Members Present:
Staff Present:
Others Present:
1
Town of Maggie Valley
Special Called Board of Aldermen Meeting
August 30, 2012
MINUTES
Mayor Ron DeSimone, Aldermen: Saralyn Price, Phillip Wight, and Michael
Matthews
Manager Tim Barth, Attorney Chuck Dickson, Planning Director Nathan Clark,
Administrative Assistant Karen Batick, Chief Scott Sutton, and Public Works
Director Mike Mehaffey.
approximately 22 people
Meeting Called to Order
Mayor DeSimone called the meeting to order at 6:00 p.m. in the Town Hall Boardroom.
Conditional Use Hearing: Sweepstakes Gaming Machines
Under oath, Planning Director Clark provided the facts and history of the request.
At the August 14, 2012 Aldermen Meeting the board adopted Ordinance 759.
Ordinance 759
Town of Maggie Valley
Replaces Ordinance No. 680 and Ordinance 685
Internet Sweepstakes Business Text Amendment
Definitions:
Internet sweepstakes business: A for-profit enterprise where computer terminals are made available for customers
who in turn purchase internet time and in return earn sweepstakes entries with winnings paid on site in cash, or
additional terminal time, or any combination thereof. This use does not include computer centers offering
customers use of computers or internet time with no opportunity to enter or win a sweepstake or prize.
Ancillary Gaming Facility: A business where one (1) to fifteen (15) sweepstakes gaming terminals are an ancillary
use within a business such but not limited to a restaurant, bar or hotel
Dedicated Gaming Facility: A business where more than fifteen (15) sweepstakes gaming terminals is the primary
business function and where the serving of snacks or drinks and/or other services are ancillary to internet
sweepstakes business. To operate this business shall have a minimum of two thousand five hundred (2,500) square
feet of indoor space. No child under the age of eighteen shall be permitted in these facilities.
{Dedicated Gaming Facilities shall be added to the Land Use Table as Conditional Use with Additional Standards
(C*) within the C-1 General Business District.}
Distance Requirements:
The establishment must be a minimum of one thousand five hundred (1,500) feet from any other organization
engaged in an internet sweepstakes business.
The establishment must be a minimum of one thousand five hundred (1,500) feet from any established religious
institution, school, daycare center/home; library, museum and public park
A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered
land surveyor depicting the property lines and the structures containing any existing internet sweepstakes
businesses within one thousand five hundred (1,500) feet of the property line to be certified.
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Town of Maggie Valley
Special Called Board of Aldermen Meeting
August 30, 2012
MINUTES
Gaming Terminal Requirements
Ancillary Gaming Facilities are allowed one (1) machine per one thousand (1,000) square feet of indoor floor space
Dedicated Gaming Facilities are allowed one (1) machine per fifty (50) square feet of indoor floor space
Parking Requirements:
One (1) space per every two (2) terminals or one (1) space per every one hundred (100) square feet of total floor
area, whichever is greater;
Fees:
The Town of Maggie Valley shall collect business privilege fees for internet sweepstakes business. Business that
utilize up to four (4) terminals shall pay $2,500. Business utilizing more than four (4) terminals shall pay $750 per
terminal. Fees are due to the Town annually and shall be paid in full to receive the required zoning conformance
and business license permits.
The Pinters have met all of the requirements set forth in the ordinance. The Pinters must meet the
aesthetic guidelines. The Pinters will install a new entry-way into the white building similar to the
entrance on the brown building to the rear of the structure where the gaming machines are proposed.
All of the aesthetic requirements have been met.
The Pinters are asking for thirty (30) machines.
ALDERMAN MATTHEWS MADE A MOTION TO APPROVE THE CONDITIONAL USE PERMIT. MOTION
CARRIED UNANIMOUSLY.
Selection of an Alderman for the Vacant Alderman Seat
Mayor DeSimone suggested setting a date to interview the applicants.
Council scheduled Monday September 10 beginning at 4 p.m. to interview applicants every twenty (20)
minutes in the town hall boardroom.
Public Comment:
Bob Knoedler of 373 Campbell Creek Road addressed Council stating that he is embarrassed by the
Town Council’s action and the quotes that were in the newspaper. “Less than twenty-four hours after
the deadline for applications for nomination, Council members were saying there is no need for
interviews. People are playing favorites. This is wrong. I expect my town council to act with integrity
and to have morals and to act with principals and ethics. This is not Chicago. I chose to live here. This
really bothers me. I appreciate that you have now slowed down the process and have decided to do
interviews. Whether that was through shame that came from the newspaper or not, I am glad you
slowed the process. You need to take a look internally and see what is going on here. The people should
be properly interviewed. They are owed that. As stated in the newspaper, you are not legally required to
do interviews. You owe an apology to the taxpayers in this town. I don’t care about what is legally
required or not, I care about doing what is right. The right thing is to properly vet these people.”
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Town of Maggie Valley
Special Called Board of Aldermen Meeting
August 30, 2012
MINUTES
Brenda O’Keefe owner of Joey’s Pancake House addressed Council stating that she had heard that the
selection had been made to place Steve Hurley in the position the day after Phil (Aldridge) resigned.” I
called the Institute of Government and you can appoint someone without taking applications or doing
interviews. This board ran on transparency. I don’t expect you would do something illegal, but you may
do something that is not moral.” Ms. O’Keefe went on to read the definition and meaning of a
transparent government. “A government that is not transparent could be open to corruption because
there is no oversight. You are making people wonder about your decisions now. I was appalled that Mr.
Matthews introduced Mr. Hurley as the new Maggie Valley alderman at a Region A meeting. I have
nothing against Mr. Hurley, he is a business man doing well in Maggie Valley, but I think that is not really
appropriate. I know that you said you were not going to conduct interviews and that you accepted
applications for show. These people deserve an interview. You do look like fools now. Let us have
transparency that is what you ran on (for office).”
Alderman Matthews stated that he still stands by what he stated in the newspaper. “At the time I spoke
with the reporter I had known all of the applicants. I feel that every single one of them would do a good
job. I asked to have interviews prior to this meeting. I do have my favorites and I stand by that. As for
transparency, if I was not transparent, I would not have had that conversation with the reporter. That is
as transparent as you can get. I have talked to each one individually some time or other.”
Candy Way questioned Alderman Matthews on how he could have made up his mind before talking to
the other applicants.
Alderman Matthews stated that he was in favor of doing interviews all along. Alderman Wight stated
that he had suggested selecting the top three (3) candidates and doing interviews with those folks.
Alderman Matthews added that the interview process has always been fast tracked. That is how he was
appointed. “The town advertised for the position and then in ten days Council interviewed the
candidates prior to a regularly scheduled meeting, and then made the appointment.”
Jaysay Ketchum, a candidate spoke from the floor asking Alderman Matthews if he had ever spoken to
him. Then Mr. Ketchum introduced himself.
Alderman Matthews apologized adding that obviously Council is going to interview everyone now. “You
(Jaysay Ketchum) and Heather Hyatt were the only two I had not spoken with and I asked the town
manager to set up interviews with the two and then the public notice got sent out wrong.”
Steve Hurley addressed the audience explaining that he did not know how this all got started. “I came
to this little valley with my wife and kids. I told Michael Matthews, who is a very good friend of mine
that he had to interview everyone. We have a good friendship and that is not going to change. I told
him you must pick the right person. This Board would be great as long as you interview and pick the
right person for the job. I am not going to pick this little town apart therefore I rescind my application.
We have all got to get together on this. Thank you.”
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Town of Maggie Valley
Special Called Board of Aldermen Meeting
August 30, 2012
MINUTES
Adjournment
ALDERMAN PRICE MADE THE MOTION TO ADJOURN AT 6:21 P.M. MOTION CARRIED UNANIMOUSLY.
___________________________
Mayor Ron DeSimone
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Vickie Best, Town Clerk, CMC