TOWN
OF SEVEN DEVILS
TOWN
COUNCIL
MINUTES
– REGULAR SESSION
April
10, 2007
The
Town of Seven Devils Town Council met in regular session on Tuesday, April 10, 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 5:30 pm.
PLEDGE OF ALLEGIANCE
Council Members and citizens
recited the Pledge of Allegiance.
APPROVE MINUTES
·
March 12,
2007 Regular Meeting
·
March 16,
2007 Continuation Meeting
·
March 20,
2007 Continuation Meeting
·
April 5, 2007
Continuation Meeting
Council Member Ehlinger made a motion to approve the March
12, 2007 minutes. Mayor Pro Tem DeMott seconded
the motion. The members agreed
unanimously.
Council Member Wilkinson made a motion to approve the March
16, 2007 minutes. Mayor Pro Tem DeMott seconded
the motion. The members agreed
unanimously.
Mayor Pro Tem DeMott made a motion to approve the March 20,
2007 minutes. Council Member Wilkinson
seconded the motion. The members agreed
unanimously.
Council Member Copley made a motion to approve the April 5,
2007 minutes. Mayor Pro Tem DeMott
seconded the motion. The members agreed
unanimously.
ADOPT AGENDA
Mayor Pro Tem DeMott made a
motion to adopt the agenda. Council
Member Ehlinger seconded the motion.
The members agreed unanimously.
CITIZEN COMMENTS
Tom Bookstaver, 231 Snowcloud
Drive stated he hoped the Town Council had an opportunity to read the letter he
had written in reference to the misrepresentations and misdirection that the
feasibility report contains. “If you
could show me the fact that the golf course was open in 1962, I would love to
see it. I know for a fact that it
wasn't. The report goes on and on
about things that are not true and I should possibly ask for a refund because
my tax dollars should not be paying for something that I know is not true.”
Leonard Cottom, 231 Skiview Road
stated “It was good to get some independent verification of things I have been
trying to tell this Town for years. The
storm damage on the golf course is horrendous.
In his report he talks over and over again about the damages that are
occurring. When this golf course was
designed, they had fairway drains and he talks about the pipe. That was developed when most of Seven Devils
was woods. If you look at the golf
course, all the golf holes South of Valley Creek have never experienced any
flood damage because the woods are disbursing the water out. All the golf holes North of Valley Creek
have experienced major damage.” Mr.
Cottom asked Council Member Ehlinger if she was working for him when they went
out to the eighth green with generators and vacuum cleaners and vacuumed the
hole. “We had a crew of about of about ten
or twelve guys vacuuming.” Council Member
Ehlinger stated she did not remember that but she did not do a lot of golf she
was mainly ski. Mr. Cottom stated
toward the end of the season they had heavy rain damage and the cart path from
eight to nine was destroyed. The green
was pathetic. “We had to go out with
generators and vacuum cleaners and haul load after load of debris. Then I am made out to be this bad guy in
this community. The storm problems are
coming about from the lack of a plan in this community for storm runoff. Every house that has been built up on Skiview
has a paved driveway. They have gutters
on their houses and everybody has designed the flow to flow off their property
as fast as it can go. About four years
ago the Town did a major water works project down Skiview Road. Part of the problem that I have with that is
that they went back and redesigned the Town water flow off that road. You put a pitch to the road. You put a paved gulley on the side that had
the down hill pitch to the road. Now
all of a sudden when we get heavy rains everyone wonders why the golf course is
having all this crap that happens to it.
You have got the report. I would
like everyone to look at page (5) please.
That's what consistently happens to the golf course. The piping drainage system across the golf
course is not designed to handle the water volume of the flow the Town is now
giving the golf course property. It
can't do it. The pipes are 18/36"
wide. If you give it a four foot water
flow, you can't hold the volume. It is
going to do just what it did in this picture.
It starts tearing everything apart.
Turn the page and look at the top picture. We tried to double the water flow by putting an extra water pipe
in there. You can see what it did. It is like throwing water into hot fire,
nothing happens. I would like you to go
to page (7) and look at the bottom picture.
If I look around this room I do not see a golfer one. Not one person that plays golf in this room.” Mike Tarlton stated that he did. Mr. Cottom said, “alright one golfer in this
group. If you look at the bottom picture
on page (7), that's what happened to my seventeenth fairway. It comes from the land across in front of
that green. I hope all of you watched
some of the Masters over the weekend.
There is a cardinal rule in golf that says you never penalize a great golf
shot. That ditch penalizes you. If you are a good golfer, you have got to
lay up. If you try to go over that
ditch, it is so far out it is impossible to do. Tiger could do it.” Mr.
Cottom asked Mike Tarlton what he did on seventeen when he got to that hole. Mr. Tarlton said he was not a very good
golfer but he thought if the wash going across seventeen had been properly
handled, it could have really enhanced the hole. “It is too short to be a normal par four anyway. So, that would have been a perfect
opportunity to have done something to improve the golf course while taking care
of the water.” Mr. Cottom said, “Yes,
it would but it would cost lots of money to do that. The golf group that keeps running around saying the Town should condemn
my property and turn it into a golf course, do not understand the dynamics of a
golf course. Let me give you some
examples. Roan Valley is a public golf
course that went through a major transition during the last few years. It is not even called Roan Valley anymore. I know they told you at one of those
executive meetings you go to that at Sugar Mountain the Town subsidizes the
golf course. Subsidizes it means you
take it from the general fund and give it to the golf course and the golf
course has major problems according to your own report. I would like this Town to stop. I would like you to say we have looked at it
and we did an evaluation. Is there an
economic report in the works? Are there
enough golf rounds that will come to this golf course to support the golf course? Business 101 is the economics there. I'm telling you it is not there. If you were to go out and do an economics
report of the High Country Golf, you would find out that the public golf
courses, except for Boone, have experienced a 10 to 20 percent drop off in
rounds played during summer time. So, I
want you guys to give me back my property.
I want you to take the cloud off of it.
It is not fair that you are sitting here in judgment and having a cloud
on my title when I am try to talk to people about what I would like to do with
my property. I have got the Town
sitting here saying they would like to do what they want to do and they do not
even know if it is feasible for them to do what they want to do. That's my comments.”
STAFF UPDATE
The Town Attorney read the legal
description of the tennis courts on the deed he had received from Alan
Mosley. He stated it doesn't have a
specific meets and bounds description which is usually preferable but he thinks
this is adequate. I just wanted to read
the legal description to you and see if you had any concerns. Mayor Dodson asked the Town Attorney if he
has a problem with it. The Attorney said
he did not. Mayor Dodson asked if the
parking need to be mentioned. The
Attorney said it is his understanding that we didn't need it but he will ask
them again. The Town Manager said he
would be more comfortable if it was in the deed.
The Town Attorney told the Zoning
Administrator that the title to Max Thomas property is clear.
The Town Manager reported the Ad
Valorem Taxes are at approximately 98 percent which is very good for this time
of year.
PRESENTATION FROM MR. PHIL REITANO,
R&B DEVELOPMENT
RE:
ROCKY TOP TRAIL WATER LINE PRESSURE REDUCING VALVE
Mr. Reitano contended the pressure
reducing valve (PRV) was installed because it was the Town thought that it
would be advantageous to extend the water line down Rocky Top Trail and connect
it at Snow Bird to an existing water line to improve the water pressure. He stated when they presented the proposal
for the initial water line the Town Engineer David Poor recommended that there
be a PRV installed and that Sam Eisenhower from Iron Mountain did not think it
was critical to install a PRV. He also
stated that the (PRV) was installed outside of R & B’s particular property
and the whole community in that particular area is going to benefit. Therefore, Mr. Reitano contended, the Town
should pay for the cost of installing the (PRV). The initial cost of putting the PRV in was $13,000.00. He said that originally he had told the Town
Manager that he felt the Town should reimburse R & B the $13,000.00 cost. He now was making a proposal is that the
cost be split. R & B would absorb
$6,500.00 and the Town would pay $6,500.00.
The Mayor asked the Zoning
Administrator for his opinion. The
Zoning Administrator stated the question is was this pressure reducing valve
necessitated by his development or by the extension of the water line beyond
his development. He stated that he was not
an engineer suggested the Council ask David Poore, the Town’s Engineer.
The Mayor asked the Town Manager
to refresh his memory regarding the position the Town Council had previously
arrived at regarding this issue. The
Town Manager said the Town Engineer will tell you the pressure reducing valve
was the cost of having the water line because you could not connect without
it. My previous decision was in view of
the understandings with R&B prior to and during the construction. I would not reimburse without specific direction
from the Town Council and the Council agreed to take no action to override my
decision.
Council Member Wilkinson made the
motion that the Town split the cost of the pressure reducing valve installation
of $13,000.00 with R&B. Mayor
Dodson seconded the motion.
Council Member Copley stated she
recalled that Mr. Masterson wanted payment from the developers for the right to
connect to the water line. The Town
intervened so the developers didn't have to pay a tap on fee. According to the Town Manager that saved the
developers 5 or 6 thousand dollars, which is very close to the amount we are
being asked to provide now.
Bill Wilkinson stated he feels
since this does benefit the Town and since David Poore had direction in where
the pressure reducing valve was installed, he feels the Town is responsible for
part of the cost.
The Town Manager suggested the
Town Council talk to David Poore. The
Town Council agreed that this would be helpful. Mayor Pro Tem DeMott suggested this be deferred until the Town
Council heard from the Town Engineer David Poore.
Council Member Wilkinson withdrew
his motion that the Town split the cost of the pressure reducing valve
installation of $13,000.00 with R&B.
Kathy Copley made a motion to
defer action on reimbursement until the Town Council hears from the Town
Engineer David Poore. Mayor Pro Tem
DeMott seconded the motion. The members
agreed unanimously.
OLD BUSINESS
A. Hawksnest
Feasibility Discussion – There was no discussion. –CLOSED-
B.
Geological Map Discussion – There was no
discussion. – CLOSED -
NEW BUSINESS
A. Approve
Construction Ordinance Amendment – Delete last sentence of Section 3.3.5.
(Refer to the Nuisance Ordinance for civil penalties that can result from the
enforcement of this section of this Ordinance.) The Zoning Administrator stated the reason I suggest deleting that
sentence is there are no previsions for civil penalties in the Nuisance
Ordinance.
Rewrite
Section 9.1 to read as follows: After
discussion, the Town Council made suggestions
to the Zoning Administrator for additional changes. The Town Council agreed to
defer action on amendments to Section 3.3.5 and 9.1 of the Construction Ordinance to a future
date. – OPEN -
B.
Accept Preliminary Budget – Mayor Pro Tem
DeMott made a motion to accept the preliminary budget. Council Member Copley seconded the
motion. The members agreed
unanimously. –CLOSED-
Mayor Dodson
reminded the Town Council of the April 12, 2007, 10:00 a.m. Budget
Meeting.
C. Approve Telemark
Waterline Extension – Mayor Pro Tem DeMott made a motion to approve the
Telemark waterline extension. Council
Member Wilkinson seconded the motion. The
members agreed unanimously. -CLOSED-
D. Approve
Declaring Old Vehicles as Surplus – Council Member Wilkinson made a motion
to declare one (1) 1996 White Ford Bronco,
Two (2) 1995 Gray Ford Broncos, and one (1) Gray Chevrolet Blazer surplus and that the Town Manager
dispose of the surplus vehicle in accordance with NCGS 168-266.. Mayor Pro Tem DeMott seconded the motion. The members agreed unanimously. – CLOSED –
E. Approve Purchase of Backhoe
Replacement – The Town Council reviewed the brochures of a mini hydraulic
excavator and skid steer loader presented by the Town Manager for a total cost
of not to exceed $90K. Mayor Pro Tem
DeMott made a motion to approve purchasing the excavator and skid steer loader. Council Member Wilkinson seconded the
motion. The members agreed
unanimously. – CLOSED -
COMMITTEE REPORTS
A. Planning Board – There were
no additional comments.
B. Public Works – There were no
additional comments.
C. Public Safety – Mayor Dodson presented
and read the March 2007 Fire Department Calls report from Fire Chief, Bobby
Powell. The Town Manager reported there
was a motorcycle accident last night at approximately 10:45 p.m. and we had
eight responders.
D. ABC Board – There were no additional
comments.
E. Financial Report – Council
Member Wilkinson made a motion to accept the financial report. Council Member Ehlinger seconded the motion. The members agreed unanimously.
F. TDA – No meeting last month.
CLOSED SESSION
At 6:55 pm, Mayor Pro Tem DeMott
made a motion to go into closed session, pursuant to G.S. 143-318.11(a)(6), to
discuss personnel matters.
At 7:50 pm, Mayor Dodson made a
motion to come out of closed session.
Council Member Copley seconded the motion. The members agreed unanimously.
No action was taken. Guidance was given to the Town Attorney and
Town Manager concerning personnel matters discussed.
COUNCIL COMMENTS
Mayor Pro Tem DeMott informed the
Council that Attorney Ham Wilson was involved in a serious accident.
Council Member Copley asked that
the efforts to find a good method for cleaning Town ditches continued to be pursued.
RECESS
At 8:02 pm, Council Member Copley made a motion to recess until 10:00 am on April 12, 2007. Mayor Pro Tem DeMott seconded the motion. The members agreed unanimously.
CONTINUATION OF TOWN COUNCIL MEETING
Thursday, April 12, 2007
The Seven Devils Town Council
reconvened at 10:00 am on Thursday, April 12th, 2007 at Town
Hall. Members present were Mayor Bob
Dodson; Mayor Pro Tem Richard DeMott and members Bill Wilkinson, Kay Ehlinger,
and Kathy Copley. Also in attendance
was Town Manager Brad Lambert. The Town
Manager recorded the minutes.
The Council held a general
discussion concerning property values and the ad valorem tax rate in the
Town. The Council declined to raise the
tax rate.
The Council directed the Town
Manager to investigate the feasibility of a tiered water usage charge. The primary function of such a fee structure
would be conservation of water.
Mayor Dodson made a motion to
increase the Town Attorney monthly stipend to $550. May Pro Tem DeMott seconded.
The members approved unanimously.
RECESS
At 12:00 pm, Mayor Dodson made a motion to recess until 10:00 am on April 23, 2007. Council Member Wilkinson seconded the motion. The members agreed unanimously.
CONTINUATION OF TOWN COUNCIL MEETING
Monday, April 23, 2007
The Seven Devils Town Council
reconvened at 10:00 am on Monday, April 23rd, 2007 at Town Hall. Members present were Mayor Bob Dodson; Mayor
Pro Tem Richard DeMott and members Bill Wilkinson, Kay Ehlinger, and Kathy Copley. Also in attendance was Town Manager Brad
Lambert. The Town Manager recorded the
minutes.
FY 08 BUDGET
The Town Council reviewed the
progress of the FY 08 budget preparation.
The Council agreed to place three (3) repaving projects into the FY 08
budget. The projects are (1) Grandview from
Devils’s Lake to Nettles Know; (2) Alpine from Skyland to Snowbird; and (3)
Wildcat Rocks from Alpine to Thorncliff.
The Council also agreed to
institute a tiered water fee based on gallons used. The new quarterly fee structure, effective FY 08 will be as
follows:
0 -
9,000 gallons - $90
9,001 – 15,000 gallons - $0.01 per gallon
15,001 – 21,000
gallons - $0.02 per gallon
21,001
gallons and over - $0.03 per gallon
Any increase in Water Fund
revenues will be directed towards improvements in the water system.
Council Member Copley asked that
the Council research the process that Davidson, NC used to establish an
Adequate Public Facilities Ordinance to see if that procedure would be
applicable to Seven Devils.
ROCKY TOP TRAIL WATER LINE PRESSURE
REDUCING VALVE
The Council
reviewed the inputs from Mr. Phil Reitano of R & B Development and from the
Town Engineer, Mr. David Poore. After
discussion, the Council agreed that reimbursement to R & B for the
installed pressure reducing valve was not warranted. Council Member Wilkinson made a motion that the R & B’s
request for reimbursement be denied.
Council Member Copley seconded.
The members agreed unanimously. –CLOSED
-
ADJOURN
At 12:15 pm, Council Member Wilkinson made a motion to adjourn. Mayor Dodson seconded the motion. The members agreed unanimously.
______________________________ ______________________________
Bob Dodson, Mayor Karen E. Daniels, Town Clerk