TOWN OF SEVEN DEVILS

TOWN COUNCIL

MINUTES – REGULAR SESSION

August 13, 2007

 

 

The Town of Seven Devils Town Council met in regular session on Monday, August 13, 2007 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 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.

 

ADOPT AGENDA

 

Mayor Pro Tem DeMott made a motion to adopt the agenda.  Council Member Wilkinson seconded the motion.  The members agreed unanimously. 

 

APPROVE MINUTES

 

·        Approve Minutes of July 9, 2007 Regular Meeting

 

A scrivener correction was made to the July 9, 2007 minutes.

 

Council Member Ehlinger made a motion to approve the July 9, 2007 minutes as amended.  Mayor Pro Tem DeMott seconded the motion.  The members agreed unanimously.

 

CITIZEN COMMENTS

 

Sarah Manning, 277 Four Diamond Drive told the Town Council six residents of Seven Devils have formed a Seven Devil Voter Information Group.  The purpose of the group is to gather and provide information to voters in Seven Devils so that they may participate more easily and with accurate information in municipal and county elections.  The information will be placed in Town Hall for ease of access.  The second objective is to sponsor a "Meet the Candidate Forum" in mid-October.  The forum will give an opportunity for Town Council candidates to introduce them selves, state their hopes for the Town and respond to written questions from the audience.  The next scheduled meeting for Seven Devils Voter Information Group will be on Tuesday, August 21st, 9:00 am at Foscoe Community Center.

 

 

STAFF UPDATE

 

The Town Manager made the following additions to the Administrative Update. 

 

The Town Manager informed the Town Council that the Town Seal is now officially registered by the State of North Carolina.  The annual financial audit was conducted by Martin Starnes last week.  In his opinion everything had gone well but he did not know how long it would be for the final results.  He requested all wanting to attend the High Country Council of Government Annual Banquet at Linville Ridge in September let him know so he can make reservations.  He announced the High Country Municipal Association meets Thursday, August 16th, 6:00 pm at Beech Mountain and that Mr. Ellis Hankins, the Executive Director of the League of Municipalities, will be speaking.

 

 

 

 

OLD BUSINESS

 

A.     Action on the Land Formerly Known as the Golf Course – Noble Hendrix said the Town Council had formed a committee to provide a Feasibility Study on the Golf Course property and presented the Town Council with a resume, letter and contract from Peter Dejak from Signet Golf Associates.  Signet Golf Associates will provide the Town of Seven Devils with a Feasibility Study and a fair analysis of Hawk's Nest Golf Club as a business venture for the Town for a fee of $5,000 plus expenses not to exceed $500.  The total for the project would be $5,500.  Mr. Hendrix told the Council that the Seven Devils Community Association would pledge fifty per cent (50%) of the cost of the project and would provide the funds to the Manager upon the signing of the contract.  Council Members Ehlinger and Wilkinson voiced concerns of spending more Town money on the report.  After a lengthy discussion the Council agreed to defer the decision of a Feasibility Study until Friday, August 24th, 2:00 pm.  - OPEN –

 

B.     Action on Tennis Courts – Town Attorney Rob Angle – Attorney Angle presented a draft of an agreement to the Town Council.  He said, "It is an agreement between the Board of Hawks Peak West Homeowner Association and the Town of Seven Devils.  It will not be part of the Deed it is just a good faith effort to try and come to a compromise."  He then read the agreement:  Hawks Peak West Homeowner Association and the Town of Seven Devils agree if the Town of Seven Devils ever decides they do not want to own the tennis courts, they will contact and discuss the future of the tennis courts with the Board of Directors of Hawks Peak West Homeowners Association and consult with them concerning a mutually beneficial use and/or upkeep of the tennis courts.  Attorney Angle said, "Basically the Town's commitment is to contact them and to talk with them.  Hawks Peak West Homeowner Association feelings are Mark Harrell made a lot of promises to them and he did not keep any of the promises except the tennis courts.  They do not want to upkeep the tennis courts but they do not want to loose all rights or access to use them."  The Town Council discussed the agreement.  The Council requested the Town Attorney discuss the agreement with Alan Mosley and Mark Harrell to verify it meets their approval.

 

Mayor Pro Tem DeMott made a motion to approve the agreement if it meets the approval of Alan Mosley and Mark Harrell.  Member Ehlinger seconded the motion.  The members agreed unanimously. – OPEN -

 

C.      Action on Support for Avery County YMCA – The Town Council asked the Town Manager if guest and renters would be allowed to use the facilities and if there would be a reduced rate.  The Town Manager stated, "The reduced rate is only for the residents."  The Town Council discussed an amount of a pledge and agreed to discuss this with other municipalities at the HCMA meeting on Thursday, August 16th.  The Council deferred the decision.    – OPEN - 

  

NEW BUSINESS

 

A.     Approve Recommendation from Seven Devils Planning Board – Mayor Dodson asked Loren Williams if he would like to address this recommendation.                                                   Loren called every ones attention to the Seven Devils Seal and pointed out there are four quadrants to the seal.  Two sections represent the natural beauty of the area.  One quadrant represents the residential nature of the community.  The third quadrant represents recreation in terms of golf and skiing.   He stated, "I feel the Comprehensive Land Use Plan and Vision Statement do a good job addressing, the beauty of the area and the residential community however, recreation has been virtually ignored."  He suggested a recreation committee be formed to research desires, possibilities, costs, and develop a recreation plan for the Town of Seven Devils which, in the future, could be adopted as part of the Comprehensive Land Use Plan or a separate Ordinance.     

 

Mayor Dodson made a motion to approve the Planning Board to appoint a committee with members from the Planning Board and others as needed to prepare a Recreation Plan for the Town of Seven Devils for submission to the Town Council.  Mayor Pro Tem DeMott seconded the motion.  The members agreed unanimously.  – CLOSED - 

 

B.     Approve Planning Board Members to attend "Are We Ready for Change?"  – Member Copley stated she is on the committee that is sponsoring this and it sounds like it is going to be a very informative program with a lot of demographic, economic, infrastructure information and an excellent opportunity for net working. 

 

Member Copley made a motion to approve the Planning Board Members attend the September 5th & 6th program on "Are We Ready for Change?"  Member Ehlinger seconded the motion.  The members agreed unanimously.  – CLOSED -

           

COMMITTEE REPORTS

 

A.            Planning Board – Member Copley suggested Planning Board Chairman Hooper contact Cooperative Extensions regarding a High Quality Water Area Map. 

 

B.   Public Works – Member Copley informed the Council that two additional paving projects had been requested and that Kevin Aldridge and David Poore are to evaluate each road and give the evaluation to the Town Manager.  The Town Manager can then determine if there is funding for Moretz to do this project while they are on the mountain paving Alpine and the other projects.         

       

C.  Public Safety – Member Ehlinger informed the Council that letters and certificates of appreciation for the SafetyFest have been mailed.  She also stated wish lists have been sent out to the Fire Department, Police Department and Maintenance.     

       

D.  ABC Board – There were no additional comments.

 

E.            Financial Report – Mayor Dodson made a motion to accept the financial report.  Council Member Wilkinson seconded the motion.  The members agreed unanimously.  

 

F.   TDA – There were no additional comments. 

 

TOWN COUNCIL COMMENTS

 

Mayor Pro Tem DeMott made an announcement that Watauga Riverfest is Saturday, August 18 from 10:00 to 3:00 at Valle Crucis Park. 

 

Council Member Copley passed out a document on Adequate Public Facilities Ordinance.  

She explained the general purpose is to see to it that needed infrastructure is in place when development moves forward.  She then described some ways other municipalities are using the Adequate Public Facilities Ordinance in their communities including; law enforcement, patrol cars & equipment, fire protection, community parks, greenway, storm water management, roads, water projects, and schools.  She then read names of counties that she had found in a Google search that are considering or have adopted the Adequate Public Facilities Ordinance and the fees involved.  Discussion followed among the Council regarding buildable land remaining in Seven Devils, additional demands on the Towns water supply and the necessity of an Adequate Public Facilities Ordinance.  Member Copley told the Council she would continue to do research on the Adequate Public Facilities Ordinance and would forward significant information to the Council.                                       

 

RECESS

 

At 6:38 pm, Mayor Dodson made a motion to recess until Friday, August 24th at 2:00 pm.    Council Member Wilkinson seconded the motion.  The members agreed unanimously.

 

 

 

 

TOWN COUNCIL MEETING CONTINUATION

Friday August 24th, 2007

 

The Seven Devils Town Council reconvened at 2:00 pm on Friday, August 24th, 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 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 2:02 pm.  Council Member Wilkinson seconded the motion.  The members agreed unanimously.

 

Mayor Dodson asked Noble Hendrix if he had anything to present to the Town Council.  Mr. Hendrix stated The Seven Devils Community Association had met and agreed to reimburse the Town one hundred per cent (100%) of the cost of the Feasibility Study because they feel this Study is extremely valuable to the Town of Seven Devils.

 

Member Copley asked who would be the client and Mr. Hendrix explained the Town would be the client and upon being presented a bill by Signet Golf the Town would pay the bill and Seven Devils Community Association would reimburse the Town immediately. 

 

The Council discussed the importance of a Feasibility Study.  How it would provide the Town with information which could assist them in determining if this is an economically feasible project for the Town and the value this study may provide to potential purchasers or leasers regarding financial viability.  Member Copley voiced concerns of Signet Golf utilizing the original appraisal completed for the golf course since the Cottoms had disagreed with the appraisal and considered it low.  Mr. Hendrix said, "Signet Golf is aware of the controversy over the original appraisal and they will be using their own figures."  Mr. Hendrix was asked who will be making recommendations for estimated cost of construction, additional improvements to the design and playability of the golf course.  Mr. Hendrix said, "Signet Golf are operators, designers and reconstructors of golf courses throughout North Carolina.  This is their expertise and they will be making the recommendations."   

 

Vance Duggan was asked if Signet would be given access to records and the golf course property to complete the study.  Mr. Duggan told the Council Signet will be given access to the golf course property and should contact him for an appointment.  He stated there has not been an agreement regarding records. 

 

Mayor Pro Tem DeMott made a motion for the Town Council to accept the contract from Signet Golf Associates to complete a Feasibility Study on Hawk's Nest Golf Club for the Town of Seven Devils.  Member Ehlinger seconded the motion.  The members agreed unanimously. 

 

ADJOURN

 

At 2:15 pm, Mayor Pro Tem DeMott made a motion to adjourn.  Council Member Ehlinger seconded the motion.  The members agreed unanimously.

 

 

 

 

 

 

 

   

______________________________                        ______________________________

 

Bob Dodson, Mayor                                                  Karen E. Daniels, Town Clerk