TOWN OF SEVEN DEVILS

TOWN COUNCIL

MINUTES – REGULAR SESSION

July 9, 2007

 

 

The Town of Seven Devils Town Council met in regular session on Monday, July 9, 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.

 

ADOPT AGENDA

 

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

 

APPROVE MINUTES

 

·        July 11, 2007 Regular Meeting

·        June 18, 2007 Continuation Meeting

·        June 21, 2007 Continuation Meeting

·        June 25, 2007 Continuation Meeting

·        June 29, 2007 Continuation Meeting

 

Council Member Ehlinger made a motion to approve the June 11, 2007 minutes.  Mayor Pro Tem DeMott seconded the motion.  The members agreed unanimously.

 

Scrivener corrections were made by the Town Council to the June 18, 2007 minutes.

 

Mayor Pro Tem DeMott made the motion to approve the June 18, 2007 minutes as amended.  Council Member Ehlinger seconded the motion.  The members agreed unanimously.

 

Council Member Copley made a motion to approve the June 21, 2007 minutes.  Mayor Pro Tem DeMott seconded the motion.  The members agreed unanimously.

 

Council Member Copley made a motion to approve the June 25, 2007 minutes.  Mayor Pro Tem DeMott seconded the motion.  The members agreed unanimously.

 

Mayor Dodson instructed the Town Clerk to add motion and adjournment to the June 29, 2007 minutes. 

 

Council Member Ehlinger made a motion to approve the June 29, 2007 minutes as amended.  Council Member Wilkinson seconded the motion.  The members agreed unanimously.   

 

 ADDRESS TO THE TOWN CONCERNING THE AVERY COUNTY YMCA

  MS. KIM MCLAUGHLIN

 

Executive Director Kim McLaughlin of the YMCA Community Partnership Project introduced herself to the Town Council and thanked them for the opportunity to speak with them.  She discussed the YMCA's new aquatic facility and stated that the facility will be affordable and open to all.  She asked that the Town of Seven Devils consider being a partner of the YMCA Community Partnership Project provide the YMCA with a letter of intent.   

 

Mayor Dodson thanked Kim for her presentation and told her the Town Council will be considering the Avery County YMCA's request.        

 

PUBLIC HEARING CONCERNING CHANGES TO THE SUBDIVISION ORDINANCE CONCERNING PAVING

 

Mayor Dodson asked Council Member Copley to explain the proposed addition to the Town of Seven Devils Subdivision Ordinance.  Council Member Copley stated due to the extensive paving projects we will be doing this summer, this proposal was drafted by the Town Engineer David Poor and Public Works Director Kevin Aldridge.  The Town Engineer suggested all areas be proofrolled.  She explained what proofrolling involved and explained that all costs associated with proofrolling shall be at the expense of the contractor.  

 

Mayor Dodson made a motion to open the public hearing concerning changes to the subdivision ordinance concerning paving.  Mayor Pro Tem DeMott seconded the motion.  The members agreed unanimously.

 

The Town Council discussed the necessity for adequate, lasting paving and reviewed the language of the proposed addition to the Town of Seven Devils Subdivision Ordinance 12.1.8 Inspection and Testing.

 

Mayor Dodson made a motion to close the public hearing.  Council Member Copley seconded the motion.  The members agreed unanimously. 

 

Mayor Pro Tem DeMott made a motion to approve the proposed addition to the Town of Seven Devils Subdivision Ordinance 12.1.8 Inspection and Testing.  Council Member Wilkinson seconded the motion.  The members agreed unanimously. 

 

CITIZEN COMMENTS – None

 

 

STAFF UPDATE

 

The Town Manager stated Police Officer Roy Vance's father passed away Monday, July 2nd and the funeral was Thursday, July 5th. 

 

Mayor Dodson stated the Town Manager has reported the SafetyFest was a rousing success due in no small part to the Public Safety Committee.  The Town Council complimented Public Safety for all their hard work and success with SafetyFest again this year.

 

OLD BUSINESS

 

A.     Action on the Land Formerly Known as the Golf Course – Mayor Dodson stated as there were no committee reports presented, there will be no action at this time. – OPEN -

 

NEW BUSINESS

 

A.     Approve FY 07 Budget Amendment – Mayor Dodson stated the Town Manager has informed me that there is no need for that amendment. – CLOSED-

           

B.     Approve Paving Contract – Mayor Dodson asked the Town Manager to explain the bids for the paving projects for Alpine Drive, Wildcat Rocks Road, Grandview Drive and Town Hall Parking Lot to the Town Council.  The Town received two bids.  One from Moretz Paving for 220,871.50 and the other from Lakeview Construction for $241,034.01.  The TDA will fund the parking lot and the Town has budgeted $210,000.  The Town Manager recommended the Town award the contract to Moretz paving.

 

 

Mayor Dodson made a motion to approve the Moretz Contract for paving Alpine Drive, Wildcat Rocks Road, Grandview Drive and Town Hall Parking Lot.  Mayor Pro Tem DeMott seconded the motion.  The members agreed unanimously. – CLOSED -

 

Council Member Copley pointed out that the segments being paved under this contract were the top ten priority projects based on a ‘blind’ road analysis.  The Town Engineer and Public Works Director evaluated all Town roads segment by segment for surface, traffic, drainage, etc.  The evaluations were assessed to determine the roads in most need of repair.    

           

COMMITTEE REPORTS

 

A.            Planning Board – There were no additional comments.

 

B.   Public Works – There were no additional comments.

       

C.  Public Safety – Mayor Dodson complimented Public Safety and every one involved with the SafetyFest.  He noted to the Town Council and audience that the SafetyFest Committee starts in January to be prepared for this July event. 

 

      Kay Lambert, 430 Wildcat Rocks Road stated as part of the Safety Committee, we also want to thank all the volunteers, residence and visitors of Seven Devils for their devotion and continued support of SafetyFest. 

 

D.  ABC Board – There were no additional comments.

 

E.            Financial Report – Mayor Dodson stated ad valorem taxes are showing we have collected 99.62%.  He doubted there are many Towns with a collection rate that high.

 

      Mayor Dodson made a motion to accept the financial report.  Council Member Copley seconded the motion.  The members agreed unanimously.  

 

F.   TDA – The Mayor stated he had discussed two items with Bill Wilkinson Chairman of the TDA.  The first was to clarify that the Finance Officer is a non-voting member of the TDA.  Second, the TDA minutes indicate there was a vote to support the ski expansion at the upcoming Board of Adjustment meeting which is in violation of General Statutes for a Board Member to take an upfront position.  Mayor Dodson further stated that he felt this would disqualify Council Member Wilkinson from participating in the next Board of Adjustment Meeting.  However, any such action will have to be taken by a member of the board. 

 

TOWN COUNCIL COMMENTS

 

Council Member Copley stated she has a question regarding the Hawks Peak West letter indicating an addendum could be added allowing Hawks Peak West to take the Tennis Courts back if the Town no longer wants to maintain them.  The Mayor stated this is a question for the Town Attorney.  However, he is currently on vacation and there are still details that need to be worked out upon his return.

 

Council Member Copley asked the Town Manager if he had an opportunity to review Davidson's Adequate Public Facilities Ordinance and see how it may fit into the needs of Seven Devils.  He stated he had reviewed the ordinance on line.  He stated he had also looked up a North Carolina law briefing on the constitutionality of doing this type of ordinance.  Council Member Copley stated Adequate Public Facilities Ordinance refers cost appropriate facilities that a developer would provide for the Town.  Some of the items that Davidson addresses in its ordinance are:  for every 500 people they require the developer to provide a park within a quarter of a mile of every resident and for every 400 unit's the equipment necessary for a public safety officer including a patrol car.  Davidson also requires one out of every eight houses to be affordable housing.  However, one thing to consider is Davidson is still growing and Seven Devils is land locked so, where would a 500 unit project go? 

 

 

 

ADJOURN

 

At 6:30 pm, Mayor Pro Tem DeMott made a motion to adjourn.  Council Member Copley seconded the motion.  The members agreed unanimously.

 

 

 

 

 

 

 

      

______________________________                        ______________________________

 

Bob Dodson, Mayor                                                  Karen E. Daniels, Town Clerk