TOWN
OF SEVEN DEVILS
TOWN
COUNCIL
MINUTES
– REGULAR SESSION
November
13, 2007
The
Town of Seven Devils Town Council met in regular session on Tuesday, November
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.
Laura V. Wilson 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 Dodson requested the
following change: after Town Council
Comments, add Closed Session Pursuant
to G.S. 143-318-11(a)(3), Attorney-Client Consultation. Council Member Wilkinson made a motion to
approve. Mayor Pro Tem DeMott seconded
the motion. The members agreed
unanimously.
APPROVE MINUTES
October 8, 2007 – Council Member Copley recommended the
following changes. On page 5, line 9 of Public Works, the words “they have”
should be deleted so that it reads “and the problems generated by runoff,” and
on line 15 Julia Moore should be Julie Elmore. Mayor Dodson recommended the following
change: on page 2, 3rd line from the bottom, the word that should be than. Council Member
Wilkinson made a motion to approve the October 8, 2007 minutes with the
recommended changes. Mayor Pro Tem
DeMott seconded. The members agreed unanimously.
October 18, 2007 – Mayor Pro Tem DeMott made a motion to
approve the minutes as presented.
Council Member Ehlinger seconded.
The members agreed
unanimously.
PUBLIC HEARING
A. Nettles Knob Preliminary Plat – Mayor Pro Tem
DeMott made a motion to move into Public Hearing. Council Member Ehlinger seconded. The members agreed unanimously. The Zoning Administrator reviewed the plans
for Nettles Knob and related that the Planning Board was recommending approval. Mayor Pro Tem DeMott asked if the steep slope
issues had been addressed. The Zoning
Administrator related that they had.
There being no further questions or discussion, Mayor Pro Tem DeMott
made a motion to close the public hearing.
Mayor Dodson seconded. The
members agreed unanimously.
B. Zoning Ordinance Amendments –Mayor Pro Tem
DeMott made a motion to open the Public Hearing. Council Member Wilkinson seconded. The members agreed unanimously.
Recommended Amendment to Section 12.3.1,
Application Submittal of the Zoning Ordinance – The Zoning Administrator
explained that at the preliminary Board of Adjustment conference for Ken
Canter, there were some documents in Don’s office that were not required by the
Zoning Ordinance to be submitted for the preliminary conference. The Board of Adjustment suggested an
amendment of the Ordinance so all relevant documents are submitted for future
preliminary conferences. Don then read
the following change: Proposed Amendment to Zoning Ordinance Section 12.3.1,
Application Submittal -- Insert after the 4th sentence of the 4th
paragraph of Section 12.3.1: The Zoning
Administrator shall submit all relevant documents. There was no discussion regarding this
recommended amendment.
Recommended Amendment to Section 9.5.2,
Real Estate Signs – The Planning Board recommended a change in Section 9.5.2 of
the Zoning Ordinance, Real Estate Signs, to allow signs of 9 square feet
(rather than 32 square feet as currently written). There are two instances –
9.5.2 1)b and the last paragraph of Section 9.5.2. Mayor Dodson noted that the business section
of Hwy 105 might need to be an exception.
There was no further discussion regarding this recommended amendment.
Mayor Pro Tem DeMott moved to close the
Public Hearing. Council Member Ehlinger
seconded. The members agreed
unanimously.
CITIZEN COMMENTS
Loren Williams stated that he has asked Council Member
Ehlinger to act as an informal liaison between the Recreation Committee and the
Town Council. Council Member Ehlinger
confirmed she was willing to serve as liaison.
Mayor Pro Tem DeMott made a motion that the Council approve Loren
Williams’ request that Council Member Ehlinger act as an informal liaison
between the Recreation Committee and the Town Council. Council Member Wilkinson seconded. The members agreed unanimously. CLOSED.
Tom Bookstaver stated that Watauga County EMS has noted the
area in general has too many streets named Laurel. He will follow-up on this issue with the Town
Manager and the Planning Board. He also
congratulated the members of the Council who had been re-elected.
STAFF UPDATE
The Town Manager stated he had
nothing to add to his report other than that the HCMA meeting is this Thursday,
October 15th in Banner Elk.
OLD BUSINESS
A.
Action on Tennis Courts – The Town Attorney stated
he had received a letter from Alan Moseley and they have worked out all the
details concerning the tennis courts.
The Town Attorney asked for Council approval to record the deed. The description states that it is an
approximately 1.4 acre tract and it verbally describes the boundaries. Further, it states, “By
acceptance of this deed, the grantee agrees to accept all responsibility for
maintenance, repair and use of the tennis courts and related privileges located on the above described property, for as long as the
property is used as tennis courts.”
After discussion, the Town Attorney was asked to make sure that it is
also in the wording that the decision about whether the courts will no longer
be used for tennis is at the sole discretion of the Town. The Town Manager was asked to order a survey
to clearly establish the metes and bounds of the property. Council Member Wilkinson made a motion to accept
the tennis courts with the above change in language and to follow up with a
survey. Mayor Dodson seconded. The members agreed unanimously. CLOSED.
At this point, Mayor Dodson noted
that a lot of time might be spent on the Telemark Waterline Resolution. Not wanting to rush the Signet Golf Study
presentation, he asked if anyone objected to having Peter Dejak of Signet make
his presentation. There were no
objections.
NEW BUSINESS
A. Signet Golf Study
presentation: Peter Dejak distributed
the report to Council members. Mayor
Dodson gave a copy to Leonard Cottom. Mr. Dejak reviewed the study in depth,
noting that golf is very emotional and many times golfers and municipalities
move forward out of emotion instead of financial considerations. He commended the Town Council for looking at
the financial feasibility of a golf course before moving forward. Mr. Dejak (1) described aspects of the course
that made it possibly too challenging for first-time players and average or
high-handicap golfers--and how that affected repeat play, (2) recommended
brush-clearing, grading, and tee and green renovation to make the course more
accepting of average or high-handicap golfers, (3) identified specific safety,
drainage and erosion issues that would need to be corrected, and (4) alluded to
design / layout changes that would make the course more player-friendly. The
report did not include costs associated with design changes.
Mr. Dejak
described how the following costs were arrived at: $300,000 for storm drainage
installation, $125,000 for irrigation repairs, and $250,000 for equipment
purchase. Signet estimates a $1,177,500 renovation cost and $425,000 in
additional cost considerations (e.g., equipment purchase and construction of a
maintenance facility). They estimate
that the total cost to re-open the golf course would be $1,602,500 (which does
not include the costs of land lease or purchase, cost of golf cart lease or
purchase, the cost to provide a clubhouse, cost of staffing prior to opening,
or any carrying costs to pay for financing or to cover short-falls for the
first several years).
Mr. Dejak
explained how the projected $500,000 to $550,000 revenue was arrived at (14,000
paying rounds at $37 average per round in year 2011), what projected total
annual expenses would be ($495,000), and how income and expenses would offset
each other but not leave enough for debt service, etc. He named organizations that could possibly
participate in land acquisition costs (Parks and Recreation Trust Fund and
Clean Water Management Trust Fund). Mr.
Dejak stated he did not see the cost of getting the golf course back up again
really making sense unless the Town finds a way to do it without having any
debt service.
Signet recommended (1) discussing with the owners of
the property the possibility of 9 holes of golf (with state grants) at the
lower end of the property, (2) working out a town membership at a local 18-hole
course that Seven Devils residents would be able to play at a reduced rate, or
(3) both #1 and #2.
In response to
Mayor Dodson’s statement that he did not see much difference in difficulty
between Hawksnest and other courses in the area, Mr. Dejak noted that he has
not played many of the courses in this area.
In response to
questions from the floor, Mr. Dejak said equipment costs to maintain a 9-hole
course (compared to an 18-hole course) would be less but not half the
cost. He said there would probably be no
revenue the first year, with the projected 14,000 annual rounds being achieved
in two or three years.
Mayor Pro Tem
DeMott moved to receive the report.
Council Member Copley seconded.
The members agreed unanimously. After discussion, Mayor Pro Tem DeMott
made a motion to put the report on the website.
Council Member Wilkinson seconded.
The members agreed unanimously.
OLD BUSINESS
A.
Personnel Policy Workshops – Not all Council Members
will be available to meet in
December. The date for a January
workshop will be discussed in the December meeting.
B.
Telemark Waterline Resolution Confirming Assessment
Roll and Levying Assessments – The Town Manager presented several graphs to the
Council reflecting the expense of the water line versus the revenue and the
manner in which the interest collected by the Town would be affected. It was noted that the Council has not
considered the amount of interest that would be lost in making decisions about
spending money in the past. After lengthy
discussion and review, Council Member Copley motioned that the Town cover
$13,771 and that the payments remain $3,664.27 with the option of being paid
over 5 years at 8 percent interest.
Mayor Pro Tem DeMott seconded the motion. The members agreed unanimously. The Town Manager will change and distribute
the resolution accordingly. Council
Member Wilkinson made a motion to pass the resolution roll and levying
assessments. Mayor Pro Tem DeMott
seconded. The members agreed
unanimously. CLOSED.
NEW BUSINESS
B.
Action on Nettles Knob Preliminary Plat – The Zoning
Administrator distributed plats to the Council and explained that there would
be nine lots. The developer would be
extending a 6-in. water line from the intersection of Snowbird and Alpine to
the end of Alpine Drive extension. Existing houses on that stretch of road will
be connected to the new line at the developer’s expense; new homes will be
required to pay a tap fee. The two lower Nettles Knob lots will get water from
Beucus. There will be two fire hydrants,
one at the intersection of Meadowview Court and one in the cul-de-sac. Council Member Ehlinger made a motion to
approve the preliminary plat. Mayor Pro
Tem DeMott seconded. The members agreed
unanimously. CLOSED.
C.
Action on Zoning Ordinance Amendments –
Recommended Amendment to Zoning Ordinance
Section 12.3.1, Application Submittal – Council Member Copley moved to approve
the amendment as recommended. Mayor Pro
Tem DeMott seconded. The members agreed
unanimously. CLOSED.
Recommended Amendment to Zoning Ordinance
Section 9.5.2, Real Estate Signs – Council Member Wilkinson agreed with Mayor
Dodson’s earlier comment that this amendment should exclude general business on
105. Mayor Pro Tem DeMott moved to
accept the amendment with the above noted change. Mayor Dodson seconded. The members agreed unanimously. CLOSED.
Recommended Amendment to Zoning Ordinance
Section 11.4.1.4, Single Family Dwellings --There was general discussion
regarding the recommended storm water management consultation with the town
engineer for single-family dwellings.
After lengthy discussion, it was decided that there would be no action
and this would be deferred and discussed as an element with the Storm Water
Management Plan. CLOSED.
Recommended Amendment to Zoning Ordinance
Table 5.1, Table of Permitted Uses -- There was general discussion regarding
the harvesting of hay at Hawksnest and the need for a Zoning Ordinance
amendment. After discussion, it was
unanimous among the Council members that there is no need for a change to the
Zoning Ordinance. Council Member Copley
clarified that the Council is saying, “It is okay to harvest hay without any
changes to the Zoning Ordinance.” The
members agreed unanimously. CLOSED.
D. Appeal of Nuisance Ordinance Violation by
Ms. Amy Williams – Ms. Williams was not
present and therefore no appeal was present to consider. It was noted that the time limit has now
expired on this appeal. CLOSED.
E. Action on Requests for Relief on Water
Bills – There was discussion regarding the repeated notices asking people to
install a shut-off valve directly on their side of the meter. The Town Manager noted that there is a small
possibility that even with a shut-off valve a resident could have a leak
between the meter and the valve. The
Council also reiterated the long-standing policy that the town manager could,
when he deemed the situation warranted it, reduce by one-half that portion of a
water bill that is over $1,000.
1.
The Grays on Greenview – After discussion, the Council took no action to
change the policy that the town manager could, when he deemed the situation
warranted it, reduce by one-half that portion of a water bill that is over
$1,000. CLOSED.
2.
The Robinsons on Wildcat Rocks Road – There was lengthy discussion regarding the need to replace the
pressure-reducing valve installed by the Town at the time of meter
installation.
It was noted that once the meter is installed, everything on the
homeowner’s side of the meter becomes their property and they are responsible for
maintenance. After further discussion,
The Town Manager was asked to make sure there is an article in the upcoming ECHO
regarding the homeowner’s responsibility to maintain the PRV on their side of
the meter. After discussion, the Council took no action to change the policy
that the town manager could, when he deemed the situation warranted it, reduce
by one-half that portion of a water bill that is over $1,000. CLOSED.
3.
The Nesbits on Cliffside – It was noted that Mr. Nesbit has a shut-off
valve at his meter and the plumber had called to confirm that the leak happened
between the meter and the shut-off valve. After discussion, The Town Manager
was asked to write a policy for consideration at the next Council meeting
regarding how far the shut-off valve is to be placed from the meter and to also
speak with Public Works Director regarding the maintenance of the PRV. Council Member Ehlinger motioned that Mr.
Nesbit be billed $90 for the quarter.
Council Member Wilkinson seconded.
All agreed. CLOSED.
4.
The Hairs on Little Boulder – The decision was to take no action on this
bill. CLOSED.
F. Required Action on Non-Payment of Fines –
After discussion, it was decided that the Town Manager could work with
residents to pay their fines over 6 months at an interest rate of 8
percent. The Town Attorney will write up an agreement to this effect for the
Town Manager’s use. If the person is not
willing to pay the fine or does not do so within 6 months, the Town Attorney
can handle the situation is his usual way. CLOSED.
COMMITTEE REPORTS
A. Planning Board – There were no additional
comments.
B. Public Works – There were no additional
comments.
C. Public Safety – No Meeting.
D. ABC Board – There were no additional
comments.
E. Seven Devils Fire Department Report –
There were no additional comments.
F. Financial Report – Mayor Dodson motioned to
accept the Financial Report as presented.
Council Member Ehlinger seconded.
The members agreed unanimously.
G. TDA – No Meeting.
TOWN COUNCIL COMMENTS
Mayor Pro Tem DeMott asked if the
Town wanted to do anything to be part of the League’s 100 Years of Celebrating
City and Towns by a write-up and picture.
Mayor Dodson noted that he and the Town Manager had discussed that and
they were looking for a picture but had not located one they felt would
work. If anyone has a photo they would
like to contribute, they would be happy to send it in.
Council Member Copley noted that
in making phone calls for the election, she had found many residents who were
interested in getting together for community activities such as a book club, a
cookie swap, or a chili/cornbread supper in January or February. This could take place at Town Hall and would
give residents a chance to get to know each other. The general consensus was that this was a
great idea. The Town Manager noted that
there would need to be a form for applying to use Town Hall and he volunteered
to find a couple of examples. Council
Member Copley will write an article for the ECHO and we will move
forward from there.
Mayor Dodson related that other
towns are watching water usage. For
instance, Beech Mountain has implemented Phase II. He recommended the Town adopt similar steps. After discussion, The Town Manager was asked
to further research these plans for the next Council meeting.
CLOSED SESSION
At 8:15 pm Mayor Dodson made a
motion to go into closed session pursuant to G.S. 143-318-11(a)(3),
attorney-client consultation. Mayor Pro
Tem DeMott seconded. The members agreed
unanimously.
There was further discussion on
legal strategy for the pending appeal.
No motions were made and no action taken during the closed session.
At 8:30 pm. Member Copley
motioned to come out of closed session.
Member Wilkinson seconded. The
members agreed unanimously.
OPEN SESSION - ADJOURN
At 8:31 pm Mayor Pro Tem made a
motion to adjourn. Member Wilkinson
seconded. The members agreed
unanimously.
____________________________ _____________________________
Bob Dodson, Mayor Laura
V. Wilson, Finance Officer