MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 11:00 a.m. in
the Commissioners' Conference Room of the
Those present were: Chairman Bill Moyer, Vice-Chairman Charlie
Messer, Commissioner Larry Young, Commissioner
Also present were: Budget
and Management Director
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance. He noted that the meeting
had been scheduled for 9:00, but was deferred until 11:00 due to the weather.
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 suggested that the Board begin
with the Public Hearing, then move through the agenda as prepared, with
Informal Public Comments being held at the end of the meeting. Commissioner Messer made the motion to
approve the agenda as revised. All voted in favor and the motion carried.
PUBLIC HEARING – Economic Development Incentives
Commissioner
Messer made the motion to go into Public Hearing. All voted in
favor and the motion carried.
Scott Hamilton thanked
the Board for their consideration of incentives for this project. For the past
several months, the Partnership for Economic Development had been working with
a client brought to the area by the North Carolina Department of Commerce. The
Partnership had shown the client several available buildings, none of which met
their needs. However, the Partnership had been able to show the client a site
in the event that they decided they wished to build a building. In September,
the company had contacted the Partnership and asked to see the site again. The
Partnership had been working with the client ever since, on a project named
Project Cardinal.
Mr. Hamilton noted that
the notice for the public hearing had been run in the Times-News 10 days prior
to the hearing date. A draft of the incentives agreement had also been
presented to the Board which showed wages at or above $13.20 per hour. The tax
value of the parcel in question was $84,201 and the purchase price would be
$20,000 per acre. The total incentives package came to $178,400.
In addition to the
incentives package, several other factors had brought the project to this
point. Mr. Hamilton referenced
Mr. Hamilton stated that
the project would create about 50 jobs, with an investment of about $4.8
million dollars. When some industries had announced layoffs, and some plants
closed within
Mr. Flammer stated that
the name of the company was Elkamet. They were located in
Russ Burrell highlighted
the incentives being offered on which the Board would need to take action. The
tax value of the parcel proposed to be conveyed to the company was $84,201.39.
The draft agreement would have the purchaser paying $20,000 per acre. The
incentives proposed would total $175,000, based on certain conditions. Those
conditions included construction of certain improvements on the property
totaling $4.8 million and employment of at least 50 workers at a salary at or
above $13.20 per hour plus benefits. Penalties were also proposed if the
conditions weren’t met. At this meeting the Board would be approving in
principal the economic incentives being outlined in the agreement.
Public Input
There was none.
Commissioner
Baldwin made the motion that the Board approve the incentives in principal as
outlined in a prepared document with final approval of a draft at a later date.
All voted in favor and the motion carried.
Chairman Moyer thanked
Mr. Flammer for his interest in the community, and stated that he was hopeful
that with the economic incentives which had just been approved, Elkamet’s
decision would be to join us in
Commissioner
Messer made the motion to close the Public Hearing. All voted in
favor and the motion carried.
CONSENT AGENDA
Commissioner
McGrady made the motion to adopt the Consent Agenda. All voted in favor and the
motion carried.
The Consent Agenda
consisted of the following:
Minutes
Draft
minutes were presented of the following meetings for the Board’s review and
approval:
·
November
7, 2005 – Regular
·
November
9, 2005 – Special Called
·
November
17, 2005 – Special Called
·
November
30, 2005 – Special Called
Tax
Collector’s Report
Terry F. Lyda, Henderson
County Tax Collector, had provided the Tax Collectors Report dated December 13,
2005 for the Board’s information.
Tax
Discoveries
A list of 1,129 tax
discovery requests was presented by the
Tax
Refunds
A list of 1 tax refund
request was presented by the
Tax
Releases
A list of 49 tax release
requests was presented by the
Resolution
Increasing Out-of-State Civil Process Fee
The Sheriff’s Department had requested that the
fee charged for the processing of out-of-state civil papers be increased from
$15 to $60. North Carolina General
Statutes grant Boards of Commissioners the authority to take this action. A memorandum from Captain Rick Davis along
with a proposed resolution was presented to the Board for their consideration.
Resolution
Regarding the Low Income Energy Assistance Program
A request had been made that the Board of
Commissioners adopt a resolution regarding the federal Low Income Energy
Assistance Program. A proposed resolution was presented to the Board for their
consideration.
Extension
Request for an Improvement Guarantee for
On
October 19, 2005, the Board of Commissioners approved an application for an improvement
guarantee for Section 19, Phase II, in the
On
December 5, 2005, the Planning Department received a letter from Paul
Patterson, engineer for the project, requesting to extend the completion date
on the improvement guarantee to March 1, 2006, due to some unforeseen 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 agreed to grant the requested extension, staff had
provided for the Board’s consideration a draft Performance Guarantee Agreement
which reflected a new improvements completion date of March 1, 2006. 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
Improvement
Guarantee for Grand Highlands at
Melrose
Design Group, PA, agent for Summerset, Inc., developer, submitted an
application for an improvement guarantee for a subdivision named Grand
Highlands at
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 $457,500.00 to cover the cost of the
improvements ($366,000.00) as well as the required twenty-five percent (25%)
contingency ($91,500.00). The proposed completion date for the improvements is
August 1, 2007.
A
draft Performance Guarantee Agreement was presented for the Board’s
consideration. If the application were
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
Extension
Request for an Improvement Guarantee for Tall Timbers
On
August 1, 2005, the Board of Commissioners approved an application submitted by
Jeff Donaldson, Calvin Ruby and Ken Burgess, owners of the project, for an
improvement guarantee for a subdivision known as Tall Timbers. As required by
the Performance Guarantee Agreement for the improvement guarantee, the
developer posted with
On
November 23, 2005, the Planning Department received a letter from Jeffery
Donaldson requesting to extend the completion date on the improvement guarantee
to April 15, 2006. 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 agreed to grant the requested extension, staff had
provided for the Board’s consideration a draft Performance Guarantee Agreement
which reflected a new improvements completion date of April 15, 2006 and
requires submittal of an amendment to the Irrevocable Letter of Credit showing
an expiration date not earlier than 60 days after the 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
Veterans
Memorial at Memorial Stadium
At the December 5, 2005 regular meeting,
the Board of Commissioners directed staff to work with the County’s Veterans
Services Office to identify a veteran for recognition within the redesigned
Donation
of Surplus Equipment to the Historic Courthouse Corporation
Staff had received a request from the
Historic Courthouse Corporation to purchase a computer through the County in
order to obtain better pricing. However,
the County donate a used desktop to the
Historic Courthouse Corporation for their use.
FY
2006-2007 Budget Calendar
Staff provided a draft of the FY
2006-2007 Budget Calendar for the Board’s information. No action was required.
Approval
of order from quasi-judicial hearing – River Stone Subdivision PUD
A draft Order from the
quasi-judicial hearing this Board held in the matter of the application for a
special use permit for the planned unit development for River Stone subdivision
was presented for approval
.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies and these will appear on the next agenda for
nominations:
1.
Nursing/Adult
Care Home Community Advisory Committee – 7 vac.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
1.
Child Fatality
Prevention Team – 1 vac.
There were no nominations at this
time so this item was rolled to the next meeting.
2.
Criminal Justice
Partnership Program Task Force – 6 vac.
At
the last meeting Commissioner Baldwin nominated Judge Mark Powell and Jeff
Hunt. Chairman Moyer made the motion to
accept Powell and Hunt by acclamation.
All voted in favor and the motion carried. Per a request by the
Partnership, the membership on the Board was adjusted from 18 to 14 members
leaving no additional vacant positions.
3.
There were no nominations at this
time so this item was rolled to the next meeting.
4.
Hospital Corporation
Board of Directors – 3 vac.
At
the last meeting, the following were nominated: Peter Goodfield, J.W. Davis,
William (Bill) Smith, and Kathy Watkins. Commissioner Young nominated Fielding
Lucas. Ms. Corn polled the Board with the vote being:
Commissioner
Baldwin - Smith, Davis,
Goodfield
Commissioner
McGrady - Goodfield, Watkins,
Davis
Chairman
Moyer - Goodfield,
Watkins, Davis
Commissioner
Messer - Goodfield, Watkins,
Davis
Commissioner
Young - Davis, Smith, Lucas
The
three appointees were Peter Goodfield, Kathy Watkins and J. W. Davis.
5.
Juvenile Crime
Prevention Council – 4 vac.
Commissioner McGrady
nominated Amanda Kichton to Position #26. There were no other nominations. Chairman Moyer made the motion to accept Ms.
Kichton by acclamation. All voted in favor and the motion carried.
6.
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.
7.
Planning For Older
Adults Block Grant Advisory Committee – 1 vac.
Amy
Brantley stated that the
Commissioner McGrady made the motion to accept those
recommendations by acclamation. All voted in favor and the motion carried.
8.
Travel and Tourism
Committee – 1 vac.
At
the last meeting, Scott Surrette and Kathy Griffin were nominated to Position
#2. There were no additional nominations. Ms. Corn polled the Board with the
vote being:
Commissioner
Young - Surrette
Commissioner
Messer - Surrette
Chairman
Moyer - Surrette
Commissioner
McGrady - Surrette
Commissioner
Baldwin -
The
appointee was Scott Surrette.
LIMITED ENGLISH PROFICIENCY
Russ Burrell reminded
the Board that the Federal government had required that any recipient of
Federal funds provide a plan for meeting the needs of those with limited
English proficiency (LEP). Pursuant to Strategy 4.2 of the 2005 Strategic Plan,
“[d]evelop a plan to address service delivery needs for the non-English
speaking population”, each department of county government was surveyed as to
their needs regarding non-English speaking customers. A committee then
discussed how to best meet the Federal requirements within the context of the
needs of county government. A draft plan had been prepared, and was presented
to the Board for their consideration.
The proposal was in
three parts:
·
Emergency
preparedness, and preparing the LEP public to know how to obtain emergency
information. The ability to communicate effectively with all persons in
emergencies is the most LEP need for local government. The primary means of
meeting those needs will be with the advance distribution of information to LEP
individuals. The following was proposed:
o
Use
of bilingual public service announcements (PSAs) on HCTV-11, informing LEP
individuals of county government services, and particularly emergency services
which may be available and, more importantly, where to go for more information
in a real emergency.
o
Use
of bilingual PSAs on local radio stations
·
Regular
program preparedness, and dealing with “everyday” LEP problems. A more
difficult, expensive, problem to solve as these LEP needs are not easily
predictable or constant from day-to-day. Federal LEP policies do not allow for
preferential use of family members (in any instance child family members) of
LEP individuals as interpreters. The three-fold solution offered was:
o
Hiring
of a trained translator/interpreter to work generally within Henderson County
Government, although not exclusively for any one department, and would
translate “routinely provided” documents into Spanish, and be available to act
as an interpreter.
·
System
preparation – before services are requested. This portion is encompassed within
both other parts and would require the periodic monitoring and revisiting of
LEP issues as they relate to
Commissioner
McGrady made the motion to approve the plan. All voted in favor and the motion
carried.
CONTINUATION OF DISCUSSION CONCERNING MEDIACOM
CABLE FRANCHISE RENEWAL
Commissioner McGrady
reminded the Board that at the last meeting the League of Women Voters had asked
to set up a forum to provide information to the public about the issues. The
League made a presentation to the Cable Franchise Renewal Advisory Committee
(CFRAC), and he believed CFRAC planned to provide some assistance to the League
to put on such a forum in February.
Chairman Moyer felt that
given everything going on with the renewal process, the Board might need to
consider a workshop where everyone who wished to speak would have the
opportunity. He suggested there not be much discussion about it at this
meeting, but that the Board schedule the workshop following the different
forums.
Commissioner McGrady
agreed to the workshop, but felt Thomas Beckett, who had requested some time on
this agenda, be allowed to speak. Following some discussion, the consensus of
the Board was to schedule a workshop at the mid-January meeting, to be held in
February following the League’s forum.
Thomas Beckett,
associated with Community Media Inc. (CMI) addressed the Board, stating that
they were trying to find a funding source to bring Rick Elrod to
Cal Gaines, also with CMI,
stated that he believed there were a number of flaws in the proposed agreement,
from the definition of current technology to the I-Net. Mr. Gaines applauded
the Board’s decision to set up a workshop on the franchise, hoping that some
details could look a little different when the final agreement is submitted.
John Howell also
addressed the Board, stating that he thought the Board was making the correct
decision to go slowly through the renewal process. The ERC had made a verbal
commitment to come to
ANIMAL SERVICES SPAY/NEUTER
Rocky Hyder presented
the following PowerPoint presentation to the Board:
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Mr. Hyder answered several questions from the
Board about the specifics of a spay/neuter program, the benefits of a
micro-chipping program, and the potential of a confinement or lease law. Commissioner McGrady made the motion to task
the Animal Services Committee with development of an Ordinance to facilitate
spay and neutering program which may include a licensing option as presented by
Staff, and further moved that the Board include in the charge a responsibility
for considering confinement requirements as part of the Animal Services
Committee charge, and further to specifically investigate microchips as a way
of identifying animals. Following some discussion about the micro-chipping
aspect, Commissioner McGrady clarified that the priority was first with the
spay/neuter program. A vote was then taken on the motion. All voted in
favor and the motion carried.
Lori Sand reviewed the
three items distributed to the Board with the ordinance. There was a
“Frequently Asked Questions” sheet which Planning staff had developed. There
was also a listing in table format of the Planning Board comments, and a letter
from Zoning Administrator Natalie Berry stating that she was in favor of the
ordinance from an enforceability perspective.
Ms. Sand stated that the
Ordinance was developed and guided by the County Comprehensive Plan (CCP). One
of the major portions of the plan was to manage growth, and divided the county
into three growth management areas: urban service, rural transition, and rural
agricultural. The CCP specifically outlined how those areas should be developed
and to what extent, and the ordinance reflected those principals. Planning
staff had also incorporated the tools necessary to encourage high quality
growth. She also noted that the draft Code was available on line for viewing,
as well as a hard copy at the library.
Commissioner Young
pointed out that at their last meeting, the Planning Board had voted to send
the Code to the Board but not with a recommendation because they had not
completed their work. Ms. Sand noted that motion was included in the Planning
Board comments, and was “The Board of Commissioners does not take up the LDO at
this time, until an economic feasibility/impact study is complete, which will
take more time and could be done by testing the LDC backwards”. That motion had
passed 4 to 3.
Commissioner McGrady
stated that given the Planning Board’s vote, and because the Board continued to
need to get additional comment, he had no problem with the Planning Board
continuing its deliberation as necessary to consider additional sections of the
ordinance. He noted that Planning Staff had made a presentation on the Code to
the Environmental Advisory Committee, and felt the Board should also send it to
the Agriculture Advisory Committee for review and comment. He also reiterated
the need to educate the Board and the public on the draft, and questioned what
the process would be from this point.
Judy Francis questioned
the Board’s timeframe on when they would like to begin. They would begin with
an overview workshop where they would establish that the themes in the Code
were grounded in the CCP. In the meantime, she wished to work with the Board on
a public outreach strategy which would include workshops with the public and
advisory committees. There followed much additional discussion about a
schedule, potential sites for community meetings, and the agenda for the
Board’s workshop. It was the consensus of the Board to schedule a workshop on
the LDO as a part of Important Dates, and in addition to the Planning Board,
have the Environmental Advisory Committee, Agriculture Advisory Committee and
Travel and Tourism be charged with providing comments to the Board on the Code.
Chairman Moyer questioned what the policy would
be with respect to providing copies of the code. Ms. Francis stated that there
would be hard copies available for public review in the Planning office, as
well as in the library. The document would also be available on the county’s
website. Ms. Francis stated that copies were available to purchase, and the
cost was $32.50. Commissioner Baldwin suggested making a copy available in the
branch libraries as well, and making a certain number of copies available for
which the County would cover the cost. Chairman Moyer suggested making the Code
available at a cost of $10.00, with the County subsidizing the difference. Commissioner
Messer clarified that when people received a copy of the code, there would not
be maps included as the maps were a part of and included in the CCP. Chairman Moyer made the motion to make
copies of the Land Development Code, because of its importance, available for
$10.00 for anyone who would like to buy one. Commissioner Young stated that
at least one copy should also be provided to each Board such as the Home Builders
Association, PEP, and the Board of Realtors. Most Board members felt those
groups would be able to afford the $10.00 cost, or be able to download the
document. Following discussion a vote was taken on the motion. All voted in
favor and the motion carried.
·
Develop
a Land Development Code – Mr. Nicholson was pleased to note that the major
milestone of getting the draft LDC to the Board by the end of the year had been
met.
·
Begin
small area plan meetings – Staff had held the initial community meeting in the
·
Voting
equipment – A lot was happening with regards to voting machines, and staff was
scheduled to attend an equipment demonstration following this meeting.
Additional discussion on this issue would be held at a future meeting.
·
Solid
Waste 2nd bay for Transfer Station – Staff was currently reviewing
the design plans, and hoped to be out to bid in February, with construction
beginning in April.
Mr. Nicholson then discussed the specifics of
several capital projects including:
·
·
Historic
Courthouse – Accounting for the community room revisions, re-roofing and
hazardous material plans added about six weeks to the project. He reviewed each
task associated with the project, the duration of that task, its projected
start and finish date, with the grand opening/rededication date scheduled for
December 2, 2007.
·
·
Animal
Shelter – A progress meeting was scheduled for 2:00 on the shelter project.
That project was a few days ahead of schedule. Fund raising efforts were back
underway, and decisions regarding equipment placement were able to be
contemplated. Mr. Nicholson anticipated an upcoming change order with respect
to the ceramic carpet being laid in the runs.
UPDATE ON PENDING ISSUES
WHKP/Government Channel #11
Selena Coffey reminded
the Board that at their last meeting, they had requested Richard Rhoades, WHKP
Vice-President, be present at this meeting to update the Board on the status of
their commercial blocking equipment. Due to staff shortages, Mr. Rhodes was
unable to attend this meeting. However, Ms. Coffey stated that she had heard
from Mr. Rhodes that they had not yet been able to find the equipment that
would block the commercials from HCTV-Channel 11. WHKP was continuing to look
for that equipment, but at this point were unable to guarantee that they would
have that equipment as requested at the last meeting.
Chairman Moyer requested
this item be placed on the next agenda, and asked Staff to consider other
options based on this information.
Carey McLelland provided
the following information on the
·
$4.1M
outstanding from prior year's debt notices mailed.
·
Estimated
write off of $1.3M plus due to Medicare and Medicaid insurance claim payments.
·
Hired
(2) temporary employees familiar with
filed
and re-filed over 600 of these past due claims successfully.
·
Second
employee is working on billing system software set up to correct coding
problems and to make the system work more efficiently/effectively for billing
and filing insurance claims. This employee is also working on filing past due
Medicaid claims, filing past due secondary insurance claims, invoicing current
bills and training other County employees on doing these functions.
·
Delinquent
tax collector's office working on post office returned mail to get better
address information on
·
Working
with
·
Medicare
supplying all Explanation of Benefits (EOBs) sent to
·
Filing
appeal letters on older claims to secondary insurance companies for patients
where Medicare/Medicaid has already paid.
·
Changing
the way
·
·
Installed
another computer in
·
Mr. McLelland answered
numerous questions from the Board throughout the presentation, especially with
regards to budgetary implications. The 12/31/05 deadline for filing with
Medicare covered bills from October 1, 2003 through September 30, 2004.
Medicare is looking on a case by case basis at any claims prior to October 1,
2003. Commissioner Young stated that at some point, of the 11,000 bills sent
out, he would like to know the percentage that had actually been paid but not
properly credited. Mr. McLelland will track that information as possible. It
was also noted that none of the bills would be submitted to the debt set-off
program. Terry Layne stated that as EOBs are received from Medicare, staff
would review those to determine which bills had actually been paid. There
followed much additional discussion about why this problem suddenly loomed so
large, and assurance that current billings were being processed accurately, and
that similar problems would not occur in the future.
Terry Layne addressed
the Board on the call volume associated with this issue. He stated that after
the first notices were sent out,
IMPORTANT DATES
Joint Facilities Meeting
Chairman Moyer stated
that there would be a Blue Ridge Community College Joint Facilities meeting on
Monday, December 19th at 4:00.
Special Called Meeting
Chairman
Moyer made the motion to schedule a special called closed session meeting on
Thursday, January 12th beginning at 8:30 am and running all day. No
action would be taken on that day. All voted in favor and the motion
carried.
The meeting previously
scheduled for January 19, 2006 at 9:00 am with NCDOT had been cancelled due to
an NCDOT staff time conflict. Mr. Hembree would place that on the January
agenda to be rescheduled.
Land Development Code
Commissioner
McGrady made the motion to set a workshop for Thursday, January 19, 2006 at
4:00 pm to consider and discuss the draft Land Development Code. All voted in
favor and the motion carried.
Set Public Hearing on Rezoning Application #R-2005-06,
Chairman
Moyer made the motion to schedule a public hearing with respect to the ETJ
action on Wednesday, January 18th at 11:00 am. All voted in
favor and the motion carried.
David Nicholson Retirement Reception
Justin Hembree reminded
the Board of Mr. Nicholson’s drop-in retirement reception scheduled for
December 29th from 3:00 – 6:00. Chairman Moyer stated that this was
Mr. Nicholson’s last meeting as the
Commissioner Young asked
that discussion of the property be added to the January agenda.
Commissioner Messer stated
that with the completion of the
Adjourn
Commissioner
McGrady 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