Page 10 of11  Town of Maggie Valley June 11, 2024 MINUTES  Board of Aldermen Regularly Scheduled Meeting  Members Present:  Mayor Mike Eveland Mayor Pro-Tem Jim Owens Alderman. John Hinton Alderman Tim Wise Alderman Phillip Wight Members Absent: None Staff Present:  Vickie Best, Town Manager Kathy. Johnson, Town Clerk Sam Cullen, Town Planner Mike Mehaffey, Public' Works Director Matthew Boger, Police Chief Misty Hagood, Finance Officer Alexus Livesey, Intern Michael Herbertson, Police Officer Craig Justus, Attorney Others Present: Sixteen others were present. Media Present: Paul Nielson Meeting Call to Order  Mayor Eveland called the Meeting to order at 6:29 pm on Tuesday. June 11, 2024, in the Maggie  Valley Town Hall Boardroom, 3987 Soco Road, Maggie Valley, NC: 28751.  Pledge of Allegiance  The Pledge of Allegiance was repeated by all followed by prayer led by Sam Cullen.  Approval of Agenda/Conflict of Interest Declaration There were. no changes toi the agenda and no conflict of interests stated.  Consent Agenda  a. Budget to Actual b. A/R Report Tax Releases  d. Minutes to be Approved: May 8, 14,15, 2024.  Town of Maggie Valley June 11, 2024  Board of Aldermen Regular Scheduled Meeting Minutes    Page2of11  e. Callj for a Public Hearing for a text amendment to the Unified Development f. Callfora Public Hearing. for revisions to the Planning Board Charter.  Ordinance.  AI motion was made by Alderman John Hinton to approve the consent agenda as presented.  The motion carried unanimously. Public Comment  Mayor Eveland reminded everyone there would be public comment at the public hearing and he Michael Whitcraft, a Maggie Valley resident said he was at the meeting to share his experience with being charged al latei fee penalty for a tax bill he never received. He moved to Maggie Valley in! May of 2023. In February, he received an email fromi the previous owner saying hel had received a notification of overdue taxes for his previous address. The same day he went to Town Hall to payt thet taxes and wast toldi iti is not ar requirement to send out taxl bills. "Oddly, during this journey, I discovered this was technically correct. Throughout my attempts to communicate with Town Officials, Isent e-mails and letters on February: 10thand 24th, April 29th and May 20th. On February 29th I received an email from Vickie Best stating I would not be getting a refund siting North Carolina General Statue 105-380 and 105-381." He contacted North Carolina Representative Mark Pless. And within days Mr. Pless spoke with Alderman P. Wight that suggested he attend a Town Meeting and address the situation. He said the Town should have done a better job sending the tax bills to the correct owners. Knowingly sending bills to the wrong people and then charging late fees to the correct people would fall under the category of predatory practices and should be investigated: as such.  opened the meeting to general public comment.  Public Hearing for Fiscal Year 2024-2025 Budget  Mayor Eveland opened the Public Hearing at 6:36 pm and asked Manager Best to read the Budget Ms. Best read: lam pleased to present for your consideration the Fiscal Year 2024-2025/F/24-25 Proposed Budget. This budget, representing the town manager's recommendation, is balanced with respect to revenues and expenditures; meeting all requirements of the North Carolina Local The proposed tax rate of $0.40 is the same tax rate as the FY 23-24 tax rate. The proposed tax rate of $0.40 once again allows Maggie Valley to claim the lowest municipal tax rate within The Town has two distinct funds. The General Fund includes a vast majority of the Town's operations such as police, administration, and public works. The. Sewer Fund includes the Town's  Message.  Government Budget and Fiscal Control Act.  Haywood County.  Wastewater Treatment Plant and' Wastewater Collection System. The Proposed FY 24-25 Budget for eachj fund is: General Fund: $3,829,403 (1.13% increase from FY. 23-24) Sewer Fund: $1,556,641 (10.28% increase from FY23-24) Board of Aldermen Regular Scheduled Meeting Minutes  Town of Maggie Valley June 11,2024    Page3of11  All Funds: $5,386,044 2025 Budget.  Mayor Eveland asked if there was anyone that would like to make public comment ont the 2024- Michael Whitcraft said he has reviewed the budget and questioned the revenue line item for tax interest and penalties? Mayor Eveland said, "We will break it down and get back to you, it is a Mayor Eveland closed the public hearing at 6:39 pm for Counsel discussion. Alderman Phillip Wight confirmed with Manager Best that nothing has changed since the Agenda Setting Meeting.  line item that has multiple items ini it."  Town of Maggie Valley Budget Ordinance Number 1087  BE IT ORDAINED by the Board of Alderman of the Town of Maggie Valley, North Carolina: Section 1: The following amounts are hereby appropriated in the General Fund for the operation of thet town government and its activities for thei fiscal year beginning July 1, 2024 and ending. June 30, 2025, in accordance with the chart of accounts heretofore established for this Town:  Board of Alderman Administration Public Works Police Powell Bill Festival Recreation Debt Service Soco Road Project Total  128,817 730,194 972,672 1,681,418 56,774 187,598 19,950 5,550 10,000 3,792,973  Section2. Itis estimated that thei following revenues willl be available in the General Fund fort the  fiscal year beginning. July: 1, 2024 and ending June 30, 2025:  Current year's property taxes Motor' Vehicle taxes Prior year's property taxes Taxl Interest and penalties Local Option Sales Tax Franchise taxes Local Video Programming Beer & Wine Tax Charges for services Investments Earnings Town of Maggie Valley June 11, 2024  2,036,753 116,209 26,000 8,350 824,753 173,305 42,309 8,191 269,156 45,000  Board of Aldermen Regular Scheduled Meeting Minutes    Page 4 of11  Powell Bill Festival Ground Fees Haywood County SROI Reimbursement Other revenues Fund Balance Total Funding  56,774 42,220 95,705 48,248 0 3,792,973  Section 3. Thet following amounts are hereby appropriated in the Sewer Fund for the operation of the sewer utilities fort thet fiscal year beginning. July 1, 2024 and ending. June 30, 2025, in accordance  with the chart of accounts heretofore approved for the Town:  Administration Operations Debt Service Total  653,901 726,090 176,650 1.556.641  Section 4. Iti is estimated that thet following revenues will be available in the Sewer fund for the  fiscal year beginning July 1, 2024 and ending June 30, 2025:  User Fees System Development Fees Storm Water & Leachate Other Revenues Investment Earnings Total  1,064,322 125,000 50,000 17,000 20,000 280,319 1.556.641  Fund Balance (to offset remaining costs)  Section! 5. There is hereby levied a tax as the rate of forty cents ($0.40) per one hundred dollars ($100) valuation of property as listed for taxes as of January 1, 2024, for the purpose of raising revenue listed "Current year's property taxes' in the General Fund in Section 2 of this ordinance. This rate is based on a total valuation of property fort the purposes of taxation of $524,936,252 and an estimated  rate of collection of 97%.  The budget figures are based on fee: schedules that are evaluated each year and fromi time to time adjusted by the Town Board of Aldermen. The Planning and Sewer rate schedules are attached and Section 6. The Budget Officer is herebyauthorized to transfer appropriations as contained A. He/she may transfer amounts between line-item expenditures within a department without limitation and without a report being required. These changes should not result in an increased B. He/she may transfer amounts up to $1,000 between departments, including contingency appropriations, within the same fund. He/she must make an official report on such transfersat  adopted as part of this budget. herein under thet following conditions:  in recurring obligations such as salaries.  the next regular meeting of1 the Governing Board. Board of Aldermen Regular Scheduled Meeting Minutes  Town of Maggie Valley June 11, 2024    Page5of11  C. He/she may not transfer any amounts between funds, except as approved by the Governing Section 7. The Budget Officer may make cash advances between funds for periods nott to exceed 60 days without reporting to the Governing Board. Any advances that extend beyond 60 days must be approved by the Board. All advances that willl be outstanding at the end of thet fiscal year must Section 8. Copies of this Budget Ordinance shall bei furnished tot the Clerk, to the Governing Board and to the Budget Officer and Finance Officer to be kept on file byt them for their direction in the  Board ini the Budget Ordinance as amended.  be approved byt the Board. disbursement oft funds. Adopted this 11th day of June 2024.  Michael Eveland, Mayor  Attest:  Kathy. Johnson, Town Clerk carried unanimously.  A motion was made by Alderman Tim Wise to adopt Budget Ordinance #1087. The motion  Doug Besler, the Regional Fishery Supervisor will discuss the reduction oft trout.  Doug Besler introduced himself and said he supervises the North Carolina Wildlife Resource Commission's (NCWRC) fishery management program in the western part of NC. The agency has twot trouti facilities and currently stock over a million trout a year in over 175 locations in twenty- six counties in Western North Carolina. The two production facilities are Armstrong State Fish Hatchery in McDowell County and the largest facility is Bobby Setzer Fish Hatchery in the Pisgah Forest. The Bobby Setzer Fish Hatchery was built in 1957 and "We took iti in 1983 from the feds." Thei facility has degraded over time to the point thati the entire facility needs to be replaced. The construction is estimated to begin in January 2025 and last approximately eighteen months for constructions. There will be a reduction for anglers across the board. Everything will be stocked as normal in 2024 but 2025-26 willl be severely impacted. He said "That hatchery produces about 65% of our agency'strout."Thel NCWRC is looking for trout on a private sector and has identified Mr. Besler spoke about the impact of the reduction of fish and ways the impact could be mitigated by alternating stocking. He said the agency is trying to get the word out so anglers will  six different locations where "We can get an additional 600,0001 trout."  know when and where the stocking will be.  Town of Maggie Valley June 11, 2024  Board of Aldermen Regular Scheduled Meeting Minutes    Page 6 of11  Mr. Besler answered questions from Counsel and explained the NCWRC has a stocking permit process for communities that are interested in stocking their streams beyond whati is stocked by  NCWRC.  Request for Donation: Janet Banks for Maggie Valley Community Garden.  Janet Banks said this year marks the tenth anniversary of the Maggie Valley Community Garden. She said she was attending the meeting to aski fora a donation and give and update on the Garden. Last year's harvest included 1,774 pounds of fruits, vegetables and potatoes for people in need in the Mayor Eveland addressed Ms. Banks and said he has spoken with Public Works Director Mike Mehaffey about replacing wood around the raised beds along with any monetary donation. Alderman John Hinton said he has seen firsthand the benefits oft this Garden. Garden in the Amount of $750.00. The motion carried unanimously. Receive the offer for the Waterfall Property for $190,000.  community.  Alderman John Hinton made a motion to make a donation to the Maggie Valley Community  Manager Best said a year and a half ago, the Town was offered $190,000 for the Waterfall property. Kimberly and Wesley Thomas were the first to make an offer in 22/23. They will be Attorney. Justus said after counsel receives the offer, then the bidding process will begin. Anyone A motion was made by Alderman Phillip Wight to receive the offer of $190,000 and start the Budget Amendment Ordinance 1088 for addition to the pavilion. $10,000 grant from the Ms. Best said Budget Amendment Ordinance 1088 is for the $10,000 grant from the Community Foundation of WNCthat, Alderman Tim Wise applied for and was awarded to the Town. The grant A motion was made by Alderman Tim Wise to adopt Budget Amendment Ordinance #1088. The  paying $2500 in earnest money.  that wants to make an offer will be able to do sO during the upset bid phase.  bidding process. The motion carried unanimously.  Community Foundation of WNC.  isk being used to put an awning on the front of the Pavilion.  motion carried unanimously. Other Business  Planner Cullen said Haywood Waterways has decided to move forward with the Stream Bank Restoration project at Maggie Valley United Methodist Church in between the church and the  Town of Maggie Valley June 11, 2024  Board of Aldermen Regular Scheduled Meeting Minutes    Page7of11  park. Haywood Waterways will administer the grant but a local municipality has to be the applicant and they have asked the Town of Maggie Valley to be the applicant. There will be no financial expense to the Town. There will be in-kind labor in permitting. Resolution 24-09 is to  allow staff to apply fori the grant. Mayor Eveland read:  Resolution #24-10  WHEREAS, the Maggie Valley Board of Aldermen desires to sponsor, The Maggie Valley United Methodist Church (MVUMC) Creek Bank Restoration, that will help protect the. Jonathan Creek Watershed and improve the riparian buffer and implement stormwater treatment best  management practices.  NOW, THEREFORE, BE: ITI RESOLVED THAT:  1) The Board requests the State ofl North Carolina to provide financial assistance to the Town of Maggie Valley for The Maggie Valley United Methodist Church (MVUMC) Creek Bank  Restoration in the amount of $ 93,000.  2) The Board assumes full obligation forj payment oft the balance ofj project costs; 3) The Board will obtain all necessary State and Federal permits; expenditure of! public funds by local governments.  4) The Board will comply with all applicable laws governing the award of contracts and the 5) The Board will supervise construction of the project to assure compliance with permit conditions and to assure safe and proper construction according to approved plans and 6) The Board will obtain suitable spoil disposal areas as needed and all other easements or rights- of-way that may be necessary for the construction and operation oft the project without cost or 7) The Board will assure that the project is open for use by the public on an equal basis 8) The Board will hold the State harmless from any damages that may result from the 9) The Council/Board accepts responsibility for the operation and maintenance of the Adopted by the Town of Maggie Valley Board of Aldermen this 11th day of June 2024. A motion was made by Alderman Phillip Wight to adopt Resolution #. 24-10. The motion  specifications;  obligation to the State; with no restrictions;  construction, operation and maintenance oft the project;  completed project.  carried unanimously. Town of Maggie Valley June 11, 2024  Board of Aldermen Regular Scheduled Meeting Minutes    Page 8 of 11  Department Head Reports Mike Mehaffey, Public Works Director  Public Works  Monthly maintenance, general cleaning and repairs at Town Hall, Pavilion, Parham Park, Rathbone/Rich Park, Festival Grounds, Public' Works buildings and Police Department.  Monthly Recyclables approx.10t tons. Monthly Solid Waste approx. 43.5 tons. Monthly' White Goods/Electronics 31 pick-ups.  Picked up miscellaneous residential brush and debris. 225 brush pick-ups that totaled Continue maintenance and repairs on Welcome Banners, Miss Maggie Banners and Spring banners. Perform ditch, culvert, shoulder andi road maintenance along streets. Both private and Town streets. Service and/or repaired 4 Public Works vehicles/equipment 0 Administration and! 5 Police vehicles. Picked upl bagged trash and debris along Highway 19 and Highway 2761 from Fie Top Road1 tot the The Highway 19 Pedestrian Safety project is getting close to finishing. We are waiting on final Public Works continues inspections andi testing of roads, paving and other infrastructure at Mountain The Sweet Brier Parking Lot contract with Custom Paving has been completed. Public' Works continues Public' Works has finished street sweeping. Wel have completed Highway 19, Moody Farm Road, Town Daily and Monthly testing, monitoring and analysis; Monthly cleaning and repairs. Continued yearly sewer line, manhole, easement spraying and creek crossing inspections as Instaled/repaired 4 sewer services issues, cleaned and videoed approximately 450' feet of sewer line, inspected 10 sewer comnections/msialations, repaired/leak stopped 0 damaged Dewatered 88,000 gallons of digester sludge. Lime StabilizedOt tonso ofdewatered sludge.. Also, Worked with business owners, homeowners, contractors and others to help resolve sewer related issues such as rainwater getting into sewer lines, back-ups, video inspection, private Continue monthly sewer easement maintenance. Bush hogging, tree cutting, spraying and This month we received One hundred and five locate requests for NC811. These were all Continue monitoring Johnathan Creek and stream banks for fallen and dead trees that could impact the Town's sewer creek crossings. This is now required by NCDEQ.  15 loads of brush.  Public Works continues upkeep ofa all Towni facilities.  Wastewater Treatment Plant. information from DOT. View Estates.  Changed spring banners to summer banners.  The new fencing at the Sweet Briar parking lot has been completed. doing cleanup, landscaping, additional signage and seeding.  Hall and: subdivision streets.  WWTP  Monthly Road, Levee, equipment and building maintenance.  required by DENR.  manhole and inspected 0 manholes as we continue to work on I&I issues.  wel hauled 32 tons of dewatered sludge to landfill. line or service locations and damage to lines.  debris removal. marked in a timely manner.  Town of Maggie Valley June: 11, 2024  Board of Aldermen Regular Scheduled Meeting Minutes    Page 9 of11  Removed fallen trees and debris from Jonathan's Creek on Moody Farm Road, Stonebridge Grease in the Towns sewer collection system and in the Wastewater Treatment Plant is an ongoing and time-consuming problem. Regular grease trap pumping and maintenance is the key to keeping these problems to a minimum. All food handling businesses are required to have grease-removing equipment installed and to maintainr records of cleaning and maintaining their equipment. The sewer department staff regularly inspects this equipment and looks at records and logs ofthis maintenance. This month we performed eight grease trap inspections. Of these four were found to be non-compliant. We continue to work with all businesses on their grease issues. We provide assistance and education in hopes of reducing the amount of The Mountain View Estates project has started. The contractor has started clearing debris from lots and the storm drainage system that was previously installed. This is another project we will be doing inspections for sewers, stormwater and roads. The first phase of this project will  Campground, Valley Creek and Campbell Creek.  grease in our sewer system.  Reviewed plans and permits for new developments and projects.  continue through the spring. Matthew Boger, Police Chief  Incidents  During this reporting month (May), the Maggie Valley Police Department (MVPD) invetgatedwenty-tiree incidents, whichincluded Breaking and Entering, Larceny, Property Damage, Drug Violations, Simple Assault, Aggravated Assault, Motor Vehicle Theft, and Maggie Valley Police Officers arrested twelve individuals, resulting in twenty-four (24) charges, which included Larceny, Theft, Breaking and Entering, Property Damage, Driving Maggie Valley Police Officers investigated two motor vehicle accidents for the reporting period and issued one-hundred and thirty-two traffic-related charges. Sixty-three-point six percent of charges were for speeding (11 citations and 73 written warnings). THIS LIST IS NOT A COMPREHENSIVE LIST OF ALL THE INCIDENTS FOR THE REPORTING PERIOD. SOME CASES, DUE TO THE INTEGERGY OF THE CASE, CAN NOT BE PUBLICLY Sergeant Flowers responded to Ghost Town in the Sky in reference to trespassing. Two Officer Herbertson responded to an overdose call for service at a residence. Officer Herbertson administered Narcan to an individual who then regained consciousness. The Officer Herbertson attempted to locate an intoxicated moped driver that had been involved inat traffic accident in a neighboring jurisdiction. Officer Herbertson along with Sergeant Wood located the moped and the driver was arrested for Driving While Impaired. He was transported to Haywood Regional Medical Center and charged via criminal summons.  Murder.  Arrests  While Impaired, Trespassing, Assault and Murder.  Motor Vehicle Traffic  Officer Activities  DISCLOSED AT THIS TIME.  individuals were located and arrested for trespassing.  individual was transported by EMS to Haywood Regional Medical Center.  Town of Maggie' Valley June 11, 2024  Board of Aldermen Regular Scheduled Meeting Minutes    Page 10of11  Officer Riddle responded to a suspicious situation at a residence. An investigation occurred and it was discovered that a murder had taken place. The C.I.D. Division has taken over the Sergeant Wood responded to a domestic disturbance call for service at a campground. The suspect was not on scene and Sergeant Wood drew warrants for assault on the subject. Sergeant Wood was assisting NCSHP with a license check and placed a subject under arrest for DWI. The subject was transported to Haywood County Detention Facility. Officer Greene responded to a residence in reference to atrespassing callf fors service. Areport Officer Greene responded to Ghost Town ini the Skyi in reference to a breaking and entering K-9 Officer Bellows responded to a domestic disturbance call for service at a motel. A subject who was being investigated on scene had an active warrant for arrest. The subject was taken Evidence Technicians O. Murphyand: S. Justice processed eighty-five (85)i items for the month. Evidence includes narcotics, narcotics paraphernalia, firearms, firearms accessories, other  case.  was documented.  and larceny of items call for service. A report was documented. into custody and transported to Haywood County Detention Facility.  Evidence Processing (E/P)  weapons, cellphones, currency, and personal property. Detective Crocker worked extra duty for Thunder ini the Smokies  Investigations (CID)  Detective Crocker took a report in reference to a larceny from a job site. None of the items Detective Crocker responded to a civil disturbance between two neighbors. They are in the Detective Crocker is currently investigating a homicide that occurred on Memorial Day.  were entered NCIC at this time.  middle of an eviction process that will hopefully resolve soon.  Charges have been filed.  K9 Program  The K9 teams logged fifteen training events and one deployment.  Community Patrol and Interactions  Maggie Valley Officers patrolled through our residential neighborhoods several times this Maggie Valley Officers responded to 410 Calls for Service (CFS) in this reporting period. The average number of calls for service per day has been consistently around 10 for the last  month.  Maggie Valley Officers performed their monthly business visits. several months. This month the CFS's has greatly increased. Sergeant' Wood and Officer Greene attended Intox class. K-9 Officer Bellows completed two (2) DCI courses.  Events, Schools, and Meetings  The Maggie Valley Police Department received recognition from Judge Letts and ADA: Smith for their work on a murder case. Rhonda Rankin-Evans pled guilty to 2nd Degree Murder of her husband, Wayne Evans in 2022. Rankin-Evans will now spend at least twenty (20) years in prison. Judge Letts and ADA Smith spoke highly of Chief Boger's and Detective Crocker's diligence and commitment to the case and the well-organized case file they presented.  Town of Maggie Valley June 11, 2024  Board of Aldermen Regular Scheduled Meeting Minutes    Page 11 of11  Sam Cullen, Town Planner  Five Residential Permits: New Structures at Sleeping Bear Ridge, Buck Mountain Road,  Kadire Drive, Whippoorwill Way, and 313 Cub Trail. One Commercial Permits for Food' Truck Permit, Poppy. Joe's.  No Floodplain Permits Issues.  Ten In person consultations: HOA's, E.V. Chargers, IT issues, and Board Room Audio Five Final Zoning Compliance: 17 Alaska Lane, 95 Rockin Chair, 151 Wildbrook Drive, 575 Three Misc. requests: Dellwood Baptist Sewer Permit, and two Town of Maggie Valley Twelve Notice of Violations: Grass; 579 Soco Road, 3376 Dellwood Road, 960 Moody Farm Road, 2381 Soco Road, 4077 Soco Road, 12 Lisa Lane, 144 Summit Drive, 4521 Soco Road, 100. Johnson Branch Road, 1437 Moody Farm Road. Solid Waste, 4438 Soco Road. Junk Twelve Resolved Violations: Grass; Soco Road, Henry Dingus Way, Caldwell Drive, 579 Soco Road, 3376 Dellwood Road, 960 and 1437 Moody Farm Road, 4077 and 4521 Soco Road, 144 Summit Drive, RV: at 74 Caldwell Drive, Solid' Waste; 4438 Soco Road.  and 5961 Twinbrook Lane. permits.  Vehicle, 129 Deer Run Road.  In May the Planning Department:  Attended the regularly scheduled meeting oft the MPO.  Met with local stakeholders to discuss the lack of funding for transportation projects in Met with NCDOT to discuss upgrades to Hwy 276, in particular plans for the new Hosted a meeting of the ZBOA where a setback variance was issued to a property owner Met with developers in preparation for preliminary plat approval of the Valley View  the region.  roundabout at the intersection of Jonathan Creek and Soco Road.  off Enchanted Way. subdivision off. Johnathan Creek.  Adjournment unanimously.  A motion was made by Alderman Tim Wise to adjourn the meeting at 7:22 pm. The motion carried  Attest: MhD  Mike Eveland  Vickie'B Town P 'Best,  Mayor  Manager  KathyJ Johnson, Town Clerk/ Town of Maggie Valley June 11, 2024  etn  Board of Aldermen Regular Scheduled Meeting Minutes