Council nixes ‘waterfall property’ purchase

An opportunity to purchase land that includes a waterfall was removed from the agenda at the Daleville City Council meeting Aug. 3.

The council unanimously agreed to Daleville Mayor Jayme Stayton’s recommendation to remove an item listed on the agenda as “economic development” after discussion with the Daleville City Attorney Henry Steagall at a council work session held the day before.

At the work session Steagall said that he had been made aware by the mayor that the city had been contacted by the land owner of what he called the “waterfall property.”

The property is located off of Holt Lane in Daleville and its value is assessed by the Dale County Revenue Office at $34,000, Steagall said.

“I was told she would sell the property to the city for $75,000 so I drew up a contract for $75,000 and sent it to her July 22,” Steagall said, adding that he had received no response from the landowner despite multiple efforts through multiple means to contact her.

Steagall said that while he had not heard back from the landowner, the mayor had heard from the her. “I understand that she bumped the price up to $93,000,” he told the council.

Noting that the property contains a waterfall with a 20-foot drop and no fencing or lighting, Steagall suggested “we all get on our boots and go take a look at it.”

Property line surveys would have to be done and environmental studies conducted prior to a purchase, Steagall said. “There’s a lot of work that you are going to have to do if you pursue this.

“Somebody would have to go upstream and see where the water is coming from,” he added. “The water would have to be tested to ensure that it is safe.

“As your attorney I just can’t stand here and recommend that you do something like this unless it’s overwhelmingly something you have got to have for the good of the community,” Steagall said. “There is just going to be some liability issues and as your lawyer I’ve got to warn you about that.”

Stayton said that the landowner changing her price mid-negotiation did not impress him and that the liabilities associated with the property were a concern. “I thought it was something that the city could get involved with but as I researched it more it didn’t seem feasible,” he said.

Councilwomen Katheryn Horace and Jo Reese agreed. “Initially it sounded like a really good project but as we continue to investigate and look at the liability—and the fact that she is continually negotiating the price and not talking with the attorney—it just doesn’t sound that appealing any more, especially with that 20-foot drop.

“So we’d need guardrails, lighting, police surveying,” said Reese. “It doesn’t seem like something we need to pursue.

Councilman Alan Souders said that at first glance the offer seemed to be something that would have been good for the city. “It is located in the center of town and cleaned up it might have made a nice area for the citizens,” he said. “But now it sounds like it would be too much of a liability.

No official voting is authorized at council work sessions but Steagall told the council that if there was no interest in pursuing the purchase, the council should remove it from the agenda at the voting meeting Aug. 3.

The next meeting of the Daleville City Council is a work session Monday, Aug. 16, at 5 p.m. in the council chambers at city hall. The next voting meeting of the council is Tuesday, Aug. 17 at 5:30 p.m. in the same location. Both meetings are open to the public.