September 2010


                                                    Council Meeting

                                                Village of Forest Hills

                                                   September 7, 2010


The following members of the Council were present:  Clark Corwin, Carl Hooper, Gene Tweedy, Suzanne Stone and Jim Wallace.  Village officers Kolleen Begley, Financial

Officer, Town Clerk, Christine Friesner, substitute for clerk. Meeting was held at the Jackson Country Recreation Center located next to Cullowhee Valley School on Cullowhee Mtn. Road. 


  1. Meeting called to Order: 6:03 PM


  1. Opening prayer.


  1. Approval of Minutes from August 3, 2010 Council Meeting.  (Tweedy moved, Hooper seconded, no additions or corrections, motion passed.)


  1. Financial report from Financial Officer, Kolleen Begley. Motion to accept by Corwin, second by Hooper, approved.


  1. Village clerk position will be filled by MaryAnn Budahl for a period of six months beginning in November 2010.  Another substitute is needed for October of 2010. Kolleen Begley volunteered to take notes in October. Suggestion to advertise in the Sylva paper for the position of Clerk. Council agreed.


  1. Modification of Village Ordinances was brought up by Mayor Wallace.


             Discussion followed on changes/modifications in R-1,   R-1A, R-2,  M-1 and P-1.         This specifically concerns the wording of “unrelated persons” occupying premises being changed to “non-family”.  These changes would also include requiring a conditional use permit: it has been recommended that it be changed from FOUR to MORE THAN TWO on pages 5, 6, 8, 12, and 13.  Also related changes have been made to Sec. 219 and the accompanying table on page 20, and to section 501.1 (F) on page 27.  Underscoring and strike-throughs indicate where the changes have been suggested. 


            It was recommended to set a public hearing for the October meeting for notification of these changes.   Tweedy moved the motion, seconded by Stone.  Motion passed.


  1. Clark Corwin commented that Ethics training for Council members and for the Village Financial Officer, and the Zoning Administrator could all be accomplished by the use of a two hour internet generated webinar perhaps through Western Carolina University at the cost of $95.00.  A possible time might be from 6:00 to 8:00 P.M., perhaps on a Tuesday during the month of September.  Arrangements will be made and people notified.  Corwin made motion that: A training session be organized and the involved people notified. Motion was seconded by: Suzanne Stone.  Motion passed.  Clark Corwin will initiate the set-up. 


      8.  Mayor Wallace presented information that Todd Collins, a Political Science professor at WCU may be involved in a survey on the upcoming village changes with regard to:  1. Village Name Change,   2. Alcoholic Referendum,   3. Annexing University property, including necessary ordinance changes that might involve the proposed Town Center.  Jim Wallace will be in contact with Professor Collins.


 A summary of what was presented by Tom McClure on August 26, 2010 and what needs to be considered was presented by Jim Wallace. The following are the considerations:


A.        Procedure for village name change


1.      Adopt a “Resolution of Intent”


2.      Simultaneously schedule a public hearing to occur in less than 45 days after the adoption of the above resolution.


3.      Following the public hearing, BUT NOT  earlier than the next regular meeting NOR later than 60 days from date of hearing, the Council may adopt an ordinance AMENDING THE CHARTER to implement the amendments proposed in the “Resolution of Intent.”  The council may or may not utilize a referendum to adopt.


4.      Publish a notice stating the amendment to the charter.


5.      Certified copy of the charter amendment shall be filed with the Secretary of State and the Legislative Library by the Town Clerk. (While doing this we must check on the status of filing our charter with the Secretary of State.


B.         Authority to hold referendum for approval to allow the sale of alcoholic                                  beverages.


1.      Arrange for a special bill to be passed by the NC General Assembly.


2.      IF the bill is passed then the Council MUST decide when and IF it will   hold a referendum.


3.      IF there is to be a referendum, the Council must request the County Board of Elections to set a date for such an election NOT sooner than 60 days, nor later than 120 days.



C.      Zoning Requirement for proposed Town Center.


1.      A  Mixed Land Use” zoning ordinance will be required.  The Council can NOT begin this process until we receive “The Proposal” from WCU.  I am anticipating that we could basically utilize the negotiated proposal, or something legally similar, directly in our ordinances.


D.       Procedure for Voluntary Annexation:


1.      Property owners (WCU/State of NC?) submit petition for annexation to the Village Council.


2.      If the Village Council is interested in pursuing the annexation it would authorize the Village Clerk to investigate the petitions sufficiency.


3.      Upon certification by the Clerk, the Council schedules a public hearing.


4.      Public Hearing.


5.      After the public hearing the council may act on the petition or wait until a subsequent meeting.


E.       Develop an Agreement for proceeding with the proposed Town Center.


1.      Draft Format: for the purpose of Council discussion and negotiation.


2.  Final Negotiated Format:  Set public hearing following proper procedures.


A motion by Suzanne Stone, seconded by Gene Tweedy to wait until we get the proposal from Western Carolina University before doing any preliminary work as to what the Village might do regarding a Village Name Change, an Alcohol Referendum, and annexation of University property.  The proposal from WCU may be available in 3 – 4 weeks and the Council could review prior to the next meeting. Motion failed. 


The Mayor was told to proceed with arranging for:


a.        A village name change resolution with our legal council, and


b.       A meeting with Rep. Phil Haire concerning arrangements for legislative approval for allowing the village to consider an alcoholic beverage referendum.






1.      Kolleen Begley has received an email from R & R, the company that is doing the landscaping and work on the entrance to the Village of Forest Hills.  It stated it has not received payment for any of the work and would like to be paid.  The total is for the years of 2008 - 2010 up to this date.  A total of $6,000.00 was requested.  Gene Tweedy moved to pay R & R for the work completed.  Clark Corwin seconded.


2.      Tweedy proposed an amendment to the     above request to:  pay ½ now this fiscal year and the other ½ at the beginning of next year due to our budget and needs for the rest of the current year. Clark Corwin seconded the motion. Motion passed as amended.


3.      Carl Hooper proposed that the Village renegotiate the contract with R & R and include more information as to when work would be done. Suzanne Stone seconded motion. The motion passed.  Mayor Wallace will write to R & R about setting up the new agreement.


4.      Motion to adjourn by Carl Hooper, seconded by Suzanne Stone, motion passed.


Meeting adjourned at 8:20 PM.


Submitted by Christine Friesner, acting Clerk.