The Work Session meeting for the Village of Forest Hills was held at the Jackson County Recreation Center at 6:00pm on October 04, 2016.

The following members of the Council were present:

Mayor Kolleen Begley

Councilmember Ron Mau

Councilmember Carl Hooper

Councilmember Clark Corwin

Councilmember Debbie Rowland

The following Non-Council members were present:

Stephanie Gibson, Clerk

Ken Dickert, Zoning Administrator

Marty Hydaker, Property Owner

Rick Bennett, Property Owner

Anthony Fox, Municipal Attorney, via speaker phone

Chip Hall, Jackson County Sheriff

Kim Hooper, Jackson County Sheriff’ office

1. Call to Order:  The meeting was called to order at 6:00pm by Mayor Begley.

• Ordinance enforcement with Jackson County Sheriff’ office: – Mayor Begley asked   Anthony Fox to begin by addressing proper protocol for ordinance enforcement. Attorney Fox began by saying that the Village noise ordinance, Article 200, Section 215, needs to be made clearer as far as property owner and/or tenant responsibility.  In addition, Mr. Fox said that the property owners may want to consider adding provisions in their leases or rental agreements regarding the Village ordinances.  Marty Hydaker responded saying that he feels that the fines for ordinance violations should be directed to the tenants.  He said that he and his business partner, Rick Bennett, do not support tenant’s behavior when they violate ordinances but they cannot be held liable for violations that they are unaware of.

Mayor Begley said that Ken Dickert has been issuing letters to property owners in response to noise violations with fines assessed after violations; she asked officer Hooper if the patrolmen should be doing this and he said that he would have to get clarification from the County attorney and District Attorney about issuing citations.  He noted that if they issue citations for noise ordinance violations, it would may be violations to the Jackson County ordinances, not the Village ordinances.  Attorney Fox said that the Sheriff’s office should be able to enforce Village ordinances since the Village is in the county.  Officer Hooper said that he needs to meet with the County attorney for confirmation about the noise ordinance in effect after 11:30 pm.  He said that if they are called out for a noise violation, they issue a verbal warning the first time, if they are called a second time, they issue a citation to the offender(s).  Officer Hooper said that the County has no equipment to test decibel levels.

Attorney Fox said that the Village needs to clean up its ordinance language, he noted that under the Ordinance provisions, an owner must identify their tenant, and owner’s lease should stipulate that the tenant must not cause or allow anyone at the property to create a disturbance.

Mayor Begley asked if the Sheriff’s office could provide a log of calls from the Village with Noise Ordinance violations and he said they should be listed on the reports.

Mayor Begley asked officer Hooper about enforcement of Article 300 of the ordinances regarding Off-Street Parking; he said that for issues on state roads, the Highway Patrol should be contacted and if they do not respond, then call the Sheriff’s office.

• Civil Citation Form:  (to property owner and/or Tenant): Mayor Begley asked if citations should be given to the tenant and/or property owner, Officer Hooper said that the fines should be requested from the tenants but that the form should probably go to the tenant and to the property owner so that they are each aware of the circumstances.

Councilmember Corwin to follow up on these discussions for further clarification and Kristy Carter will assist with re-wording the noise ordinance for clarity.

The Council meeting for the Village of Forest Hills was held at the Jackson County Recreation Center at 6:30 pm on October 04, 2016.

The following members of the Council were present:

Mayor Kolleen Begley

Councilmember Ron Mau

Councilmember Carl Hooper

Councilmember Clark Corwin

Councilmember Debbie Rowland

The following Non-Council members were present:

Stephanie Gibson, Clerk

David and Kay Shapiro, Village homeowners

1. Call to order:  The meeting was called to order at 7:10 pm by Mayor Kolleen Begley. 

2.  Announcements:   a) November meeting is cancelled due to elections, December meeting is regular meeting Dec. 6^th.

                                    b)  Reminder – Monday October 17^th is semi-annual Jackson County governmental entities meeting, dinner at 5:30, and meeting at 6:00 pm, all councilmembers are invited. 

3. Approval of Agenda:  Mayor Begley suggested moving Public Comment to come after the approval of the agenda in the agenda items so as to accommodate the homeowners who have been waiting to speak to the board.  Councilmember Corwin made a motion to approve the revised agenda; Councilmember Rowland seconded the motion, unanimously approved. 

4. Public Comment:  David and Kay Shapiro shared their concerns about safety issues related to the road intersection of Cave Springs and South Country Club Drive near their property.  Mr. Shapiro said that they purchased their home in 1990 and they later protested the design of Cave Springs Road but to no avail.  He said that in January of this year there was an accident, a car slid of the road and into their property as well as their home, and thankfully there were no injuries to individuals.  Mr. Shapiro stated that he feels that there is impending danger and he would like to request that the Village address correcting the dangers at their expense with one of the options outlined which include:  Re-routing Caves Springs Road, creating a diverter, installing a very stout gate to allow entry/exit to Caves Springs Road, or installing a guardrail. Mr. Shapiro said that he has served on the Planning Board and that Kay has served on the Council in past years.  He asked that the Council review the options he has provided and asked when the Council might discuss those options in an open meeting.  

Councilmember Corwin said that he would like to see about consulting with a civil engineer to get a professional opinion about the road issue. 

Councilmember Mau noted that the State looks at accident data over a period of time in determining the need for guardrails.  Councilmember Corwin said he feels that we need to look at the Village from a community aspect.

 Kay Shapiro asked to be on the December Work Session Agenda.  Council recommended that this discussion be added to New Business later this evening. 

5. Approval of Meeting Minutes from the September 06, 2016 Council Meeting:  Councilmember Corwin made a motion to approve the meeting minutes; Councilmember Mau seconded the motion, unanimously approved. 

6. Acceptance of Financial Report & Checklist for the month of August and September, 2016:  Councilmember Hooper made a motion to accept the financial report for the month of August; Councilmember Mau seconded the motion, unanimously approved.  Councilmember Hooper made a motion to accept the financial report for the month of September; Councilmember Mau seconded the motion, unanimously approved. 

7.  Reports

• Mayor’s Report:  Kolleen Begley - Mayor Begley said there was no new information to report; the next Mayor’s meeting is this week.

Mayor Begley noted that the Forest Hills Estate Homeowner’s Association paid for the ROW tree trimming that was done on Caves Springs Road.  Also, she noted that there were some signs missing in the Village that are in the process of being replaced.

Mayor Begley said that she got a call from Chris Green and he said that he has developers interested in working with him on his property.  Chris Green also mentioned that a recent survey of his property showed that neighboring properties may be encroaching beyond their property lines onto his property, one instance being a driveway built on his property. Chris requested a list of property owners adjoining his property and Mayor Begley informed him that he can get this list from the County mapping department.

Mayor Begley said that she received a call from a developer interested in the Hooper’s property; she noted that there are currently a lot of vehicles parked on the property.  Council said that zoning can be enforced.  Councilmember Corwin said that he would check with Kristy regarding parking in this ETJ area.

• Planning Board:  Clark Corwin - Councilmember Corwin said that the Planning Board members reviewed the Staff Report from Kristy Carter.  He noted that no action was taken on the Village fine schedules; they will discuss them further at the December meeting after the board revisits fines and schedule of fees in November.  Councilmember Corwin will follow-up with Kristy on the creation of a standard citation form for the Village Ordinance Administrator.
• Safety & RPO Board:  Carl Hooper - Councilmember Hooper said that there was one citation issued for a vehicle with no registration, a landlord/tenant dispute, a skateboarding warning issued, and a noise issue was reported but the patrolman was unable to locate the disturbance.  RPO – the last meeting was rescheduled.  Councilmember Hooper said that the sidewalk proposal project did not get through to the next step and will have to be resubmitted during the next application process with the RPO board.
• Jackson County CTP:  Ron Mau – Councilmember Mau said that at the last meeting sub-committees for projects gave their reports and at the meeting tomorrow they will be looking at the Transportation Plan from now through 2040.
• Roads:  Debbie Rowland – Councilmember Rowland asked Councilmember Hooper if he would check with Parker Paving about potholes that still needed to be filled on Virginia Lane and Councilmember Hooper indicated that Mr. Parker will get those filled.  Councilmember Rowland said that she received an email from Kathy Clemmons a homeowner requesting that South Country Club Drive be resurfaced instead of having the potholes repaired.  The Council discussed the paving schedule and Mayor Begley said that she will email the homeowner with that schedule.  Councilmember Rowland asked that Mayor Begley mention to D.O.T. that there is no shoulder on the road near the Wallace residence. 

8. Unfinished Business: 

• Village Entrance & Rebranding:  Mayor Begley

Update on new logo: – Scott Clontz @ SCC has been working with students to come up with ideas for a new sign/logo for the Village; he provided samples that Mayor Begley distributed for the Council to review.  Council discussed the proofs provided and ranked them; Mayor Begley will get back to Mr. Clontz with feedback and ideas.

• Village Entrance:  Mayor Begley discussed ideas Ben Graning and his team suggested for scaling back the landscaping to reduce ongoing maintenance costs.  Council discussed ideas and had already approved the first phase of bush removal in front of the rock wall and replacing the fence for the cost of $2,775. 00 and would prefer to revisit additional stages of improvement after that work has been completed.  Mayor Begley noted that B.H. Graning will begin the already approved work on October 17^th. 

9.  New Business: 

• Cave Spring Road Safety: Council discussed the Shapiro’s concern with road safety and recapped the response already addressed by the Village which was adding 2 road signs reading “Slippery When Snowy or Icy” in both directions on Cave Springs Road, discussions with Attorney Moore, and obtaining a quote for a guard rail/fence on the Shapiro’s property which was submitted to the Shapiros.  Councilmember Rowland suggested revisiting the safety concern and Councilmember Corwin suggested getting a professional opinion from an engineer.    

    10. Additional Public Comment:  None 

    11. Adjourn:  At 9:00pm Councilmember Rowland made a motion to adjourn; Councilmember Mau seconded the motion, unanimously approved.