Council Meeting Minutes
Council Meeting Minutes Final Draft Subject to Council Approval
December 16, 2014
A regular meeting of the Town Council was held on Tuesday, December 16, 2014 at 12:00pm. Four Councilmembers were in attendance including, Mayor Robert Crabtree, Vice Mayor Guy Owen, Roger Carlton and John Garland. Councilmember Bob Allmond did not attend the Council meeting. Town Administrator Peggy Carver, Town Clerk Mandy Millsaps, and Town Public Works Technician Phillip Ellington were also present. Town Attorney Ellen Davis also attended the Council meeting.
The meeting was called to order at 12:01 PM by Mayor Robert Crabtree. Mayor Crabtree discussed the meeting minutes from November and stated that moving forward any corrections of the final draft minutes should to be made before or during the Planning Meeting. The minutes would then be approved, signed and filed on the day of the Council meeting. Mayor Crabtree called for a motion to approve the Council meeting minutes from November 18, 2014 and the Emergency Meeting minutes from November 21, 2014. Roger Carlton made a motion to approve the minutes. Guy Owen seconded the motion. All others present voted in the affirmative. The motion carried.
Mayor Crabtree called for a motion to approve the Agenda. Roger Carlton added to the Agenda as Old Business Item number six: Letter to Brookfield. Guy Owen made a motion to approve the Agenda John Garland seconded the motion all others present voted in the affirmative.The motion carried.
Roger Carlton gave the Financial Report:
He explained that the interest rates have not changed with First Citizens Bank having an interest rate of .05% United Community Bank having an interest rate of .1000% and CMT having an interest rate of .01%. Roger Carlton stated that the Town is currently on track with projected expenditures and income with both the General Fund and the Water Fund. He also stated that budget planning and a budget workshop for the upcoming fiscal year would begin in January 2015. Mayor Crabtree added that the Council should discuss a possible increase in the water consumption rate for Fiscal Year 15/16 when discussing the budget.
Roger Carlton asked the Council if they felt that a budget workshop would be helpful. The Council agreed that having a budget workshop is a good idea and that this should be held in February 2015. Roger Carlton asked Town Administrator Peggy Carver if the water payments were being received in a timely manner. Peggy stated that overall the water payments were returned within an appropriate time frame.
Town Public Works Technician Phillip Ellington gave report.
Philip discussed the need for paving and road repairs to certain sections of the Town roads. Mayor Crabtree asked Philip to inspect the roads in order to determine which areas are of priority. Mayor Crabtree stated that Philip should inspect Santeetlah Lakeside road conditions. Roger Carlton asked Philip Ellington to walk Santeetlah Lakeside with him in order to assess specific areas.
Mayor Crabtree opened Old Business Item #1: Santeetlah Lakeside roads
Lake Point Investments (formerly IBEX Mountain) would like to turn over Santeetlah Lakeside roads to the Town of Lake Santeetlah. Roger Carlton questioned if a document existed that discussed the amount of sale requirements for this property vs. turning over the roads to the Town at a certain point in time after the roads were completed. He stated that the document was never recorded with the Register of Deeds. Mayor Crabtree stated that he was under the understanding that the initial contract regarding Santeetlah Lakeside said that after three years the roads would be turned over to the Town and that amount of sale requirements were not mentioned as part of the contract. Mayor Crabtree also stated that the Town went back to Josť Rosado after the three years and nothing was done. Roger Carlton stated that there is no plat for the entire property and that the Town would need to have a copy of this plat if one can be provided before the roads could be accepted. John Garland stated that there is a survey of the property. Town Attorney Ellen Davis discussed theoretically the wording of the document and asked why the Town would want this document recorded with the County. Roger Carlton stated that by recording the document it would be easier for someone to locate when doing a title search. Mayor Crabtree asked if Santeetlah Lakeside has a sewer line. Roger Carlton stated that there is a sewer line in place for some of the units that connect to the septic tank for the lodge that will someday connect to the package plant when it becomes operational.
The Council and Town Attorney Ellen Davis then discussed the response letter from the Town to Mr. Rosado. The letter was amended after substantial discussion and a copy of the signed letter is therein incorporated in these minutes. Mayor Crabtree asked if the homeowners association of Santeetlah Lakeside was active and stated that if the Town were to take over the roads, future concerns from property owners would need to be dealt with on an individual basis. Town Attorney Ellen Davis and Mayor Robert Crabtree recommended that the response letter should address the bylaws for the home owners association and ask what the status of the association was. Mayor Crabtree called for a motion to approve the response letter as amended regarding Santeetlah Lakeside. Roger Carlton made a motion to approve the response letter with the amedments. John Garland seconded the motion. All others present voted in the affirmative. The motion carried.
Old Business Item #2: Occupancy Tax Update
This item was tabled pending talking points regarding Occupancy Tax and will be discussed at the Planning Meeting in January.
Old Business Item #3: RFP study
Roger Carlton stated that Ryan Sherby has asked the Town to basically hold off on this for now. Roger Carlton stated it would be best if he or Peggy could call Ryan Sherby again to check the status of the RFP study. This item was tabled to the January 2015 Planning Meeting until further information is obtained.
Old business item #4: Amending the Parking Variance Application.
Town Administrator Peggy Carver has spoken to the Graham County Register of Deeds and it was determined that a signed and notarized copy of the approved parking variance Application could be recorded and would follow the property. However, previously approved Parking Variances would need a form attached that can be signed and notarized and then taken to the Register of Deeds. This form will need to be drafted and then approved by Town Attorney Ellen Davis. Town Attorney Ellen Davis stated that all Parking Variance requests should not run with the land. She stated that she does not recommend the Town have Parking Variances recorded. John Garland stated that a copy of the parking Ordinance could be attached to the Building Application in hopes of making the property owner aware of the possible need for a variance. Roger Carlton stated that the intent of recording the parking variance is to make future owners aware that there is a Variance in place for the property. Mayor Crabtree asked if there were several variances requested over time for the same property would each Variance need to be recorded. Roger Carlton stated that by recording the variance you would not have to rely on the property sellerís disclosure to know that there is a variance, with a recorded variance a title search would show it. Town attorney Ellen Davis stated that a parking variance request should be a rare request. John Garland asked if the Town could just record the document as a single item and not follow the property. Town Attorney Ellen Davis stated that the recorded parking variance would not necessarily apply to every future property owner. Guy Owen asked if the Town could file a copy of the parking ordinance with each property deed town wide. The Parking Variance amendment was then tabled to the January 2015 Planning Meeting in order to allow more research on the need to file the variances with the Register of Deeds.
Old business item #6: Letter to Brookfield
Roger Carlton asked Town Administrator Peggy Carver if the Town had received a response letter from Brookfield. Peggy stated that the Town has not received a response. The Town Commission discussed the need to follow up and determined that Brookefield had lowered the lake somewhat and that the goal had been achieved.
New business item #1: Temporary Special Use Permit for Philip Rhodes:
Philip Rhodes has requested a special use permit in order to discharge a firearm within Town limits. Mr. Rhodes would like this permit in order to obtain mistletoe for the Christmas season. Mayor Crabtree called for a motion to approve this special use permit. John Garland made a motion to approve the Special use Permit. Guy Owen seconded the motion. All others present approved and voted in the affirmative. The motion carried.
New business item #2: Notice to Graham County Building Inspections Department
A notice was drafted by Town Administrator Peggy Carver regarding the requirement of a Building Application from the Town of Lake Santeetlah. This notice will be sent to the Graham County Building Inspection Department for posting and distribution. This notice will be given to property owners requesting a building permit from the County in order to make them aware of the need to obtain a building application from the Town of Lake Santeetlah. Roger Carlton made a motion to approve the notice. Guy Owen seconded the motion. All others present voted in the affirmative. The motion carried.
New business item #3: Parking Variance request Merle Henry
Mayor Crabtree called for a motion to approve the parking variance request from Merle Henry for 364 Thunderbird Trail. Roger Carlton made a motion to approve the Parking Variance request with the condition that only two parking spaces were approved within the variance. Guy Owen seconded the motion. All others voted in the affirmative. The motion carried.
Mayor Crabtree called for a motion to open public comment at 1:20 PM
Roger Carlton made a motion to open public comment. Guy Owen seconded the motion. All others approved.
Mayor Crabtree called for a motion to close public comment at 1:21pm. Guy Owen made a motion to close public comment. John Garland seconded the motion. All others voted in the affirmative the motion carried.
There will be a Planning Meeting January 15, 2014 and a Council meeting January 20, 2014
The meeting was adjourned at 1:22 PM
Robert P. Crabtree, Mayor Miranda Millsaps, Town Clerk