director Hager informed Council that this will be CAN AM’S by-annual conference. The
Volkswagens in the Valley is a new event that will draw attendees from up and down the east
coast. The promoter is expecting 1500 people to attend and the event is also open to the public
for a $5 charge at the gate. The Parks, Recreation, Festivals Advisory Committee recommended
approval of both events.
ALDERMAN MATTHEWS MADE A MOTION TO APPROVE BOTH EVENTS.
MOTION CARRIED UNANIMOUSLY.
Director Hager informed Council that Thunder on the Parkway motorcycle rally has been
canceled due to the promoter finding a more convenient place near Atlanta Ga. Director Hager
has received a call from Nikki McCullough, owner of Salty Dog’s Restaurant, discussing another
motorcycle rally for that date.
The wedding for June 15 has been canceled due to relocation for a job. The couple is looking at
2014 for their wedding.
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
Tuesday February 12, 2013
6:00 p.m.
MINUTES
10. Consideration of approving a contract for July 4 fireworks
Excerpt from PRFAC minutes:
The members decided that Zambelli Fireworks should be used for the 2013 fireworks show
because of the greater number of shells they are willing to shoot for the set price, if after a site
visit, there are no unforeseen issues the PRFAC recommends contracting with Zambelli
Fireworks.
The cost and duration of the fireworks show is the same for both companies. The number of
shells shot is increased if Zambelli Fireworks does the show, although they are slightly smaller.
Zambelli Fireworks and Pyro Shows both are respectable companies. Zambellis uses a 100-foot
rule to shoot from, whereas Pyro Shows uses a 70-foot rule to shoot which allows Pyro Shows
to use larger shells.
ALDERMAN PRICE MADE A MOTION TO USE ZAMBELLIS FIREWORKS FOR
THE 2013 FIREWORKS. MOTION CARRIED UNANIMOUSLY.
11. Consideration of a proposal for signage at Parham Memorial Park
Manager Barth has received the following quotes from A to Z Signs and Engraving Company. A
12” by 18” cast aluminum ($330) or bronze plaque ($590) to credit Mrs. Duvall for her generous
contribution that made the Parham Park pavilion possible were priced.
A dark green sign measuring 3’ by 6’ officially naming Parham Memorial Park made of
polymetal with ivory lettering will cost approximately $205.00.
A 2’ by 3” sign of dark green polymetal with ivory lettering thanking all of the groups that gave
funds to make the park possible will cost approximately $56.
Alderman Price stated that she has had so many complements about Parham Park and the new
restroom/pavilion. Many people look at the pavilion and restrooms as a great benefit/asset for
Maggie Valley’s residents and visitors. Alderman Price asked that the restrooms be opened as
soon as possible for people’s ease and enjoyment.
There are still some walkways that need to be installed which is totally dependent on when
weather will allow. The ground around the pavilion is soft from all the rain.
Under other business, Council will further discuss the issue. The project was stopped early by a
councilman because of concerns about the cost of the walkway materials.
ALDERMAN PRICE MADE A MOTION TO GO WITH THE BRONZE SIGN AND THE
OTHER TWO FOR A COST OF A LITTLE OVER $892. BRONZE IS MORE
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
Tuesday February 12, 2013
6:00 p.m.
MINUTES
APPROPRIATE FOR THE WOMAN THAT DONATED THE MONEY TO THE TOWN
FOR THE PAVILION. MOTION CARRIED UNANIMOUSLY.
12. Consideration of a recommended appointment to the Maggie Valley 1% TDA
Subcommittee
Prior to today’s meeting Council held an interview session.
ALDERMAN PRICE MADE A MOTION TO APPOINT JAY MANNER TO THE
MVTDA1% SUBCOMMITTEE. MOTION CARRIED UNANIMOUSLY.
13. Consideration of setting a date for a budget workshop, preferably sometime between
Monday February 25 and Friday March 1
Together Council decided to have the first budget workshop on Thursday February 28 beginning
at 9 a.m. in the Town Hall Boardroom.
14. Consideration of moving the next agenda setting meeting from Thursday March 7 at
9:00 a.m. to Tuesday March 5 at 9:00 a.m.
Council decided to have the agenda setting meeting on Tuesday March 5 at 9 a.m.
15. Consideration of a Conditional Use Permit for an Entertainment/Music Venue in the
former Carolina Nights building
This item was removed from the agenda by the owner.
16. Manager’s Report.
The Maggie Valley Planning Board had a workshop to discuss streamlining the conditional
use process to better accommodate potential businesses. The draft revisions to the ordinance,
land use plan, and list of allowable uses is complete. At the next regularly scheduled planning
board meeting (2/28/13) the members will review the final draft to present to the Aldermen in
March.
 On February 8, staff received a letter from Greg Stephenson resigning from the planning
board due to health problems.
Alderman Wight suggested contacting the people that applied before, to send out a request on the
sunshine list and to have interviews before the next regularly scheduled Aldermen meeting.
 Mr. Cabe Carver’s term ends in April on the ABC Board. The town is accepting applications
of nomination for any interested party in the Maggie Valley area. The terms are for three years
and there is a regularly scheduled monthly meeting.
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
Tuesday February 12, 2013
6:00 p.m.
MINUTES
17. Other Business.
As previously mentioned, Alderman Wight brought up the issue of the walkway materials at
Parham Park and where the materials came from and at what cost?
WNC Paving had asked if the town was interested in the walkway materials they had in stock.
Alderman Wight felt this item should have been on the agenda for discussion. Alderman Wight
had concerns about bartering, rather than paying for the materials out-right. There was a
bartering of labor for sewer taps at the carwash which brought up concerns at that time.
Alderman Wight was under the impression that the town no longer bartered after the carwash
episode.
Public Works Director Mehaffey responded that he and WNC Paving had discussed the materials
and what would be a reasonable cost. After talking and looking at the materials, WNC Paving
agreed to accept $2,000 worth of sewer taps for the materials. The cost of purchasing the
material from the vendor would have been $2,500; therefore staff felt that it would be a
worthwhile trade with the town receiving the most “bang for the buck”.
This was an exchange of sewer tap credit for the walkway gravel materials. Mayor DeSimone
felt that it was to the town’s benefit to get the materials for a $500 savings. “This kind of
arrangement goes on in municipalities all the time.”
Alderman Wight felt this was an issue that should have come before the board. Alderman Wight
stated that he had rather pay outright for the extra grading at the treatment plant, because no one
was aware of the trade. “It sounds like an inside deal”.
Director Mehaffey explained that it was not a trade for grading. WNC Paving had the material
for the walkway at Parham Park and is in need of sewer taps for the proposed campground.
There was no extra grading done at the waste water treatment plant. Everything done at the
treatment plant was part of the bid for the levee job.
Alderman Wight explained that the story told to him was not like that in any way. Alderman
Wight asked if there were extra tap credits given to WNC Paving? Mayor DeSimone stated that
$2,000 of sewer credit was given for $2,500 worth of material.
Director Mehaffey stated that he was not a party to any discussion regarding extra grading at the
treatment plant.
Alderman Matthews explained that he was told by WNC Paving that they did extra grading at the
treatment plant and that the town still owed them for the work.
The extra grading was done at the firing range while WNC Paving had their equipment on site.
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
Tuesday February 12, 2013
6:00 p.m.
MINUTES
Alderman Wight then questioned Manager Barth about the extra grading done at the treatment
plant and any discussion pertaining to the extra grading.
For that extra grading, Manager Barth responded that he was ready to offer WNC Paving $3,600
in sewer credit.
Again Alderman Wight asked that council and the public be made aware of these types of
transactions, prior to the exchange. Alderman Wight would prefer to see something in writing.
The town should be more open and should not be trading or bartering.
Mayor DeSimone stated that the $2,000 sewer tap credit was for $2,500 worth of materials only
at Parham Park.
After several questions back and forth, Alderman Wight asked Manager Barth if there has ever
been any discussion about the extra grading at the treatment plant.
There were some discussions, but the town has not received an invoice.
Alderman Matthews concurred with Alderman Wight. Alderman Matthews added that he felt
that the “exact” question must be asked before the actual answer can be obtained. He too agreed
that all transactions should be documented.
Both Manager Barth and Mayor DeSimone stated that they did answer the questions.
Alderman Wight would like to see something in writing so that the town can move forward with
the project and get the restrooms at Parham Park open. Alderman Wight felt that close to $5,000
was being hid from the public in trading sewer taps.
Alderman Price felt that Council should allow Manager Barth to manage the town.
Sewer taps have been traded for easements since the beginning of municipal sewer.
18. Meeting Adjourned.
ON MOTION OF ALDERMAN PRICE WITH ALL IN FAVOR COUNCIL WENT INTO
CLOSED SESSION AT 7:11 P.M. TO CONSULT THE ATTORNEY.
COUNCIL CAME OUT OF CLOSED SESSION AT 8:15 P.M. WITH NO ACTION
TAKEN.
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
Tuesday February 12, 2013
6:00 p.m.
MINUTES
_________________________________
Mayor Ron DeSimone
_____________________________
Vickie Best, Town Clerk