TOWN
OF SEVEN DEVILS
TOWN
COUNCIL
MINUTES
REGULAR SESSION
June
11, 2007
The
Town of Seven Devils Town Council met in regular session on Monday, June 11, 2007
at Town Hall. Members present were
Mayor Bob Dodson; Mayor Pro Tem Richard DeMott; and Council Members Bill
Wilkinson, Kay Ehlinger, and Town Attorney Rob Angle. Absent and excused was member Kathy Copley. Also in attendance were Town Manager Brad
Lambert and Zoning Administrator Don Fulkerson. Town Clerk Karen E. Daniels recorded the minutes.
CALL TO ORDER
Mayor Dodson called the meeting to order at 5:31 pm.
PLEDGE OF ALLEGIANCE
Council Members and citizens
recited the Pledge of Allegiance.
APPROVE MINUTES
·
May 14, 2007
Regular Meeting
·
June 4, 2007
Public Hearing
Scrivener corrections were made by the Town Council to the
May 14, 2007 minutes.
Council Member Ehlinger made a motion to approve the May
14, 2007 minutes as amended. Mayor Pro
Tem DeMott seconded the motion. The
members agreed unanimously.
Mayor Pro Tem DeMott made a motion to approve the June 4,
2007 minutes. Council Member Wilkinson
seconded the motion. The members agreed
unanimously.
ADOPT AGENDA
The Town Council agreed to add to XI. NEW
BUSINESS (E.) Water Conservation.
Mayor Pro Tem DeMott made a
motion to adopt the agenda as amended. Council
Member Ehlinger seconded the motion.
The members agreed unanimously.
PUBLIC HEARINGS
Public Hearing Concerning the Town
Council's Solicitation of Public Comment Concerning Possible Eminent Domain
Action on the Former Golf Course.
Mayor Pro Tem DeMott made a
motion to open the Public Hearing. Council
Member Wilkinson seconded the motion.
The members agreed unanimously.
Mayor Dodson stated each speaker
will be given three minutes. Mayor
Dodson called the individual names from the speaker sign-in list and instructed
all speakers to state their name and address.
With more than 100 residents and
visitors attending the hearing, many strong opinions were voiced to the Seven
Devils Town Council regarding the possible eminent domain action.
A few owners expressed concerns
that property values had dropped due to the closing of the golf course. Some felt the Town should pursue every
avenue to obtain the golf course including eminent domain. There was discussion of whether eminent
domain should be used for obtaining a golf course or only for more critical
things like public health and safety projects.
Others expressed concerns the Town would need to have a large tax base
to subsidize the golf course. Some
felt the increased taxes would outweigh the loss of property value that
resulted from the course's closing. Concerns
of maintaining the current vision statement, keeping out huge condos, high
rises and maintaining single-family type development was expressed. Environmental issues of storm water runoff,
Valley Creek and Watauga River were also discussed. Many citizens felt independent feasibility & engineering studies;
estimated rehabilitation cost; detailed business & construction plans and
operation cost should be reviewed and evaluated before any action is
taken. Compromise with a local property
association to negotiate and reach fair market value, whether through appraisal
or arbitration was discussed.
After an hour and half of remarks,
the Seven Devils Town Council deferred their decision to a later date until
more studies and information can be obtained.
Mayor Pro Tem DeMott made a
motion to close the Public Hearing. Council
Member Wilkinson seconded the motion.
The members agreed unanimously.
Public Hearing Concerning the Preliminary
Plat for St. Lauren's Court Development - McGill Associates, PA on Behalf of
Mr. Max Thomas. The Plat Proposes Seven
Lots on 9.6 Acres at the End of Bridal Path.
Mayor Pro Tem DeMott made a
motion to open the Public Hearing. Council
Member Wilkinson seconded the motion. The
members agreed unanimously.
Shad Walters from McGill
Associates introduced himself. He
stated he represents the property owner Max Thomas on the proposed St. Laurens
Court subdivision and is present to request approval of their preliminary plat. The subject property is approximately 9.7
acres and will consist of seven lots.
He stated the plan is to put the proposed road in the existing Bridal
Path road that goes down to the well.
This actually creates 1.6 acres of open space, including the well area
along with other areas that are set aside for open space. He stated the property will be served with
public water that will be extended from Greenview Trail to the very last lot
and will also have a new paved 16' road.
Mayor Pro Tem DeMott made a
motion to close the Public Hearing. Council
Member Wilkinson seconded the motion. The
members agreed unanimously.
CITIZEN COMMENTS
Kay Lambert, 430 Wildcat Rocks
Road stated she is very glad the current improvements to Town Hall of the
library, bathrooms, and kitchen were in place for our guest this evening. She said we can look forward to Town Hall being
more improved when the outside painting is completed.
STAFF UPDATE
The Town Attorney gave an update
on the tennis courts. A resident of the
Hawk's Peak West Homeowners Association proposed if the Town doesn't want to
take on a permanent maintenance, perhaps the association would take over the
tennis courts at some point and time. The
Town Attorney stated he would continue to look into this matter.
The Town Manager stated that Fire
Chief Bobby Powell has once again been successful in getting a $20,000.00
matching grant for fire equipment.
Mayor Dodson asked the Town
Manager to describe what paving will be done this summer. Paving of Alpine, Wildcat Rocks, and portions
of Grandview are included in that budget for FY 2008.
ADDRESS ON CHIEF JOE RAY BUCHANAN MR.
YARDY WILLIAMS
Mayor Dodson introduced Yardy
Williams. Yardy thanked the Mayor for
giving him the opportunity to recognize and honor Chief Joe Ray Buchanan for
the many contributions to the Town of Seven Devils. He said Chief Buchanan is
held in high esteem by Seven Devils, as well as, other law enforcement
officials in surrounding communities.
He spoke in great detail of Joe's leadership abilities, thoughtfulness
and dedication of 28 years.
Mayor Dodson announced that June
29th is Joe Ray Buchanan day and there will be a retirement party at
Town Hall for Chief Joe at 11:00 am. He
encouraged everyone to attend.
OLD BUSINESS
A. Approve Fiscal
Year 2008 Town Budget The Town Council reviewed the FY 2008 Budget. The Mayor noted starting with the new fiscal
year, which begins July 1, 2007, customers will receive a water bill once every
quarter. He said to encourage water
conservation, the decision was made to adopt a tiered system of 9001 to 15000
gallons/$0.01/gal; 15001 to 21000 gallons/$0.02/gal; and 21001 gallons and
over/$0.03/gal.
Mayor Pro Tem DeMott made a
motion to approve the 2008 budget. Council
Member Wilkinson seconded the motion. The
members agreed unanimously. CLOSED -
B. Approve
Preliminary Plat for St. Laurens Court -
Council Member Wilkinson made a
motion to approve the Preliminary Plat for St. Laurens Court. Mayor Pro Tem DeMott seconded the motion. The members agreed unanimously. CLOSED -
NEW BUSINESS
A. Approve FY 07
Budget Amendment The Town Manager reviewed the adjustments to the
FY '07 Budget. He noted Ad Valorem
Taxes revenue for this year is at 99.442%.
Mayor Dodson made a motion to
approve the FY 07 budget amendment. Council Member Wilkinson seconded the
motion. The members agreed unanimously.
CLOSED -
B. Approve Plans
for Retirement Ceremony for Police Chief The Town Manager described the
plans and awards for Chief Joe Buchanan's retirement party to the Council.
Mayor Pro Tem DeMott made a
motion to approve the plans for a retirement ceremony for Chief Joe Ray
Buchanan. Council Member Ehlinger seconded
the motion. The members agreed
unanimously. CLOSED -
C. Action on Cards
Support U.S. Troops
Mayor Dodson made a motion to
approve cards of support to U.S. Troops.
Mayor Pro Tem DeMott seconded the motion. The members agreed unanimously.
CLOSED -
D. Action on Town's
Support of 2007 Litter Reduction Act
Mayor Pro Tem DeMott made a
motion to do a resolution in support of the 2007 Litter Reduction Act. Council Member Ehlinger seconded the
motion. The members agreed
unanimously. CLOSED
E. Water
Conservation Council Member Wilkinson stated we are in a severe drought and it is the
worse drought I have seen in over thirty two years. He stated the Watauga River is down to approximately 500 gallons
a minute flow and normally, this time of year, the flow is approximately 1500
gallons a minute. The Council requested
the Town Clerk to place an article in the next Echo requesting residents to
save water through voluntary conservation measures. CLOSED -
COMMITTEE REPORTS
A. Planning Board There were
no additional comments.
B. Public Works There were no
additional comments.
C. Public Safety Council Member Ehlinger
explained low traffic at Seven Devils is the reason for the reduction in booths
at SafetyFest this year. Kay Lambert stated
they have notified people who have committed to booths, informed them of the
situation and left it up to them whether to come and do a booth or to
cancel. Council Member Ehlinger stated
she thought we would have a stain glass booth, woodworking booth; resort club
booth and public safety would also have a booth selling memorabilia.
D. ABC Board There were no additional
comments.
E. Financial Report Mayor
Dodson stated we have already approved the acceptance of the financial report.
F. TDA There were no additional
comments.
COUNCIL COMMENTS
The Council agreed to schedule a
workshop for 10:00 to 12:00 on Monday, June 18th.
RECESS
At 8:07 pm, Mayor Dodson made a motion to recess until 10:00 am on Monday, June 18th, 2007. Mayor Pro Tem DeMott seconded the motion. The members agreed unanimously.
TOWN COUNCIL WORKSHOP
Monday, June 18th, 2007
The Seven Devils Town Council
reconvened at 10:00 am on Monday, June 18th, 2007 at Town Hall. Members present were Mayor Bob Dodson; Mayor
Pro Tem Richard DeMott; and Council Members Bill Wilkinson; Kay Ehlinger; and
Kathy Copley. Also in attendance were
Town Manager Brad Lambert and Zoning Administrator Don Fulkerson. Town Manager Brad Lambert recorded the
minutes.
Mayor Pro Tem DeMott made a
motion to come out of recess at 10:05 am.
Council Member Copley seconded the motion. The members agreed unanimously.
Mayor Pro Tem DeMott stated he
felt the Town needed to go beyond eminent domain and address the issue of
stormwater runoff and how to control the problem
Council Member Ehlinger stated she
believes the general consensus is we want to see what we need to do to keep a
golf course at Seven Devils. However, she
personally felt a private party purchasing the land would be best.
Council Member Copley stated although
she was not at the last meeting, she had reviewed the letters and e-mails and some
of the options mentioned were; the Town seek out a buyer for the golf course;
the Town seek out a developer for the golf course and destination hotel; the
Town or people interested in having a golf course create a consortium or
syndicate, which would place the burden of purchasing and maintaining the golf
course on the people who will benefit from it; a nine hold course; a nine hole
course plus multi unit condominiums offering an incentive to a potential
developer or private investor.
Mayor Dodson asked Bob Grosby if
he had been in touch with Leonard Cottom regarding his proposal. He stated he had spoken with Leonard on June
12th and Leonard said if they wanted to make an offer, he would listen. The position of the committee was that the
appraisal should be based upon what is legally permissible now and Leonard
disagreed with this. He said it should
be based upon what could be done with the property with respect to extending
the ski area.
The Council had a lengthy
discussion regarding storm water, flooding, drainage systems, parking issues;
availability of water and fire safety concerns. Eminent domain, potential
lawsuits and the value of the property based upon current zoning of
recreational business and the potential that the land might be rezoned and used
for transitional housing was also discussed.
The Council agreed feasibility
studies and financial reports are needed before they can proceed. Noble Hendrix reminded the Council that
"Seven Devils Community Association" has committed to help finance
economic studies and long term plans on whether or not is financially feasible
for the Town to purchase the golf course.
Lenny Cottom stated no one is
going to purchase the golf course if it cost $500,000.00 just to do the
drainage unless they see a way to develop the property and recoup their
loss. A developer would want to know in
advance that they are going to be able to build 200 units or whatever to make
him comfortable that they will get their money back. Something has to be given up.
You can not have both skiing and golf.
If the town wants golf, you will have to give the skiing up. If the skiing is to remain, you need to give
some of the golf course up to allow for ski expansion.
Council Member Copley stated I
have heard complaints regarding the appearance of the golf course. She asked Lenny if he was allowed to expand
the skiing at what level would he maintain the golf course property that
remains empty. Lenny stated he would
probably mow the golf course twice a year. He would not maintain greens and
tees but it would look nice and be better than it is now.
Council Member Wilkinson asked
Lenny if he would give consideration to turning some of the property into
walking trails for the public. Lenny
said absolutely.
Mayor Dodson asked Lenny if he
would be willing to lease the golf course to someone who is willing to put the
course into good shape. Lenny said if there is an interested party he would
certainly consider it.
RECESS
Mayor Dodson made a motion to
recess until Thursday, June 21st at 10:00 a.m. Mayor Pro Tem DeMott seconded the motion. The members agreed unanimously.
TOWN COUNCIL WORKSHOP
Thursday June 21st, 2007
The Seven Devils Town Council
reconvened at 10:00 am on Thursday, June 21st, 2007 at Town
Hall. Members present were Mayor Bob
Dodson; Mayor Pro Tem Richard DeMott; and Council Members Bill Wilkinson; Kay
Ehlinger; and Kathy Copley. Also in
attendance was Town Manager Brad Lambert.
Town Clerk Karen E. Daniels recorded the minutes.
Mayor Pro Tem DeMott made a
motion to come out of recess at 10:04 am.
Council Member Copley seconded the motion. The members agreed unanimously.
Mayor Dodson presented a letter
from the Mayor of Boone Loretta Clawson requesting Seven Devils endorse the
Town of Boone's request that NCDOT consider project enhancements to the King
Street widening (Project U-4020).
Council Member Copley made a motion
to send a letter to Ed Lewis of NCDOT endorsing the Town of Boone's request for
project enhancements to the King Street widening (Project U-4020). Council Member Wilkinson seconded the
motion. The members agreed unanimously.
Council Member Copley made a
motion to schedule a public hearing to add a subsection (inspection and
testing) which includes proofrolls to the appropriate Town of Seven Devils
ordinances. Mayor Pro Tem DeMott seconded
the motion. The members agreed
unanimously.
Mayor Dodson stated we are here
to talk to the Cottoms about the golf course land, ski area and what we can do
to work together to achieve both skiing and golfing at Seven Devils. Lenny Cottom presented an aerial map and pictures
explaining his ideas for expanding the parking, ski slopes and tubing park at
Hawksnest. Council Member Copley asked
Lenny how many acres the parking lot would consist of and if that land would be
still be playable for golf. Lenny said
approximately two acres and one thing you might be able to do is play that as
hazard area, like a lake. A lengthy
discussion followed regarding the expansion of Hawksnest. He stated he does not feel that he should be
required to get a special use permit.
He feels only a grading permit should be adequate. Mayor Dodson stated an application for an
appeal is to be filed within thirty (30) days of the Zoning Administrator's
decision. He asked Lenny if he had
applied for an appeal. Lenny stated he
had not filed the paper work.
The Council agreed to form a
special committee to handle further decisions regarding the golf course. Names suggested to be on the committee were;
Noble Hendrix; Ernie St. Louis; Bill Dierckson; Bob Bridges; George Ehlinger
and David Hooper.
Council Member Copley made a
motion to issue a Proclamation declaring June 21st, 2007 "Joe
Ray Buchanan Day". Mayor Pro Tem
DeMott seconded the motion. The members
agreed unanimously.
RECESS
At 11:27 am Mayor Pro Tem DeMott made
a motion to recess until June 25th, 10:00 am. Mayor Dodson seconded the motion. The members agreed unanimously.
TOWN COUNCIL WORKSHOP
Monday June 25th, 2007
The Seven Devils Town Council
reconvened at 10:00 am on Monday, June 25th at Town Hall. Members present were Mayor Bob Dodson; Mayor
Pro Tem Richard DeMott; and Council Members Bill Wilkinson; Kay Ehlinger; Kathy
Copley and Town Attorney Rob Angle.
Also in attendance were Town Manager Brad Lambert and Zoning
Administrator Rob Angle. Town Clerk
Karen E. Daniels recorded the minutes.
Mayor Pro Tem DeMott made a
motion to come out of recess at 10:03 am.
Council Member Wilkinson seconded the motion. The members agreed unanimously.
Mayor Dodson stated the meeting
today is to convene a special committee to serve in a golf course study.
Lenny Cottom presented a photo of
proposed property changes for parking, tubing and skiing to Hawksnest. He reviewed his ideas with the Town
Council. Council Member Wilkinson asked
Lenny if he could reposition the lights to reflect of the valley in lieu of people's
houses. Lenny stated this could be
done.
Council Member Copley asked Lenny
if the mortgage of $110,000 is on the golf course or the golf course and ski
resort. Lenny said that is just for the
golf course. Council Member Copley
asked how the lease would work during the time that the ski resort is using the
course. Lenny stated the Town of Seven
Devils will have rights to the property from May to October. However, he would need the lease to cover
the mortgage for twelve months as well as the insurance.
The Town Council agreed the golf
course committee needs time to do studies and analysis before any lease
agreement could be reached. Council
Member Wilkinson suggested the committee get as much free advice as possible. Council member Copley suggested the
committee divide up tasks such as; reconstruction estimates, operation
expenses, and lease options.
The issue of storm water issues
with or without a golf course was discussed in depth. Mayor Pro Tem DeMott suggested looking into grants and
funding.
Mayor Dodson stated he does not
see spending money to resolve these issues unless we have some type of lease
agreement. It was suggested the owners
of Hawksnest make a proposal for the Council and golf committee to review so
they have a bottom line figure to work with. Then the Town would have a figure
to go to a financial backer and start to discuss funding.
Lenny Cottom asked the Town
Council where he stands with his request for the ski slope expansion. Mayor Dodson stated you have made a request
and the Zoning Administrator made a judgment that you need a conditional use
permit. According to the ordinance, an
appeal of his decision goes to the Board of Adjustment
Lenny then asked, Where is the
incentive for us to lease the golf course?
Mayor Dodson stated the lease would provide an upgrade in the storm water
system as well as income and Council support.
Council Member Wilkinson said you also get a pasture turned back into a
golf course
There being no further business
to bring before the Council at 11:55 am Council Copley made a motion to recess
until June 29th, 9:00 am.
Member Wilkinson seconded the motion.
The members agreed unanimously.
TOWN COUNCIL WORKSHOP
Friday June 29th, 2007
The Seven Devils Town Council
reconvened at 9:00 am on Friday, June 29th at Town Hall. Members present were Mayor Bob Dodson; Mayor
Pro Tem Richard DeMott; and Council Members Bill Wilkinson; Kay Ehlinger; and
Kathy Copley. Also in attendance was
the Town Manager Brad Lambert. Town
Clerk Karen E. Daniels recorded the minutes.
Mayor Pro Tem DeMott made a
motion to come out of recess at 9:02 am.
Council Member Copley seconded the motion. The members agreed unanimously.
Mayor Dodson asked Council Member
Wilkinson if he had met with Lenny Cottom regarding the lease. Council Member Wilkinson stated due to the
large storm on Wednesday and because Lenny was out of Town yesterday, we were not able to get together. We have agreed to postpone this to a later
date.
Mayor Dodson asked Lenny if he
had given further thought to the lease.
Lenny stated if you want a lease you are definitely going to have to
give up some things so I can make up the lost revenue from the golf course. You need to do some changes to the zoning so
I can do more with my property.
Council Member Copley asked Lenny
to explain to the Council what revenue he would be loosing, as the golf course
is currently closed. Lenny stated he is
not going to let the land sit in the summer time. He is going to do summer tubing or something to bring in
revenue.
Council Member Wilkinson and
Ehlinger stated they do not want to see the Town sink more money into
studies. There was discussion of the
Town joining with other Counties to purchase or lease the course.
Noble Hendrix said they had met
and examined many different types of financing and due to lack of collateral
and the amount of the lease, we feel that obtaining financing would be
extremely difficult. We also felt that
the cash flow to the Town in comparison to the amount of the lease would quite
often be negative and is not in the best interest of the Town. After a lengthy discussion regarding
financing and impact on the Town, the Council made the decision to take no
action at this time.
ADJOURN
At 10:55 am, Council Member
Ehlinger made a motion to adjourn.
Council Member Copley seconded the motion. The members agreed unanimously.
_______________________ ______________________________
Bob Dodson, Mayor Karen E. Daniels, Town Clerk