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 Steve Wyatt, Assistant County Manager
Also present were: Planning
Director Judy Francis, Fire Marshal Rocky Hyder, Finance Director J. Carey McLelland,
and Development and Enforcement Director Toby Linville, Deputy Clerk to the
Board Amy Brantley, Budget and Management Director Selena Coffey, and Public
Library Director Bill Snyder.
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
Commissioner Shannon
Baldwin gave the invocation.
Chairman’s Announcements
Chairman Moyer informed
the Board that the National Technical Honor Society had a presentation at the
Chairman Moyer explained
that on very short notice there was a round table discussion with Secretary of
the Treasury John W. Snow at the Community College to discuss technical matters
in
Chairman Moyer announced
that Selena Coffey has been going to the
INFORMAL PUBLIC COMMENTS
Due to the fact that we
had a number of people signed up to speak, Chairman Moyer asked each person who
had signed up for informal public comments to please limit their time to 3
minutes each.
- Valerie LeVander - Ms. LeVander stated that her Aunt was
Evelyn Haynes, who owned
- Tom E. Orr – Mr. Orr
discussed the importance of bells. Almost a year ago the centennial
celebration of the historic courthouse began with the theme “Let Freedom
Ring”. The idea was to ring the courthouse bell and to invite bell ringing
throughout the county. The efforts
were successful but he was somewhat disappointed with the volume of sound
eminating from the belfry or cupola of the historic courthouse. He asked
the Board of Commissioners to explore as part of restoration efforts how
the volume and quality of sound can be enhanced through the installation of
either a larger standard bell or a caroling electronic substitute. He asked that they first investigate the
present bell, it’s history, and its possible preservation and replacement.
He raised many questions.
Mr.
Orr also stated that he is not happy with the color of the dome, it is just not
gold. It looks green.
- Karen Jones – Ms. Jones spoke
to the issue of the Tuxedo/Green River Library. The support group at the Green River
Library would love to have the old company store property. The parking at the current site is not
good. The new site would also give the community a good place to vote with
handicapped access. The parking is
adequate. The old company store is also historic and Tuxedo just doesn’t
have anything left historic. She respectfully requested that the Board
choose the company store site.
- Katherine Taylor – Ms. Taylor
agreed with what Karen Jones had said.
She felt that the best place for the library would be at the old
company store. She stated that the owner of the property was willing to
negotiate price. She also informed the Board that there is an anonymous
donor to the tune of $100,000 to go on the community building if this is
the choice made. The donation is to defray the cost of the renovations.
- Karen & Scott Rigg – Scott Rigg
stated that he lives in a small subdivision called
- Patti Keck – Ms. Keck agreed
with Mr. Rigg’s comments about the deplorable condition of one house in
the small neighborhood. She asked that the Board please not grandfather
anything in. She said it is a very lovely small development, very
unpretentious, with well kept homes ranging from about $140,000 up to
about $300,000. This one home is a real detriment to the community, not
only in looks but in health. It is a place that would naturally attract rats.
This started out as a retirement neighborhood but it is fast becoming a
family oriented neighborhood, which they are glad of.
- Marvin & Lois Stoghill - Mr. Stoghill made an appeal for the
nuisance ordinance, agreeing with the last two speakers about this one
residence in their community. This property in question has five cars, a
school bus and assorted other stuff.
He also mentioned the health problem.
- Doug Freeman – Mr. Freeman stated
he is the first Vice-Chair of the Democratic Party of Henderson County. He spoke on behalf of the Executive
Committee. The Democratic Party is
keenly interested in the welfare of working families. Last Fall they began collecting
signatures to encourage the passage of a minimum housing code. He presented 229 signatures of Henderson
County residents who support the following statement “Many jurisdictions
around the state, including the City of Hendersonville, have minimum
housing codes which give Housing, Planning, Inspections, Fire Code, or
other code enforcement officers the authority to order the rehabilitation
or condemnation of structures that fall below a minimum threshold of
livability. It is unacceptable that
some of our neighbors are asked to live in substandard housing because our
county has no minimum housing code.”
Mr.
Freeman stated that the Democratic Party appreciated the fact that
The
Henderson County Democratic Party encouraged the Board to enact with all haste
a minimum housing code that will ensure a decent and compassionate level of
livability for all our cititzens.
- Eva Ritchey – Ms. Ritchey expressed
concern about the lack of a sustainable practical energy management plan
for our county. Most citizens now acknowledge that we cannot continue to
consume enormous amounts of energy without serious consequences to our
national security, our natural environment, and to our children’s
future. She stated that the true
life cost on a new building includes dollars needed to heat, electrify,
and maintain it. If we ignore these real costs, we face increased taxes for
rising energy bills. She quoted figures for energy costs for the schools.
“The
leadership of this community has failed to implement a building program that
conserves tax dollars. And while I appreciate that the school system has a
solar water heating system in the latest school plan, that is a drop in the
desert compared to the savings they could have delivered with a 21st
century design. The technology has long been available to build solar and green
technologies into our schools and public buildings.”
- Donald King – Mr. King distributed
pictures of his neighbors’ property where there are junk cars. He stated
that it is currentlyorse than what the pictures show. This neighbor has a half acre of land
and has about 20 cars piled on there. Now he also has four trailers piled
in there. This property is on
- Dick Baird – Mr. Baird welcomed
Steve Wyatt to
Mr.
Baird stated that he would speak on “fraud audits” at the next meeting.
- Mitchell Redmon – Mr. Redmon
addressed the five acre stipulation in the Land Development Code, stating
it is a little bit much. He doesn’t
think we should have any lots less than a half acre at all, unless they
are already subdivided to that size and there is adequate room for well,
septic, etc. A ˝ half acre is about as small a size lot as you could have
and have a good lot.
Mr.
Redmon addressed the issue of sales tax distribution, stating that it should be
based on population.
Mr.
Redmon addressed the nuisance ordinance, stating that allowances should be made
in some way for older vehicles that are good candidates for restoration. He
agreed that we have a bad problem in
Mr.
Redmon asked the county to look at
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer wished to
add one item to Update on Pending Issues – Mental Health update.
Commissioner Messer made the motion to approve the agenda as
revised. All voted in favor and the
motion carried.
CONSENT AGENDA
Commissioner McGrady made the motion to approve the consent
agenda. All voted in favor and the
motion carried.
Minutes
Draft minutes were
presented for the Board’s review and approval of the following meeting(s):
Financial Report – February 2006
Cash Balance Report – February 2006
These reports were
presented for information and consent approval.
Non-departmental
expenses are for Property/Liability 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 new generators for the mountaintop communication sites, a GIS
software application update that links GIS data with the Computer Aided
Dispatch (CAD) system and complete replacement of the UPS-battery backup 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 Projects are all temporary due to timing
differences in the expenditure of funds and the subsequent requisition of
Federal and State grant funds or Cane Creek Water & Sewer District funds
for the Mills River Sewer Project to reimburse these expenditures.
The YTD deficit in the
Historic Courthouse,
Henderson County Public Schools Financial Report – February
2006
The Schools Financial
Report was presented for information and for consent approval.
Remote Access to Court Records for Tax Collections
Tax collections
operations can be greatly enhanced through the sharing of information with
governmental agencies. One of these
agencies is the North Carolina Administrative Office of the Courts. The
prepared agreement will allow the Tax Collector remote access to records
maintained by the Administrative Office of the Courts and should enhance local
tax collections efforts.
Staff’s recommendation
was for the Board to approve the agreement as presented in the agenda packet.
Tax Collector’s Report
Terry F. Lyda, Henderson
County Tax Collector, had provided the Tax Collector’s Report dated
Sexual Assault Awareness Month Resolution
Ms. Jane Orwoll, Board
Chair of the
Blue Ridge Literacy Council ProLiteracy
The Blue Ridge Literacy
Council has been awarded ProLiteracy America Accreditation. The prepared resolution recognizes this
community-based organization for this achievement.
Staff recommended the
Board adopt the resolution as presented in the agenda packet. A copy of the resolution is attached and made
a part of these minutes.
2006 Spring Litter Sweep Resolution
NCDOT’s 2006 Spring
Litter Sweep will take place
Staff recommended the
Board of Commissioners adopt the prepared resolution as presented in the agenda
packet. A copy of the resolution is attached and made a part of these minutes.
Apple Country Greenway Commission – Annual Report
This report was provided
for the Board’s information. No action
was required.
Improvement Guarantee for Phase III of Sunset Ridge
Dan Ducote with Dan
Ducote Enterprises, Inc., owner, had submitted a request for an improvement
guarantee for Phase III of the Sunset Ridge major subdivision. Phase III is
proposed to have a total of 19 lots on 12.4 acres of land. The Henderson County Planning Board granted
conditional approval of a revised Master Plan and Phase II and Phase III
Development Plan on
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 and for 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 improvement guarantee approval date.
The developer intends to post with the County an irrevocable letter of
credit in the amount of at least $128,425.00 to cover the cost of the
improvements ($102,740.00) as well as the required twenty-five percent (25%)
contingency ($25,685.00).
A draft Performance
Guarantee Agreement was included in the agenda packet 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
Improvement Guarantee for the Tradition Subdivision
Ronald Mueller, owner,
and Rhodes Development, LLC, developer, submitted a request for an improvement
guarantee for the Tradition minor subdivision.
Tradition is located on 11.24 acres of land off of NC Hwy 191 (
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 and for 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 improvement guarantee
approval date. The developer intends to
post with the County an irrevocable letter of credit in the amount of at least
$115,518.13 to cover the cost of the improvements ($92,414.50) as well as the
required twenty-five percent (25%) contingency ($23,103.63).
A draft Performance
Guarantee Agreement was included in the agenda packet 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
Improvement Guarantee for The Orchards at Flat Rock
The Orchards, LLC,
owner, submitted a request for an improvement guarantee for Phase I of The
Orchards at Flat Rock major subdivision. The Orchards at Flat Rock is located
on 37 acres of land off
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 and for 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 improvement guarantee approval
date. The developer intends to post with
the County an irrevocable letter of credit in the amount of at least
$1,175,953.00 to cover the cost of the improvements ($940,762.00) as well as
the required twenty-five percent (25%) contingency ($235,190.50).
A draft Performance
Guarantee Agreement was included in the agenda packet 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
Improvement Guarantee for Gladiola Pines
Dean Pistor with
Gladiola Pines, LLC, owner, had submitted a request for an improvement
guarantee for the Gladiola Pines minor subdivision. The project site for Gladiola Pines is
located on 15 acres of land off
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 and for 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 improvement guarantee
approval date. The developer intends to post with the County an irrevocable
letter of credit in the amount of at least $273,399,00 to cover the cost of the
improvements ($218,719.28) as well as the required twenty-five percent (25%)
contingency ($54,680).
A draft Performance
Guarantee Agreement was included in the agenda packet 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
Right of Way in favor of Duke Energy to serve Hospice
Duke Energy and Four
Seasons Hospice and Palliative Care seeks an easement for Duke Power purposes
to further serve the Hospice facility.
This was given to the Offices of the
George C. Knudsen, P.E.,
the Owner’s Representative for Four Seasons Hospice, was present at the meeting
to give further information, if requested by the Board.
Proposed motion, if
desired:
I move that the Board
grant the proposed easement to Duke Energy Corporation as shown on the draft
attached to the Board’s agenda materials.
Change of registered agent of Henderson County Hospital
Corporation
Currently the registered
agent for Henderson County Hospital Corporation is David E. Nicholson. This
proposes that the Board adopt a policy that the County Manager of Henderson
County (and all future County Managers) be the registered agent, so that no
further Board of Commissioners’ action would be required in the future, such
the Board’s Chairman would merely execute a notice to the Secretary of the
State of North Carolina, of future changes in the Registered Agent.
The Board was requested
to approve the change to a policy that the
The following motion was
recommended:
I move that the Board
name as the registered agent of Henderson County Hospital Corporation the
current
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear on the next agenda for
nominations:
1.
Animal
Services Commission – 1 vac.
2.
Apple
Country Greenway Commission – 1 vac.
3.
4.
Juvenile
Crime Prevention Council – 1 vac.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
1.
Apple Country Greenway
Commission – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
2.
Child Fatality
Prevention Team – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
3.
There were no
nominations at this time so this item was rolled to the next meeting.
4.
Commissioner Messer
nominated Mike Cooper.
Commissioner Baldwin
nominated John Antrim.
Commissioner McGrady
nominated Tommy Laughter and Collette Summitt.
Commissioner Young
nominated Paul Patterson.
We have five nominees
for three vacancies so the Clerk will poll the Board at the next meeting.
5.
Juvenile Crime
Prevention Council – 4 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
6.
Mountain Area Workforce
Development Board – 1 vac.
Chairman Moyer nominated
Richard Sheldrick to position #6. There were no other nominees at this time.
Chairman Moyer suggested
that Ms. Brantley contact Mr. Sheldrick to be sure he is still willing to serve
on this committee. This was rolled to the next meeting for action.
7.
Nursing/Adult Care Home
Community Advisory Committee – 7 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
8.
Solid Waste Advisory
Committee – 2 vac.
There were no nominations
at this time so this item was rolled to the next meeting.
EMERGENCY WATERSHED PROTECTION PROJECT
Dan Rosenberg of the
local National Resources Conservation Services Office was present to update the
Board and make a presentation. Mr. Rosenberg stated that these projects were
result of the hurricanes in 2004, Francis and Ivan. There was a special collaborative agreement
between NRCS and the State of North Carolina to try to get a lot of these
stream bank damaged sites as well as a few landslides repaired in a timely
manner.
Henderson County Government, in partnership with the local Natural Resources
Conservation Services (NRCS) office and the local Soil and Water Conservation
District, have recently completed its participation in the Emergency Watershed
Project. Mr. Rosenberg stated there were
140 individual project sites with about 136 of them being stream banks that
were damaged and needed to be repaired. Some of them had serious engineering
activities in the water. The total
expenditures once the final invoice is paid will be $2,346,105.00. Only one invoice is outstanding, for $14,000.
Justin Hembree reminded
the Board that the $2,346,105 was all state and federal funds. He commended the folks at Soil & Water
Conservation for their help on these projects.
Mr. Rosenberg answered
several questions from the Board. He stated that the performance objective or
intent of the program was to stabilize the stream banks and some of the
hillsides that washed away to pre-hurricane conditions. That was done to the
financial extent possible.
Mr. Rosenberg presented
a plaque to Chairman Moyer, from NRCS, to all the Commissioners and staff:
“Presented with appreciation to Henderson County for its leadership in
implementing the Emergency Watershed Protection Program in Western North
Carolina and response to September 2004 floods.”
TUXEDO/GREEN RIVER BRANCH LIBRARY UPDATE
As requested during the
March 15 meeting of the Board of Commissioners, Mr. Bill Snyder, Henderson
County Library Director, was present to provide the Board with an update
concerning the possible expansion/relocation of the Tuxedo/Green River Branch
Library.
Bill Snyder distributed
a hand-out entitled “Select Statistics for NC Libraries” which he felt would
help explain some of the recommendations that he and the Library Board suggested.
He reviewed the pages of the hand-out with the Commissioners.
Mr. Snyder stated that
when they site a library and decide on what kind of facility to have there,
they base it on the population and usage of current facilities. The NC standard for public libraries is .65
square feet per person in service area.
Mr. Snyder got a map out and drew a four mile radius around each of our
library locations which accounted for approximately 75% of the population of
Mr. Snyder explained that
for the Green River Library they are asking for a 3,700 square foot
building. If they used NC standards,
they would need a building more like 7,000 to 8,000 square feet, depending on
how far down the road it would be projected. Based upon the current level of
use and what he feels is reasonable projections for use down the road in a new
facility and also recognizing that sometimes the smaller facility inhibits
growth in use because there are not as many resources available to be used.
Based upon the service population and the current level of use as well as
projections of use, he felt that a library half the size of standard is
adequate for the next 15 years there. On
the other hand, 2020, 2030, or further down the road, more people may be moving
into the area and circulation may grow faster than anyone can anticipate it
will so a future Board of County Commissioners may have to go back and resizing
some of the facilities, if not replacing them or putting on additions.
Mr. Snyder reviewed two
site options with the Board:
1.
Expansion
of the current library owned by the Green family.
2.
The
former Company Store on Highway #225 in Tuxedo.
The Green River Support
Group and the Library Board prefers the Company Store site. However, either
site is acceptable. The old Company
Store site is the superior site with the Greene family site being an acceptable
site. The total cost for either project is approx. $495,000.
Bill Snyder asked for
direction from the Board as to which way the Board of Commissioners would like
for the Library Staff to be planning these facilities. In response to a
question from the Board Mr. Snyder replied that the Friends of the Library will
provide the furnishings and shelving at either site.
Commissioner McGrady made the motion to authorize the County
Manager to proceed with discussions with the owner of the old Company Store
Property to see if we can arrive at an amicable price for a county library. All
voted in favor and the motion carried.
CEMETERY ADVISORY COMMITTEE UPDATE
Chairman Moyer
recognized Jay Jackson, Chairman of the Cemetery Advisory Committee to update
the Board on the committee’s activities.
Jay Jackson thanked the
Cemetery Committee members who were present in the audience: Wanda Case, Leon
Pace, and Karen Carswell. He also thanked the Board for appointing Leon Pace to
the Committee. He seems to have a lot of knowledge and should be a lot of help
to the Committee.
Jay Jackson showed a
sample of the signs that will be posted to show where the cemeteries are
located. They are brown state signs. The sign is 18” x 24”, has the cemeteries’
name on it, the established date if we know it, and then the county seal. There will also be information on how to
visit the cemetery as well as how to find the county website if you want to
learn more about a particular cemetery.
Jay Jackson discussed
the Adopt-A-Cemetery Program. He also
stated that they would like to digitize the Henderson County Cemetery Book and
have it available on the County’s website.
They have gotten permission from the Genealogical and Historical Society
to use this information as long as they are given credit. He stated that the
Adopt-A-Cemetery Program will be low cost. They will meet with the adopting
agencies and coordinate with them and supply information.
Toby Linville added that
he had put in a budget request for this year to pay for the cemetery signs. On
the web page currently there is a partial GIS layer, not complete yet. A majority of the cemeteries are available.
Jay Jackson requested
that May 2006 be declared Cemetery Awareness Month. It was done last year and
he requested that it be done again this year. If possible, they would also like
the Adopt-A-Cemetery Program to start in May.
PROPOSAL FOR ENERGY AND SALES TAX REALLOCATION
AUDITS
Selena Coffey presented
a proposal from Utilities Reduction Specialists/Tax Reduction Specialists
(URS/TRS) for a combined energy bill audit and sales tax reallocation audit for
Within the proposal, URS
is compensated on a performance basis, which means that they are compensated
based only on discovered cost reductions or refunds. There are no fees for URS
services if there are no reductions or refunds discovered.
URS has provided a
proposal to bundle the energy bill audit and the sales tax reallocation. In order for the County to realize savings
for the most recent sales tax quarters, we must contract with URS and they must
begin their work with the County by April 15th.
Based on the deadline
for the sales tax reallocation and in order to realize sales tax savings as
soon as possible for the County, staff recommended that the Board of
Commissioners execute the prepared contract for the sales tax reallocation
audit with URS.
Contrary to the sales
tax reallocations audits, energy bill audits have no deadlines associated to
them. For this reason, staff recommended that the Board authorize staff to
receive proposals for these audit services.
Steve Mann, President of
URS, came forward and answered some questions from the Board. Their company had done a sales tax
reallocation audit for
Commissioner McGrady made the motion to authorize the
FLU PANDEMIC UPDATE
Rocky Hyder reviewed
with the Board a PowerPoint presented regarding local, state, and federal
preparations for a flu pandemic. A copy of the PowerPoint presentation follows:
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This was presented for information only.
No action was requested at this time.
Recess
Chairman Moyer called a
brief technical recess, to change videotapes.
FACILITY PLANNING – BOARD OF ELECTIONS COUNTY
WAREHOUSE/STORAGE SPACE
Chairman Moyer stated
that at the last meeting, the Board had some discussion with respect to
facilities planning for the Board of Elections. He recognized Justin Hembree to
update the Board.
Justin Hembree explained
that this item was included on today’s agenda for further discussion and
possible action. The following
information was presented to the Board on March 15:
Based
on several conversations with the Director of the Board of Elections, staff
feels it is appropriate for the Board to consider several issues relating to
the location of the Board of Elections’ offices and, in turn, county
warehouse/storage space. The County’s
lease of the building that currently houses the Board of Elections expires at
The
County’s facility plans call for the sale of the
Staff
has been approached by Mr. Billy Pace in regards to a building he has available
for lease that could meet the County’s needs in terms of Board of Elections
offices and warehouse/storage space. The building in question is approximately
10,000 square feet and would be entirely climate controlled. The Director of
the Board of Elections feels that the location of the building and available
parking at the building will more than meet the needs of the Board of
Elections. Mr. Pace has offered the
building to the County via a long-term (8 year) lease at a cost of $6 per
square foot ($72,000 annual). This would allow for 5,000 square feet for use by
the Board of Elections and 5,000 square feet for use as storage/warehouse
space. Based on information provided by
the Partnership for Economic Development, the average cost for climate
controlled warehouse space is $7.13 per square foot. Staff is in favor of pursuing this option.
Staff
reviewed financial figures with the Board.
The
Board directed staff to gather additional information for presentation during
the
Based
on discussions with local contractors and building supply companies, the cost
of a pre-fabricated metal frame building (such as the Pace building) will be
between $70 and $90 per square foot. It
should be noted that this cost is higher than the “retail” cost due to the
increased costs for governmental requirements (design, bidding, etc.). Under
this estimate, a 5,000 square foot building is estimated to cost $400,000 ($80
per square foot) and a 10,000 square foot building is estimated to cost
$800,000 ($80 per square foot).
Following much discussion,
Commissioner Messer made the motion to
recommend that the Board direct staff to develop and execute a lease agreement
for the Pace building based on information presented, for 8 years at $72,000 a
year. A vote was taken and the motion passed four to one with Commissioner
Baldwin voting nay.
LOCAL OPTION SALES TAX DISTRIBUTION METHOD
Russell Burrell reminded
the Board that according to NCGS 105-472, “during the month of April of each
year” the Board of Commissioners must determine whether to use the “per capita”
method of distributing the revenue from the optional sales taxes authorized by
the County between the County and its municipalities, or to use the “ad
valorem” method of distribution. A short memorandum explaining each method, and
pointing out the differences in effect each choice makes, was included as part
of the agenda packet.
Should the Board
determine that the “ad valorem” method is appropriate, no decision on whether
to adjust fire district tax rates is required at this meeting.
The Board was requested
to determine which method of local option sales tax distribution it chooses.
Proposed motions for the three methods mentioned in the memorandum were
presented.
Russell Burrell reviewed
the details of the three options with the Board.
Commissioner Young made the motion to stay with the “per
capita” method for this year, providing that Flat Rock and
Chairman Moyer made the motion to set a workshop with the
municipalities to discuss these options for Monday, April 10 at
DRAFT NUISANCE ORDINANCE
Toby Linville reminded
the Board that through the recently adopted County Strategic Plan, the Board of
Commissioners made enhanced code enforcement a priority. As part of this
effort, the adoption of a new Nuisance Ordinance is proposed. A draft ordinance
has been discussed at two public hearings.
Changes have been incorporated into this revised draft. Deletions are
noted with strike throughs and additions are in italics.
Toby Linville reviewed
the changes/deletions with the Board. There were a few more changes suggested.
After review and discussion, it was the consensus of the Board for Toby
Linville to make the suggested changes and bring this back to the Board at the
next meeting (April 19). The suggested effective date was changed to
COUNTY GOVERNMENT WEEK
Justin Hembree informed
the Board that County Government Week for 2006 will be April 23 – 29. A
resolution has been drafted to proclaim this period as County Government Week
in
Monday, April 24 Roll out of the Hancock County, MS Donation Fund
Tuesday, April 25 Blood Drive for county employees
Wednesday, April 26
Hancock
County , MS Donation Fund
at
Henderson County Health Department
Thursday, April 27 Development & Enforcement Services – How to be a Good
Neighbor
Friday, April 28 Open
Saturday,
April 29
Commissioner McGrady made the motion to adopt the 2006
UPDATE ON PENDING ISSUES
Land Development Code (LDC)
Chairman Moyer stated
that the Board put this project on hold until the new
Chairman Moyer felt the
Board should send this LDC back to the Planning Board and Planning Staff and
after they come back to the Board of Commissioners with it, the Board of
Commissioners should go out into the community for public input. Chairman Moyer recognized the new
Steve Wyatt also
recommended that the LDC go back to the Planning Board and Planning Staff. He
stated that a Land Development Code (LDC) or Unified Development Ordinance
(UDO) is simply a tool to regulate how property will be developed here. It
needs to be easily understandable. He stated that he has concerns about the
process. He stated that we’re on the way
now to getting the best product to carry us forward in the days and years ahead.
He could not tell the Board how long it will take to get a quality product. He
would like to spend a little more time ascertaining our resources.
Chairman Moyer made the motion to send the draft LDC back to
the full Planning Board and ask them to start on the new draft with no
restrictions on how they proceed and ask the County Manager to take a look at
the resources that it will take and come back to the Board with a reasonable
schedule after working in conjunction with the Planning Dept. staff and Planning
Board as to what they see the appropriate time would be. All voted in favor and
the motion carried.
Forum on Mental Health
Commissioner Messer
stated that the legislators met today, mental health was one of the issues. We
all have these problems to handle but no money to deal with the problems. The General Assembly recognized the need for
funding. Commissioner Messer stated that
we need to stick together in our LMEs. He stated that it was a valuable
workshop meeting. Our population continues to grow and our mental health needs
continue to grow.
Justin Hembree was also
at the meeting. He stated that he thinks we’re actually staring to see some
synergy around this at the General Assembly level in terms of recognizing the
need for funding. He heard the figure of $280,000,000 thrown out today of what
they think it would take to initially fix the system. Now what that translates into as the General
Assembly is getting ready to go into their short session, we’ll see. They’ve
heard particularly from the western side of the state about the issues that
we’re dealing with and particularly the frustrations that us at the LME and the
providers are having with the Division of Mental Health and the Department in
CANE CREEK WATER & SEWER DISTRICT – no
business
CLOSED SESSION
Commissioner McGrady made the motion for the Board to go
into closed session as allowed pursuant to NCGS 143-318.11 for the following
reasons:
1.
(a)(3) To consult with
an attorney employed or retained by the public body in order to preserve the
attorney-client privilege between the attorney and the public body.
2.
(a)(3) To consult with
an attorney employed or retained by the public body in order to consider and
give instructions to the attorney with respect to the following claim:
All voted in favor and the motion carried.
Chairman Moyer informed
those in attendance that the Board would not be coming back into open session
following the closed session.
Attest:
Elizabeth W. Corn, Clerk
to the Board
William L. Moyer, Chairman