TOWN
OF SEVEN DEVILS
TOWN
COUNCIL
MINUTES
– REGULAR SESSION
May
14, 2007
The
Town of Seven Devils Town Council met in regular session on Monday, May 14, 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
·
April 10,
2007 Regular Meeting
·
April 12,
2007 Continuation Meeting
·
April 23,
2007 Continuation Meeting
Council Member Wilkinson made a motion to approve the April
10, 2007 minutes. Council Member
Ehlinger seconded the motion. The
members agreed unanimously.
Mayor Pro Tem Richard DeMott made a motion to approve the April
12, 2007 minutes. Council Member
Ehlinger seconded the motion. The
members agreed unanimously.
Council Member Copley requested the last sentence on April
23, 2007 Continuation Meeting be changed to read (Council Member Copley asked
that the Council research the process that Davidson, NC use to establish an
Adequate Public Facilities Ordinance.)
Mayor Pro Tem DeMott made a motion to approve the April 23,
2007 minutes as amended. Council Member
Wilkinson seconded the motion. The
members agreed unanimously.
ADOPT AGENDA
Council Member Wilkinson made a
motion to adopt the agenda. Mayor Pro
Tem DeMott seconded the motion. The
members agreed unanimously.
CITIZEN COMMENTS
Butch McLean, 146 Deepwood Court presented
and read a letter to the Town Council expressing his concerns that the natural
beauty of Seven Devils be maintained.
Kay Lambert, 430 Wildcat Rocks
Road stated she would like to thank the TDA for the new banners and Public
Works for putting them up. It makes the
drive up the mountain very pleasant.
Tom Bookstaver, 231 Snowcloud Drive
presented a letter to the Town Council and referenced the letter he had
presented to the Town Council on April 10th 2007.
Rob Angle, the Town Attorney
stated he felt a survey of the Tennis Court property is necessary to determine
the lines of the adjacent property owners.
Mayor Dodson asked the Council what their consensus was regarding
obtaining a survey. The Council agreed
for the Town Attorney to obtain a survey to clarify the meets and bounds and
restrictions on the property.
STAFF UPDATE
FIRE SAFETY CONCERNS – MR. STEVE SUDDERTH,
WATAUGA COUNTY FIRE MARSHALL
Mayor Dodson introduced Watauga
County Fire Marshall Steve Sudderth and thanked him for coming to Seven
Devils. Mr. Sudderth addressed the
concerns regarding fire safety at Seven Devils. Concerning buildings, Mr. Sudderth stated the North Carolina
State Building Code controls the way different buildings are built. Mayor Pro Tem DeMott stated our basic
concern is the safety of all Seven Devils residents and we would like to look
into sprinkler systems and ways of reducing insurance premiums. Mayor Pro Tem DeMott asked statistically how
much water it takes to fight a fire. MR.
Sudderth said, it takes 5000 gallons or less for a fire to be successfully
fought with a sprinkler system whereas a fire department with an inch and three
quarter line is pulling 200 gallons a minute which calculates to 45 to 50,000
gallons of water to fight a normal or two single family dwelling fire. For the most part, the fire loss history of
Seven Devils is minimum and below the National average. Mayor Dodson stated his concern with improving
the Town’s fire rating and the requirement for three years of good
records. Fire Chief Bobby Powell stated
the he was working on improving the Town’s rating and Mr. Sudderth acknowledged
those efforts. Mayor Pro Tem DeMott
stated he feels the Town Council needs to review our ordinances and regulations
to see if there are changes we need to make.
PRESENTATION ON ST LAURENS COURT BY MR.
SHAD WALTERS, MACGILL & ASSOCIATES
Mr. Walters update his previous
presentation on St. Laurens Court 9.7 acre subdivision. There were a couple of outstanding issues to
be addressed. Mr. Angle stated the two
issues were the easement to Hawksnest and a question on the title. These two questions have been resolved. Mr. Walters stated storm flow will be
handled on a case by case basis on each lot.
The streets will be designed by DOT standards and the lots will be
designed not to impact adjacent property.
Mayor Dodson asked about the minimum width of the road. Shad stated at this time we are showing 18'
of pavement. The Zoning Administrator
stated that the Town Council could consider a narrower road. Council Member Copley asked for the Council
to readdress the current 18' minimum requirement at a future date. After a lengthy discussion, the Town Council
agreed a 16' road would be in the best interest of the Town.
Mayor Dodson made a motion to
approve a 16' road for St. Laurens Court.
Mayor Pro Tem DeMott seconded the motion. The members agreed unanimously.
PRESENTATION ON WATER FOR DIAMOND RIDGE BY
MR. BOB HAUGH
Bob Haugh, Ideal Design &
Development stated he is present to represent a group called Diamond Ridge who are
in contract to purchase two 40 acre lots, a total of 80 acres. He presented the Town Council with a map
outlining the proposed development. The
plan is to have eight homes, each on a ten acre lot. The only question is will the Town allow them to tap into their
water for water usage of eight houses and fire protection if Diamond Ridge
funds all the engineering and initial costs.
Council Member Copley made the
motion to allow Diamond Ridge to tap into the Town of Seven Devils water system
subject to engineering approval.
Council Member Wilkinson seconded the motion. The members agreed unanimously.
ADDRESS ON FUTURE OF HAWKSNEST PROPERTY BY
MR. LEONARD COTTOM
Leonard Cottom, 231 Skiview Road
said at the last Town Council meeting he requested the Council make a decision
regarding the golf course property. He presented
the Town Council with pictures of damage to the golf course and ski lodge and
explained when and where the damage had occurred, why the damage continues to
occur, how labor intensive it is to clean up the damage and how he has
financially suffered due to this reoccurring damage. He stated there are rumors of the Town making an evaluation and a
study regarding purchasing the golf course under eminent domain procedures. He would like the Town to vote on a proposal
to eliminate perusing ownership of my golf course by eminent domain. Future development, flow problems and
drainage were discussed. Council Member
Wilkinson asked Lenny what he intends to do with the golf course. Leonard stated he wants to expand the ski
slopes and tubing park. He presented
photographs a high demand for parking and "Yurt" buildings he would
like to purchase as temporary structures for ski season. The Council accepted Leonard's proposal for
future consideration.
OLD 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.)
Rewrite
Section 9.1 to read as follows:
9.1 Violations
Violations of
any provision of this Ordinance shall subject the offender to a civil penalty in the amount of $100 to be recovered
by the Town. Violators shall be issued written notice of the
violation which must be paid within 72
hours after receipt of said
notice. If the violator does not pay
the penalty within 72 hours, the Town
may recover such penalty, and all subsequently accruing penalties, in a civil action.
1. Each day's
continuing violation of any ordinance provision shall be a separate and
distinct offense.
2. Notwithstanding
subsection 9.1 above, all provisions of this ordinance may also be enforced by
appropriate equitable remedies issuing from a court of competent jurisdiction.
3. Unless otherwise
specifically provided, violation of any provision shall not be a misdemeanor.
4. If any section
of this ordinance is held to be invalid or unenforceable, all other sections
shall nevertheless continue in full force and effect.
5. In the event it
is necessary for the Town to initiate a civil action to collect a civil penalty
for the violation of any provision of this ordinance, the offender shall pay
all court costs and reasonable attorney's fees incurred by the Town.
Mayor Pro Tem DeMott made a
motion to approve the amendment to the Construction Ordinance Section 3.3.5 and
rewrite Section 9.1. Council Member
Wilkinson seconded the motion. The
members agreed unanimously. – CLOSED -
NEW BUSINESS
A. Accept Balanced
Budget – Council Member Ehlinger made a motion to receive the balanced
budget. Council Member Ehlinger seconded
the motion. The members agreed
unanimously. –CLOSED-
B. Schedule Public
Hearing for FY 08 Town Budget for June 4, 2007 –Council Member
Copley made a motion to schedule a Public Hearing at 5:30 pm on Monday, June 4,
2007 at Town Hall to discuss the proposed Town Budget for FY 08. Mayor Pro Tem DeMott seconded the
motion. The members agreed
unanimously. –CLOSED-
Mayor Pro Tem DeMott made a
motion to cancel the Budget Work Shop scheduled for 10:00 am on Thursday, May
17, 2007 at Town Hall. Council Member
Wilkinson seconded the motion. The
members agreed unanimously.
C. Approve
Recommended Tax Write-off of Taxes less than $20.00 – Council
Member Copley made a motion to approve recommended tax write-off of taxes less
than $20.00. Council Member Wilkinson seconded
the motion. The members agreed
unanimously. – CLOSED –
D. Schedule Public
Hearing for St. Laurens Court – Council Member Copley made a motion to
schedule a Public Hearing at 5:30 pm on Monday, June 11, 2007 at Town Hall to
discuss the preliminary plat for St. Laurens Court Development. Mayor Pro Tem DeMott seconded the motion. The members agreed unanimously. –CLOSED-
E. Appoint Laura
Wilson to Public Safety Committee – Council Member Copley made a motion
to appoint Laura Wilson to the Public Safety Committee. Council Member Wilkinson seconded the
motion. The members agreed
unanimously. –CLOSED-
COMMITTEE REPORTS
A. Planning Board – There were no
additional comments.
B. Public Works – Council Member Copley
stated The Town Engineer David Poore will be present at tomorrows Public Works
meeting to discuss what the Town could do to improve the longevity of the
pavement on Alpine Drive as well as other issues .
C. Public Safety – Mayor Dodson presented
and read the April 2007 Fire Department Calls report from Fire Chief, Bobby
Powell.
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 – Council Member Copley stated she
is very impressed with the degree in which the TDA is addressing general issues
around Town which will make us a more desirable destination and at the same
time improve quality for our residence.
COUNCIL COMMENTS
Mayor Pro Tem DeMott reminded the
Council that Town Hall still has a basket to collect donated glasses or lens
that will be distributed by the Lenscrafter Foundation to poorer
countries. Also, cell phones are
collected, reprogrammed to dial 911 and distributed to individuals in domestic
situations who could not otherwise afford a cell phone.
Council Member Wilkinson stated
he would like to address Leonard Cottoms request to the Town. The owners, community, and Town have been in
limbo for a long time, trying to figure out if the Town could do anything with
the golf course. He thinks the Council needs
to set some kind of goal to either back out of pursuing eminent domain or going
forward with it.
A lengthy discussion
followed. Council Member Copley made a
motion to schedule a Public Hearing at 5:30 pm on Monday, June 11, 2007 for the
Town Council's solicitation of public comment concerning possible eminent
domain action on the former golf course.
Council Member Wilkinson seconded the motion. The members agreed unanimously.
Council Member Copley stated at
the last budget workshop she was describing how impact fees have to get
legislative approval and the process that Davidson, NC used to address it and
if that procedure would be applicable to Seven Devils. She would like further discussion. Mayor Dodson asked the Town Manager to work
on this for the next meeting. Council
Member Copley asked the Town Manager to see what the Adequate Public Facilities
Ordinance covers for them and if they needed any entities approval to have one. Also they limit it to facilities, the police
cars but not the police salaries and I do not know if it must be limited to
facilities or if that is just what they chose to do.
ADJOURN
At 7:43 pm, Mayor Dodson made a motion to adjourn. Council Member Wilkinson seconded the motion. The members agreed unanimously.
______________________________ ______________________________
Bob Dodson, Mayor Karen
E. Daniels, Town Clerk