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1 1 Town of Maggie Valley Regularly Scheduled Board of Aldermen Meeting August 29, 2013 MINUTES Members Present: Mayor Ron DeSimone, Aldermen: Saralyn Price, Michael Matthews, and Phillip Wight Staff Present: Manager Tim Barth, Attorney Chuck Dickson, Chief Scott Sutton, Officer Russ Gilliland, Planning Director Nathan Clark, Public Works Director Mike Mehaffey and Town Clerk Vickie Best Others Present: Approximately 72 people were in attendance 1. Meeting Called to Order . Mayor DeSimone called the meeting to order at 6:03 p.m. in the Town Hall Boardroom. Before beginning the agenda items, Mayor DeSimone acknowledged that there have been a lot of discussion throughout town regarding the Matt Stillwell concert. Mayor DeSimone assured the audience that the board would be meeting with staff to address policies and procedures and corrective action will be taken. 2. Consent Agenda a. Correction and Approval of the Minutes: -May 14, 2013 meeting as amended with verbatim minutes. - July 16, 2013 meeting. - Oct. 9, 2012 verbatim minutes-discussion with Mr. Maniscalco. - August 8, 2013 – Agenda Setting meeting minutes. Mayor DeSimone reminded Council of the additional consent agenda items that were also included in the agenda packet. -The Ad valorem tax recap, which is a report on taxes that council receives each month. - The Order for Collection of 2013 taxes - The Order for the collection of 2012 and prior year’s taxes. ALDERMAN WIGHT MADE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY.

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Page 1: Web view20. Town of Maggie Valley. Regularly Scheduled Board of Aldermen Meeting . August 29, 2013. MINUTES. 24. Town of Maggie Valley. August 29, 2013 . Regularly Scheduled

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1Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting August 29, 2013

MINUTESMembers Present: Mayor Ron DeSimone, Aldermen: Saralyn Price, Michael Matthews, and

Phillip WightStaff Present: Manager Tim Barth, Attorney Chuck Dickson, Chief Scott Sutton, Officer

Russ Gilliland, Planning Director Nathan Clark, Public Works Director Mike Mehaffey and Town Clerk Vickie Best

Others Present: Approximately 72 people were in attendance

1. Meeting Called to Order.Mayor DeSimone called the meeting to order at 6:03 p.m. in the Town Hall Boardroom.

Before beginning the agenda items, Mayor DeSimone acknowledged that there have been a lot of discussion throughout town regarding the Matt Stillwell concert. Mayor DeSimone assured the audience that the board would be meeting with staff to address policies and procedures and corrective action will be taken.

2. Consent Agenda a. Correction and Approval of the Minutes: -May 14, 2013 meeting as amended with verbatim minutes. - July 16, 2013 meeting. - Oct. 9, 2012 verbatim minutes-discussion with Mr. Maniscalco. - August 8, 2013 – Agenda Setting meeting minutes.Mayor DeSimone reminded Council of the additional consent agenda items that were also included in the agenda packet.

-The Ad valorem tax recap, which is a report on taxes that council receives each month.- The Order for Collection of 2013 taxes- The Order for the collection of 2012 and prior year’s taxes.

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

3. Public Comment.Mr. Jasay Ketchum, of 12 Lisa Lane addressed Council informing them that the picture in the newspaper taken at the Parham Park dedication was disgusting because Council was dressed inappropriately. Mr. Ketchum stated that people all over the country could see that picture and Council should dress professionally.

Ms. Brenda O’Keefe, owner of Joey’s Pancake House addressed Council thanking them for their donation to the Lion’s Club Golf Tournament. Secondly, Ms. O’Keefe thanked Mayor DeSimone for his service to the town since taking office, and his efforts in developing the Moving Maggie Forward Plan. In the beginning Ms. O’Keefe stated that she was unsure about the business plan; but after further consideration and study, she is “on board” with the plan. Ms. O’Keefe would like to see the town move forward with implementing the plan and stop getting bogged down with other issues.

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The newspapers’ report about the consternation at the Maggie Valley Town Hall. Ms. O’Keefe stated that she understands that news reporters want to report on issues that are salacious. Speaking for herself she said she did not respond when reporters contact her wanting information, “unless it is something positive”.

As for tourism, this has been the best year for Joey’s Pancake House since 2007. Ms. O’Keefe went on to say that it is up to the business owners to look at themselves and try to fix the problem. “Businesses cannot look to Ghost Town or the Town of Maggie Valley to fix it. The Chamber did a wonderful job bringing back the BBQ Festival this year. Becky Ramey did a great job with the Popcorn Sutton Festival. These are all positive events and I thank them. These events all help the valley; but my business is thriving because of me and my staff and the visitors that come back.”

Mr. Terry Frady, a promoter along with Becky Ramey and Wayne Hazelwood of the Popcorn Sutton Jam, addressed Council stating that this is the 4th year they have produced the Popcorn Sutton Jam. The event started at Smackers Restaurant, outgrew the area, so it was moved to the festival grounds. “There have been several issues come up with the festival director over the years. One being the tent. In an effort to save money for two Maggie Valley events; the BBQ Festival and the following weekend the Popcorn Sutton Jam, a request was made to leave the tent up so both events could utilize the tent and split the cost. Ms. Hager would not allow it. Then she (Ms. Hager) left the tent up from the Popcorn Sutton Jam to use for the Matt Stillwell concert.”

Mr. Frady went on to say that Ms. Hager had booked and promised the bands money, motel rooms, etc. without the permission of the promoters.

Every year Mr. Frady or Ms. Ramey would have their name on the application. During the first meeting, Ms. Hager insisted on Pam Sutton’s name going on the application. It is the promoter’s impression that Ms. Hager was trying to steal the event, therefore this year the event was called “Hillbilly Woodstock” for protection. At the end of the event, Ms. Hager sent out an email saying that they could not change the name because Pam Sutton was the promoter and therefore they could not have the first weekend in August for next year’s event.

Mr. Frady felt that this put “them out in the cold” when they have been promoting and producing the event since the beginning. The event brings business and money to the Town of Maggie Valley and now they are being removed as the promoters and kicked out of their annual date because Ms. Hager insisted that just Pam Sutton’s name be on the application.

Ms. Becky Ramey, a promoter of the Popcorn Sutton Jam, addressed the board stating that she wants Audrey Hager to resign or to be fired by the Board. “Everyone in Maggie knows that was my event. I did it to help Pam Sutton because I loved her; she was my best friend; until Audrey got involved.”

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3Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting August 29, 2013

MINUTESMs. Ramey explained that she allowed Audrey to help with the event because she thought that Ms. Hager, as the festival director, was supposed to assist. Ms. Ramey gave an example of having an old style police car bring the moonshiners into the event. Ms. Hager was unprofessional stating that if the grass gets messed up, that Ms. Ramey would have to pay for it. Ms. Ramey had insurance and the grounds were not disturbed. Ms. Hager was rude to Ms. Ramey’s grandson when Ms. Ramey sent him to get the golf cart.

Through the on-line ticket service agency, information was received by Wayne Hazelwood pertaining to other event tickets for other shows held on the festival grounds.

Ms. Ramey had asked that $1 from each ticket be donated to Sarge’s Animal Association. Ms. Hagar tried (unsuccessfully) to change the donation to Mental Health of Haywood County.

Again Ms. Ramey asked that Director Hager be fired; adding that she was two-faced and was not a festival director, but a trouble maker. Ms. Ramey predicted that Director Hager would be calling Pam Sutton and telling her everything that has gone on tonight.

The Popcorn Sutton Jam won festival of the year by the Maggie Valley Chamber. “We were invited to the annual Chamber Dinner and was given the award.” Director Hager called Newport, Tennessee to tell Pam Sutton and got her upset because she was not invited. “I was invited, I was not the invitee!”

When Director Hager thought she was going to lose her job she asked Ms. Ramey to introduce her to Jamey Grosser in Nashville, owner of the Popcorn Sutton name. In a boardroom in Nashville, Director Hager begin telling how she could turn the Popcorn Sutton Jam into a week-long event; charge $20 a ticket, and bring 30,000 to 40,000 people to the festival grounds. Director Hager told Ms. Ramey about all of the connections she has. Director Hager even brought a fellow named Scott, from California to Nashville to invest in “my event”. Ms. Ramey felt there was a good possibility that unknowingly the town financed her trip to Nashville to try to steal the Popcorn Sutton event.

Ms. Ramey submitted attachment 1 to the Mayor, Town Manager and Board of Aldermen.

Michael Gemme, a resident of Clyde, has experience hosting large trade and retail shows, music venues etc. and has helped Becky Ramey with her festival since the beginning when the jam was at Smacker’s Restaurant. Mr. Gemme stated that he has a letter of grievance against Audrey Hager. Ms. Hager has been very unprofessional and has infringed on “my work when she started getting quotes for the Popcorn Sutton Jam”.

“You two” pointing to Aldermen Matthews and Wight “asked me what you could do about this problem at the VIP party.” Mr. Gemme stated that he was informed by both councilmembers that they would put a stop to this.

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MINUTESMr. Gemme went on to compare the situation to a parent- child scenario and the parents (town council) is allowing the child (Audrey Hager) to run wild. Mr. Gemme asked if each member had taken an oath of office. In that oath “You are to serve the people”. You knew what she was doing last year, you know what I went through with her!”

Mr. Gemme stated that he contacted both Aldermen Matthews and Wight after Ms. Hager contacted him on March 21 of last year. “You both knew (Aldermen Matthews and Wight). It is not right. Call for her job.”

Mr. Gemme submitted attachment 2 To Whom It May Concern.

Michael Hannah addressed the board stating that he was volunteering to assist with the Popcorn Sutton Jam to help Ms. Ramey and Mr. Frady. At the VIP party, the night before the Jam, Budweiser had donated beer for the party and Larry Parton, a Budweiser employee, was serving beer. The lines got long and Mr. Hannah stated that he stepped in to help pour beer. Ms. Hager asked him to stop serving because he did not have a serving license by the Town of Maggie Valley.

The next day, the same thing happened, Mr. Parton, the Budweiser employee, asked Mr. Hannah to help and Ms. Hager rudely ran him out of the beer tent. “The lines were forty to fifty people deep and she (Ms. Hager) was counting the tip money from the tip jar.” Mr. Hannah added that Ms. Hager was not good at public relations.

Phil Freelands, a resident at 75 Cripple Creek Drive, addressed Council stating that he was here to say something positive. This is the first Council meeting that Mr. Freeland has attended and he stated that he was astounded.

Mr. Freelands stated that he had provided a letter to the town clerk and that he would summarize the letter’s content. Mr. Freelands felt the mayor is a tremendous asset to the town and the community. Mayor DeSimone has brought a new positive attitude to the community. Mayor DeSimone is helping to move the town in the right direction and it would be a disservice to the town and the community for anyone to try to remove him from office.

Attachment 3 is the letter submitted to the Town Clerk.

Ellen Pitt, a representative for Mad Mothers against Drunk Driving, and a previous resident and the owner of a rental home in Maggie Valley, addressed Council stating that contrary to popular belief, the MADD organization is not against drinking responsibly if you are over 21 years old. Ms. Pitt thanked Mayor DeSimone for his compassion for crime victims; as well as the establishments in town that do serve responsibly. Ms. Pitt monitors all DWI cases and knows what establishments do not serve responsibly. “When there is a clustering of arrests from one establishment it is reported to the ABC Commission, ALE, and the local police department.”

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MINUTESAgain Ms. Pitt thanked the establishments that advertise and serve alcohol responsibly and do not make Maggie Valley look sleazy, as though the town doesn’t care how drunk you are; they just want your money. As for check-points set up in a town, the business owners should be thankful because data shows that check-points are a deterrent. If you over serve someone and they drive down the road and kill someone, the establishment will be sued in civil or criminal court.

As for the school inside our district, (Jonathan Valley Elementary School) all the children know the Police Officers by name. “We cannot do enough for our police department and our school children. Jonathan Valley is a wonderful school.”

The town has a wonderful health care facility and it is a matter of time until someone breaks in to steal pills. Ms. Pitt added that she works part-time at the health care facility and witnessed an incident where an Alzheimer patient got out and was in the middle of the street causing safety and traffic problems. The patient was combative and the police were called. When the police arrived they handled the situation and treated the patient like a “new born baby”.

Ms. Pitt ended her statement saying that she appreciates all the police do and asked the Town Board to stop the squabbling, to act responsibly, to create policies that will endure over time and help the residents and promote the businesses, decide what is going to happen to the festival grounds, and to stop making Maggie Valley look like fools. “We need adults on the town board, not toddlers.”

Sonja Michel, owner of Creekwood Village located just behind the festival grounds and a long-time Maggie Valley Chamber member addressed council stating that the first year when Ms. Ramey brought the Popcorn Sutton Jam to the festival grounds the chamber offered to help with the sale of beer. Ms. Hager then informed Ms. Ramey that the chamber could not sale alcohol. Ms. Michel informed Council that any non-profit organization may obtain an ABC permit, as a fund raiser. “The town was notified of the issues concerning Ms. Hager two years ago.”

Beth Reece, owner of the Maggie Valley Inn and Conference Center, addressed the board thanking them for addressing the concerns that taxpayers have about the Matt Stillwell concert. Ms. Reece added that she trusted that Council would handle the situation. In the beginning the Reece family had a vision for the festival grounds and the stage. The situations that have arisen are so far past what was envisioned that it is beyond belief.

Ms. Reece stated that she emailed town hall on August 7 requesting information pertaining to the concert. There was no response from the town. On August 15 Ms. Reece sent another email requesting the profit and loss information from the concert. There was no response from the town. On August 21, Ms. Reece again asked for documentation. On August 23 Ms. Reece stated that she received a response from Ms. Hagar stating that she was working on gathering the requested documentation. As of today Ms. Reece stated that she still has not received any documentation or a response.

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MINUTESThe Performa, contracts, expenses, who paid what amount, etc. was requested by Ms. Reece in an attempt to piece together what has transpired. All of the requested documents are public information.

Alderman Matthews was unaware of any issues with the Matt Stillwell concert. Alderman Wight said the only thing that he has heard is that Mr. Meadows lost $3500.

Mayor DeSimone has requested that staff compile the data and that all complaints be in writing.

Becky Long a resident of Maggie Valley addressed Council stating that she voted for a great number of the council seated today. Ms. Long stated that she has personally witnessed many of the complaints brought out during this meeting. The salary the festival director is making should not produce the results that the town is getting.

4. Consideration of a Memorandum of Understanding with Haywood County and the Town of Waynesville for information technology support for Public Safety After reviewing the document, Alderman Wight questioned the cost if for whatever reason the technician needed to visit more than the 14 visits during the twelve month period.

Manager Barth responded that those calls would cost $200; the same as the regular visits.

See attachment 4 Memorandum of Understanding ALDERMAN WIGHT MADE A MOTION TO APPROVE THE MEMORANDUM OF UNDERSTANDING AS PRESENTED. MOTION CARRIED UNANIMOUSLY.

5. Consideration of taking over the roads in the Katua Falls Subdivision When the Katua Falls Subdivision started, one of the requirements for having roads taken over by the Town was that: “Development must be 75% complete. Roads not meeting percent must include a $500.00 entry fee per lot fronting subdivision roads.”

In August of 2011 the road policy was clarified to be: “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 roads, at this time, will be the responsibility of the Developer/property owner’s association to fix prior to being accepted by the Town.”

Walter Piper is the owner of the vacant lots in the subdivision and he wants the roads to be in the Town’s system. He has agreed to fix the deficient places in the roads, take down certain trees that might threaten the structural integrity of the road over time, remove the gate at the entrance to the subdivision and pay $10,000 ($500 x 20 lots). Because the subdivision was begun under the old policy the Town can accept the roads into the Town’s system.

Alderman Matthews questioned having the trees removed when the developer spent money to preserve the trees.

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One tree has uprooted a portion of the road.

Mr. Piper agreed to take care of the deficiencies.

Alderman Price stated that she could not vote in favor of the action. Alderman Price agreed the road standards policy needs to be reviewed and revisions made, but could not, in the best interest of Maggie Valley, vote yes, when there are other similar situations in other subdivisions.

ALDERMAN MATTHEWS MADE A MOTION TO ACCEPT THE ROADS IN KATUA FALLS SUBDIVISION. ALDERMAN WIGHT AND MAYOR DESIMONE VOTED IN THE AFFIRMATIVE. ALDERMAN PRICE OPPOSED. MOTION CARRIED BY MAJORITY.

6. Consideration of providing financial assistance for road improvements in Stony Ridge The Stony Ridge Homeowners Association has sent a letter requesting financial assistance for more road improvement work that they want to do.

The letter is proposing a project identical in dollars to what they did in May. The proposal is to do a project worth $11,500, with the homeowners contributing $10,000 and the Town contributing $1500. The Stony Ridge Homeowners want to take the opportunity to get the same prices they were offered in May. Also, they want to get these improvements done before winter comes.

ALDERMAN WIGHT MADE A MOTION TO APPROVE THE AGREEMENT TO ASSIST WITH THE ROAD PROJECT. MOTION CARRIED UNANIMOUSLY.

7. Consideration of providing financial assistance for road improvements in Campbell Woods Campbell Woods HOA has been redoing the main road, a section at a time, in order to bring the road up to the Town’s road standards. The proposed project is one of the last sections that they will need to improve before the road can come into the Town’s road system.

The low bid for the total proposed project is $17,235. If approved, $5,171 would be the Town’s share and $12,064 would be the subdivision’s share.

ALDERMAN MATTHEWS MADE A MOTION TO APPROVE THE ASSISTANCE FOR ROAD IMPROVEMENTS IN THE CAMPBELL WOODS SUDBIVISION. MOTION CARRIED UNANIMOUSLY.

8. Consideration of a street light on Silverleaf Circle Julie Hurley, owner of Hurley’s Restaurant and a resident at 243 Silverleaf Circle, stated that she wrote a letter to the board January 28 of this year requesting that a street light that had

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Regularly Scheduled Board of Aldermen Meeting August 29, 2013

MINUTESbeen disconnected by the town should be turned back on. Ms. Hurley stated that she has not gotten a response regarding the issue either by letter or action.

The area is dark. Many people in the neighborhood walk. The road is narrow. There is wildlife in the area that is dangerous. Street light number A9Q01 on lower Silverleaf Circle is needed. The light on upper Silverleaf was turned back on, but lower Silverleaf Circle is dark. There are young children in the neighborhood and people with dogs that need to be walked.

Ms. Hurley previously submitted a letter to the town requesting that Silverleaf Circle receive snow removal. The town plows Valley Creek Run, but not Silverleaf Circle, which starts and ends on Valley Creek Run. Therefore turn-around is not an issue.

Staff had concerns about the width of the road. The snow blade is as wide as or wider than the road which means snow will be banked on one side because there is nowhere for the snow to go. There is also a transformer that is practically in the road that could create difficulty with the snowblade.

Public Works Director Mehaffey will personally plow the road during the first snow event of the season to determine how it will work and if the neighbors want the road plowed due to the banking of snow in their driveways. The town will attempt to plow and salt the road; but the town is not guaranteeing that Silverleaf Circle will be added to the snow removal list.

Mayor DeSimone explained that street lighting paid for by the town is used for safe driving, not to create a continuous lighted path for walking, other than along Soco Road.

Ms. Hurley explained that the road is narrow and there is a drop-off that the headlights on a car do not pick up. “If a car were to go off the road, there would be major damage.”

Mayor DeSimone responded that the headlights of a vehicle do shine on the strait-of-way and the drop off can be seen.

Ms. Hurley asked that Council consider her request. The town spends a lot of money on the festival ground lighting. “This is one light that comes on dusk to dawn.”

Alderman Matthews stated that he had never agreed with the street lighting policy; because at one point in time the town agreed to pay for the lights in existence. The lights should have never been turned off. There are a lot of vacation rentals in the area; so much of the traffic is people that have never driven the roads before. It is an issue for drivers. It is a busy road with cars and people working. “The town should honor the things we say we are going to do.”

ALDERMAN WIGHT MADE A MOTION TO TURN STREETLIGHT A9Q01 ON LOWER SILVERLEAF CIRCLE BACK ON.

Council asked that Chief Sutton provide his opinion.

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Chief Sutton responded that it is a strait-way and Silverleaf Circle is used as a one-way road. If the Board deems the lights should be turned back on then that will be the decision. Staff can only go by policy.

Alderman Matthews acknowledged that this is setting a precedence, and he welcomes anyone else that had a streetlight turned off to come before the board. “This is not adding a streetlight, but rather turning a light back on that has always been there. There are a lot of places “we” could cut rather than streetlights.”

Ms. Hurley informed Council that Silverleaf Circle is a two way street. In the beginning, when the town began cutting off streetlights, Ms. Hurley had questioned what criteria was used to determine what lights would remain and what lights would be turned off. “Were full-time residents considered? Especially areas that have children being transported. The one light will cover much of lower Silverleaf Circle.”

ALDERMEN MATTHEWS AND PRICE VOTED IN THE AFFIRMATIVE. MAYOR DESIOMONE OPPOSED. MOTION CARRIED BY MAJORITY.

See Attachment 5 the Town of Maggie Valley Street Light Policy and Procedure

9. Appearance by the Chamber of Commerce in regard to Moving Maggie Forward Teresa Smith, Executive Director of the Maggie Valley Chamber addressed Council thanking them for allowing her to speak.

“The Maggie Valley Chamber celebrating its 50th anniversary at our annual dinner on August 13, 2013. At that meeting the Chamber spoke about the Moving Maggie Forward project and gave an update of the progress that has been made. A couple of the aldermen were not able to attend and I wanted to come to the town meeting to update you along with the others of the Maggie Valley community on our next steps.”

“At the celebration dinner we handed out a copy of the action plan for carrying out the Moving Maggie Forward Business Plan.”

Ms. Smith distributed the action plan for the Moving Maggie Forward Business Plan.

“As you can see, item after item repeats a commonality; securing a funding source. I am happy to announce that meetings have been held with the Haywood County TDA and the Haywood County TDA 1% Subcommittee for Maggie Valley. We are working on changes that would allow Moving Maggie Forward to submit a Maggie Valley Marketing Plan to the subcommittee for funding. I am equally excited that the 1% subcommittee agrees that an overall Moving Maggie Forward Marketing Plan for Maggie Valley is needed and welcomed.”

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MINUTES“During the Moving Maggie Forward process we discovered a tremendous amount of agreement on key issues. We have identified our strengths, weaknesses, opportunities, and threats. Along with community and business input it has provided a clear direction for the business plan.”

“The next step in the plan is a critical piece of the puzzle.”

“We need to create our identity, our branding, if you will. The Moving Maggie Forward business plan calls for a professional branding agency to create our brand. Once we have established this, we have the opportunity to piggy back with the Haywood County TDA on many initiatives and share in resources available through their offices. Then individual local Maggie Valley businesses can begin their transformation into our new identity.”

“Our new branding will be used on all internet, print, and collateral materials for businesses in the valley as well as the three organizations: The Chamber, The Lodging Association, and the Hotel/Motel Association.”

“We will be coming to update you as often as we can. There will also be meetings of all the business owners of the valley as progress is made to further define our goals and implementation of the plan. The Town Board has a crucial role in the success of the plan as well, as we move to create a new role for the Maggie Valley Chamber as the advocate for the business community; to serve as a liaison between potential new business owners and local government, create communications system with all business owners, and to create a new operating model for the Chamber of Commerce. We trust the Town Board will continue to support the moving Maggie Forward Plan.”

Alderman Matthews suggested that the chamber should look at doing a Ghost Town day, a Wheels through Time day, a Stompin Grounds day, for all of the anchor businesses. Everyone could put the announcement on their signs directing people there.

It is thought that by focusing on the anchor businesses, it would bring people to the valley and help all businesses. This theory is similar to the mall concept. Anchor stores are the foundations for the smaller stores reap the benefits.

Director Smith agreed adding that plan will also have a focus on heritage and music.

Mayor DeSimone asked for a vote of support. Alderman Wight responded that Ms. Smith did not ask for a vote.

Alderman Matthews stated that he supports the plan.

There was discussion among the audience members with the result being that a request for funding will come later.

10. Appearance of Jim Redmond

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MINUTESJim Redmond connected Leatherwood Cottages onto the sewer system in 2007. He believes that because his cottages are one bedroom units that he should have only been charged for one bedroom.

For each unit Mr. Redmond paid a two bedroom tap fee, which is what the state requires as its minimum tap fee for residential structures. In the North Carolina Administrative Code in 15A NCAC 02T .0114(b) it states:(b) In determining the volume of sewage from dwelling units the flow rate shall be 120 gallons per day per bedroom. The minimum volume of sewage from each dwelling unit shall be 240 gallons per day and each additional bedroom above two bedrooms shall increase the volume by 120 gallons per day.The Town has to reserve two bedrooms worth of use for each of the facilities at its wastewater treatment plant.

Mr. Redmond addressed the board stating that he had to get approval to put the cottages on city sewer when he decided to sell the cottages individually. The cottages have been in existence since 1954. At that meeting Mr. Redmond stated that he informed the board that he could not close his business down totally to convert the cottages to city sewer. Therefore, Mr. Redmond did half the cottages one year and half the next.

During this process there was a rate increase, leaving Mr. Redmond to pay an additional $840. Mr. Redmond asked that he be refunded the $840 and he would be willing to get the refund in two phases.

Mr. Redmond was contesting the two bedroom minimum fee and the additional rate increase.

Since that time, the sewer impact fees have been decreased.

Alderman Wight felt that the town owes Mr. Redmond more than $840. Alderman Wight acknowledged that state law requires a two-bedroom minimum. Several council members went through the two-bedroom minimum issue for Kyle Edwards and his park models.

In the memo on the check, dated February 12, 2007 for $840, Mr. Redmond wrote “Alleged Past Due Balance”.

There was discussion among the council members about how much money the town should owe Mr. Redmond. Alderman Wight figured $5,475 because Mr. Redmond should have been grandfathered at the old rate.

Director Mehaffey explained the process and how the rate change came about. Mr. Redmond was charged the prevailing rate and was notified before the rate increase to avoid paying the higher fee.

The intent was to plat out and sell each cottage.

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Mayor DeSimone had concerns about going back to the year 2004 and making corrective changes that were made under a different board.

Alderman Matthews stated that he would be willing to look at the $60 difference in impact fees if there is not a statute of limitations.

Mayor DeSimone felt there was no legal standing to refund money.

Mr. Redmond stated that he would accept $400. That would be half of what he was requesting. Alderman Wight felt that would be fair to try to correct what he feels was wrong.

ALDERMAN WIGHT MADE A MOTION TO REFUND MR. REDMOND $400.

Attorney Dickson felt the statute of limitation did not matter because in his opinion Mr. Redmond does not have a claim. For the last 20 to 25 years taps are purchased at the prevailing rate.

ALDERMAN WIGHT WITHDREW HIS MOTION.

11. Request by the Lion’s Club for a contribution to sponsor a golf hole The request had previously been discussed. Although the golf tournament is over. The Town’s name was included as a sponsor of a hole.

The Lion’s Club has always been generous to the town. The Lion’s club donated $10,000 for Parham Park.

ALDERMAN WIGHT MADE A MOTION TO DONATE $250 TO THE LION’S CLUB. MOTION CARRIED UNANMOUSLY.

12. Request to help financially sponsor the speaker for the Emergency Personnel Annual Dinner.Every year the Haywood County Commissioners host an Annual Dinner for all emergency personnel in Haywood County. This year the Emergency Personnel Dinner will have a speaker and they are asking the Town’s to sponsor the speaker. The request is for $200.00.

Greg Shuping, the Haywood County Emergency Services Director, addressed Council stating that Maggie Valley has a great group of people in law enforcement and a county rescue service housed in Maggie Valley.

The speaker will be Mr. Tim Hayes, a paramedic, who lost both his legs while on duty on I-77. The county is taking care of the meal, but the municipalities are being asked to make a donation toward sponsoring the speaker.

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MINUTESALDERMAN PRICE MADE A MOTION TO DONATE $200 FOR THE SPEAKER. MOTION CARRIED UNANMOUSLY.

13. Consideration of an appointment to the Parks Recreation and Festival Advisory Committee.Three applications were submitted: Terri Lynn Crider, Beth Reece, and Sonja Michels. Ms. Crider’s application was submitted in June, which has always been contentious with Alderman Wight because of the length of time it has taken to make the appointment.

There are now two vacancies on the PRFAC; one full member and one alternate member.

ALDERMAN PRICE MADE A MOTION TO APPOINT BETH REECE.

Aldermen Wight and Matthews preferred that Council conduct interviews.

ALDERMAN PRICE WITHDREW HER MOTION.

Manager Barth will set up interviews and notify Council.

14. Consideration of an amotion procedure.Alderman Matthews stated that he has received a lot of complaints and concerns regarding issues involving the mayor. It is not necessarily an amotion procedure, but the opportunity to explain some of the issues other board members and some taxpayers have.

Some of the taxpayers would like these issues addressed. Alderman Wight is asking for a hearing. There are no statues regarding having a hearing, so it falls to amotion. Alderman Wight would like to move forward with the amotion. There are over ten issues that need to be discussed regarding the misconduct of Mayor DeSimone.

ALDERMAN WIGHT MADE A MOTION TO SET A DATE FOR AMOTION.

ALDERMAN WIGHT WITHDREW HIS MOTION AND MADE A MOTION TO RECUSE MAYOR DESIMONE FROM VOTING ON THE AMOTION. ALDERMAN MATTHEWS VOTED IN THE AFFIRMATIVE. MAYOR DESIMONE AND ALDERMAN PRICE OPPOSED.

ALDERMAN WIGHT MADE A MOTION TO SCHEDULE A HEARING THREE WEEKS FROM NOW AND THAT MAYOR DESIMONE’S VOTE NOT BE RECORDED.

Alderman Wight felt Mayor DeSimone should recuse himself because the issues of concern pertain to him.

Mayor DeSimone responded that he has no self-interest and will not recuse himself from voting.

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Alderman Matthews responded that the School of Government believes the mayor should not vote, but the statute is so ambiguous that there are varying opinions. Attorney Dickson was informed the same.

Mayor DeSimone stated that Aldermen Wight has stated his opinion in public meetings and in the newspapers.

Alderman Matthews stated that the citizens deserve a response from Mayor DeSimone. The hearing does not have to be amotion hearing, but a hearing to address the issues, and actions being questioned. “If there has been no wrong-doing then there should not be a problem discussing the issues that are of concern.

MOTION FAILS ON A TWO TO TWO VOTE.

15. Manager’s Report.The Region A meeting will be held September 23 in Cherokee.

A Blood-Drive will be held September 5 at the Maggie Methodist Church.

16. Closed Session: Discussion regarding the possible purchase of land.ALDERMAN MATTHEWS MADE A MOTION TO GO INTO CLOSED SESSION FOR THE PURPOSE OF DISCUSSING A POSSIBLE LAND PURCHASE. MOTION CARRIED UNANIMOUSLY. COUNCIL WENT INTO CLOSED SESSION AT 7:48 P.M.

ON MOTION OF ALDERMEN MATTHEWS, WITH ALL IN FAVOR, COUNCIL CAME OUT OF CLOSED SESSION AT 8:19 P.M.

7. Other Business.

No other business was discussed.

18. Meeting Adjourned.ON MOTION OF ALDERMAN WIGHT WITH ALL IN FAVOR THE MEETING ADJOURNED AT 8:19 P.M.

____________________________________________

Mayor Ron DeSimone

____________________________________________

Vickie Best, CMC, Town Clerk  

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15Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting August 29, 2013

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August 28, 2013

Dear Mayor, Town Manager and Aldermen of Maggie Valley

This letter is to ask for the immediate dismissal of the Festival Grounds Director, Audrey Hager.

I am Becky Ramey the producer of the Popcorn Sutton Jam that started four years ago. The event was held at my restaurant, Smackers, after the death of Popcorn Sutton to benefit his widow, Pam. The event grew and grew so the next year we had the event at the festival grounds. The first year Terry Frady signed the contract for the festival grounds on behalf of Smackers. The next year Pam Sutton and I both signed the contract. The third year, Audrey told us that only Pam needed to sign the contract because it didn't matter if Terry or I signed it because we were all partners in the festival. Then she used that against me by sending all the money to Pam. She knows, you know, and everybody in the county knows that I started the Popcorn Sutton Jam and the Jam is MY event.

Let's go back to the beginning. First of all Audrey asked me to introduce her to Pam and to Jamie Grosser, the person who owns the rights to the name "Popcorn Sutton." Audrey told me that she knew she was going to lose her job and she needed Jamie's help in some ventures she was working on. She proceeded to tell me and others that she could bring 30,000-40,000 people to Maggie, make it a 9 day event, and charge $ 20 a person. She could bring in a company called Premier Global that would provide big staging and big lighting.

She said she could get additional gates put in at the festival grounds. I was dumb-founded! I had no intensions of making my event a 9-day event, nor did I never in my wildest dreams want to try to put 40,000 people on the festival grounds in Maggie Valley! Where In the world would we find parking, rooms, food, etc.? I told her NO! So did Pam. But she still insisted on calling Danielle, going to Nashville, staying in Jami e and Danielle's house, and telling them that she had produced 38 events at the MV Festival Grounds. I guess I was a little confused because I thought that as the Festival Director Audrey was supposed to direct the events that were held on the grounds. She led me to believe that she had to approve every aspect of the event. I didn't find out until later when I started telling people how she was going to cost me all of my profits by hiring over priced entertainment and promising people payment and benefits that I could not afford, I was told me that she didn't have the right to tell me how to do anything. So Terry immediately called Audrey and told her that she no longer was allowed to book entertainment. It was embarrassing to me to have to call people she had promised big money to that we couldn't afford them.

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Teresa Smith, the Chamber director called me back in the late winter to ask if it would be possible for our two events that were back-to-back to share tents. Bill from WNC Tents had told Teresa it would save us both $300-$500 if we could use the same tents. We agreed that we would work out where to place the tents that would work for us both. I told Teresa to let Audrey know. Teresa told her and she said that "we aren't using WNC Tents." So Teresa called me back and I was shocked! I had always used WNC Tents. Then after several months I find out that she booked the tents with WNC Tents after all but had waited too late for Teresa and me to piggyback. Then she told a lie to Terry that Teresa and I couldn't agree on where to put the tents. Then I had to take what was left over

- Not what I usually rented - because she waited too late to order the tents. Then, she called WNC Tents after the Popcorn Sutton Jam was over and asked Bill to leave the tent up because she was afraid it would rain at the next event, Matt Stillwell concert. Guess who got a discount out of that deal? Not me!

During the event there were several occasions where Audrey was very rude. Mike Hannon brought his 1960 Andy Griffith police car to chauffer the Moonshiner's into the grounds. Audrey stood with her hands on her hips and pointed her finger at Mike and said, "Don't mess up the grass!" Then she looked at me and said, "You'll pay for any damages done by that car." I told her he wasn't damaging anything he was simply y driving on the grounds. Mike also told me that Audrey was very rude to him Thursday night at the private event too. He was helping serve the donated beer for the VIP party. Audrey told him, "Get out of there! You can't be back there! “This was a private event that Audrey was not invited to. Audrey screamed at my grandson to get off the golf cart and made him cry. I had told him to bring the golf cart to me. Then after I spent hours cleaning up the bathrooms and the grounds, Audrey yelled at Terry and Wayne at the Matt Stillwell concert that "Hey, that's your cigarette butts over there in front of the stage, " right in front of Georgie and David Andrews , one of the vendors at the Matt Stillwell Concert. Needless to say they were embarrassed.

At the BBQ Festival Teresa Smith and I rode on the golf cart to show me one of the vendors who had set up a little still to serve root beer. She thought that would be someone I could invite to the Popcorn Jam. When we pulled up the vendor ask me, "Do you remember me?" I told him I thought I recognized him. He said the he worked the Popcorn Jam last year and he was disappointed that I wasn't involved in the Jam anymore. I asked him what he meant. He said that Audrey told him I was not involved in the Popcorn Sutton Jam anymore! I set him straight right then! His name is Roger Earp (828-448- - 0833). Call him and ask him.

She also tried to go around me to give money to a different charity than what I had wanted. I told her in a meeting that I wanted $1 out of every ticket sold to go to Sarge's. Audrey sent me an email and told me that SHE had decided to give the donation to some mental health place and I told her absolutely not. The money is going to Sarge's. Then she had the ticket price wrong and what was on the internet was not what she said to charge at the gate. The ticket price was supposed to be $5 with a dollar of the $5 going to Sarge's.

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She said no that the $1 had to be in addition to the ticket price for me to give

$1 to Sarge's. When we charged $6 at the gate needless to say people were upset. (There again, keep in mind that I thought she had the right to tell me what to do). After so many people complained, we took the price back to $5. She just confuses everybody and everything! She doesn't know how to communicate. And just this week I learned that all the names, addresses, credit card information, and email address of every person who bought a ticket on line for the Popcorn event, the Oyster fest, and the Matt Stillwell Concert were going to Wayne Hazelwood, Pam's brother-in-law! Wayne had called Audrey way back in April to let her know that he was getting that information. She said she would take care of it. But she didn't. Could you imagine if that information had gotten into the wrong hands? Audrey is the one who set all of the Event Brite accounts up for all three events. Everything she touches she screws up!

Then I find out that because neither Terry nor I signed this year's contract (only Pa m did) Audrey was required to send all the alcohol sales profits to Pam. Terry, Wayne and I didn't get a dime. I split the gates fees after all receipts were paid with Pam. The alcohol sales were supposed to be split too.

In Audrey's email to me she said, "Sometimes partnerships become strained." Yes, indeed. Partnerships can get strained when you have a person like Audrey playing both sides against middle. Pam and I had never had an unkind word to each other until this year. Before I decided to do the 2013 event I told Pam that I wasn't sure if I wanted to do it again this year because I couldn't stand to work with Audrey again. Pam convinced me to go ahead and do it again that she wasn't feeling well and couldn't do it at all because of her health. Now, I won't have to worry about working with Audrey again because she done what she set out to do, steal the Popcorn Sutton Jam away from me!

I had a feeling all along that something was going on with Audrey trying to steal this event. That's why I started calling it the Hillbilly Woodstock event. Now Audrey tells me that Pam (having signed this year's contract) had 60 days to let her know whether or not the Popcorn Sutton event would happen in 2014 and I will have to have my Hillbilly Woodstock event somewhere other than Maggie Valley.

Thank you for your consideration of my request to fire Audrey.

Attachment 2

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To Whom It May Concern;

I am writing this letter of grievance in regards to the unprofessional conduct of The Maggie Valley Festival Director, Mrs. Audrey Hagar, that she shown to me, Michael Gemme and my wife, Sherri Gemme, during the preparations of the Popcorn Sutton Festival last year, which was from January until August of 2012.

During the months that followed, Mrs. Hagar was uncooperative, argumentative and downright rude at times. Mrs. Hagar knew that my wife and myself where helping out Ms. Becky Ramey and Mrs. Pam Sutton with certain aspects of the festival which Mrs. Hagar knew this from the first meeting when we decided who would take on certain roles.

Beginning on March the 21st it became apparent that Mrs. Hagar not only wanted to take over the task that my wife, Sherri, had which was getting vendors for the festival but also my task which was the music entertainment. Mrs. Hagar demanded both of our lists of vendors as well as all the bands that we had lined up for the festival. Mrs. Hagar called my cell phone and preceded to get into an argument with my wife about how much the vendors were to be charged per day, which was $50 per day or $100 for the weekend. Mrs. Hagar stated that she was the one that was right since she had written the amount in her notes. My wife, Sherri, told her that she was wrong and tried to explain this to Mrs. Hagar but to no avail. We had to end up calling another meeting, one of many that followed, with all of those involved to prove to Mrs. Hagar that she was mistaken.

From that time on it became a power struggle with Mrs. Hagar to get anything done because of her lack of ability to take notes and to listen to what Ms. Ran1ey and Mrs. Sutton wanted for the festival. Mrs. Hagar repeatedly tried to impose her will on all of us and her views

on how the festival should be run, which she had no part in and it had been made clear to her that the only reason she was there was because the town made us deal with her.

Mrs. Hagar then started calling Ms. Ramey and Mrs. Sutton to try and pit all of us involved in the festival against one another, which she succeeded. Things became so bad that by the time the festival was to take place, it almost did not.

In the final meeting that took place at the town office, myself, my wife, Mrs. Sutton, Ms.

Ramey and Mr. Frady were all in attendance, she stated that she was having Budweiser serve draft beer because it was her license's that we were using for the festival and that is what she wanted. Mrs. Hagar was reminded that it was not her alcohol licenses but the town of Maggie Valley's. To keep the peace Mrs. Sutton agreed just to keep the festival from going under.

Then in January of this year, 2013, Jeff Waldroup, from the reality TV show the Moonshiners had his management at that time go see Mrs. Hagar to find out some of the details about the Popcorn Festival and stated they were interested in attending. During the meeting Mr. Andy Jordan and Ms. Debbie Dupre asked Mrs. Hagar if she knew me and my wife Sherri because at this time we, myself and my wife were working and had become friends with all of the Waldroup's and with X Mark. Mrs. Hagar stated that she did know us then proceeded to tell Mr.

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Jordan and Ms. Dupre that we, myself and my wife, had stolen money from the festival and that money was to go toward paying Mr. Tim Smith and Tickle both of which are also on the TV show the Moonshiners. Tim Smith was hired to come to Maggie Valley from Popcorn's Sutton daughters who were having a family reunion at Smokey Falls Motel. Mr. Tim Smith came up to the festival on his own to see if he would be welcome to come into the festival. Ms. Becky Ramey can verify this herself.

Upon hearing this Mr. Jeff Waldroup came to me and my wife and told us what was said, he then had a chance at the Benefit for Warrior Dogs held at the Elk's Lodge, on January 25 2013, to speak to Alderman Phil Wight and his wife about this. Mr. Waldroup and Mr. Jordan both took Alderman Wight and his wife aside and spoke with them about what Mrs. Hagar had said about me and my wife. Alderman Wight assured Mr. Waldroup and Mr. Jordan that this would be taken care of. Mr. Waldroup also asked Alderman Wight about possible other open dates and Alderman Wight said that he would be glad to get those for him, which Mr. Waldroup never got. Mr. Waldroup did say to Alderman Wight that he would not do or bring anything into Maggie Valley as long as Mrs. Hagar was there.

Ms. Ramey did ask me from the beginning, which was 4 years ago, of the Popcorn Sutton Festival to help her. Ms. Ramey held the 1st annual Popcorn Sutton Festival, in the parking lot of her restaurant, then known as Smackers, now known as Charlie's Wing House. We held the festival for the first time that year in Ms. Ramey's parking lot and the next year Mr. Frady went before the Town of Maggie. The Town of Maggie agreed to let Ms. Ramey and Mr. Frady have the festival grounds for one day, for the 2°d annual Popcorn Sutton Festival, the festival was put in Mr. Frady's name as the promoter. Myself, Ms. Ramey and Mr. Frady then proceeded to market the festival ourselves because we did not receive any help from Mrs. Hagar. The third year, which was the 3rd annual Popcorn Sutton Festival, I went before the Town of Maggie to ask for the festival grounds for two days because the year before the festival was a success and there were about 1000 to 1400 in attendance. The Popcorn Festival was then put into Ms. Ramey and Mrs. Suttons name as the promoters for the festival and this was the year that Mrs. Hagar tried to interfere with the festival. This year, which was the 4th annual Popcorn Festival, Mrs. Hagar made the statement to just put Mrs. Suttons name down as the promoter because it would all be in the same pot and that they were all partners anyway. Ms. Ramey, Mr. Frady and Mr. Wayne Hazelwood were in attendance and can verify this. I would like to know who was she to make a determination like that for a private promoter, knowing that the year before that the Festival was put into Ms. Ramey and Mrs. Sutton names.

I have numerous questions that I would like to have answered publicly on how Mrs. Hagar was allowed to operate like she has without any repercussions.

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The Freelands

August 29, 2013

Mayor and Board of Aldermen Town of Maggie Valley

3987 Soco Road

Maggie Valley, NC 28751

Dear Mayor and Board of Aldermen:

My wife and I are writing this letter to let you know that we believe that Mayor DeSimone has been a tremendous asset to the Town of Maggie Valley as Mayor and has helped to bring a new positive attitude to the community. He is helping to point the community in the right direction and bring new economic development and jobs to our town, which are badly needed.

We want to tell you that we believe that it would be a great disservice to Maggie Valley and its residents for anyone to attempt to remove Mayor Desimone from office. It would not only be a very wrong thing to do to a good mayor and a good person, but it would be a complete waste of time and Maggie Valley money. We would hope that no such action is proposed.

Thank you very much for your consideration. Sincerely,

Philip and Fran Freeland

Cripple Creek Drive Waynesville, NC 28785

828 926-8202

[email protected]

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MEMORANDUM OF UNDERSTANDING

THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made as of the 29 day of August, 201 3, by and between Haywood County, North Carolina, a body politic and corporate (the "County"), the Town of Waynesville ("Waynesville") and the Town of Maggie Valley ("Maggie"); and collectively the "Parties".

R E C I T A L S:

WHEREAS, the Parties have had meetings pertaining to sharing the support costs for a Part Time Information Technology Public Safety Technician ("Technician") who would be an employee of the County but would perfo1m services for the Parties in accordance with this MOU ; and

WHEREAS, the Parties would provide office space at their location, and the Haywood County Sheriff, and Police Chiefs for Waynesville and Maggie would be considered the primary Points of Contact for the Technician; and the Haywood County Director of Technology and Communications will manage the Technician's time, assigned tasks, and deployment to each location ; and

WHEREAS, the County will provide twelve (12) months of software services and technology support for the Technician through the Haywood County Technology and Communications Office, supporting all County-standard hardware including desktops , mobile computers, printers and servers (the "Devices") which will be purchased by and housed within the designated location for each of the respective Parties, subject to the te1m and responsibilities under existing support contracts with third party vendors; and

WHEREAS, the Devices will run currently supported licensed operating systems with the networks of each of the Parties to be bridged together and the initial approved incurred connectivity costs to become the responsibility of each of the respective Parties.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Effective Date. The effective date of this MOU shall be July 1, 2013.

2. Software Support Services. The County will provide software support services to the other Patties, including, but not limited to:

a. Law enforcement local, state and federal programs.

b. In-Car camera systems (iCop, Kustom Signals, 5-0, etc.).

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MINUTESc. Public Safety CAD (Computer-Aided Dispatch) RMS (Records

Management Systems), Mobile RMS , DCI (Division of Criminal Investigations).

d. Support of mobile data terminals (laptops) and Mifi devices.

e. County Supported Email -including calendar sharing and wireless mobile phone/tablet syncing of email contacts and calendars (licenses must be purchased for all users and costs incurred to become the responsibility of each of the respective Parties.

f. Management of historical data (back up services).

g. County-supported desktop computer software including MS Office, virus protection, and other relevant business software (licenses must be purchased for all users and costs incurred to become the responsibility of each of the respective Parties) .

h. Data connectivity, VPN and remote support.

1. Software installation and management.

3. Technology Support Services. The County will provide technology support services to the other Parties, including, but not limited to:

a. Installation and repair of County standard hardware.

b. 24hr x 365day Help Desk support for supported technology.

c. After hours support will be provided by the On Call IT Technician.

d. Permission management of network, server and application environment.

e. Back-up and data restoration of files kept on County supported servers to ensure protection of data.

f. Technology Purchasing support and recommendations.

4. Schedule of Technician. The Technician will be deployed and dedicated to the Waynesville Police Department for no less than six (6) hours of support each week. On site hours will be determined as mutually agreed upon. The Technician will be deployed and dedicated to the Maggie Valley Police Department for one (1) day each month, with no less than six (6) hours of support each month. On site hours will be agreed upon. Any and all suppot1requests will be logged and tracked using the Track-It Help Desk software.

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MINUTES5. Estimated Cost of Technical Support Services. The cost of the dedicated on-site Technician

shall be $200.00 per visit. The Waynesville Police Department has budgeted the expense of the position annually at $10,400 that would allow for a weekly site visit for fifty-two (52) weeks. The Maggie Valley Police Department has budgeted the expense of the position annually at $2,800 that will allow for 14 visits during the twelve month period. Severability. In the event any portion of this MOU shall be determined to be invalid under any applicable law, such provision shall be deemed void and the remainder of this MOU will remain in full force and effect.

6. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this MOU.

7. Entire Agreement; Amendments. This MOU constitutes the entire agreement between the Parties with respect to the matters contemplated herein and shall not be modified, amended, altered or changed except by a writing signed by the Parties. Any proposed changes shall be provided to the other Parties in writing no later than December 3 1 of the year prior to the year in which the change is desired.

8. Counterparts. This MOU may be executed in one or more counterparts each of which shall be deemed an original and all of which together shall constitute a single agreement.

9. Renewals /Termination. This MOU will automatically renew each year on the anniversary of the Effective Date, unless terminated by written notice of any Party to all other Parties, no later than December 31 prior to the next anniversary of the annual Effective Date.

TOWN OF MAGGIE VALLEY STREET LIGHT POLICY & PROCEDURE

The Town of Maggie Valley receives numerous requests regarding the monthly operation of streetlights. The primary purpose of streetlights is to provide drivers with quick, accurate, and comfortable visibility at night. A major cause of accidents at night is poor visibility. Street lights aid in reducing these accidents and facilitating the traffic flow.

Citizens should realize that streetlights are provided for traffic safety, not property security. It is true that streetlights do provide some amount of security in residential areas. This, however, is not their primary intent and their monthly operation shall not be considered for security reasons alone. The following is provided to explain the Town's policy and procedure on monthly street light operations.

STREET LIGHT POLICY

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MINUTESTo be eligible for monthly streetlight operation each street light shall conform with at least one of the following conditions:

• The requested location is at the intersection of two (2) or more streets.

• The requested locations is at the terminus (cul-de-sac) of a street in excess of 450 feet in total length.

• The requested location is located at a horizontal or vertical curve of a street, which in the opinion of the Chief of Police, may be hazardous condition to vehicular or pedestrian traffic.

Existing streetlights that receive streetlight operations funds that that do not meet this criteria will have their operation funding eliminated.

STREET LIGHT REQUEST

To be considered for monthly streetlight operations it shall be the responsibility of the property/home owners association to complete the Streetlight Operations Request Form. If no POA/HOA exists then it shall be the responsibility of each affected property owner.

The following information shall be contained in the Street Light Request Form

• Requestor's name, address, telephone number, and reason for requesting the monthly street light operation

• Exact location (street address) of the requested street light (e.g., pole between 628 &

632 Elm Street)

• Pole number