1
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
Members Present:
Staff Present:
Others Present:
Mayor Ron DeSimone, Aldermen: Phillip Wight, Saralyn Price and
Michael Matthews
Manager Tim Barth, Attorney Chuck Dickson, Chief Scott Sutton, Finance
Director Shayne Wheeler, Festival Director Audrey Hager, Planning
Director Nathan Clark, and Town Clerk Vickie Best
Approximately 20 people
1. Meeting Called to Order.
Mayor DeSimone called the meeting to order at 6:01 p.m. in the Town Hall Boardroom.
2.
Consent Agenda
a. Ad Valorem Tax Recap.
b. Year to Date Revenues and Expenditures.
c. Tax Release and Refund.
d. Correction and Approval of the Minutes for the October
9, 2012 and October 30, 2012 meetings.
ALDERMAN MATTHEWS MADE A MOTION TO APPROVE THE CONSENT
AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY.
3. Presentation of the FY 2011-12 annual audit by Martin Starnes & Associates
Ms. Erica Brown with Martin Starnes & Associates, CPAs, P.A. addressed Council providing the
following information and a power point presentation.
Audit Highlights:
 Unqualified Opinion & Cooperative Staff
This is a process that is year-round from an unbiased accounting firm. Ms. Brown thanked
Finance Director Wheeler for her exceptional accounting skills and provider of information.
Director Wheeler and Ms. Brown are talking regularly about planning the audit and assessing
risk throughout the year. The interim fieldwork is completed in May, with the final fieldwork
completed in July.
The main decrease in Revenues was due to ad valorem tax decrease and other taxes and licenses
decrease. (Other tax and license includes local option sales tax and utility franchise tax) There
was a property revaluation in 2011 which decreased values and the census reduced the
population.
Expenditures decreased in the public safety department and the transportation department due to
capital outlay) decreases.
The General Fund 2011 Revenues: $2,529,373 Expenditures: $2,149,935
The General Fund 2012 Revenues: $2,317,091 Expenditures: $2,108,208
 Assets – Liabilities = Fund Balance
5 Classifications:
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
Non spendable - not in cash form (prepaid)
Restricted - external restrictions (laws, grantors)
Committed - internal constraints at the highest (Board) level-do not expire,
require Board action to undo
Assigned - internal constraints, lower level than committed
Unassigned - no external or internal constraints
Available fund balance as defined by the Local Government Commission (LGC) is
calculated as follows:
Total Fund Balance
Less: Non spendable (not in cash form, not available)
Less: Stabilization by State Statute (by state law, not available)
Available Fund Balance
This is the calculation utilized as the basis for comparing you to other units and
calculating your fund balance percentages
General Fund Balance total $1,987,217
Less nonspendable (prepaids) $26,155
Less Stabilization by State Statute $44,214
Equals $1,916,848 available fund balance
General Fund Balance decreased 3% in the prior year it had increased 18%
Decrease was a result of Parham park expenditures and an additional transfer to the
festival grounds when rental fees were eliminated.
Total fund balance decreased but available fund balance increased. This is because of a
$79,000 decrease in receivables from prior year which decreased stabilization by state
statute.
Ad Valorem Taxes decrease approximately $136,000 or 7%. This decrease is due to
property tax revaluation (decrease in values) however there was a 95% collection rate.
Overall decrease of $100,000 or 19% is due to decrease in local option sales tax $66,000,
cable TV franchise tax $12,000, and utility franchise tax $21,000. These taxes are state
shared revenues based on population.
Increase of $18,000 or 27% due to new grants in 2012 specifically a $40,000 COPS
grant.
Slight increase in 2012 total of 6% - increase was in operations – had $14,590 paid to NC
Employee Security Commission for Ron Mercier and Bill Cody as well as having a
municipal election.
3
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
The sewer fund is: Unrestricted Net Assets $1,544,034, Cash Flow from Operations
$ 378,592, Required Debt Service $ 214,234
The Festival Grounds is: Required Debt Service $ 72,126 Cash flow from Operations
($106,612) Net Assets $ 694,579
4. Public Comment.
Jasay Ketchum addressed Council stating that he would go to Raleigh to get something done on
paving Lisa Lane, Susan Drive, and Gail Lane. Mr. Ketchum stated that Mayor DeSimone needs
to have a discussion with Public Works Director Mike Mehaffey to make another attempt to do
snow removal in the Woodlands Subdivision.
Manager Barth explained that in order to get snow removal, each resident must sign a hold
harmless agreement. Staff will once again attempt to get a signed agreement from each property
owner in the Woodlands Subdivision.
Mr. Ketchum questioned why Frankie’s Restaurant is allowed to have three signs.
All three (3) signs combined, are still under the allowed 250 square feet.
Bruce Bain addressed Council on behalf of The Preserves at Jonathan Creek subdivision.
Several streetlights within the development were disconnected during a Town of Maggie Valley
street lighting audit. The audit was conducted and streetlights throughout town were
disconnected unless the lights were needed for safety purposes. Mr. Bain stated that the
community was not notified of the streetlight audit and the resulting six streetlights being
disconnected and the poles removed. The poles were put back into place and the town took away
two lights and gave the community two lights. Out of eighteen (18) streetlights, the Town pays
for seven (7) streetlights. Mr. Bain distributed a color-coded guide showing the status of all
streetlights within the subdivision SEE ATTACHMENT NO. 1. The subdivision residents
would like to have streetlight numbers two (2), four (4), seventeen (17) and twenty-seven (27)
turned back on. The developer charged the home owners association $3,400 last year for street
lighting.
Mr. Bain went on to talk about the new leadership in Maggie Valley and how they ran for office
on new ideas and open minds. Mr. Bain read from the new leadership’s political literature.
“Current policies have turned off streetlights and darkened many communities, directly affecting
the taxpayers that are paying the bills. These policies have dumped unexpected road repair costs
on unsuspecting taxpayers, and stifled or discouraged many businesses in the valley. The
promise made in the literature was “Revisit the street lighting policy in regards to existing
communities annexed into the town to insure that strict adherence isn’t counterproductive by
leaving communities in the dark.” Mr. Bain questioned Council on it now being November 2012
and still there has been no headway with the street lighting policy. Mr. Bain asked that the town
pay for more streetlights and to turn on pole numbers 2, 4, 17, and 27 in The Preserves. The
street lights have been in place for over ten (10) years.
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
Mayor DeSimone stated that he could understand the request for number twenty seven (27) and
possibly number seventeen (17) if in a curve; but streetlight numbers two (2) and four (4) are in a
strait-away. Mayor DeSimone stated that he would like for Council to have the opportunity to
visit the area after dark to better understand the request.
Alderman Matthews felt that the town should give the community back at least three (3) of the
four (4) lights requested. Alderman Matthews explained that there is a light at his home in
Brannon Forest and his home is the only house on the road.
ALDERMAN MATTHEWS MADE A MOTION TO APPROVE THE RECONNECTION
OF STREETLIGHT NUMBERS SEVENTEEN (17) AND TWENTY SEVEN (27) AND
THAT COUNCIL DO ON-SITE VISITS TO THE SUBDIVISION AFTER DARK TO
MAKE A DECISION ON THE REMAINING STREETLIGHTS AT THE NEXT
MEETING.
Director Clark explained that the current policy is to encourage street lighting at intersections,
cul-de-sacs and on sharp curves. Streetlight number twenty seven (27) meets that formula. There
are not any houses on Prestige Street.
MOTION CARRIED UNANIMOUSLY.
Ms. Carol Burrell, representing Maggie Valley Creekside Lodge, addressed Council regarding
the upcoming agenda item for a text amendment for light manufacturing in the Commercial 1
District. Ms. Burrell thanked Council for the opportunity to speak on the subject adding that
there seems to be a misunderstanding by other boards, and board members of the value of this
democratic process. “We must all be respectful of each other’s point of view and listen with open
minds, not closed ones.” Mr. Burrell acknowledged the economic statistics and growth in
Haywood County and why Maggie Valley would like to contribute to that economic success.
It is many people’s belief that the town boards are overlooking key points in their decisions.
 Moody Farm Road to Fie Top Road is Maggie Valley’s tourism district. Soco Road/
Highway US 19 is Maggie Valley’s downtown/ main street.
 People are questioning the due diligence of the boards with a company locating from out
of state. The town should have sent a group of representatives from the town to do an
on-site visit of Mr. Combs’ facility in Ohio. The residents living behind Carolina Nights
Dinner Theater are still waiting for an on-site visit from the planning board and the
zoning board of adjustments.
 Ms. Burrell questioned how combining manufacturing industries in small towns affect
future property values. It is the property owners’ belief that industries in the middle of a
planned tourist area will do irrevocable damage to property values.
 “The vote to change the Land Use Plan would benefit a minority to the detriment of the
greater business/residential community.
5
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
Ms. Burrell asked that Council allow the community, through the Moving Maggie Forward
process, to make the decision, not the town boards.
5. a. Public Hearing to consider a zoning ordinance text amendment to add High
Technology Firms as a Conditional Use to C-1 with additional standards.
b. Consideration of Ordinance No. 759 to amend the zoning ordinance to allow High
Technology Firms as a Conditional Use in C-1 with additional standards
Mayor DeSimone opened the public hearing at 6:36 p.m.
Kyle Edwards asked that Council remember that jobs feed families. “We need to get behind
everything we can in this community.”
Jasay Ketchum had concerns about semi-trucks parking in the middle of Soco Road. It was his
opinion that semi-trucks could not back down onto the property.
Trucks will back down on the right side of the building to a loading dock.
Shirley Pinto questioned the impact a factory would have on the tourism industry. At a previous
meeting, Planning Board member Billy Case stated that the factory located three blocks off of
historic downtown Waynesville has no effect on tourism. Ms. Pinto explained that Waynesville
and Hazelwood began as industrial towns. Maggie Valley provides the bedrooms for the tourist
coming to Haywood County. Maggie Valley has more motel rooms than Hendersonville. In the
early years of tourism in Haywood County, the Town of Waynesville agreed to use occupancy
tax for joint advertising because Maggie Valley had more to offer tourist than any other
municipality in the county. Ms. Pinto asked that Council investigate by contacting the planning
director in Ohio and to consider the industry that Maggie Valley has always had in place,
tourism. It is Ms. Pinto’s belief that Maggie Valley has not died. The theaters will resell to other
promoters to increase tourism. Maggie Valley is an enigma, and has been a tourist town since
1932. “There are people looking at the building to purchase.” The two businesses that Council
just approved conditional use permits have been closed longer than Carolina Nights. “A year and
a half is not that long for a business to resell.”
Alderman Matthews stated that Council cannot let a buyer walk away on the hope that someone
else will purchase the property. “We did not put anyone off while waiting for someone to come
in and open a business in the zoo.”
Ms. Pinto contended that the people want to make the decision and wait until after the business
plan is completed.
Alderman Mathews reminded the audience that the outside of the building will not change. “The
appearance ordinance is still in place.”
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
Mayor DeSimone concurred adding that the business will be invisible from the outside and as for
the residents it seems it would be easier to endure a semi-truck occasionally entering the property
as opposed to the noise and traffic that a theater would produce.
Ms. Pinto stated that the industry will not be giving money or business to the motels and
restaurants.
Alderman Matthews felt that people would not want to purchase property if the use cannot
change.
Ms. Pinto reminded Council of an incident in Haywood County where everyone was excited that
an industry was coming, but then it ended up being a mistake and was bad for the county.
Planning board member Allan Alsbrooks addressed Council stating that he has heard the same
old hens wagging their tongues for five years. “This guy is going to invest money in this town.”
Mr. Alsbrooks also reminded Council that Maggie Valley does not stop at the traffic light, that
Maggie Valley goes all the way to Charlie’s Restaurant, and that his property (Hearth and Home)
is part of Maggie Valley.
Zoning board member Marion Hamel addressed Council stating her concerns that people are
allowed to talk to the audience. It was Ms. Hamel’s belief that Council should stop this type of
behavior during public meetings. Carol Burrell was told to quit whining by Allan Alsbrooks at
the last meeting. Ms. Hamel agreed that there are a lot of businesses for sale in the valley, but
Maggie Valley does not have secondary streets, if so she would be 100% in favor of
manufacturing because Maggie Valley needs the business. “Changing the zoning ordinance is a
mistake.” Ms. Hamel had a long conversation with Mr. Hurley, a successful Maggie Valley
business man, and he stated that he opposes the manufacturing company moving into the main
commercial area.
Mayor DeSimone closed the hearing at 7 p.m.
Director Clark explained that in early October the issue came before the Zoning Board of
Adjustments, but because a 4/5 vote is required, the motion failed. Director Clark reminded
Council that the text amendment does not focus on Mr. Combs’ request for an animation/robotics
high tech industry. The amendment would apply to the entire C1 district. The text amendment
prohibits heavy manufacturing.
Mayor DeSimone concurred adding that the text amendment has been tapered to high tech
industry.
Director Clark added that Maggie Valley would be limited in attracting industry due to the lack
of rails and natural gas.
7
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
Alderman Matthews felt the only difference to the exterior of the building would be the sign
would be removed and the grass would be cut. Mayor DeSimone quoted James Carver at a
previous meeting stating that it sure is difficult opening a business in Maggie Valley. “It should
not be this hard to open a business that is going to have very little effect on surrounding
properties.”
Alderman Price informed Council that she has listened to both sides and is unsure of exactly how
she feels. “I understand that Maggie Valley needs businesses and maybe this business will not
impact the tourist industry; but I have a problem opening the doors to other manufacturing.”
Regarding the Moving Maggie Forward business plan, the process will take approximately five
months to complete. The plan is not about what the town is going to allow or disallow. “Other
municipalities would love to have a high tech industry move in. Think about Maggie Valley for
conferences or retreats, as well as second home owners.” Alderman Wight reaffirmed the
statement that people will not know the business is even there.
Alderman Matthews was not in favor of delaying a determination because Mr. Combs has
already lost one job and then staff would have to go through the advertising process again only
delaying the answer longer.
Ordinance 767
Town of Maggie Valley
High Technology Firm Text Amendment
Definition
A high technology firm, which has as its principal function light manufacturing, assembly,
fabrication or machining from processed materials. Such uses shall include but are not limited to
biological or pharmaceutical research, software technology, telecommunications, biomedical
technology, or other technology oriented or emerging industrial or business activity. Permitted
high technology industrial uses shall not include heavy manufacturing, heavy stamping
operations, any manufacturing from raw unprocessed materials or uses specifically prohibited in
additional development requirements. No outdoor storage of any finished or raw material or
good.
Additional Standards
No building or land shall be used and no building shall be erected for any of the following uses:
1. The following uses shall be considered as not meeting the minimum standards of this
Ordinance as to performance and potential negative impacts on surrounding properties:
(a)
Processing of corrosive acid, cement, lime, gypsum or plaster.
(b)
Distillation of bone, coal, tar, petroleum refuse, grain or wood.
(c)
Processing or storage of explosives.
(d)
Processing of fertilizer or storage of compost.
(e)
Processing of products from animal refuse or offal including glue, size or gelatin.
(f)
Processing using steam or board hammers or forging presses.
(g)
Tanning, curing or storage of raw, green or salted skins or hides.
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
(h)
Manufacturing of sulphurous, sulfuric, nitric, picric, carbolic, hydrochloric or other
corrosive acid, however the use of corrosive acids in connection with any permitted use is
not prohibited.
(i)
Petroleum or asphalt refining, mixing or manufacturing.
(j)
Slaughtering of animals, stock yards, livestock feeding yards.
(k)
Manufacturing or disposal, above or below ground; of nuclear or radioactive materials.
(l)
Processing of garbage, offal, dead animals, refuse, rancid fats.
2. Any use which may create unusual danger for fire, explosion, toxic or noxious matter,
radiation, or which may cause noxious, offensive, unhealthful or harmful odors, fumes, dust,
smoke, light, waste, noise or vibration.
To be added to C-1 General Businesses as a Conditional Use with Additional Standards (C-1 C*)
ALDERMAN MATTHEWS MADE A MOTION TO ADOPT ZONING ORDINANCE
TEXT AMENDMENT ORDINANCE NUMBER 767. MOTION CARRIED
UNANIMOUSLY.
6. Appearance of Craig Madison with an update on the Moving Maggie Forward project
Mr. Madison addressed the audience and Council stating that Maggie Valley’s diverse group of
business people will be moving Maggie toward a common goal. The business owners will create
an identity and develop a business plan. The group will be expected to come to an agreement on
what matrix will be used to measure success. The kick off meeting will be held on November 15
beginning at 5 p.m. Mr. Madison has been working on data since August. Mayor DeSimone has
spent a lot of time visiting the different businesses throughout the valley. Mr. Madison came to
the valley as a visitor talking with service staff, waitress and bartenders while eating in the local
restaurants. A website has been set up to see how the process is moving forward, collecting data,
blogs, and online surveys.
As previously stated the cost of the consult is $25,000 with $20.000 of the amount coming from
a grant. Mayor DeSimone stated that he was excited and felt that something really great would
come out of the valley developing a business plan.
7. Appearance of TDA Executive Director Lynn Collins to give a year end update
Ms. Collins was unable to attend due to being ill.
8. Appearance of the ABC Board to present their annual audit and give an update
ABC Board Chairman Joe Moody addressed Council introducing the ABC Board members, Paul
White, Colin Edwards, Danny Mitchel and Cabe Carver was not able to attend. Over the past
year the ABC Stores have increased inventory while decreasing expenses. The ABC Board hired
new accountants so they are now able to “compare apples to apples” between the stores. The
ABC Board is mandated not to adjust prices, but the stores rely on volume. The Maggie Valley
store is doing better than had been originally thought. Approximately .56 cents out of every $1
goes back to the state. There is a $62,000 annual payment for the new store. The Board is
beginning to look at refinancing options. There are rumors of how much the board members get
paid to sit on the board. Chairman Moody assured everyone that the members do not receive
9
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
pay, not even for expenses. Historically board members have not been paid. The stores are run as
a business. Chairman Moody explained that he and the other board members felt that Council
should receive an update on regular intervals i.e. once every quarter or every six months. The
public as well as council is welcome to attend any of the ABC Board meetings. It has been a
slow process but the ABC Board is getting the store finances under control and are hoping for a
better 2013 for Maggie Valley and Haywood County as a whole. As for discussions on closing
the Maggie Valley store, the board will continue to monitor the situation but closing the store is
off the table now due to getting the accounting straightened out. A lot depends on what
Waynesville does with their ABC store.
Mr. Moody distributed a copy of the ABC stores audit to each council member for their review.
9. Appearance of Bruce Bain in regard to snow plowing in the The Preserves subdivision
Mr. Bain explained that this is not a Bruce Bain agenda, Mr. Bain is speaking on behalf of the
Home Owners Association consisting of forty-eight homes. The vice-president of the association
is ill and could not attend the meeting tonight. The HOA received an invoice from the developer
for $3,435 plus paying taxes to Maggie Valley and Haywood County. Snow removal is a costly
thing and it is time for Maggie Valley “to step up and help with these roads”. The roads do not
meet Maggie Valley Road Standards because a deal was made with the town in June 2002
through a variance. The grades are too steep for town maintenance. The town did not take this
into consideration when annexing the subdivision. The town granted approval on the roads and
annexed the subdivision. Last winter was a mild winter so the expense for snow plowing was
$500. Mr. Bain stated that he has been speaking with Mayor DeSimone about helping with snow
and ice removal. Previously Mayor DeSimone informed Mr. Bain that the town has only one
snow plow machine and if it were damaged trying to remove snow on unsafe roads the rest of the
town’s people would be negatively impacted.
Mayor DeSimone responded that the businesses used for snow removal last year in the Preserves
was put in danger trying to plow the upper portion of the development. Mr. Bain stated that the
HOA was never informed. Mr. Bain further explained that Jim Blyth did not put in a bid because
he felt that problems would arise on how to tell where the town stops and starts with their snow
removal.
The residents are asking the town to pay 50% of the cost to snow plow. Two bids were submitted
by the HOA; Bear Creek Design, LLC and WNC Paving.
Mayor DeSimone asked how many residents are in the top portion of the development during the
winter months. Ms. Bain responded that all six homes are occupied in December for people to
ski and to spend their Christmas vacations in the mountains and then they return in March. The
people submitting bids stated that they did not have a problem doing snow removal on those
roads. In four years, there have been no occurrences.
Manager Barth explained the town would have difficulty at the top due to the severe slope/grade.
10
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
Alderman Wight stated that the roads meet town standards other than the grade, it shows good
intent that the HOA is willing to pay half of the cost.
Director Clark explained that Director Mehaffey has received permission to turn in someone’s
driveway thus being able to scrape the most densely populated area of the subdivision.
Alderman Price stated that she felt it would be opening a can of worms for the town to pay a
private contractor to do snow removal in one subdivision. There are other roads in town that the
town cannot plow due to danger for one reason or another. Alderman Wight asked Alderman
Price what expectations do homeowners have when they are brought into the town. The town did
grant a variance for the road grade.
Manager Barth explained that the annexation was a volunteer annexation and the variance was
granted on the roads not to take them over, but to allow the subdivision to be built.
Mr. Bain contended that a deal was made with Maggie Valley and the developer and Maggie
Valley paid nothing for the sewer installation. “There are a lot of angry people in the Preserves
because they feel they get nothing for their tax dollars. The town does no road repairs, no snow
removal, and very little salting. “When does this end? This is not what we were told by the
developer or the town.”
Alderman Price was opposed to sending an employee in an unsafe area.
Alderman Wight was in favor of assisting the Preserves HOA. Mayor DeSimone felt the issue
needed further discussion. The impact of such action goes beyond this one subdivision. Mr. Bain
had talked to the newly elected officials prior to them being elected into office. Mr. Bain stated
that the mayor said he would assist and was even going to approach Jim Blyth. Mayor
DeSimone stated that he may have said that he was open to discussion, but that he never made
any promises.
Alderman Wight asked about pre-salting the roads. Mr. Bain responded that the public works
department does not stop scraping at the same location. It varies, sometimes they stop at the fire
hydrant and sometimes public works goes to the switchback. Alderman Wight stated that if the
town has limited snow scraping abilities it should be stated in writing. Manager Barth responded
that it is in writing in the snow removal policy. Alderman Wight stated that the policy should
have been included in the agenda packet.
Council will discuss the issue with Public Works Director Mike Mehaffey in a workshop setting.
10. Consideration of the sewer tap fee for park model dwelling units
Aldermen Wight and Matthews toured several park model parks throughout town and the
surrounding area being served by municipal sewer. The two aldermen felt that 90% of these park
model dwellings are temporary in nature. The town is assuming the park model owners will not
obtain building permits when a bedroom is added. Mayor DeSimone explained that a two
bedroom treatment capacity is mandated by the state for all park model units.
11
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
Alderman Wight felt the town has the right not to accept the recommendation. Park models are
built to RV standards and are less than 400 square feet in size. Alderman Wight questioned if it
would make a difference leaving the wheels on the model.
Kyle Edwards addressed council stating that people put porches on the park models but they
cannot be attached to the model and the owners do purchase a building permit. In Kampin
Kountry, the people pay for sewer taps and pay taxes; but they get no garbage pick-up, nor yard
debris collection. Mr. Edwards asked that council make the decision not Mike Mehaffey. “You
direct him, he does not direct you.” Mr. Edwards stated that when he was an alderman, he told
the board then that they would not be able to provide the services they were promising. Mr.
Edwards added that someone should be sitting in the vacant alderman’s seat. “There are good
people in this valley that could fill the seat.”
Alderman Matthews read from the internet the definition of park model. The definition is a
temporary unit. Mr. Edwards stated that Roger McElroy wanted to expand the town and make it
bigger. Within twelve months of annexation, the area should receive the same services as the
rest of the town. Mr. Edwards stated that he has three streetlights in Park Model Park and that he
pays for the lights and he gets no snow removal on his 12 feet wide roads.
Alderman Matthews questioned how a park model could be considered a two bedroom unit.
Mr. Edwards agreed, adding that his friend Charles Boyd is considering putting in a park model
park on Jonathan Creek. The sewer taps could be a deterrent.
Aldermen Wight and Matthews agreed that the park models should be charged a one bedroom
impact fee. If a bedroom is added the owners would be required to purchase a building permit
and then an additional charge can be added. This would be a much fairer method than charging
two bedroom impact fees from the beginning. If someone is getting a building permit for an
additional bedroom, they must see Director Clark first and then Director Clark can issue a permit
to the county saying all fees are paid and a building permit can be obtained.
Council will conduct a workshop to further discuss their options.
Council took a brief break from 8:30 p.m. until 8:40 p.m.
11. Consideration of the Riddle Cove-Creekside Drive-Paso Fino road project
Director Clark provided Council a power point presentation going on to provide the history of
the area.
Only .10 miles of Riddle Cove Road is part of Town Street Maintenance Program (4.93 mi)
None of Creekside Drive is within the Town Street Maintenance Program
103 Town properties are accessed by this system
50 County properties are accessed by this system
12
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
3 Distinct Neighborhoods are accessed by this system: Creekside Villas, Horseshoe Cove, and
Country Club Cove Estates

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No Unified Road Maintenance Program
No Maintenance = Poor Road Health
Pavement “End of Life”
Town Staff has received numerous calls within the last year for road assistance
Town Staff has met with neighborhood activists who have varying ideas and plans on
how to address road failure
 Pot Holes
 Pavement Failure
 Ditch Failure
 Lack of Ditch Maintenance
 High Levels of Sedimentation
 The Town of Maggie Valley Board of Aldermen is very much aware of the current road
conditions of Riddle Cove Road and Creekside Drive
 The Board of Aldermen have authorized Town Staff to aid the greater community
concerning this issue; ideally drafting a formal proposal for their review
 The Board of Aldermen must approve whatever draft solution staff and the community
creates.
General Statue 160A-216 provides authority to assess properties.
 (1)
Constructing, reconstructing, paving, widening, installing curbs and
gutters, and otherwise building and improving streets;
160A-217 reads:
 (a)
A city shall have no power to levy special assessments for street or sidewalk
improvements unless it receives a petition for the improvements signed by at least a
majority in number of the owners of property to be assessed, who must represent at least
a majority of all the lineal feet of frontage of the lands abutting on the street or portion
thereof to be improved. Unless the petition specifies another percentage, not more
than fifty percent (50%) of the cost of the improvement may be assessed (not
including the cost of improvements made at street intersections).
160A-218 provides the basis for which a town may assess a property.
The number of lots served, or subject to being served, where the project involves extension of an
existing system to a residential or commercial subdivision, at an equal rate per lot; or
Staff recommends improvements from the intersection of Ivy Lane & Riddle Cove Road to the
intersection of Paso Fino Drive & Stallion Ridge




Town staff is proposing
Repair all pavement surface deficiencies
Widen road to an average of 16 feet
Improve drainage system
This would add 0.8 miles of publicly maintained road current Town System 4.93 mi
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
The assessment is as follows:
 $283,500 total cost
 $85,050 (Town Share, 30% Total Cost)
 Largest ever Town of Maggie Valley Road Expenditure
 $198,450 (Special Assessment Cost)
 103 Total Lots
 $1927 per lot commitment $642 (3yr) $385 (5yr)
Issues with assessments:
 Can only be applied to Publicly Maintained Roads
 All roads being discussed are Privately Maintained Roads
 Town of Maggie Valley need these to be dedicated to the Town in order to take
improvement actions
 Town of Maggie Valley can only accept roads if there is a guarantee from the property
owners
 The guarantee the Town is requiring commitment to the Special Assessment
 Commitment Forms will be available after the meeting
Conclusion:
 16 of the 25 property owners in attendance of the October 8, 2012 Neighborhood
Meeting believed the Staff Recommended Option was the best option to pursue
 If Board approves the matching funds Dedication & Assessment vote letters will be
mailed to all affected property owners shortly after tonight’s meeting
 If a majority of affected property owners sign “yes” to dedication/assessment road
improvements could be completed as early by May 2013
The process will take some work with the assistance of Attorney Dickson.
ALDERMAN WIGHT MADE A MOTION TO COMMIT TO FUND THE PROJECT
30% SHOULD THE NECESSARY APPROVAL AND DOCUMENTATION BE
OBTAINED. MOTION CARRIED UNANIMOUSLY.
12. Consideration of certain date changes for already approved 2013 events at the Festival
Grounds
The first is the WNC Barbecue Festival which wants to change its dates from a Saturday/Sunday
Festival to a Friday/ Saturday Festival. So the dates would change from Saturday July 27 and
Sunday July 28 to Friday July 26 and Saturday July 27.
The second Event with a date change is The Smoky Mountain Oktoberfest. Originally this was
scheduled for September 21 as a one day event. The date change is from Saturday September 21
to Friday October 4 and Saturday October 5.
The third event is the 4th Annual Popcorn Sutton Jam. Originally it was scheduled for two
weekends, however, the promoters met and are only going to focus on one weekend. It is
14
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
expected that they will drop their hold on the August 9-11 weekend, but that will be confirmed
before a release is made.
The PRFAC Committee recommended approving the date changes.
ALDERMAN MATTHEWS MADE A MOTION TO APPROVE THE DATE CHANGES
AS PRESENTED. MOTION CARRIED UNANIMOUSLY.
13. Consideration of three events for the Festival Grounds in 2013:
Thunder in the Smokies Spring Rally; May 3-5, 2013
Thunder in the Smokies Fall Rally; September 13-15, 2013 - Carolina Harley Davidson
Dealers Association Rally in the Valley; Sept. 13-14, 2013
The PRFAC approved the events and approved the Carolina Harley event but not the date
requested.
ALDERMAN WIGHT MADE A MOTION TO APPROVE THE THUNDER IN THE
SMOKIES FALL AND SPRING RALLIES AND TO WORK WITH CAROLINA
DEALERS ASSOCIATION TO FIND ANOTHER DATE FOR THEIR RALLY.
MOTION CARRIED UNANIMOUSLY.
14. Update on the gates and capacity at the Festival Grounds
After meeting with the Haywood County Fire Marshall, it was determined that the festival
grounds has adequate gates but he did suggest upgrading two or three gates to sliding gates. The
cost to modify three gates is $2,406.
ALDERMAN MATTHEWS MADE A MOTION TO APPROVE THE UPGRADING OF
THREE GATES. MOTION CARRIED UNANIMOUSLY.
15. Consideration of a donation to the MV Lodging Association Turkey Drive
ALDERMAN PRICE MADE A MOTION TO DONATE $500 TO THE TURKEY DRIVE
THE SAME AS LAST YEAR. Alderman Price complimented the Lodging Association for
their efforts in providing a Thanksgiving meal to so many families. MOTION CARRIED
UNANIMOUSLY.
16. Consideration of a donation to the Jonathan Valley School to assist in their annual 5th
graders Washington D.C. trip
Alderman Matthews reported that there are three kids that are not going to be able to go to
Washington due to cost. This would be an opportunity to help kids in our area. It cost
approximately $550 per child to go on the trip.
ALDERMAN MATTHEWS MADE A MOTION TO DONATE $1,000. MOTION
CARRIED UNANIMOUSLY.
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
17. Consideration of a donation to KARE (Kids Advocacy Resource Effort)
Alderman Price is a member of the KARE Board of Directors. The program does a lot for kids in
Haywood County.
ALDERMAN PRICE MADE A MOTION TO DONATE $500 NOT INCLUDING THE
POLICE DEPARTMENT’S DONATION. MOTION CARRIED UNANIMOUSLY.
18. Budget Amendments
Ordinance No. 768 – This budget amendment transfers funds to the Festival Fund to provide the
funding for the Festival Director being retained full time. The funding for each of the line items
that are affected is shown on this amendment.
ALDERMAN PRICE MADE A MOTION TO APPROVE ORDINANCE NUMBER 768.
MOTION CARRIED UNANIMOUSLY.
Ordinance No. 769 – This budget amendment transfers the funds from the General Fund to the
Festival Fund. Most of the additional funding needed to have this position full time was able to
come from within the Festival Fund budget, however, $9,567 additional was needed to fully fund
the position through the end of the fiscal year.
ALDERMAN WIGHT MADE A MOTION TO APPROVE ORDINANCE NUMBER 769.
MOTION CARRIED UNANIMOUSLY.
19. Manager’s Report.
The Region A meeting will be held November 26, 2012 at 6:30 p.m. in Cherokee.
The pavilion at Parham Park will be completed by Thanksgiving.
Alderman Wight asked that porta-potties be put at the festival grounds during the Christmas
Parade because the festival grounds restrooms have already been winterized. The restrooms
should be locked when winterized.
The Haywood County Soil and Water Conservation provided the plans for the plantings on the
bank leading down to Jonathan Creek at Parham Park. These plants will maintain the bank and
keep the area from eroding.
The kick off for the Moving Maggie Forward business plan will be held November 15, 2012
beginning at 5 p.m. with refreshments.
The PRFAC would like to meet with the Board of Aldermen to discuss the festival grounds, the
Red, White and Boom 4th of July celebration, and fee guidelines for the festival grounds moving
forward.
Mayor DeSimone asked that Council not agree to accept rental application for the festival
grounds for 2014 until after the Moving Maggie Forward business plan is complete.
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Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES
A workshop was scheduled for Tuesday November 27, 2012 at 9 a.m. to discuss park model
impact fees and to conduct a workshop with the PRFAC.
20. Other Business.
No other business was discussed.
ALDERMAN WIGHT MADE A MOTION TO ENTER CLOSED SESSION ON A
LEGAL MATTER INVOLVING ATTORNEY CLIENT PRIVILEGES AT 9:23 P.M.
MOTION CARRIED UNANIMOUSLY.
21. Meeting Adjourned.
ALDERMAN WIGHT MADE A MOTION TO COME OUT OF CLOSED SESSION AND
TO ADJOURN AT 9:47 P.M. MOTION CARRIED UNANIMOUSLY.
_______________________________
Mayor Ron DeSimone
______________________________
Vickie Best, CMC, Town Clerk
17
Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
November 13, 2012
MINUTES