Forest Hills Council Meeting 2-3-03

Village of Forest Hills

Council Meeting

Monday, February 3, 2003

7:00 PM

Jackson County Recreation Center


Mayor Jim Davis called the regular meeting of the Village of Forest Hills Council to order at 7:05 PM.  In attendance were Mayor James Davis; Councilpersons Sue Burton, Dick Iobst, and Jim Wallace; Attorney Jay Coward; Former Mayor Irene Hooper; Sylva Herald Reporter Rose Hooper; Clerk Mary Ann Budahl; Don and Bonnie Stewart; and three residents of the Village.  Mayor Davis welcomed all in attendance and said a brief prayer. 


Mayor Davis asked if there were corrections to the minutes of the January 6th meeting.  There being none, the minutes were approved (Burton, Iobst). 


Jim Weir’s Financial Report was presented by Councilperson Burton.  The Village received $6530.00 in ad valorem taxes last month.  Funds balance:  $59,640.00.  The report was accepted (Iobst, Wallace).


The Mayor paraphrased a letter from several attorneys regarding our interest in joining in a class action suit for recovery of funds that were withheld by the Secretary of Revenue.  No action taken.


Former Mayor Irene Hooper reported on the EDC Committee.  She reported favorably on the tour that the committee took of the QC Apparel business, and stated that the committee has plans to visit other businesses in the area as well. 


She also reported on the Greenway Commission.  Each municipality is expected to appoint three members to the Commission.  Mayor Davis asked if she would represent Forest Hills along with previously appointed member Jim Wallace, and another as yet unnamed resident.  Ms. Hooper said she would represent Forest Hills.  She said that the Commission is actively involved in the process of pursuing grants, and in obtaining rights-of-way toward Cullowhee.  Motion to appoint Ms. Irene Hooper as a representative to the Greenway Commission passed unanimously.  (Iobst, Wallace).  The Council will work on appointing a third representative.


Gene Tweedy reported for the Planning Board.  He and Sally James recently met with Richard McHargue of the Jackson County Planning Board regarding a sewer system.  The Planning Board requested a list of the appointed terms of the Planning Board members and when their terms expire.  Clerk Budahl will obtain this and email it to Vice Chairman Tweedy.


The Planning Board requested that the Planning Board and the Village Council meet together on a quarterly basis to discuss mutual goals and strategies.  It was decided that when such a meeting is planned, it will be publicized so that the community can attend as well. 


Councilperson Wallace moved that a list of suggested amendments be considered by the Village of Forest Hills Planning Board for incorporation into the Zoning Ordinance document (attached).  These are to be reported back to the Council by May 5. His motion was seconded by Iobst.  The items to be considered included rental property as it pertains to the problems of litter, parking, and responsibility of the lessor and tenants; instituting no parking along North Country Club Drive between Hwy 107 and the University Motel; disturbing the peace (noise control), rezoning R-4 property, and a proposed fee schedule for noncompliance.  The motion passed unanimously.


Wallace then moved that the Planning Board investigate the concept of “leash laws” and how to deal with untethered dogs. (seconded by Iobst).  Passed unanimously.


Attorney Coward was asked to report on his findings involving the easement of the connector between North and South Country Club Drives.  He brought a map of the Dillard Real Estate Corporation subdivision that was recorded at the Court House on August 21, 1991.  This map has been the referent map in numerous deeds.  He further pointed out that the roads are shown in various ways, but all appear to have a 60-foot wide right-of-way, insofar as North and South Country Club Drives are concerned.  Some lots show a boundary line that goes to the center line of the 60-foot easement; some go to the side of the road.  Attorney Coward explained that an easement may be created by ‘dedication’ which is either formal transfer whereby an individual grants to the public the right to use this land,  or informal transfer, which involves acceptance of the offer by the public in some recognized public manner.


He further clarified that since this map has been registered and is referred to in numerous deeds, and since the Village has accepted North and South Country Club Drives by using public money for their upkeep and maintenance, we therefore can accept the dedication of North and South Country Club Drives, and maintain the connector between North and South Country Club Drives.  Furthermore, our municipality can accept the portions of North and South Country Club Drives that are not now state maintained and can determine whether or not we desire the state to take over maintenance.


Motion that the Village of Forest Hills accepts the connector between North and South Country Club Drives as shown on the Dillard Real Estate Corporation map (Iobst, Wallace.)  Iobst amended his motion then in this manner:  that the Village of Forest Hills makes a declaration of acceptance for those parts of North and South Country Club Drives which are not maintained by State funds, and that Attorney Coward open up a dialogue with the State’s Attorney General regarding this.  Seconded by Wallace and approved unanimously.


Motion to authorize the Road Committee to spend previously authorized sum of $3200.00 for drainage system and gravel on the connector portion of North and South Country Club Drives.  (Iobst, Wallace)  An amendment by Wallace to include a request to the Planning Board to design a plan to allow only emergency vehicles to use the connector was withdrawn.


The Council expressed their thanks to Attorney Jay Coward for his excellent report and for his dedication to the Village of Forest Hills.


Mayor Davis then introduced Don Stewart and his wife, Bonnie.  They are residents of Whittier and are currently in the process of negotiating with Bruce Green to acquire the property in the center of the Village to return it to a nine-hole golf course.  Mr. Stewart requested information regarding ordinances, traffic, etc. and expressed some of his concerns and considerations.  He was given a copy of the subdivision regulations and the zoning ordinances, and he promised to keep us appraised of any progress.


There being no further business, the motion for adjournment was entertained (Iobst, Wallace) and passed unanimously.


Mary Ann Budahl