Council Meeting Minutes                                     Village of Forest Hills

                                                                  August 2, 2004

 Mayor Jim Davis called the regular meeting of the Village of Forest Hills Council to order at 7:01 p.m. on Monday, August 2, 2004. This meeting was convened at the Jackson County Recreation Facility on Old Cullowhee Mountain Road.  Mayor Davis opened the meeting with a welcome to all present and an invocation.

 Council members present were: Mayor Davis; Councilpersons Sue Burton, Richard Iobst, Joe Rossano, and Jim Wallace.  Others present were: Finance Officer, Jim Weir; Planning Board Member, Eugene Tweedy; Economic Development Liaison, Irene Hooper; Zoning Board of Adjustment Member, Robert Rowland;  Assistant Clerk, Evelyn Rooks-Weir.  Cary King, reporter from the “Sylva Herald” was also present.

 Additional residents present were: Charlie Burton, Angela Davis, Trish Davis, Oakley Grant, Jean Kaufman,   Al Livecchi,   Ian Prichard, Janie Prentice, Mr. and Mrs. Thompson, Betty Tweedy, and Eric Young.

Mayor Davis announced that certain items of business would be addressed before the open meeting to hear, discuss and approve or disapprove revised zoning ordinances.  Mayor Davis called for additions and/or corrections to the minutes of the July Village Council Meeting.  Councilwoman Burton moved approval and Councilman Jim Wallace seconded the motion.  Motion passed.

 Finance Officer, Jim Weir was asked by Mayor Davis, for the July Financial Report of the Village.  Jim Weir had produced and distributed hard copies of his report to each member of the Village Council.  He noted that the only revenue generated during July was from sales tax.  Expenditures of twenty-seven hundred dollars ($2700.00) was unusually large because of annual expenses that are due in July.  Powell Bill Revenue will come in October and ad valorem taxes are distributed primarily February through April.  Councilman Iobst moved to accept the financial report and Councilman Wallace seconded the motion.  Motion passed.

 Irene Hooper was asked if she had a report from the Economic Development Commission.  She had none.

 Councilman Jim Wallace gave a brief report on his work with the Jackson County Greenway Committee.  This Jackson County Committee is delighted to have the Village partner with them on this project.

 Planning Board Member, Gene Tweedy, had no report.

 Councilwoman Sue Burton of the Campus Liaison Committee reported that she had followed up on a complaint received regarding a student/renter resident.  Councilwoman Burton has contacted the property owner and she and the owner will go together to speak to the student one-on-one this week.

The first meeting of the Liaison Committee of the 2004-05 school year is scheduled at 6:30 p.m. on August 31, 2004, in the Hinds Center.   Two seniors, a landlord representative, the vice-chancellor in charge of student affairs for WCU and Councilwoman Burton are the members of this University/Village Liaison Committee.  Janie Prentice suggested that parental responsibility might be sought to help solve student rental problems in the Village.  Ms. Prentice was informed by Councilman Wallace that the Village could not legally force parents to assume any such responsibility, however, landlords have this prerogative.

 Mayor Davis called the Open Public Meeting regarding revised zoning ordinances to order with an introduction of purpose of the ordinances.  He noted that the ordinances are intended to keep the Village a relatively quiet neighborhood for residents.  Ordinances are necessary to provide residents and law enforcement agencies necessary legal means to enforce certain regulations that help keep the Village safe, attractive and a pleasant place to live.  He further noted that everything in the amendments to the ordinances are intended to guide residents toward courtesy and consideration of their neighbors.  Mayor Davis emphasized that in a neighborhood, the common good is not necessarily synonymous with the wishes of each individual.  Therefore, at times, in a community of people, an individual’s wishes must be sacrificed for the good of the group.  He further noted that the goal is to keep the Village a peaceful neighborly place to live.

 Mayor Davis asked Councilman Jim Wallace to report briefly to the audience what the Ordinance Revision Committee has developed.  Councilman Wallace stated that the first thing that was done was make an index to the complete zoning document so that ordinances can be located and referenced with greater efficiency.  The following are categories under which revisions have been made:

 I           Miscellaneous Prohibitions

             A. Farm Animals

             B. Firearms

 II         Neighborhood Appearance

             A. Litter Control

             B. Unsightly Appearance and Unsafe                     Property          

             C. Pet Restrictions and Leash Laws

 III        Disturbing the Peace

 IV        Parking Regulations

 A discussion of the presented ordinance revisions was conducted for audience clarification.

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Councilman Wallace moved approval of the proposed changes to the June 17, 2002 Zoning Ordinances of the Village of Forest Hills and including the attached  index that was distributed to Council members.  Councilman Iobst seconded the motion.  After brief discussion among the Council members, the question was called and the motion passed.

 Mayor Davis proceeded with Old Business.  He announced that the three-way street sign at the intersection of North and South Country Club Drives is to be repaired.  Councilman Iobst moved and Councilman Wallace seconded replacement of the Cave Springs Road sign at an approximate cost of sixty dollars ($60.00).  This motion passed.

 Mayor Davis reported that he talked with one of the Division Engineers of the Department of Transportation regarding the State taking over the paving and maintenance of North and South Country Club Loop.  Because the Village has maintained the roads for an extended period of time, it has inherited the necessary right-of-way for the State to take over the roads.  This Right-of-Way Agent will be contacting either the Village or the Village Attorney, Jay Coward very soon.  This agent will sigh off on this project and forward it to the District Board of the DOT.  This Board will vote “yea” or “nea” whether the Village will get the roads.  Mr. Woodard, DOT Division Engineer and Conrad Burrow, DOT Board Representative were rather positive regarding this project.  Once this project is approved, it is anticipated that construction would begin within one to two years.

 Councilman Wallace and Mayor Davis have walked the roads to determine sections of the road that are to be given priority for hot-topping.  An estimate received for hot-topping four sections of the road was thirty-thousand dollars ($30,000).  Additional estimates are to be sought from Western Carolina Paving, Jason Stillwell and Tim Greene.  A discussion of road maintenance and use of limited revenues followed.

 Councilman Rossano moved that the hot-topping repairs to the road be authorized.  Councilwoman Burton seconded this motion.  Discussion followed.  Councilman Wallace moved and Councilman Iobst seconded tabling this motion until the November Council Meeting.  Discussion of financial resources followed.  The question for the motion to table the preceding motion was called.  Councilwoman Burton and Councilman Rossano voted “Yea”; Councilmen Iobst and Wallace voted “Nea”.  Mayor Davis broke the tie with a “Nea” vote to table the motion to repair the roads.

 The question was called for the motion to repair four priority sections of North and South Country Club Drives.  Councilwoman Burton and Councilman Rossano voted “Yea”; Councilmen Iobst and Wallace voted “Nea”.  This tie vote was broken by Mayor Davis with a “Yea” vote.  The motion to authorize repairing four priority sections of North and South Country Club Drives passed with a three to two vote.

 The Village Zoning Board of Adjustment will meet in closed session at 6:00 p.m.,Thursday, August 5, 2004 at the Jackson County Recreation Department Facility on Old Speedwell Road.