MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at
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: Budget
and Management Director
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Commissioner Messer led
the Pledge of Allegiance to the American Flag.
INVOCATION
David Nicholson gave the
invocation.
CHAIRMAN ANNOUNCEMENT
Chairman Moyer
recognized Lucy King as being one of the 2005 Gertrude S. Carroway Award of
Merit winners for Preservation North Carolina. Ms. King is the only individual in
Lucy King received a
round of applause and made a few comments including thanks to her comrade
Evelyn Hill for helping with the important project of the park and the housing.
INFORMAL PUBLIC COMMENTS
1.
George Jones – Mr. Jones
addressed the issue of the Historic Courthouse.
He spoke in favor of proceeding with the restoration project. Mr. Jones gave some history of the
courthouse.
2.
Judy Abrell – Ms.
Abrell, Vice-Chair of the Historic Courthouse Corporation, also spoke in favor
of the courthouse restoration. She
reminded everyone that the Board of Commissioners had approved the plan for the
historic courthouse in principal, leaving a lot of room for trade offs or
tweaking.
3.
Tom E. Orr – Mr. Orr mentioned the
refurbishing of the historic courthouse dome, going on as we speak. This made
him feel optimistic about the rehabilitation of the historic courthouse. He
read some excerpts from some previous articles regarding the building. He ended
by challenging each of us to make December 2 our deadline to resolve, if
possible, any disagreements and correct all misinformation so that we can move
this rehabilitation project forward. On
December 2nd he would like for all of us to unite with the fourth and fifth
grade chorus from
4.
Barbara Hughes – Ms. Hughes is a business owner on
5.
Michele Skeele – Ms. Skeele is a nearly lifelong resident of
6.
Martha Mohidin – Ms. Mohidin is a Tuxedo resident. She lives within sight and hearing of the
abandoned school in Tuxedo so it is important to her what happens to it.
The
Tuxedo School/Park issue will be on the Board’s next agenda, November 16.
7.
Douglas F. Coggins – Mr. Coggins addressed the Tuxedo School/Park
issue. He stressed that the Tuxedo community needs a park and ballpark and felt
that it will take more property than that in question.
8.
Debra Stierwalt – Ms. Stierwalt spoke representing Friends of
Tuxedo. She congratulated Ms. King on
her award. On Thursday night there will
be another town meeting in Tuxedo at
9.
Ken Fitch – Mr. Fitch explained that there is great concern
in town concerning the issue of Bird Flu. He asked if there is a coordinated
plan with other entities in the county to address this issue.
He
also addressed the
Commissioners
answered that they had had no requests to even consider funding and Chairman
Moyer explained that the Board had made no commitment with respect to the
matter. Neither had there been any
commitment on the part of Henderson County Travel & Tourism.
10. Jon Shurmeier – Mr. Shurmeier did not
wish to speak at this time. He will
speak later to an agenda item.
11. Alan House – Mr. House did not wish
to speak at this time. He, along with
Mr. Shurmeier, was present to address an agenda item later on the agenda.
12. Eva Ritchey – Ms. Ritchey spoke on
behalf of the Democratic Party of Henderson County. She spoke to the issue of
the historic courthouse, stating that the Henderson County Democratic Party was
asking for answers to the following specific problems that were raised in Mr.
Gaillord’s report:
1.
According to Mr. Gaillord’s report there is a clear discrepancy between Mr.
Nicholson’s and the North Carolina Board of Architecture’s understanding of the
position of Mr. Ghoreishi in this matter. Mr. Nicholson stated in a June 30
memo that “the State Board of Architects has informed Mohsen Ghoreishi that the
issue raised by Mrs. Ritchey and her associates has been resolved in a
favorable manner to him”. In a recent
Times-News article we read “Architecture Board Executive Cathy Evans says the
complaint has not been resolved.”
2.
There seems to be a willful disregard for law in that payments were made, not
to Antoine Architects but to Mohsen Ghoreishi’s firm, the Kohan Group, after
you received information that Mohsen Ghoreishi was not licensed in our state.
“Commissioners, I want to give you a timeline and then ask you three questions.
On
1. Why have the citizens of this community
never gotten an explanation of why you hired an unlicensed architect?
2. You have paid this man $113,897 after
you knew this man was not licensed and was operating in violation of state
statutes. Why? I remind you that the checks were not written to Antoine, they
were written to Mohsen Ghoreishi’s firm. It’s apparent that Mohsen Ghoreishi’s
role as a lead designer has remained central, even after the discovery of his
lack of licensure. If Mohsen Ghoreishi
is ordered to cease and desist how does the County intend to fill the void?
3. The Engineer that has been selected for
this project has raised some misgivings about his ability to do the work on
this large and complex project. Is this
Engineer qualified for this project? Upon what do you base the decision of his
qualifications?
4. What system does the County have in
place to make sure that this project is being professionally run? The types of
questions raised here give great concern as to whether there is a responsible
system in place.
“The
Henderson County Democratic Party believes it was a grave mistake to bypass the
qualification based selection process as outlined by the State of
13. Theron Maybin – Mr. Maybin thanked the
Board for lending an ear to hear the cries of the people from Tuxedo and for
the Historic Courthouse. In the Tuxedo area citizens are concerned about the
School, preserving the School, and also a park for the community. He thanked Commissioner McGrady for volunteering
to be at the meeting on Thursday night in the Tuxedo community
14. Doug Freeman – Mr. Freeman is the
Vice-Chair of the Henderson County Democratic Party. He thanked the Board for the deference shown
to his colleague, Eva Ritchy. He with-held his statement until another date.
DISCUSSION/ADJUSTMENT OF AGENDA
There were no changes to
the agenda. Commissioner McGrady made the motion to approve the agenda. All voted in favor and the motion carried.
CONSENT AGENDA
Commissioner Young asked
that item “M – Resolution for Reimbursement of Expenses for Tuxedo Park/Library
Project” be pulled from the consent agenda for discussion.
Commissioner McGrady made the motion to approve the consent
agenda, excluding item “M”. All voted in
favor and the motion carried.
Following
discussion of item “M”, Commissioner
McGrady made the motion to approve item “M”.
All voted in favor and the motion carried.
The consent agenda
consisted of the following:
Minutes
Draft minutes were
presented for the Board’s review and approval of the following meetings:
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, had provided the Tax Collector’s Report dated
Financial Report – September 2005
Cash Balance Report – September 2005
Non-departmental
expenses for Property/Liability and Workman’s Compensation insurance coverage
that will be allocated out to each department during the fiscal year.
The YTD deficit in the
Emergency 911 Communications Fund is due to FY2006 approved appropriations for
the purchase of Emergency Medical Dispatch software, necessary replacement of
the 911 Center’s dated Uninterruptible Power Supply-Battery Backup System and a
GIS software application update that links GIS data with the Computer Aided
Dispatch (CAD) system in the 911 Center.
The YTD deficit in the
Mills River Watershed Protection Project, the Mud Creek Watershed Restoration
Fund and the Mills River Sewer Capital Project are all temporary due to timing
differences in the expenditure of funds and the subsequent requisition of
Federal and State grant funds to reimburse these expenditures.
Henderson County Public Schools Financial Report – September
2005
The Public School System
had provided their September Financial Report for the Boards information and
consent approval.
Letter of Support for Adolescent Parenting Program Grant
Application
The Henderson County Department
of Social Services and the Children and
Non-Profit Funding Agreements
Subsequent to the
approval of the FY 2005-06 Budget, staff had distributed funding agreements to
the non-profit agencies receiving County allocations. Signed funding agreements for the following
were included in the agenda packet for the Chairman’s signature: Housing Assistance
Corporation
Crime$toppers
The
N.C.G.S. 143-129(g) Newspaper Advertisement to Waive Bid
Procedures, Resolution to Piggyback on Previously Bid Contract
The Henderson County
Sheriff’s Department received a Federal Homeland Security Grant for Fiscal Year
2006 in the amount of $163,987 for the specific purpose of purchasing equipment
including a specialized Arson/Bomb Response Vehicle.
N.C.G.S. 143-129,
Procedure for Letting of Public Contracts, allows for the waiver of bidding for
previously bid contracts and the purchase of this vehicle by the County if
within the last 12 months either a federal agency, the State of North Carolina
or agency or political subdivision of the State, or completed a public, formal
bidding process.
The Sheriff’s Department
has identified another state agency that has formally bid out this vehicle and
requested the Board of Commissioners to consider adopting a prepared resolution
allowing the department to piggyback on this state agency’s previously bid
contract for this specialized vehicle.
Waiver of the bidding
procedure was duly advertised in the Times-News on
The
Revision of Greenways Commission Interlocal Modification
Agreement
The proposed revision of
the Interlocal Agreement Modifying the Greenways Commission was at the request
of the Commission. The only change in this document from the Interlocal
Agreement approved by this Board on October 3, 20005 was the shortening of the
terms of Commission members to two year terms rather than four year terms.
The
Improvement Guarantee for
The developer intends on
using a Bank Escrow Account with the amount of at least $71,177.50 to cover the
cost of the improvements ($56,942.00) as well as the required twenty-five
percent (25%) contingency ($14,235.50).
The proposed completion date for the improvements is
On
The
Improvement Guarantee for
Mr. Luther E. Smith, on
behalf of
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 $320,250.00 to cover the cost of the improvements ($256,200.00) as
well as the required twenty-five percent (25%) contingency ($64,050.00). The proposed completion date for the
improvements is
A draft Performance
Guarantee Agreement was included for the Board’s consideration. If the application is approved, the developers
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
Reschedule Hearing Requested by Mr. Clement J. Feldmann
Concerning Address of Property
As allowed by Chapter
142 of the Henderson County Code, Mr. Clement J. Feldmann had requested a
hearing to appeal a decision made by the Property Addressing Coordinator. During the
Staff recommended the
hearing requested by Mr. Clement J. Feldmann be scheduled for
Schedule Public Hearing Concerning Request for Abandonment
of a Portion of
Mr. and Mrs. Brent
Easler have requested a portion of
Staff recommended the
public hearing be scheduled for
Resolution for Reimbursement of Expenses for Tuxedo
Park/Library Project
This resolution would
allow the expenses authorized and directed by the Board for the planning for
the Tuxedo Park/Library Project to be reimbursed to the County in any
subsequent financing of the costs of the Project.
The
Resolution for Reimbursement of Expenses for Mud Creek Sewer
(Phase One)
This resolution would
allow the expenses authorized and directed by the Board for the planning for
the Mud Creek Sewer (Phase One) Project to be reimbursed to the County in any
subsequent financing of the costs of the Project.
The
Water Line Extensions: Black
Smith Run
Hunters
Cove, Phase 2
Mountain
Top, Phase 1 & 2
The City of
The
Referral of an Application for an Amendment to Special Use
Permit Application
(SP#46-96) to the Planning Board, for an Expansion to Four
Seasons Hospice
William G. Lapsley &
Associates, P.A. on behalf of Four Seasons Hospice had submitted a development
plan and applied for an amendment to their Special Use Permit (SP-46-96) to
expand the existing building owned by Four Seasons Hospice & Palliative
Care. The proposed expansion would
provide administrative space for their clerical staff and six additional
patient care rooms.
Sections 200-56 and
200-70 of the Henderson County Zoning Ordinance require that the Board of
Commissioners refer applications for Special Use Permits to the Planning Board
for review and recommendations prior to the Board of Commissioners holding a
public hearing.
Staff is requesting that
the Board of Commissioners refer the application for an amendment to Special
Use Permit application #SP-46-96 to the Planning Board for review and
recommendations as required by the Zoning Ordinance.
The
Proclamation – Human Rights Day
The Board was requested
to proclaim
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear on the next agenda for
nominations:
1. Apple
Country Greenways Commission – 2 vac.
Nominations
The Chairman reminded
the Board of the following vacancies and opened the floor to nominations:
- Child
Fatality Prevention Team – 1 vac.
There
were no nominations at this time so this item was rolled to the next agenda.
- Community
Child Protection Team – 2 vac.
Margo
Nagel had requested that her name be removed from nominations for this
committee. Commissioner Baldwin withdrew Mrs. Nagel’s name. She does plan to continue as a resource for
the Community Child Protection Team.
Commissioner McGrady made the motion that
the Board appoint Paula DeLorenzo to position #4 by acclamation. All voted in favor and
the motion carried.
Commissioner McGrady made the motion to
appoint Eric Summey to open position #6 which must be filled with a law
enforcement representative. Chairman Moyer made the motion to accept Mr. Summey
by acclamation. All voted in favor and
the motion carried.
There
were no nominations at this time so this item was rolled to the next agenda.
Commissioner
Young nominated Steven Orr for reappointment.
Chairman Moyer made the motion to
accept Mr. Orr by acclamation. All voted
in favor and the motion carried.
- Juvenile
Crime Prevention Council – 4 vac.
There were no nominations at this time so
this item was rolled to the next agenda
- Mountain
Area Workforce Development Board – 1 vac.
Commissioner
Messer nominated Robert Clark. Chairman Moyer made the motion to accept Mr.
Clark by acclamation. All voted in
favor and the motion carried.
- Nursing/Adult
Care Home Community Advisory Committee – 2 vac.
There
were no nominations at this time so this item was rolled to the next agenda
- Planning
for Older Adults Block Grant Advisory Committee – 1 vac.
There
were no nominations at this time so this item was rolled to the next agenda
STORMREADY
StormReady is a
nationwide program helping community’s better protect their citizens during
severe weather. This program encourages
communities to take a proactive approach in response to hazardous weather
events through better planning, education, and awareness.
Rocky Hyder recognized
the folks in the 911 Center, our telecommunicators, the amateur radio emergency
services personnel, as well as our other emergency responders throughout the
county. Clearly they are what make our
system work.
A hard copy (notebook)
of the annual report had been presented to the Board along with their agenda
materials.
Jon Schurmeier, new CEO
and President for
Alan House briefly
walked through the annual report with the Board. They project an improvement of
a $4.4 million turn around or a 102% turn around.
October 1 will be the
start of FY 2006. They instituted a 9%
increase in prices effective
Mr. Schurmeier and Mr.
House were available and answered questions from the Board.
RECESS
Chairman Moyer called a
brief recess, after which will be the Public Hearing.
PUBLIC HEARING – CDBG HOUSING DEVELOPMENT GRANT
CLOSEOUT HIGHLANDER WOODS SUBDIVISION
Commissioner McGrady made the motion for the Board to go
into public hearing. All voted in favor
and the motion carried.
Public Input
There was none.
Commissioner Messer made the motion for the Board to go out
of public hearing. All voted in favor
and the motion carried.
No other action was
required at this time.
BLUE RIDGE HERITAGE AREA and
Previously, the Board
had requested additional information concerning the Blue Ridge Heritage Area
and the Henderson County Heritage Tourism Plan.
Ms. Melody Heltman,
Henderson County Travel and Tourism Director, made a presentation to the Board
concerning these initiatives and answered questions from the Board. She
distributed several hand-outs and a slide presentation which follows. A copy of the Henderson County Heritage
Tourism Plan was included in the agenda materials for the Board’s review. Ms. Heltman also recognized Leesa Brandon who
was present and is the Heritage Tourism Development Officer for the State of
Ms. Brandon is based out
of the
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AGFA PROPERTY/DUPONT STATE
Since the meeting on
October 19, this issue has been discussed by two key stakeholder groups – the
DuPont State Forest Advisory Committee and the Friends of DuPont Forest. The DuPont State Forest Advisory Committee
voted to take no action concerning the proposal to create a State park on the
Agfa Property. Chairman Moyer is a
member of that committee, representing
Dick Thompson asked for
the Board’s support in requesting that the State properly fund the needs of the
Commissioner McGrady
informed the Board that he was willing to work with Mr. Thompson in drafting a
resolution that would capture the need to adequately fund this public land;
however it might be classified at some point in the future. The Board would want to see the detail and
wording of the resolution before taking action but they concurred by consensus
in having a resolution drawn up.
NORTHLAND CABLE FRANCHISE
David Nicholson informed
the Board that the County had received notice that the cable franchise with
Northland Cable Television will expire on
Following discussion, it
was the consensus of the Board for staff to proceed as recommended by the
UPDATE ON PENDING ISSUES
Spay and Neuter Program
Chairman Moyer reminded
the Board that he had circulated a letter to the Board that he had received
from Don Gladieux. Mr. Gladieux had
indicated that he has invested close to $40,000 of his own money for a spay and
neuter program and he thinks they will have applied that to about 500
animals. He has received some
contributions from the public which will likely enable him to continue that
program through the end of November.
Chairman Moyer had asked Mr. Nicholson to research and study whether we
might be able to continue the program when Mr. Gladieux stops it. We had planned to offer a spay and neuter
program in the future when the new animal shelter was open and operating.
Mr. Nicholson will study
this with staff and come back to the Board concerning how we might continue an
active spay and neuter program in the county.
Avian Influenza
David Nicholson informed
the Board that staff is considering this as a serious issue in dealing with it.
There have been some joint meetings with both Health Director Tom Bridges and
Emergency Management Director Rocky Hyder to make sure that Henderson County is
prepared should we be struck with this type of biological issue. We have a biological plan that has been in
effect a number of years but staff is working on an updated plan for this
issue. This has been held at the Federal Government level and is just now
flowing down to the States and Municipalities (including counties).
The Board will expect to
hear from staff as the revised plan progresses.
Historic Courthouse
David Nicholson reminded
the Board that he had issued a report to the Board this afternoon both to
address Mr. Gaillord’s comments but more importantly to give the Board a
detailed update on the status of the historic courthouse. He reviewed that
report with the Board. Mr. Nicholson
asked the Board to decide if they wish to proceed with the project or change
it. The Board has the power to reopen the entire project or change the design.
Commissioner McGrady
recommended a meeting regarding the historic courthouse for the afternoon of
the next Commissioners’ meeting,
Much discussion followed
with other Commissioners also stating that we need a Question and Answer
meeting with our architect.
Commissioner McGrady made the motion to set a date for a
workshop on the historic courthouse and its renovation for the afternoon of
November 16 at
IMPORTANT DATES
There was none.
CANE CREEK WATER & SEWER DISTRICT – no
business
CLOSED SESSION – none
ADJOURN
Commissioner Messer made the motion to adjourn the
meeting. All voted in favor and the
motion carried.
ATTEST:
Elizabeth W. Corn,
Chairman William L. Moyer, Chairman