TOWN
OF SEVEN DEVILS
TOWN
COUNCIL
MINUTES
– REGULAR SESSION
October
8, 2007
The
Town of Seven Devils Town Council met in regular session on Monday, October 8, 2006
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 5:30 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 Ehlinger seconded the motion.
The members approved unanimously.
APPROVE MINUTES
·
September
10, 2007 Regular Meeting
Council Member Ehlinger made the motion to approve the September
10th, 2007 minutes. Mayor
Pro Tem DeMott seconded the motion. The
members approved unanimously.
PUBLIC HEARING
Public Hearing / Preliminary Assessment
Roll for Telemark Water Extension
Mayor Pro Tem DeMott made a
motion to open the public hearing.
Member Copley seconded the motion.
The members agreed unanimously.
Tom Bookstaver, Snow Cloud Drive
explained Elizabeth G. Waldrep owns lots 63 and 64 on Telemark Lane. He read a letter dated October 7, 2007 the
Council had received from Elizabeth addressing a concerns regarding the cost of
the project being significantly higher than the original estimate; that the
water line ends on lot 63 and she is being assessed for lots 63 and 64; and
that a lien may be placed against her property until the assessment is paid in
full which would have a negative effect on her credit rating.
Mayor Dodson stated this is the first
time he has heard anything about putting a lien on these properties. The Town Attorney stated "Technically
when you assess a property it is a lien on that property. However, there is no way to check it because
it is not usually of record, without doing a title search." He said, "The only way anyone would
find out about it would be if it was disclosed at closing. We do get a sheet showing Taxes due but
there is no system that I am aware of to check for assessments."
Member Wilkinson asked the Town
Attorney if an assessment would transfer with the lot if the assessment is not
paid and they decide to sell the lot.
The Town Attorney said, "Correct.
However, in the contract the seller is supposed to disclose if there are
any outstanding assessments to be paid at closing or it will go to the buyer as
a lien."
Tom Bookstaver stated, "The
water line does not go to lot 64, it stops at 63." Mayor Dodson stated, "There is a place
beside lot 63 for two (2) meters. So,
there is a place for lots 63 and 64."
Richard Warner representing Gary
and Barbara Swiatlowski owners of lots 24 and 25 Telemark Lane noted concerns
the Switlowski's have that the cost was more than the original estimate and
that only one of their lots perked so they do not feel they should be assessed
for two lots.
Mayor Dodson stated, "We
have to go by the records we have which show this property as two (2)
lots. If they wanted to redeed this
property as one (1) lot it needed to be done before the assessment."
Stuart Darrow stated he purchased
land at Seven Devils years ago and has deeded this land to his children. They have lots 26, 27and 57. He questioned a previous assessment of
approximately $900. Mayor Dodson
explained that assessment was for water upgrades and the whole Town was
assessed because the project was Town wide.
Stuart questioned the figure from September 06, 2007 of $3272 and asked
why the contract was for 25% more.
Mayor Dodson explained the
original figure was based on the Town Engineers estimate not a bid and that we
received only one bid on the project.
He said the value of these properties have gone up significantly because
they now have water and a usable road.
Mayor Dodson asked the Town
Manager to go over the cost figures. He
said, "As stated in the September letter, the cost estimate of
$98,150 total or $3272 per each of the thirty lots was just an estimate from
the Town Engineer. The letter goes on
to say, it is important to note that the special assessment will be levied after
completion of the project and will be based on the actual cost. So, the preliminary Engineer's estimate was
$98,150 and in a public hearing to address the concerns of the citizens
present, the Town Council voted to constrain the bid to 112% of that estimate. So,
the bid was constrained to be less than $109,928.00 and the bid was $105.780.00
which is under the bid constraint so, we executed the contract. The cost exceeded the bid because $1000.00
was needed for more gravel to better stabilize the road and roughly $16,000.00
in excess cost to remove the rock, which made the actual cost $123,699.30. Not included in this are a $3500.00
engineering cost and the cost for advertising and mailings which the Town
absorbed."
Stuart Darrow stated he feels the
Town should not charge the property owners the 8% interest since they are
already being charged for the additional cost and 8% is an exorbitant amount of
interest.
Mayor Dodson asked the Town
Manager what was the additional cost for removal of the rock. Member Copley said it is $100.00 per ton and
the rock was 229.5 cubic yards for a total rock removal of $22,950.00. The Town Manager said the Town Engineer had
estimated the rock removal for $7,000.00 so; this is approximately $16,000 additional.
Al Henkin said he would like to
speak on behalf of Sidney & Vera Leibovitch who he built a house for on
lots 30 and 31. He said the house was
actually under construction before the water line went in. The Leibovitch's have one house built on two
lots and are requesting to pay the assessment on only one lot. Mayor Dodson asked the Zoning Administrator
if there is a record of when the permit was issued and if he knew they were
going to be using both lots. The Zoning
Administrator said he was aware of this but the way he understood it was the
assessment was for each lot and legally they have two lots.
Bob Haugh explained the County
Health Department will not let you combine lots without changing your septic
system to have a repair area. If you do
not combine the lots or do anything to change the boundaries, it is
grandfathered in and you do not need a repair area. Member Copley said the owners have to make a decision when they
know an assessment is coming to combine the lots and designate an area as a
repair area or to leave the lots separate and pay an assessment on each lot.
Mayor Pro Tem DeMott made a
motion to close the public hearing.
Mayor Dodson seconded the motion.
The members agreed unanimously.
CITIZEN COMMENTS
Frank & Barbara Bongiorno,
330 Alpine Drive gave a letter dated October 8, 2007 addressing barking dogs to
the Town Council. The Town Manager stated a citation was written for the owners
of the two dogs and on October 4th the Town Manager sent a registered
letter to the owners of the dogs stating what the violation is, that two police
officers verified the violation and that in accordance of Article 10.5 of the
Nuisance Ordinance a hearing will be held at Town Hall on Friday, the 19th
of October at 1:30 to adjudicate the violation notice. The Council discussed with Mr. Bongiorno the
fact that he rescinded his complaints in the past and strongly discouraged
rescinding future complaints. Mr.
Bongiorno requested the Town Council revisit the Ordinance to look at stricter
penalties.
Noble Hendrix told the Town
Council that he has the nets for the Tennis Courts and will keep them until the
Town acquires the Tennis Courts. He
said, "We hope the Council will support good legal council to defend the
Board decisions that have been made by the Board. I make this request as a unanimous vote from the Board of the
Seven Devils Community Association."
STAFF UPDATE
Mayor Dodson asked the Town
Manager if the monitor that was approved last month includes a microphone and
sound system. The Town Manager stated
he had two estimates for a sound system and the lowest estimate was around
$6,500.00. He told the Council he will
continue to look into this.
Member Copley made a motion to
approve the funds for the Town Manager to attend the 26th Annual
Update Seminar November 7 – 9. Member
Ehlinger seconded the motion. The
members agreed unanimously.
The Town Manager reviewed the
Staff Update.
OLD BUSINESS
A. Action on Tennis
Courts – Town Attorney Rob Angle stated Allen Mosley had sent some letters to
his client and to the Association but he has not heard back. - OPEN –
B. Personnel Policy
Workshops – The Council agreed to bring this up in December. -OPEN -
NEW BUSINESS
A. Resolution Confirming Assessment
Roll and Levying Assessments (Telemark Waterline) – The Council discussed
the possibility of the Town reducing the 8% interest to some other percent;
waiving the interest entirely; reducing the tap fee from $2,000 to some lesser
amount; the Town covering some of the additional $23,000; the Town covering all
of the additional $23,000 or to do nothing because the increase in value goes
to the homeowner. Mayor Dodson
requested the Town Manager provide the Council with figures to deliberate over before
the next Council meeting.
Member Copley made a motion to defer this decision until
next month. Member Wilkinson seconded
the motion. The members agreed
unanimously. – OPEN -
B. Schedule Public Hearing on Rezoning,
Preliminary Plat Approval and Change to Zoning Ordinance – 1) Noble Hendrix withdrew his motion to rezone
4 acres in Watauga County from Transitional to Recreation Business. 2)
Recommend the Town Council approve the Preliminary Plat for Nettles
Knob. 3) Recommend the Town Council change Section 9.5.2 of the Zoning
Ordinance, Real Estate Signs, where signs of 32 square feet are allowed to be 9
square feet. After discussion the
Council agreed this would exclude the Highway 105 Business District. The Council requested the Zoning
Administrator work on the wording for this change. The Council agreed to add from the September 10th 2007
Town Council meeting (Schedule Public Hearing for Proposed Amendment to the
Zoning Ordinance Section 12.3.1, Application Submittal).
Mayor Dodson made a motion to
schedule a Public Hearing for 1) Preliminary Plat for Nettles Knob; 2) Changes
in Zoning Ordinance Article 9.5.2 and 3) Change in Zoning Ordinance Article
12.3.1. Member Copley seconded the
motion. The members agreed unanimously.
- OPEN -
COMMITTEE REPORTS
A. Planning Board – There were
no additional comments.
B. Public Works – Member Copley stated
there had been a meeting with Julie Elmore who is with the Blue Ridge Research
and Development Center and she proposed to start with a Town wide Storm Water Management Plan. Ms. Elmore estimated the plan would be
somewhere in the neighborhood of $25,000.00, however, there is not grant
funding for that. Member Copley said
she told Ms. Elmore she did not know where the Town would come up with that
kind of money. Ms. Elmore said our next
option would be to look into particular projects we need to pursue. Member Copley said we have talked a lot
about Storm Water Management at Hawksnest and the problems generated by run
off. Member Copley said she had done
some investigating but have not yet been able to reach these people but there
is potential funding from The Division of
Water Resources, which is part of DENR and they have a 33% match. Member Copley said there is also the possibility
of some money from Clean Water Management Trust Fund. Member Copley said she had talked with Lenny Cottom about making
some of their documentation available to Julia Elmore. Member Copley said with the Council's
permission we will move forward on the investigation part.
C. Public Safety – No meeting held last
month.
D. ABC Board – There were no additional
comments.
E. Financial Report – Mayor
Dodson made a motion to accept the financial report. Member Wilkinson seconded the motion. The members agreed unanimously.
F. TDA – The Council discussed positive
comments from citizens regarding the fall banners and decorations. The Tourism Development Association Chairman,
Bill Wilkinson, thanked Laura Wilson and Vance Duggan for the great job they
did with the fall decorations around town.
COUNCIL COMMENTS
Mayor Pro Tem DeMott reported the
National Riverkeeper Organization is in the process of raising money in the
amount of approximately $89,000 for protection of the Watauga River Basin. Mayor Pro Tem DeMott said he would try to
arrange for someone from this organization to come to the Town of Seven Devils
and give a presentation.
Member Copley stated several
meetings ago she had offered to look into the possibility of an Adequate Public
Facilities Ordinance and how it might apply to the Town of Seven Devils. After discussion, the Council agreed it
could be beneficial for Member Copley to continue to look into this
possibility.
CLOSED SESSION
At 7:24 pm Mayor Dodson made the
motion to go into closed session,
pursuant to GS 14-318.11(a) 3 – Attorney / Client Consultation.
Mayor Pro Tem DeMott seconded the motion. The members agreed unanimously.
There was discussion of legal
strategy for pending appeal. No motions
were made and no action was taken during closed session.
At 7:55 pm, Member Wilkinson motioned to come out of Closed Session. Council Member Copley seconded the motion. The members agreed unanimously.
OPEN SESSION
At 7:56 pm, Member Ehlinger made a motion to adjourn. Mayor Pro Tem DeMott seconded the motion. The members agreed unanimously.
______________________________ ______________________________
Bob Dodson, Mayor Karen E. Daniels, Town Clerk