MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 9:00 a.m. in
the Commissioners' Conference Room of the
Those present were: Chairman Bill Moyer, Vice-Chairman Charlie
Messer, Commissioner Larry Young, Commissioner Shannon Baldwin, Commissioner
Chuck McGrady, County Manager David E. Nicholson, Assistant County Manager
Justin Hembree, County Attorney Russell Burrell, and Clerk to the Board
Elizabeth W. Corn.
Also present were:
Planning Director Karen C. Smith, Budget and Management Director Selena Coffey, Public Information Officer Chris S. Coulson,
Fire Marshal Rocky Hyder, Finance Director J. Carey McLelland, Planners Lori
Sand and Matt Cable, and Animal Control Director Morgan Woodward. Deputy Clerk
to the Board Amy Brantley was present through nominations.
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Commissioner McGrady led
the Pledge of Allegiance to the American Flag.
INVOCATION
David Nicholson gave the
invocation.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer noted
that this was the last regularly scheduled meeting for Planning Director Karen
Smith. Chairman Moyer stated that he had worked with Ms. Smith since the early
1990’s, and had watched her work her way through the Department over the years
to become the Director. He stated that Ms. Smith had made a substantial
contribution to the County, and the citizens of the County as well as the Board
owed Karen a great debt. Commissioner McGrady stated that he had been the Chairman
of the Planning Board when Karen became the Director, and had the pleasure of
working with her both in that capacity and as a Commissioner. Commissioner
Baldwin stated that he had the rare privilege of working with Karen as a
Planner. Having worked for her, and in his role as a Commissioner, Commissioner
Baldwin thanked Karen for everything she had done for the County. Commissioner
Messer thanked Karen for her service to the County and wished her the best.
Commissioner Young thanked Ms. Smith for the professional job she had done for
the County. A round of applause for Ms. Smith followed the Boards
comments.
INFORMAL PUBLIC COMMENTS
1.
Eva Ritchey – Ms. Ritchey spoke on
behalf of the Democratic Party. She hoped that in replacing the Planning Director,
the County would look to someone with the skills and background in Planning. It
is a complex job, and she hoped they would find someone with great experience.
Ms. Ritchey then spoke
to the Cable Franchise renewal process. She discussed a recent incident which
occurred at a Cable Franchise Renewal Committee meeting. She stated that for
the first 20 minutes of the meeting, the Chair did everything in his power to
mislead the conversation and to give information that was not correct. It was
clear the Chair of that Committee did not support a Public Access Channel, and
everything he said was geared toward convincing everyone in the audience that
all programming could be handled by the education channel and the government
channel. She discussed the opportunities that would be missed by not supporting
a Public Access Channel. To that end the Democratic Party recommended
establishing an Education Access Channel, a Public Access Channel and I-NET.
Ms. Ritchey stated that
the County had entered into an agreement with a consultant who had direct ties
to the Cablevision industry. She questioned whether John Howell’s industry ties
would allow him to be fair and unbiased. She stated that the Democratic Party
was requesting a copy of Mr. Howell’s contract. They were also requesting a
copy of a letter that “Vice-President Randy Rhoades sent to Waycaster that is
now in the possession of John Crook and that he refuses to share with the
Times-News.”
She then discussed the situation
with WHKP being broadcast on Channel 11, stating that it was a monopoly and as
such was opposed by the Party. She also stated that Mediacom felt the broadcast
of WHKP on Channel 11 was wrong, and pointed out several sections of the HCTV
Broadcast Policies which appeared to support that view. In the interest of
fairness to all citizens, the Henderson County Democratic Party requested the
removal of WHKP from Channel 11. They expected an answer from the County within
30 days from the issuance of that request, which had been on June 29th. There was some discussion about the status of
the requests made. David Nicholson informed the Board that with respect to a
contract for John Howell, no such contract existed because the County only used
Mr. Howell as needed and even then as an hourly employee.
DISCUSSION/ADJUSTMENT OF AGENDA - continued
David Nicholson
requested the Board pull Discussion Item “A” – NCDOT Secondary Roads. The DOT
had called and cancelled that discussion. Commissioner Messer requested the
addition of Discussion Item “I” – Dupont Property. Chairman Moyer pulled the
Closed Session Item, stating that it would be back on the agenda for August 1,
2005.
Commissioner
McGrady made the motion to approve the agenda as revised. All voted in
favor and the motion carried.
CONSENT AGENDA
Commissioner
McGrady requested the June 15, 2005 minutes be pulled. He had a minor
correction to that set of minutes.
Commissioner McGrady made the motion
to adopt the Consent Agenda other than the June 15 minutes. All voted in favor and the motion carried.
The
Consent Agenda items included the following:
Minutes
Draft minutes were presented of the
following meetings for the Board’s review and approval:
June 9, 2005 – Special
Called Meeting
June 23, 2005 -
Special Called Meeting
Tax Collector’s Report
Terry F. Lyda, Henderson
County Tax Collector, had provided the Tax Collectors Report dated July 14,
2005 for the Board’s information.
Tax Refunds
A list of 7 tax refund
requests was presented by the
Tax Releases
A list of 12 tax release
requests was presented by the
Tax Discoveries
A list of 24 tax
discovery requests was presented by the
MSD Rate
Increase
The
wastewater collected by the Cane Creek Water and Sewer District (CCWSD) sewer
system is treated by the Metropolitan Sewerage District (MSD). Effective July
1, 2005 the amount that MSD charges the CCWSD for said wastewater treatment
will increase from $4.08 per 1,000 gallons to $4.21 per 1,000 gallons.
Staff
recommended passing the additional cost on to the
CCWSD sewer customers. If this meets with the Board’s approval, staff requested that the Board approve the following Proposed Rates.
CURRENT
RATES
Minimum
Charge/Month (up to the
first 4,500 gallons per month) A. $16.42 Treatment
Charge/Month (from 0 gallons
up) B. $4.08 per 1,000 gallons Overage
Charge/Month (all over 4,500
gallons per month) C. $3.67 per 1,000 gallons TOTAL MONTHLY
CHARGE Add results of
(B) and (C) to (A) |
PROPOSED
RATES
Minimum
Charge/Month (up to the first 4,500 gallons per month) A. $16.42 Treatment
Charge/Month (from
0 gallons up) B. $4.21 per 1,000 gallons Overage
Charge/Month (all over 4,500 gallons per month) C. $3.67 per 1,000 gallons TOTAL MONTHLY
CHARGE Add results of (B) and (C) to (A) |
If the CCWSD sewer rates are
increased, as proposed, the monthly sewer bill for the average homeowner will
increase by $.59 (fifty-nine cents). The
Designation
of plat review officers
N.C.
Gen. Stat. §47-30.2 requires that all persons appointed as plat review officers
be so appointed by a resolution recorded in the Register of Deeds office. “Plat review officers” insure that all plats
to be recorded comply with the plat requirements set out in the General
Statutes.
On
17 September 1997 this Board first adopted a plat review officer
resolution. This resolution also sets
out certain other procedures that all plat review officers must follow. The Board has from time to time updated its
appointments of plat review officers.
The
Board needs to again consider updating the list of those persons appointed as
plat review officers. The (outgoing)
Planning Director recommends that Anthony Prinz be added to the resolution, and
that Karen C. Smith and Natalie J. Berry be removed from that list. A proposed resolution has been prepared and was
attached for the Board’s consideration in order to accomplish this update. This proposed resolution restates all other
persons currently appointed as plat review officers.
The
County manager supports this proposal. County staff were present and prepared
if requested to give further information on this matter. If the Board is so
inclined, the following motion was suggested: I move that the Board adopt the proposed resolution attached to the
Agenda Item appointing a new list of plat review officers for
Improvement
Guarantee for Leoni’s Mountain Lake Homes
Todd Leoni submitted on
behalf of Camp Riley, Inc., owner of Leoni's Mountain Lake Homes, an
application for an improvement guarantee for the Leoni's Mountain Lake Homes
Planned Unit Development. Leoni's Mountain Lake Homes is a 26-lot Planned Unit
Development located on 12 acres of land that is adjacent to
According to Sections 170-38
and 170-39 of the Henderson County Subdivision Ordinance, where the required
improvements have not been completed or in lieu of completing all of the
required improvements in order to submit a Final Plat and also prior to Final
Plat approval, the developer may post a performance guarantee for the
improvements. Section 170-38 of the Henderson County Subdivision Ordinance also
states that the installation of the improvements must be completed within two
years of the date of approval of the improvement guarantee. The developer
intends to post with the County an irrevocable letter of credit in the amount
of at least $82,219.00 to cover the cost of the improvements ($65,775.00) as
well as the required twenty- five percent (25%) contingency ($16,444.00). The
proposed completion date for the improvements is June 30, 2006.
A draft Performance Guarantee
Agreement was presented for the Board's consideration. If the application is
approved, the developer must submit an irrevocable letter of credit in accordance
with the terms of the Agreement. Once the County receives a letter of credit in
proper form, the relevant parties must execute the Agreement. The
Request
for Second Extension of Improvement Guarantee for the
On
March 17, 2004, the Board of Commissioners approved an application submitted by
The Homestead at Mills River, LLC, and River Oaks Joint Venture, LLC
("developers"), for an improvement guarantee for Phase I of a
subdivision known as The Homestead at Mills River ("the project"). As
required by the Performance Guarantee Agreement for the improvement guarantee
("original Agreement"), the developer had to post with
The
Planning Department has received a letter from Scott McElrath, on behalf of the
developers, requesting that the County extend the deadline for completion of
the improvements to August 30, 2005. Mr. McElrath’s letter states that the
extension is needed due to ". . . the extraordinary rainfall and various
other unexpected delays." Section 170-39 of the Subdivision Ordinance
allows the Board of Commissioners, upon proof of difficulty, to grant
extensions to completion dates for improvement guarantees for a maximum of one
additional year, provided that the time between initiation and completion of
the improvements does not exceed two years.
If
the Board of Commissioners agrees to grant the requested extension, staff had presented
for the Board's consideration a draft Performance Guarantee Agreement which
reflects a new improvements completion date of August 30, 2005, and requires
submittal of an amendment to the surety performance bond showing an expiration
date not earlier than 60 days after such new improvements completion date. The
new Performance Guarantee Agreement must be executed by the relevant parties if
the Board approves the extension request. The extension, if granted, would not
cause the developer to exceed the two-year maximum time period for completion
of the required improvements. Therefore, the
Budget
Amendment
A budget amendment was presented to the
Board to cover the unanticipated cost of repair to the chiller at the
Courthouse. The
Proposed
Franchise Agreements for Emergency Medical Services (2nd reading):
Henderson County Rescue Squad, Inc., Gerton Volunteer Fire Department and
Rescue, Inc., Mills River Volunteer Fire and Rescue Department , Inc.
This
was for the second reading of proposed emergency medical services franchises
for Henderson County Rescue Squad, Inc., Gerton Volunteer Fire Department and
Rescue, Inc., and Mills River Volunteer Fire and Rescue Department, Inc.
(together, “the Applicants”), under the Henderson County Emergency Medical
Services Ordinance, Chapter 87 of the Henderson County Code. The Board approved these on first reading on
5 July 2005.
To
be effective, an ordinance granting a franchise must be approved at two regular
meetings of the Board of Commissioners.
Therefore, if approved today by the Board, the approval will be final.
If the Board was so inclined after hearing the evidence, the following motion
was suggested: I move that the Board give
final approval to the franchise applications of Henderson County Rescue Squad,
Inc., Gerton Volunteer Fire Department and Rescue, Inc., and Mills River
Volunteer Fire and Rescue Department, Inc., and grant Emergency Medical
Services franchises to these applicants, on the terms contained in the proposed
agreements provisionally approved by this Board on July 5, 2005.
Proposed
Franchise Agreement for Emergency Medical Services: Arc’Angel Trans’Support
Services
This
was for the second reading of proposed renewal of an emergency medical services
franchise for Arc’Angel Trans’Support Services, under the Henderson County
Emergency Medical Services Ordinance, Chapter 87 of the Henderson County
Code. The Board approved this on first
reading on 5 July 2005.
To
be effective, an ordinance granting a franchise must be approved at two regular
meetings of the Board of Commissioners.
Therefore, if approved today by the Board, the approval will be final.
If the Board was so inclined after hearing the evidence, the following motion
was suggested: I move that the Board give
final approval to the franchise renewal application of Arc’Angel Trans’Support
Services, and renew an Emergency Medical Services franchise to this applicant,
on the terms contained in the proposed agreement provisionally approved by this
Board on July 5, 2005.
Presented
for the Board’s consideration was the bid summary sheet for Phase 2 and 3 of
the Mills River Sewer Project. Phase 1 was currently under construction. These
phases were designed to provide sewer service to the business area at the
corner of NC 191 and NC 280, as well as, to
The
lowest bidder was H & M Constructors in the amount of $818,329. This
company is a sub-contractor on the inceptor line. The budget for these phases
is $900,000. The
NFIP
Application
Staff presented a resolution and application to be submitted to FEMA
along with a copy of the Henderson County Flood Damage Prevention Ordinance to
begin the process of joining the National Flood Insurance Program (NFIP). The
The Board held a
quasi-judicial public hearing on this matter on July 8, 2005. A proposed Order including findings and
conclusions, allowing the amendment (of the definition of townhouses/townhomes)
requested by Carriage Park Associates, L.L.C., was presented for the Board’s
consideration.
June 15, 2005 – Regular
Meeting Minutes
Commissioner McGrady noted that on page 2 of the
minutes, the Consent Agenda items were referred to as Closed Session. He
requested that wording be changed to Consent Agenda. Commissioner McGrady made the motion to adopt the minutes with that
change. All voted in favor and the motion carried.
NOMINATIONS
Notification of Vacancies
The Board was notified of the following vacancies and
these will appear on the next agenda for nominations:
1.
Cable Franchise Renewal
Advisory Committee – 1 vac.
2.
Child Fatality
Prevention Team – 1 vac.
3.
4.
WCCA – 1 vac.
Nominations
1.
On June 5 the following
individuals were nominated to Position #9: Terry Hicks and David Jones. There
were no other nominations at this time.
The Clerk polled the
Board for votes for these vacancies.
Each commissioner had one vote, as follows:
Commissioner
Young - David Jones
Commissioner Messer - David
Jones
Chairman Moyer - David
Jones
Commissioner
McGrady - David Jones
Commissioner
Baldwin - Terry
Hicks
David Jones was appointed to the
Henderson County Board of Health.
2.
Juvenile Crime
Prevention Council – 7 vac.
On June 5, Jametta Walker had been nominated to
Position #23. The question had been raised whether she was eligible to serve,
as she was a DSS employee. Staff’s consensus was that there would not be a
conflict if the Board appointed Ms. Walker. There were no other nominations at
this time. Chairman Moyer made the motion
to appoint Jametta Walker to Position #23 by acclamation. All voted in
favor and the motion carried.
On June 5, the following
individuals were nominated to Position #25: Sanford Marx and Al Henry. There
were no other nominations at this time.
The Clerk polled the
Board for votes for these vacancies. Each commissioner had one vote, as follows:
Commissioner
Baldwin - Al
Henry
Commissioner
McGrady - Al Henry
Chairman
Moyer - Al Henry
Commissioner
Messer - Al Henry
Commissioner
Young - Al Henry
Al Henry was appointed to the Juvenile
Crime Prevention Council.
Chairman
Moyer made the motion to elect Commissioner Baldwin to Position #11, designated
for a
3.
Land-of-Sky Regional
Advisory Council on Aging – 1 vac.
Ms. Brantley stated that she had spoken with
Land-of-Sky regarding this vacancy. The Board of Commissioners only makes the
nomination for the Council, Land-of-Sky makes the actual appointment. Commissioner McGrady made the motion to
nominate David Beardsley for the Land-of-Sky Advisory Council on Aging. Chairman
Moyer made the motion to accept Mr. Beardsley by acclamation. All voted in
favor and the motion carried.
4.
Mountain Area Workforce
Development Board – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
5.
Nursing/Adult Care Home
Community Advisory Committee – 2 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
Chairman
Moyer stated that with respect to the Notification
of Vacancy for the Cable Franchise Renewal Advisory Committee, he had spoken to
the Chairman of that Committee, John Crook. It was the opinion of the Committee
members that it would be most difficult for anyone new to catch up with the
process as the Committee was already in the process of completing Draft 3. It
was their suggestion that the Board consider leaving the Position vacant. That
would leave eight members on the Committee. It was the Consensus of the Board
to remove the Position from the list of vacancies.
At the last meeting, Jay Jackson, Chairman of
the Cemetery Advisory Committee, had requested some very specific
responsibilities be added to the Cemetery Advisory Committee. The original
purpose of the Committee was to compile a list of cemeteries in
·
Under
the supervision of the Board of Commissioners and with the assistance of County
staff, the Committee is responsible for the development, organization, and
supervision of an “Adopt-A-Cemetery” program for
·
Assist
the Board of Commissioners and County staff in identifying and coordinating the
upkeep and maintenance of abandoned public cemeteries.
·
Under
the supervision of the Board of Commissioners and with the assistance of County
staff, respond to suggestions or complaints regarding
·
Attempt
to identify unmarked and/or lost grave sites and consider marking with
appropriate identification.
Mr. Hembree noted that the Board would need to
determine the terms of service for the members, since the original appointments
were for a one year term. Since the Committee had not yet seen the Charter, it
was the consensus of the Board to defer any action on the draft Charter until
hearing from the Committee.
Presentation by Waste Reduction Partners
During
the past several months, County staff has been working with Waste Reduction
Partners (WRP) to identify ways for the County to conserve energy and, in turn,
reduce energy costs. Waste Reduction
Partners is a team of highly experienced volunteer engineers, architects, and
scientists. These volunteer
professionals provide businesses, industries, local governments, and other
organizations with no-cost waste and energy reduction assessments and technical
assistance. WRP is administered by the
Land-of-Sky Regional Council and works in special partnership with the NC
Division of Pollution Prevention and Environmental Assistance.
Specifically
for
·
The
·
The Courthouse
was at $1.21 per square foot, though Mr. Lowles thought it might even be a
little lower.
·
The Library was
the most efficient building at $1.06 per square foot.
·
The total cost
for those three buildings was $212,000.
Mr.
Lowles stated that they believed that there was room for some improvements when
the
·
A new, higher
energy efficient air conditioning system be installed for energy cost
reduction.
·
An energy
management system, which would throttle down the heating and cooling in the off
hours, be considered.
·
Conversion of
lamps and ballasts to a T8 electronic system, saving approximately $2,600
annually.
·
Occupancy sensors
in offices that would turn lights off when no one was present.
·
Conversion of
Exit signs from incandescent to LED.
·
De-lamp vending
machines.
·
Have the load of
one of the three existing meters put onto another meter to save the charge.
With
respect to the Human Services Building Mr. Lowles recommended that the County Install
a 14 SEER rated air-conditioning unit, and utilize a spray foam insulation
system. The library is the most efficient building, but it might benefit by
switching to the T8 lamps, and having occupancy sensors in offices. The
Courthouse might benefit from occupancy sensors, T8 lamps, and an employee
awareness program about the cost of energy. Mr. Lowles further discussed the
costs associated with different SEER rated air-conditioners.
WRP
suggested that a strategic energy plan be established, and a team appointed
that would establish goals, gather information, prioritize and then implement.
Toward that end, WRP offered their services to move forward on a strategic
energy plan.
Justin
Hembree stated that Staff had already taken steps to begin the implementation
of some of WRP’s recommendations. Primarily Staff has implemented the minor
recommendations, such as ordering new light fixtures and contacting vendors to
have them remove lights from machines. The major issue that can be addressed at
the staff level would be to begin the strategic energy plan that would identify
goals in terms of conservation primarily by making employees aware of the costs
to operate buildings. There was some discussion about how WRP might help the
County in selecting a new air-conditioning unit for the Courthouse.
Animal Services
Animal Control Director Morgan Woodward updated
the Board on the current status of animal services in
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There was some discussion about whether a
spay/neuter program should be mandatory, the need for vehicles for the
department, and the number of calls being received by animal services. David Nicholson
stated that Staff would be taking this program out to the community, and let
people know where the County is going with animal services.
Commissioner
Baldwin made the motion to endorse the change in the euthanasia policy. All voted in
favor and the motion carried.
Flood Damage Prevention Ordinance Fees
At
their last meeting, the Board requested that Staff bring back the information
used to develop the fee schedule presented at the July 5th meeting. Staff
contacted the City of
When
staff drafted the fee schedule adopted at the July 5, 2005 meeting, other
equivalent costs associated with other
Because
Henderson County's flood ordinance establishes a Special Fill Permit process
not found in other jurisdictions, and because fill is restricted to a certain
percentage of the floodway fringe, also a restriction not commonly found
elsewhere, staff established the application fees for these and other processes
by comparing the review, processing and enforcement costs to application
procedures currently established in other Henderson County land use
regulations.
The
variance procedure outlined in the flood ordinance is comparable to the
variance procedures found in the communication tower, subdivision and zoning
ordinances, therefore, the flood ordinance variance application fee was set the
same. The Special Fill Permit application process and the Floodplain
Development Permit for development in the floodway are comparable in required
staff time and expertise to a rezoning, special use permit, or permit for a
group 4, 5, or 6 level communication tower, therefore, the application fees are
similar. Finally, the Floodplain Development Permit for development in the
floodway fringe is most comparable to a major subdivision review process.
These
fees will be used to support the permitting, application review, inspection,
and enforcement procedures required, to effectively administer the flood
ordinance. These fees will also be used to cover salary, continued training
necessary to maintain floodplain administrator certification and other costs
associated with the flood ordinance and participation in the National Flood
Insurance Program (NFIP).
The
Mrs.
Smith answered several questions about the rational for the fees. It was the
consensus of the Board to leave the fee schedule as it was adopted on July 5,
2005.
Comprehensive Transportation Plan, Phase I – Highway Map
The
Transportation Advisory Committee (TAC) and County staff have been working with
the North Carolina Department of Transportation’s (NCDOT) Planning Branch for
the past five years to complete a Comprehensive Transportation Plan for
The
TAC was requesting that the Board endorse the Phase I Highway Map. The MPO has final approval authority for the
Comprehensive Transportation Plan. As the Board considers the endorsement of
the Phase I Highway several issues should be considered. First, the projects identified in the current
TIP as “funded” projects are considered constructed by 2030 for NCDOT’s
planning analysis. NCDOT staff feels
that these projects will offer much needed improvements to the highway system
and will need local support to advance.
Second,
NCDOT notes that improvements in lane width, alignment, and traffic operations
on several local streets will facilitate traffic movement around downtown
Third,
NCDOT indicates that US 25 North, US 176, and Four Seasons Boulevard should be
included in a more detailed study to better identify any access management
techniques and land use considerations that can maintain mobility in these
areas. NCDOT feels that US 25 North
currently has sufficient capacity to act as the primary entrance to
Fourth,
NCDOT also notes that as development increases on the eastern side of I-26,
Finally,
NCDOT notes that an additional I-26 interchange north of US 64 offers the most
relief in future traffic volumes for Four Seasons Boulevard. Several interchange locations were
studied. However, the “
Staff recommended that the Board endorse the
Highway Map for Phase I of the Henderson County Comprehensive Transportation
Plan with the following comments:
1) Overall, the Phase I Highway Map
complies with the County Comprehensive Plan.
2) Final alignment of the proposed “
3) The County will strive to promote sound
transportation planning through active involvement of the TAC and Board in
transportation issues, continued cooperation with NCDOT, and the implementation
of transportation-related land use regulations such as access management
standards.
4) The County requests that NCDOT complete
the Henderson County Comprehensive Transportation Plan (Phases I and II) as
soon as possible.
Commissioner
McGrady made the motion to endorse the Highway Map for Phase I of the Henderson
County Comprehensive Transportation Plan, and further request that NCDOT
complete the Henderson County Comprehensive Transportation Plan, both Phases I
and II as soon as possible. All voted in favor and the motion carried.
Commissioner
Baldwin questioned whether the motion also included the comments about the proposed
“
Fiscal Year 2005/06 Mental Health Maintenance of Effort Funds
Justin
Hembree reminded the Board that State law requires that each county maintain
its level of funding from year to year for human services activities, including
mental health services. This requirement
is commonly referred to as “maintenance of effort” or “maintenance of effort
funds.” Prior to becoming a member of
Western Highlands Network (WHN) Local Management Entity (LME), the County
directly funded the provision of mental health services through TREND. Even with the “reform” of the mental health system
and the inclusion of
For
Fiscal Year 2004/05 the Board endorsed a plan that allowed for the solicitation
of grant applications from mental health service providers. The Board decided that special consideration
would be given to grant applicants that addressed mental health emergency
management/crisis stabilization. On
November 15, 2004 the Board made decisions for the Fiscal Year 2004/05 MOE
funds. In total, $528,342 in MOE funds
were awarded to three different mental health service providers/programs. These funds are being used to train school
staff in crisis response, provide for a therapy/jail diversion program for delinquent
or undisciplined adolescent girls, and to develop programs that increase access
to the mental health system. As a matter
of information, mid-year progress reports for the three agencies receiving MOE
funds were reviewed.
The
time has come for the Board to make decisions concerning the use of Fiscal Year
2005/06 MOE funds. One of the major
features of mental health reform legislation is the reduction of beds in State
mental institutions. Although this
reduction will take several years to complete, the effects of these reductions
are having a massive impact on our community.
Law enforcement and hospital staffs are shouldering the brunt of this
State-created burden. Therefore, staff
feels very strongly that MOE should continue to be used for emergency
management/crisis stabilization issues.
Furthermore, staff feels that the County should fund agencies/programs
that will be extremely aggressive in addressing mental health crisis
stabilization/emergency management issues.
One
such program that would hopefully reduce the burden on law enforcement and
hospital staff includes the development of short-term (23-hour) crisis
stabilization beds in local hospitals.
The purpose of the short-term bed is to divert consumers from admissions
to State mental health institutions. The
patients or consumers assigned to short-term beds would all be under
involuntary commitment orders. From
December 2005 to May 2005,
Patients
admitted to a short-term unit who are not able to stabilize in a 23-hour period
can be kept in the hospital safely and humanely until the Sheriff’s personnel
can provide transportation to a State facility.
Generally, Sheriff personnel could schedule a trip to a State facility
at this time rather than scrambling to find staff whenever the need
arises. Staff realizes this is not the
optimal solution to this important issue.
However, it provides an opportunity for the County to be much more
aggressive in addressing the mental health crisis stabilization issue.
Mr.
Hembree requested that County staff be authorized to enter into discussions
with Pardee Hospital and Park Ridge Hospital concerning the development of a
short-term (23-hour) crisis stabilization program funded in part by County MOE
funds. Final program design and funding
would have to be approved by the Board.
Chairman
Moyer reminded the Board that the Sheriff’s Department had developed a task
force that had been working for several months to develop recommendations on
the best way to deal with the crisis situation. Mr. Hembree stated that the
task force is looking at long term solutions to the problem, which we do need
to continue to look at. The proposal being made by Mr. Hembree was to address a
short-term immediate issue.
Following additional discussion about the impact
to local service providers such as Mountain Laurel, and the problems with
funding for mental health from the State, Commissioner
Baldwin made the motion to authorize Staff to enter into discussions with
PUBLIC HEARING – To
Consider Economic Development Incentives Grant to C. L. Henderson Produce
Company
Commissioner
McGrady made the motion to go into Public Hearing. All voted in
favor and the motion carried.
Bob
Williford was present representing the Board of Directors for the Chamber of
Commerce, and the Partnership for Economic Development. Mr. Williford expressed
their endorsement for proposed incentives for C. L. Henderson Produce Company. C.
L. Henderson Produce Company is a farming operation located in
C.
L. Henderson Produce Company proposes to build a building and specialized
equipment to slice apples, and package apple slices in two ounce bags and in
three pound bags. This new investment will be between $1.5 million and $2.0
million. The new business will employ
between nine and fifteen employees when operational, with the average hourly
wages between $8.00 and $14.00.
Public Input
There
was none.
Commissioner
McGrady made the motion to go out of Public Hearing. All voted in
favor and the motion carried.
Commissioner
McGrady made to motion to approve the economic development incentive of $40,000
to be paid over a five year period. All voted in favor and the motion
carried.
Update on Pending Issues
Rescue
Squad Funding
Russ Burrell updated the Board on the
background of funding for the Rescue Squad. In 2004, the Fire and Rescue
Advisory Committee investigated funding options for the Rescue Squad. They
found that the Rescue Squad is most similar to a volunteer fire department in
that it has long term capital needs that aren’t well met by the annual
appropriations process. The funding options available to the Rescue Squad were:
·
A
regular appropriations process, which is currently being used.
·
A
special tax district which would be created by the Board of Commissioners,
which would only include unincorporated areas of the County.
·
A
special tax district which the municipalities could agree to participate in, or
contract with the rescue squad to pay a pro-rated amount.
·
A
special County-wide tax district that would include the municipalities and the
unincorporated areas. Such a district would have to be enacted by the
legislature.
Following their review, the Committee
came to the conclusion that a special County-wide tax district that included
the municipalities would best meet their needs. The Rescue Squad operates in
both the County and municipalities, so it would be equitable to ask all groups
to fund the operations. That proposal had come before the Board in January,
2005, and the Board endorsed the seeking of legislation that would begin a
County-wide tax district for the Rescue Squad.
Mr. Burrell explained that such legislation
had met some resistance in
The Board was therefore left with
continuing the annual appropriations process. While the Board did have control
over that process, the downside was that in terms of things that would best be
purchased on a long-term basis, it would be almost impossible for the Rescue Squad
to get financing to do that. The Board could enact the special tax district,
but again could only control the unincorporated areas of the County.
Chairman Moyer stated that after the
Board acted in January, the County had contacted Carolyn Justus about
introducing a bill that would allow implementation of the recommendation. Mrs.
Justus had indicated that it was not necessary to have a bill, and that the
chances of getting a bill through were non-existent. Following discussions with
Staff, Chairman Moyer went back to Ms. Justus and stated that the County needed
a bill. However, Chairman Moyer stated that such a bill is not going to be
introduced at this time.
Commissioner McGrady suggested taking the
issue to the LGCCA, explaining the issue to the municipalities, and trying to
get a feeling for whether they would allow themselves to be part of a special
tax district, or would be willing to make a commitment with respect to funding.
Russell Burrell explained that the municipalities would have to agree to join a
special tax district, the Board of Commissioners would then adopt a special tax
district subject to all of the municipalities agreeing to join. Following some
additional discussion, it was the consensus of the Board to approach the LGCCA
about working out a joint way to fund the Rescue Squad in lieu of a special
tax.
Planning
Director
Commissioner Baldwin stated that he felt
that with respect to implementation, it was important that the County have some
continuity. The
David Nicholson provided the Board a copy
of the job description, stated that the job description had recently been
updated. He also provided a copy of the internal job announcement as well as an
example of an external ad that had been sent out. The position will be open
until filled, to allow Mr. Nicholson the maximum amount of flexibility as
applications are received.
He noted that this type of
professional/technical position needed to be marketed in specific areas. The
posting would be in the next
Mr. Nicholson informed the Board that
there would be some upcoming changes as the County begins the implementation of
the Enforcement and Permitting Division. Much of the Planning Department’s time
has been spent doing permitting, not allowing time to do planning work. With
that work being switched to the new division, planners will have more time to
do planning.
Mr. Nicholson stated that the Planning
Director is a high position in
Broadband
Chairman Moyer informed the Board that he had
recently learned that the Dark Broadband Fiber, which was supposed to come down
I-26 and tie into BRCC, was no longer scheduled. The
County Manager’s Monthly Report
The
Mr.
Nicholson also updated the Board on the current status of the Jail Demolition, Animal
Shelter, Historic Courthouse,
Dupont Property
Commissioner
Messer stated that he had received a call from a citizen questioning whether
the Board was in support of a bill presented in the Legislature concerning the
DuPont property. Chairman Moyer stated that he’d had discussions with Carolyn
Justus, Trudi Walend and Tom Apodaca concerning the bill in question. The bill
had passed the Senate, but was currently tied up in the House in the Rules
Committee. The Governor had indicated that he was in opposition to the bill.
Chairman Moyer stated that his impression was that unless something happened to
get it out of the Rules Committee, it would just sit there.
Commissioner
McGrady stated that he did not feel prepared to take a position on the bill one
way or the other because it was hard to understand what all the facts were. He
was in support of the manufacturing facility, but there were some concerns
about the pollution on the property. He had some concerns about the State
ultimately cleaning up the property when that occurs. Commissioner McGrady
requested that if the Board were to take up the issue in terms of the Board
being in support or opposition of the proposed legislation, that Staff prepare
a presentation on the issues. It was the consensus of the Board to have this
issue placed on the August 1st agenda for additional discussion.
IMPORTANT DATES
Ground
Breaking Ceremony
Chairman Moyer reminded
the Board of the Ground Breaking Ceremony at the Animal Shelter scheduled at
2:00.
Chairman Moyer suggested
canceling the mid-month August meeting if the Board could take care of
necessary business on August 1st and September 6th.
Commissioner McGrady requested that even if the meeting is cancelled, that the
Commissioner McGrady
also requested that on an upcoming agenda, there be discussion about where the
County stands with respect to the Water Authority. Chairman Moyer stated that
issue could be discussed at the August 1st meeting.
ADJOURN
Commissioner Baldwin made the motion to adjourn the
meeting. All voted in favor and the
motion carried.
Attest:
Elizabeth W. Corn, Clerk
to the Board
William L. Moyer, Chairman