Attachment 4 April 9, 2013 Board of Aldermen . Web view · 2017-02-13Members Present:Mayor Ron DeSimone, Aldermen: Phillip Wight, Michael Matthews, and Saralyn Price. Staff Present:Manager

1Town of Maggie Valley

Regularly Scheduled Board of Aldermen MeetingApril 9, 2013

MINUTESMembers Present: Mayor Ron DeSimone, Aldermen: Phillip Wight, Michael Matthews, and

Saralyn PriceStaff Present: Manager Tim Barth, Attorney Chuck Dickson, Public Works Director

Mike Mehaffey, Officers Russ Gilliland, and Josh Schick and Town Clerk Vickie Best

Others Present: Approximately 40 people

1. Meeting Called to Order.Mayor DeSimone called the meeting to order at 6:01 p.m. in the Town Hall Boardroom on April 9, 2013. Mayor DeSimone informed Council that the agenda was going to rearranged to accommodate visitors here tonight.

2. Consent Agenda a. Ad Valorem Tax Recap.b. Correction and Approval of the Minutes for the:

February 25, 2013 meeting;February 28, 2013 meetingFebruary 28, 2013 budget workshop.

Alderman Price asked that the minutes of February 28, 2013, page 2, be corrected to readAlderman Price felt the town needed an enhanced website. Director Hager had contact Tim Hyatt, an IT person, who has offered to maintain the website for $100 per month.

Alderman Matthews had concerns about the motion he made on the 2% occupancy tax increase. After further review it was determined that Alderman Matthews made a motion in the affirmative on March 12, 2013, rather than February 28, 2013.

ALDERMAN MATTHEWS MADE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY.

3. Public Comment.Public comment was postponed until later in the meeting. See Agenda item number eight (8).

4. a. Public Hearing on Annexation of Jack and Gayle Mutchnik, 1589 Country Club Drive, Parcel #7697-50-1669, (0.67 acres). b. Consideration of Ordinance No. 776 to annex Jack and Gayle Mutchnik, 1589 Country Club Drive, Parcel #7697-50-1669, (0.67 acres) Mayor DeSimone opened the public hearing at 6:18 p.m. Without comment from the floor, Mayor DeSimone closed the hearing at 6:18 p.m.

This is a volunteer annexation and is adjacent to the corporate limits. The parcel has a failing septic system.

ALDERMAN PRICE MADE A MOTION TO ADOPT ORDINANCE 776 ANNEXING THE PROPERTY. MOTION CARRIED UNANIMOUSLY.

5. Presentation by Jean Paris called “Drugs in the Midst”



MINUTESJean Paris along with Waynesville Police Chief Bill Hollingsed, Jeff Haynes, Ellen Pitts with MMADD, John Chapman, and Peggy Phillips have all been involved in the “Drugs in our Midst” program to educate people on the prescription drug epidemic in Haywood County.

Ms. Paris invited everyone to attend the “Drugs in our Midst” at the Haywood Community college on April 16, 2013. The motto is “See and Tell”. Every corner of Haywood County has drug problems. The “Drugs in our Midst” is directed toward leaders in our community. If you see someone or something that does not seem quite right, call the police or Sheriff’s Department. There have been 18 months of programs. Prescription drugs are a serious epidemic in Haywood County. As leaders, we want everyone to step up to the plate, and support the program and our law enforcement officers. WLOS, Smoky Mountain News, and the Mountaineer newspaper have done excellent articles on the prescription drug epidemic.

Waynesville Police Chief Hollingsed emphasized the need to educate all ages. One (1) out of four (4) overdose victims is from prescription drugs. In the first quarter of 2013 that number was one (1) in three (3) deaths were due to prescription drugs. In North Carolina at least four (4) people die daily from prescription overdose. Last week in Haywood County three (3) people died in one day because of drug overdose on prescription pills. This is a situation where it is going to take education, not arrests to deter this problem. Five (5) bills are setting in Raleigh on legislators’ desks trying to assist Haywood County to overcome and expedite control issues. Chief Hollingsed will testify before the senate in a few weeks. All of the municipalities, as well as the county, have done resolutions of support for these bills. Chief Hollingsed asked that Maggie Valley support this endeavor.

Mark Meese again emphasized the severity of drug overdoses from prescription drugs in Haywood County. Communication is the key elements in helping local law enforcement combat this drug epidemic. All agencies throughout Haywood County are working together to enhance the relationship between departments and citizens. “Communication and education is the key to this process.”

Mayor DeSimone stated that he had spent some time while in Raleigh with Chief Hollingsed and Chief Whitner advancing those bills.

6. Appearance by Stephanie Smathers, regarding Relay for Life Ms. Smathers thanked Council for the use of the festival grounds going on to ask for a donation similar to last year.

ALDERMAN PRICE MADE A MOTION TO APPROVE A DONATION TO RELAY FOR LIFE FOR $300. MOTION CARRIED UNANIMOUSLY.

7. Appearance by Lynda Bennett to ask that the Town take over road maintenance for roads in the Katuah Falls Subdivision Ms. Bennett addressed Council explaining that this is the second request for the Town to take over maintenance of the roads in Katua Falls. The roads were built to town standards, and approved by the town. At the time of the first request was made on August 16, 2011 an amendment was made to clarify the road standards policy.

Excerpt from August 16, 2011 Board of Aldermen minutes



MINUTESOn Page 2 of the policy under the heading “REQUIREMENTS FOR ADDITION TO THE CITY SYSTEM” provision 4 states:Development must be 75% complete. Roads not meeting percent must include a $500.00 entry fee per lot fronting subdivision road.”

The recommendation is to change it to state:Development must be 75% complete. This means that 75% of the lots must have houses built and completed on them. The Town will inspect all roads after development is 75% complete. Any deficiencies found in the road at that time, will be the responsibility of the developer/property owners association to fix prior to being accepted by the Town.

Ms. Bennett stated that the roads are stable. Katua Falls was contiguous to the town limits and did not require satellite annexation.

The road policy affects all development, when there is an uncertainty about the road maintenance; people feel that building a home in the area is not a good investment. Ms. Bennett asked that Council consider taking in the Katua Falls Roads during the budget process.

There are two homes built in the subdivision.

The development must be 75% built-out.

Ms. Bennett contended that the stated 75% is not clear and does not have a definition anywhere in the road standards document. As for the word developed, developers look at that as 75% of the infrastructure, not homes constructed. The town cannot find when the road standards policy was adopted. The rules and regulations of the road standards have not been applied fairly over the years. Ms. Bennett asked that she be included in any conversations pertaining to the road standards. “How did the homes built be included in a road standard document?”

Council will discuss the issue on April 30, 2013. Mayor DeSimone is well aware of the road standards and the need for some changes due to his involvement in the town taking over maintenance of the Brannon Forest Subdivision roads.

8. Request to reconsider vote on TDA 2% tax increase Alderman Matthews stated that he wanted to retract his affirmative vote made on March 12, 2013 in favor of the 2% occupancy tax increase based on the proposed bill that was handed to him that night. The bill he voted for was not the bill that was sent to Raleigh. There were several items that were changed such as the six (6) year sunset clause and the make-up of the Product Development Committee members. “The bill changed the next day! The sunset clause was removed and the make-up of the Product Development Committee went from eleven (11) to fifteen (15) members.”

As noted in the March 12, 2013 minutes, Mayor DeSimone was going to allow Alderman Price’s motion to remain in place and the members take action on that motion. Alderman Matthews was uncomfortable using Alderman Price’s motion because this was a totally different bill, than what Alderman Price’s motion was on. Therefore, Alderman Matthews made a new motion, stating specifically, that his affirmative vote was on the draft bill presented to him tonight (3/12/13).



MINUTESAlderman Matthews went on to say that two days later a letter was sent stating that Maggie Valley had come to a consensus regarding the 2% occupancy tax. See Attachment 1

ALDERMAN MATTHEWS MADE A MOTION TO NOT SUPPORT THE 2% OCCUPANCY TAX INCREASE.

Alderman Wight questioned Mayor DeSimone’s integrity and authority. Alderman Wight felt that Mayor DeSimone did not have the authority to sign a letter on town letterhead, on behalf of the Town, when there was not a consensus. The (attached) letter was never given to the Maggie Valley Board of Aldermen prior to Mayor DeSimone signing the letter, and sending it to Senator Jim Davis, on behalf of Maggie Valley, Haywood County and her municipalities.

Alderman Matthews felt the letter was a lie from the beginning. “There was no way what I said at the 3/12/13 meeting could have been misinterpreted.”

There was a brief discussion on what rights the position of mayor has and what rights the council has to use town letterhead.

Alderman Matthews questioned Mayor DeSimone’s ethics. “I don’t understand how you could write that letter, when you knew without a doubt, that it would not fly with me, or a majority of the people at the meeting that night (3/12/13).”

Alderman Matthews begin to question Mayor DeSimone about the letters that he and Jim Blyth delivered to Senator Davis during Town Hall Day in Raleigh. Alderman Matthews stated that citizens have made the request to see copies of the letters and were denied or told they could look at the letters, but not have a copy of the letters.

Mayor DeSimone explained that the letters were addressed to Jim Davis and he did not have any copies. “Senator Jim Davis has those letters.” The letters were from business owners in support of the 2% occupancy tax increase.

Going back to the letter sent to Senator Davis by Mayor DeSimone (attachment 1), Alderman Matthews questioned Mayor DeSimone about negotiating with the county and the surrounding municipalities without the Maggie Valley Board of Aldermen’s knowledge. “The letter was a bold face lie. There needs to be a consensus among the Maggie Valley Board before going into negotiations with others on Maggie Valley’s behalf.”

Mayor DeSimone responded that a bill is not static.

Alderman Matthews felt the bill would have been static if Mayor DeSimone had not gone behind Council’s back and changed things. Alderman Matthews was adamant that Mayor DeSimone knew that he would not be in favor of the bill, “because it is not what I voted on”.

MOTION DIED FROM THE LACK OF A SECOND

Public Comment was opened at 6:42 p.m.



MINUTESAlderman Wight read a prepared statement in response to Mayor DeSimone’s letter to Senator Davis. See Attachment 2.

Allan Alsbrooks, Owner of Hearth and Home Inn, addressed the letter dated March 26, 2013 (attachment 1) to Senator Davis. “Speaking as the vocal minority, and not being represented by my mayor, I am very offended right now. The only thing that would make me happy is for you to resign, right now.” Mr. Alsbrooks felt Mayor DeSimone did not have the authority to go against two town aldermen that represents 70% of the lodging owners. “We don’t want the tax. We don’t want Haywood County getting their hands on the money. We don’t want TDA getting their hands on the money. We want it for Maggie Valley!”

James Carver, Owner of Maggie Valley Restaurant addressed Council and the audience stating that he (Allan Alsbrooks) does not have the authority to ask the mayor to resign. Mr. Carver stated that he speaks like he has authority. “He is new to this valley. It is not Maggie Valley’s TDA, it is Haywood County’s TDA.”

Mayor DeSimone thanked Mr. Carver for his statement, but felt Mr. Alsbrooks has the right to ask anything he wants.

Dan Massey, addressed Council stating that he is not a lodging owner; and if he were a lodging owner, he would not want to carry the whole burden. To be fair, Mr. Massey felt that increasing the sales tax is the way to go. “The stores, entertainment[facilities], restaurants, we all should pay for the tourists coming in. I’m getting ready to open a store and would love to tack on a half cent or one cent. Have it set up where no one can get their hands on the money, but Maggie Valley. The 1% TDA Board should be the ones to dispense the money, not the town board. The town board changes too much. They like to spend money a lot of times, when they shouldn’t.”

Jonnie Cure’, a resident of Waynesville, who would not be contributing to the occupancy tax, but as a property owner, “I would be paying for the maintenance and upkeep of these capital projects”. Ms. Cure’ informed Council that she received this letter (attachment 1) via Waynesville Mayor Galvin Brown’s office. “Did you write this letter?”

Mayor DeSimone responded that it was a consensus, and he was unsure who wrote the letter.

Ms. Cure’ then asked if Mayor DeSimone read the letter before signing it.

Mayor DeSimone responded that he did read the letter, he did sign the letter, and he agreed with the letter.

Ms. Cure’ questioned how Mayor DeSimone could think that this would not place a burden on the tax payers. “A sports complex built on County property, who is going to maintain that?”

Mayor DeSimone responded that a third party could be sought out to maintain the complex, “Similar to the Festival grounds, where we don’t fund the festivals, we provide the facility”.

Ms. Cure’ then asked who met to decide these things, if it was a meeting, and if it was open to the public?



MINUTESThere was not an official meeting; Mayor DeSimone met with one county commissioner and an official from another municipality.

Alderman Price asked Ms. Cure’ if she had rather build the capital improvements with property tax dollars and then maintain the complex with tax payers’ dollars?

Ms. Cure’ stated that she does not want the sports complex. “I don’t want to pay for, or I don’t want to maintain it.” Referring back to attachment 1, the letter to Senator Davis where it states small yet extremely vocal group of citizens have expressed concerns, “How do you define small?”

Mayor DeSimone responded that no one has yet to produce a list of people opposing the occupancy tax. Alderman Matthews countered that there was a list and a lot of people at the meeting held at the Republican Headquarters opposing the occupancy tax increase. Alderman Wight added that three (3) out of forty-four (44) raised their hands in favor of the tax.

Mayor DeSimone explained that he saw no list and the meeting was only held for people opposing the 2% occupancy tax increase. “They were supposed to be getting a petition together. I have not seen that list and it is my understanding that Senator Davis has not seen a list of lodging owners opposing.”

Ms. Cure’ went on to question Mayor DeSimone about the statement in the letter about “The majority of these concerns have not been based on facts, but rather unfounded opinions, misinformation, and ideologies. Many of those who had voiced the strongest opposition will not collect or pay into the tax.” Ms. Cure’ contended that the “unattended consequences of this tax will affect every single person living in Haywood County”.

That point has not been ascertained yet.

Ms. Cure’ then questioned Mayor DeSimone on all the meetings and telephone calls that he was involved in regarding the 2% tax with other county and municipal leaders, “Have you had a meeting with your board?” (Maggie Valley Board of Aldermen)

Mayor DeSimone responded no. Ms. Cure’ proceeded to question Alderman Wight on if he felt left out.

Referring back to the letter (attachment 1) Ms. Cure’ stated that the board be expanded from 11 to 15 members by making the currently proposed Ex-officio members full voting members. “These are going to be county employees suddenly having the power to say how tax dollars are spent. How would four (4) additional voting members help Maggie Valley?”

Maggie Valley would still have five members; the Product Development Committee is to be weighted to where the most occupancy tax is collected.

Ms. Cure’ addressed the sunset clause being removed. “That means this is a forever tax.”

Alderman Wight wanted the sunset clause because if it turns out to be a bad idea, then it will go away. “If it turns out to be a good idea, then the bill would continue anyway.”



MINUTESMs. Cure’ was upset that Mayor DeSimone would dare to apologize for the small minority of people. Ms. Cure’ stated that she was offended and it is an insult to all of Haywood County. Ms. Cure’ pointed out to Alderman Price that Mayor DeSimone sent the letter on her behalf, as well as the rest of the Board of Aldermen.

Alderman Price felt that it was only Mayor DeSimone’s signature on the letter. Alderman Price also felt that if Ms. Cure’ has a problem with her taxes she should be talking to the county. “This is a Maggie issue.”

Alderman Wight informed Ms. Cure’ that she was welcome in Maggie any time.

Ms. Cure’ ended her presentation reiterating that this is one of the most offensive letters she has ever seen a mayor write. “Right now, no one will admit who wrote the letter. You can’t find out who wrote it. I don’t blame them. I would not admit to it, if I had written it.”

Mike Seifert, owner of Alamo Motel and Cottages addressed Council explaining that he just wanted to go over some points that he brought out to Senator Davis regarding the 2% tax.

If implemented, Maggie Valley will be one of the highest in Western North Carolina, other than Avery County and Watauga County at 6%. Jackson County was approved for up to 6%, but as of right now, the tax increase is on hold. Swain County has dropped from 4% to 3%. Mr. Seifert informed Council how Bryson City and the Town of Dillsboro have given the Great Smoky Mountain Railroad $1.4 million from funds they currently have on hand. If Haywood County goes up to 6% in occupancy tax approximately $450,000 will be collected annually. As stated in the Mountaineer, the sports complexes in Canton and on Jonathan Creek are the only capital projects ready to go now. Mr. Seifert went on to say that according to HCTDA Director Lynn Collins and Canton Town Manager Al Matthews, we stand to gain 1000 room nights per year from the ball fields. At $70 per room, per night, that comes out to $70,000 per year. Haywood County is spending $4.5 million to bring in $70,000. Mr. Seifert added that Haywood County has the highest property taxes in Western North Carolina. Haywood County also has the highest sales tax in the mountains. “More taxes are not the answer. The tourist industry is not an unlimited pot of money. Tourists are on a budget too.”

As for the HCTDA 3% that brings in $675,000 per year, Mr. Seifert stated that he and Dale Walksler have requested to review the HCTDA budget, but as of yet not received a copy. “You can go on the website and see how the money is collected, but cannot find how the money is spent.”

The Town of Maggie Valley decreased the taxes by 6% last year. Mr. Seifert reminded Mayor DeSimone, by a quote from the minutes, that he had stated that during extreme economic times extreme measures need to be taken and the town employees need to figure out how to provide services without raising taxes. ‘The same standards should apply to the county.” Mr. Seifert went on to suggest that a small part of the existing funds need to be used for capital projects.

James Carver, a Board member of the HCTDA, informed the audience that they can attend any of the TDA monthly meetings and get their questions answered. As for taxes, Mr. Carver stated that if people paid their taxes, the county would be in better shape.



MINUTESJassay Ketchum, a Maggie Valley taxpayer stated that part of his job required him to stay in motels almost nightly. “You get a room for $75 and then when you pay the bill, the room ends up costing $90. This will cause you to lose tourists. The taxes are outrageous all over the country. Many of the people that come here are on fixed incomes. If the people leave (Maggie Valley) what else have you got?”

Karen Hession addressed Mayor DeSimone stating that she supported him during the election and made phone calls on his behalf. Ms. Hession thought that Ron DeSimone would make a good mayor and would listen to the business owners. “The business community is the life blood of the valley.” Ms. Hession stated that she has received many calls from people, other than Lodging Association members, opposing the tax increase. Regarding the letter sent to Senator Davis (attachment 1) Ms. Hession went on to say that she had questioned the mayor on his having the permission from the rest of the Board of Aldermen to write such a letter on the town’s behalf. Alderman Matthews has rescinded his vote to support the 2% occupancy tax increase, while Alderman Wight has always opposed the tax increase. Ms. Hession read an excerpt from the letter stating that this would not be a burden on the citizens. Ms. Hession asked for a study or facts showing that the tax will not create a burden on the citizens.

Mayor DeSimone responded that he visited almost every hotel in the valley and was able to get letters approving the occupancy tax increase. Approximately 64% of the lodging owners are in favor of the 2%.

Ms. Hession responded that she represents forty-two (42) businesses in Maggie Valley, as well as had other people want to join as associate members, because they are against the 2% tax increase.

Alderman Matthews questioned Mayor DeSimone on what he said to these people to get their support.

Mayor DeSimone responded that he did not go out to sell the concept.

Alderman Matthews felt that Mayor DeSimone told people that Maggie Valley would not get an ice skating rink if the 2% tax increase was not approved. Alderman Matthews further questioned if Jim Blyth had a prewritten letter for the lodging owners to sign supporting the tax.

Mayor DeSimone did not have a prewritten letter, but Jim Blyth possibly did.

Again referring to the letter sent to Senator Davis stating the small yet extremely vocal group of citizens, Ms. Hession reminded Mayor DeSimone that during the election that group was not that small. “The lodging members supported Mayor DeSimone getting elected. We are a lot more than seven lodging owners.”

There are 1440 rooms in Maggie Valley.

As for borrowing money against this 2% for capital improvements, where is the study and the facts that prove this will not be a burden to Haywood County taxpayers? Ms. Hession went on to ask who among us has unfounded opinions, misinformation, ideologies? “Are you calling us idiots? We put you in office to make things better, now it seems you are doing the opposite.”



MINUTES

Mayor DeSimone stated that he did not imply that anyone was an idiot.

Charlie Meadows, owner of Sweetbriar Motel, asked Mayor DeSimone if he was present during any of the meetings that Jim Blyth had with lodging owners. Mayor DeSimone responded, “Some of them”. See Attachment 3.

When questioned, Mayor DeSimone had told people that the money (2%) would come back to Maggie Valley. Mayor DeSimone did not inform people of what the money was used for only that the 2% funding could be used for the ice skating rink, trollies, etc. As for Mr. Blyth having a prewritten letter to provide to the lodging owners, Mayor DeSimone stated that he was not sure what Mr. Blyth had during those meetings.

Mr. Meadows went on to inform Mayor DeSimone that he too (Mayor DeSimone) had on several occasions said that the business owners would be the ones to lose, if the 2% did not go through. Mr. Meadows felt Mayor DeSimone was pushing “way to hard”. Mr. Meadows asked Alderman Price if she would be upset about a letter representing her, if she were against the action. As for the minority, Mr. Meadows suggested Alderman Price try to get them on her side before the election.

Alderman Price responded that she is in favor of the 2%, “if it were something I was against, yes, I would be offended”. “I would also want to know if he wrote it for himself or on the behalf of the board. If I sign my name to something it would be from me.” Mr. Meadows and Aldermen Wight and Matthews disagreed, if the letter was written on town letterhead it represents the entire board.

Collin Edwards, a previous alderman, addressed Council stating that while on the Board of Aldermen he helped with the Jonathan Creek Sports Complex master plan. Mr. Edwards is and always has been in favor of the Jonathan Creek Sports Complex. Mr. Edwards stated that he did not know why this 2% occupancy tax issue could not be put on a ballot for the county residents to vote on. There is more to the Jonathan Creek Sports Complex than ball fields; there are walking trails, handicap fishing, and soccer fields. “This will be good for the residents as well as the visitors.” Mr Edwards stated that he applauded Mayor DeSimone sending the letter and did not feel he should resign. “It is the same group of people complaining.”

Tammy Wight, owner of Clarketon Motel, started her presentation stating that she now has a lot more to say than the presentation she prepared. Ms. Wight stated that she does not think that the tourist dollars are benefiting us (the lodging owners) by helping the residents. As for the ball fields, the math does not add up. This (2%) money would not be a drop in the bucket to pay for the ball fields. As for Jonnie Cure’ being attacked for being here, when the mayor signed his name on behalf of Haywood County and her towns, he opened it up to all of Haywood County. See Attachment 4.

There is no documentation of Council minutes and/or the county or surrounding municipalities giving Mayor DeSimone to speak on their behalf regarding the 2%.

Alderman Wight stated that he understood what Mr. Edwards was saying and felt this issue should be put on a ballot.



MINUTESMr. Edwards felt that the sports complex would help the children of the county, because the public does get to use the facility.

Mayor DeSimone stated that he did not go out to sell the tax increase. “It has nothing to do with me. You all can play tug-of-war forever. It does not have anything to do with me.”

During the initial study on the Moving Maggie Forward plan, Mayor DeSimone and Mr. Madison did talk to most all of the business owners. “There are a lot of good ideas on how to increase tourism.”

Mayor DeSimone stated that he did hear an overwhelming amount of support for the 2% occupancy tax increase (64% of 1414 rooms).

Alderman Wight added that Mayor DeSimone only had support of seven (7) businesses. Mayor DeSimone was unsure of the number of businesses in support.

Mayor DeSimone suggested the people opposing, go talk with Senator Davis, that he merely took what Maggie Valley people gave him. “It has nothing to do with me personally. If any of you think I was disingenuous. I went out to the best of my interest to get the majority. I did not shape that opinion.”

Mayor DeSimone stated that he has not seen nor to his understanding has Senator Davis seen any other documentation represented by the majority, by any other measure. Mayor DeSimone was acting on the majority, based on the people he was representing. He would have been questioned if he had not passed on the information to Senator Davis based on having 64% of 1414 rooms. “I thought it was relevant.” As for representing Maggie Valley as a whole, Mayor DeSimone stated that he does represent Maggie Valley, he does not represent one group, or another.

Alderman Matthews responded that on the first vote he opposed the occupancy tax increase. At the second vote, Alderman Matthews tried to come to a compromise. “I wanted the sunset clause. The bill that Mayor DeSimone handed Alderman Matthews the night of the meeting was totally changed.

During the break at the March meeting Alderman Matthews talked with several lodging owners about the bill he was given that night. “My concerns were addressed in the new draft, but the next day it changed.”

Alderman Matthews asked Mayor DeSimone “Did you write the letter on behalf of the town? Alderman Matthews went on to quote from the letter on behalf of Haywood County and her towns were in consensus. “Ron you knew we did not have a consensus.” Alderman Matthews was against not having a sunset clause and expanding the membership of the Product Development Authority. “Everyone sitting here tonight, you have told a lie too. You mislead everyone in the room, including me and even Saralyn (Alderman Price). Once you got us on board, you struck it all out. You said that the meat of the bill will not change. Everything important to us changed.”



MINUTESMayor DeSimone responded that the bill at the General Assembly is the same. Alderman Matthews disagreed, adding that he hopes it (the bill) fails approval.

Alderman Matthews felt that Mayor DeSimone did in fact coerced people with the prewritten letter, and telling those folks that the ice skating rink, trolley, etc. would not happen without the 2% funding.

Mayor DeSimone responded that the Product Development Committee would be the ones choosing the projects, be it ball parks, skating rinks, etc.

ALDERMAN WIGHT MADE A MOTION THAT THE BOARD OF ALDERMEN IS SPLIT ON THIS ISSUE TWO TO TWO AND THAT A LETTER BE SENT TO SENATOR DAVIS STATING SO. MOTION CARRIED.

Alderman Matthews said he would like the letter written and signed by all council members and put in an envelope, sealed and mailed tonight so that he would know what letter was mailed. 9. Consideration of an appointment to the ABC Board The two applicants for the position are Cabe Carver, the member that has the expiring term, and Brad Pendley, the son of the late Austin Pendley, Chairman of the ABC Board for many years.

The current setting members have not made a recommendation other than Alderman Wight speaking with Mr. Mitchel and being informed that he was happy with Mr. Carver being re-appointed.

Alderman Wight added that Mr. Pendley provided an excellent interview, but agreed that the ABC Board seems to be running well now, and both stores are picking up business and inventory.

ALDERMAN PRICE MADE A MOTION TO RE-APPOINT CABE CARVER. MOTION CARRIED UNANIMOUSLY.

10. Budget amendments Ordinance 773

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:

Festival Fund – TDA 1% Funding Increase

Description Previous (Decrease) Amended Revenues 1% TDA Funding $33,307 $9,000 $42,307



MINUTES 06-00-3270 Appropriations Capital Outlay Land $ 7,429 $ 6,500 $13,929 Improvements 06-61-4593 M & R Building $2,000 $2,500 $4,500 06-61-4351Alderman Wight stated that he approved the sound proofing of the stage but was not in favor of the Wi-Fi and the affects that the Wi-Fi has on the surrounding motels.

This budget amendment recognizes the revenue from TDA funds that are being reimbursed to the Town for installing Wi-Fi and doing the soundproofing on the stage.

ALDERMAN WIGHT MADE A MOTION TO APPROVE ORDINANCE 773. MOTION CARRIED UNANIMOUSLY.

Ordinance 774


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 – Winter Wonderland Increase

Description Previous (Decrease) Amended Revenues 2011 Ad Valorem $26,380 $9,500 $35,880 Tax 05-00-3220 1% TDA Funding 05-00-3270 $ 0 $9,500 $9,500 Appropriations Winter Wonderland $ 0 $ 4,625 $4,625 Lighting 05-42-4615 Capital Outlay Winter Lighting 05-42-4613 $ 0 $14,375 $14,375ALDERMAN MATTHEWS MADE A MOTION TO APPROVE ORDINANCE 774 AS PRESENTED. MOTION CARRIED UNANIMOUSLY.

Ordinance 775




MINUTESBe 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 – Lawsuit Payout Increase

Description Previous (Decrease) Amended Revenues 2011 Ad Valorem $35,880 $10,000 $45,880 Tax 05-00-3220 Appropriations Miscellaneous Expense $ 6,280 $10,000 $16,280 05-40-4499

This budget amendment recognizes the additional funds that are needed for the settlement on the mediation of a recent lawsuit.

ALDERMAN PRICE MADE A MOTION TO APPROVE ORDINANCE 775. MOTION CARRIED UNANIMOUSLY. 11. Statement from Alderman Phillip Wight.See attachment 5

12. Manager’s Report.All minutes through December 2012 have been microfiched through the North Carolina State Archives.

The Council of Government meeting will be held April 29, 2013 at 6 p.m.

There will be a joint Planning Board/ Board of Aldermen meeting held April 30, 2013 to discuss road standards and the conditional use permit process.

13. Other Business.None

14. Meeting Adjourned.ALDERMAN PRICE MADE A MOTION TO ADJOURN THE MEETING AT 7:41 P.M.MOTION CARRIED UNANIMOUSLY.



MINUTESATTACHMENT 1 MAYOR DESIMONE’S LETTER TO SENATOR JIM DAVIS

Town of Maggie Valley

3987 Soco Road

Maggie Valley, North Carolina 28751

March 26, 2013 ORIGINAL I

Senator Jim Davis16 W. Jones Street Room 2111Raleigh, NC 27601-2808 Dear Senator Davis:On behalf of Haywood County and her Towns Canton, Clyde, Maggie Valley and Waynesville we would like to express our deepest gratitude for your considering our economic development needs through S.B . 318. As was presented to you early on there has been a consensus of all governmental entities that an additional 2% occupancy tax to be used for tourism related capital projects was an outstanding idea . The tax would be paid by those utilizing the service and not be a burden on our Citizens. We realize that a small yet extremely vocal group of citizens have expressed concerns. The majority of these concerns have not been based on facts but rather unfounded opinions, misinformation, and ideologies. Many of those who had voiced the strongest opposition will not collect or pay into the tax .

Subsequent to your conversation with Chairman Swanger and Commissioner Ensley there have been numerous telephone conversations, correspondence, discussions, and meetings. We have reached a consensus of what we believe would best serve the County as a whole . The concept embraces equity while giving due consideration to those who collect the occupancy tax for the County. We will list the points below that we feel would provide a workable bill that insures a reasonable review and distribution process for these much needed capital improvement funds.

We respectfully request that the following items be considered for amendment:

Page lline 27-29We would respectfully request that the definition of net proceeds follow the Bill Drafting's Guidelines for Occupancy Tax Legislation distributed to the County by the NC General Assembly Research Division. This would not affect the net proceeds for administration (line 26).

Page 2 lines 1-9The Board be expanded from 11to 15 members by making the currently proposed Ex-Officio members full voting members. This would not affect the 11other voting members and their distribution on the board. This composition would require that a project is fully and fairly vetted for consideration by the Authority;



MINUTESPage 2 line 32-33We feel that a finite expiration date or sunset clause is unnecessary to the purpose of this legislation. It would prohibit long range planning and reduce the effectiveness of the intent of the development fund. NCGS 153A-155 (f) would allow for reduction or repeal by the County Commissioners.

We sincerely appreciate all of your efforts on our behalf and apologize in advance for the small minority that feels as though they must oppose any positive measure. This Bill will have far reaching implications for economic development in Haywood County and no matter where a project is located will directly provide positive impacts on lodging and tourism throughout the County . We would sincerely appreciate any consideration that you can give us as unified governments behind this Bill.

Due to time constraints and in lieu of a single letter signed by all parties we will submit individual letters signed by the Mayors showing those that have to date joined the accord for a unified Haywood County.

Sincerely,

Ron DeSimoneMayor of Maggie Valley

Attachment 2 April 9, 2013 Aldermen Meeting

In no way do I think anyone on this board has the authority to speak for this board without the approval of this board. If it is not a violation of the Freedom of Information Act, Code of Ethics, or a General State Statue, it is definatley a violation of the citizens trust.Appears Mayor DeSimone is willing to ignore our policies, laws, general statues, and code of ethics to deliver Maggie Valley at a county level at all cost on this 2% occupancy tax issue.In closing they have already eliminated the sunshine clause, added 4 seats held by county employees which has a negative impact for economic development and the tax payers of Haywood County.RespectfullyPhillip WightMaggie Valley Alderman part of the small vocal minority aganist a 50% tax increase as presented!

Attachment 3 April 9, 2013 Alderman MeetingMayor DeSimone

It is my understanding Mr. Jim Blythe has been speaking with Maggie Valley accommodation owners rallying up support for the 2% occupancy tax increase. Were you present with Mr. Blythe during any or all of these discussions with accommodation owners in reference to the 2% occupancy tax increase? Why has passing this 2% tax increase become a joint agenda with our town mayor and Jim Blythe? Have you or you and Mr. Blythe together told any business owner this 2% tax increase will come back to Maggie Valley? Have you or you and Mr. Blythe together told any business owner this increase will be used to fund an: Ice skating facility Sports complex Trolley service And or winter lights Is it not premature to suggest what this money will be used for when their is no strategic plan in place and before their is a board constructed to make those types of decisions? On the recent trip you attended accompanied by Jim Blythe to Raleigh NC for Town Hall Day I am requesting documentation of any reimbursements you received for: Gas Lodging Food And or any other expenses



MINUTESMr. DeSimone I find the letter signed by you as Mayor of Maggie Valley to Senator Davis on March 26, 2013 offensive to all of the citizens of Haywood County. And am requesting documentation that gives you the authority to write letters on behalf of the town of Maggie Valley without the consent of fellow board members. Mr. Mayor would it be true to say that the reason this 2% occupancy tax increase is so important to you is becauseyou see how it could benefit your contracting company if you were the winning bid on the projects you are hoping get funded? Mr. Mayor I think it is time for you step down as Mayor ofMaggie Valley if you can not equally represent all of the citizens of Maggie Valley!Ms. Price Could you tell me would you find it acceptable for someone on this board to write a letter on behalf of this board without permission in support of an issue you were adamantlyagainst? Please send reimbursement information & documentation to my email address: [email protected] you for your time Charlie MeadowsSweet Briar Motel &Charlie's Wing House

Attachment 4 April 9, 2013 Board of Aldermen meeting. Any letters that have been produced without being voted on to our North Carolina Senators by Maggie Valley Town Council on the behalf of the Town of Maggie Valley or Haywood County in support of the Haywood County 2°/o Occupancy Tax Increase Legislation #318 is relaying misinformation to push a tax with misleading ideology of this tax being for the greater good of tourism without any supporting evidence. It is also irresponsible and an embarrassment to our community for our town leaders to accuse those who oppose such dishonesty by undermining their intelligence. Ethics and responsibilities of oath of office should be upheld by our town leaders.

I am requesting from the Town of Maggie Valley minutes of the Maggie Valley Town Board of Alderman meeting or any other meeting that has taken place where Mayor Ron DeSimone was granted permission as Mayor of Maggie Valley to write a letter on behalf of Haywood County andher towns Canton, Clyde, Maggie Valley, and Waynesvilleto Senator Jim Davis. Below you will find my email address to send this request.This bill legislation #318 as written affects every tax payer in Haywood County.Thank you for your time and assistance. Tammy WightClarketon Motelinfo@clarketonmote l.com

Attachment 5 April 9, 2013 Board of Aldermen MeetingThis is about a comment made in reference to a taxpayer Joe Maniscalco who in my opinion and observation has been unfairly treated by the Town of Maggie Valley. Personally I feel we are violating a taxpayers civil rights.Mr. Maniscalco was deannexed by a 3 - 2 vote. The Mayor and the town attorney went aganist thedecision of the board and unethically sent a letter to Raleigh aganist the annexation on taxpayers money to convey the Mayor's opinion which is a violation according to North Carolina general statue 160-A. Their have been accqusations made by Mr. Maniscalco aganist the Mayor's integrity that have gone publicly unanswered by the Mayor. Since that time Mr.



MINUTESManiscalco has sent many unanswered letters to the Town of Maggie Valley. We voted once to attempt to address some of his letters and visits to town hall. Mr. Maniscalco next visit the mayor took it upon himself to threaten Mr. Maniscalco with legal action and trespass .According to the Mayor's policy Mr. Maniscalco approached the town board and repectfully asked for the October minutes to be corrected multiple times .I feel the board was in error to go silent on Mr. Maniscalco's issue and do not condone the manner in which Mr. Maniscalco has been treated or is currently being treated .After seeing the unethical manner in which the mayor has handled the 2% occupancy tax issue I would sincerely question the mayor's use of authority and position to intimidate a taxpayers rights.Phillip WightMaggie Valley Alderman

_______________________________Mayor Ron DeSimone

_______________________________Vickie Best, CMC, Town Clerk


Regularly Scheduled Board of Aldermen MeetingApril 9, 2013MINUTES

Documents

Attachment 4 April 9, 2013 Board of Aldermen . Web view · 2017-02-13Members Present:Mayor Ron DeSimone, Aldermen: Phillip Wight, Michael Matthews, and Saralyn Price. Staff Present:Manager