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
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
County Manager
Chairman Moyer
recognized Assistant County Manager Justin Hembree and noted that he would be
presented with a public service award.
He stated that Mr. Hembree had turned in notice to the County.
County Manager
INFORMAL PUBLIC COMMENTS
Chairman Moyer asked
each person who had signed up for informal public comments to please limit
their comments to about 3 minutes.
WHEREAS,
the Hispanic/Latino community is a large, growing, and vital part of the
population, economy, and cultural life of
WHEREAS,
people of Hispanic/Latino origin constitute 14 percent of the nation’s total
population and 7.2 percent of the population in
WHEREAS,
the Hispanic/Latino community invests in the success of
WHEREAS,
Hispanic/Latino Americans have contributed to a rich and diverse culture in
WHEREAS.
The Hispanic/Latino community has a strong background in, and appreciation for,
family values; and
WHEREAS,
as a result of their determination, intelligence, hard work and perseverance,
the Hispanic/Latino community has contributed immensely to the character and
future of this County;
NOW,
THEREFORE, BE IT RESOLVED that the Henderson County Board of Commissioners, at
its meeting on October 18, 2006 does hereby call upon all citizens of this
County to recognize the importance of Hispanic/Latino heritage in
Commissioners
·
Additional
deputies 400,000
Incarceration
755,000
Medical for prisoners 92,000
Additional incarcerations officers 200,000
Total
for policing $1,500,000
·
Education $1,082,000 (several hundred thousand
low due to misleading data from school system)
·
State
Funds $4,000,000 (probably a million low due to
misleading data)
The
money that goes to state and then comes back after service fees is
extorted. Half of Sugarloaf Elementary debt service ($600,000)
should be charged to the illegal immigrants.
The total for K-12 education is roughly 6.8 million dollars (probably
low by as much as 1.5 million).
There
was very little useful data for Public Health and Social Services. An estimate has been derived of $300,000 for
Public Health and $680,000 for Social Services.
An
estimate of $9,000,000 per year is being sent to other nations from
Whoever
is on duty at the emergency room must be the doctor for illegal immigrants. This is the most costly medical option at 2.7
million.
·
Sales
tax revenues $972,000
·
Fines
and Fees 50,000
·
Vehicle
Taxes 100,000
Total
revenue $1,100,000
Totaling
all of the above, illegal immigrants are costing
This
is very close to the $2700 on the first page of Selena’s document. Mr. Baird’s opinion was to pass American’s
First Ordinance and “get these dollar sucking parasites on their way out of
DISCUSSION/ADJUSTMENT OF AGENDA
County Manager
Commissioner McGrady made the motion to approve the agenda
as adjusted but with the deletion of Item D Illegal Immigration. The
motion failed with Commissioner Baldwin, Commissioner Young, and Commissioner
Messer voting nay.
Chairman Moyer requested
Commissioner McGrady to speak to his motion.
Commissioner McGrady
stated that a great deal of information had been pulled together on illegal
immigration; however he did not see the nexus or ability for the Commissioners
to do anything on this subject. Unless
there is something the Commissioners can specifically do on it, while the
information is useful, he doesn’t feel that there is any purpose of having it
as a discussion item.
Commissioner Baldwin
expressed that there needed to be a discussion no matter how brief. The Commissioners need to decide what they
can do next in order to deal with the issue at hand.
Commissioner Young was
in agreement with Commissioner Baldwin and feels they need to proceed with
discussion. He stated that the resolution,
as Dick Baird has said, needed to state “legal”.
Commissioner Messer
agrees that there is a problem in the nation.
He feels that the Commissioners hands are tied. It does need to be discussed.
Commissioner McGrady made the motion to approve the agenda
with the addition of the
CONSENT AGENDA
Commissioner McGrady made the motion to approve the consent
agenda as presented. All voted in favor and the motion carried.
The Consent Agenda
consisted of the following:
Tax Collector’s Report
Terry F. Lyda, Henderson
County Tax Collector, had provided the Tax Collector’s Report dated October 16,
2006, for the Board’s review and consent approval.
Non-Profit Performance Agreement
Subsequent to the
approval of the FY 2006-2007 Budget, staff had distributed the funding
agreements to the non-profit agencies receiving County allocations. Staff will be including signed funding
agreements on the Board’s consent agendas as they receive them from the
agencies.
If the Board is so
inclined, the following motion was suggested:
I move that the Board authorize the Chairman to execute the
attached funding agreement with the Housing Assistance Corporation and, in
doing so, authorize the release of the first of the aforementioned agencies’
quarterly allotments.
Surplus Property
A resolution was
presented and is included as an attachment to these minutes for the Board’s
consideration (Exhibit A) declaring the attached list (Exhibit B) of vehicles
and equipment no longer used by the County as surplus property. The resolution also authorizes staff to
advertise for sale and dispose of this surplus property by electronic public
auction at www.govdeals.com after
the required advertisement of the sale.
If the Board is so
inclined, the following motion was suggested:
I move that the Board approve the attached resolution
declaring the attached list of personal property as surplus and authorize staff
to sell the surplus property after advertisement by electronic public auction
utilizing GovDeals auction services.
Public Records Disposal Request
Staff requested approval
from the Board of Commissioners to destroy public records listed and attached
to the agenda of Public Records Disposal Request and Destruction Log and also
included as an attachment in these minutes
in accordance with the County’s Records Retention Policy and the
provisions of N.C.G.S 121 and 132 as the period for retention of these records
has expired.
If the Board is so
inclined, the following motion was suggested:
I move for the Board to approve this public records disposal
request as it meets the requirements of the County’s current Records Retention
Policy.
Improvement Guarantee for the
Mr. Hunter Marks (of
Luther E. Smith and Associates, P.A.) on behalf of Phoenix Housing Group,
owner, submitted a request for an improvement guarantee for the Green Mountain
Vistas major subdivision. Green Mountain
Vistas is located on approximately 29 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 $434,870.69 to cover the cost of the
improvements ($347,896.55) as well as the required twenty-five percent (25%)
contingency ($86,974.14). October 1,
2007 is the proposed completion date for the improvements.
A draft Performance
Guarantee Agreement was attached with the agenda 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.
I move that the Board approve the improvement guarantee
application for
Water Line Extension – Preserves on
The City of
A City of
I move that the Board take action to support the referenced
water and sewer line extension.
Child Protection Ordinance
Included in the agenda
packet for the Board’s review was a revised draft Child Protection
Ordinance. It was very similar to the
last draft, except that it defines “camp” (site where recreational and
educational activities are regularly provided for children), and eliminates a
prohibition on a registrant being present at a school event announced to and
open to the general public.
If the Board is so
inclined, the following motion is suggested:
I move that the Board adopt the revised draft of the Child
Protection Ordinance.
Application for county control of an abandoned public
cemetery (lower section,
Under your ordinance:
1) The Board must “assume
possession and control” of all abandoned public cemeteries. (Code §76-6)
2) “An abandoned cemetery
for which there is no ascertainable person or entity responsible for
maintenance and care, and which has not actually been maintained or cared for
so that it has fallen into a state of disrepair as evidenced by overgrown
foliage, broken grave markers, loss of grave identity, or such other
circumstances indicating neglect or abandonment.” (§76-4(a))
3) “A public cemetery is a
cemetery that:
(1) Is or was last owned or
controlled by a public body without any relinquishment of ownership or control
by said public body; or
(2) Has been (i) dedicated
for use by the public generally by an express or implied dedication, and (ii)
accepted by the public expressly by an act of public body or impliedly by the
actual use of the cemetery by the general public.” (§76-4(C))
The only substantial
issue identified by staff as a concern with this application is the location of
the boundaries of the “lower section,
If the Board is so
inclined, the following motion is suggested:
I move that the Board assume and exercise possession and
control of the lower section of
Strategic Plan & Capital Projects Monthly Report – 2006
Included in the agenda
packet were the Strategic Plan and Capital Projects Monthly Report. The purpose of the monthly reports is to
examine the extent to which the issues within the Strategic Plan have been
addressed and the goals have been achieved.
This was for information. No action was requested.
N.C. Cooperative Extension New Memorandum of Understanding
(MOU)
Included in the agenda
packet was information regarding a new Memorandum of Understanding (MOU)
between
This new MOU begins to
move all Cooperative Extension employees from counties across the state to one
uniform payroll system. This will have
no significant impact on
I move that the Board approve the MOU and authorization for
the Chairman or
2007 Public Library
Public Library Director
William Snyder presented the proposed 2007 holiday schedule for the Public
Library and its branches for approval.
The Public Library and its branches will observe two additional holidays
in 2007 because they occur on Sunday:
Easter Sunday, April 8, 2007 and Sunday, Christmas Eve, December 23,
2007.
I move that the Board approve the 2007
Soil & Water Conservation 2006-2006 Annual Report
Included in the agenda
packet for the Board’s review was a copy of the Soil & Water Conservation
District 2005-2006 Annual Report. This
was for information. No action was
requested.
Approval of FY 2007-2009 Henderson
In accordance with the
State biennial planning schedule, Henderson County Department of Social
Services had prepared a recommended Work First Block Grant Plan for FY
2007-2009. The State requests the plan
be submitted on or before October 31, 2006.
Requested was: (1)
Certification of the Board of Commission’s majority approval of the plan; and
(2) Chairman’s signature.
If the Board is so
inclined; the following motion is suggested:
I move that the Board approve this plan and authorize the
Chairman to execute the necessary documentation.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear for nominations on the next
agenda:
1.
2.
3.
Nursing/Adult
Care Home Community Advisory Committee – 1 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.
Community Child
Protection Team – 1 vac
Commissioner McGrady
nominated Ben McKay for position #6. There were no other nominations.
Chairman Moyer made the motion to accept Ben McKay by acclamation. All voted in favor and the motion carried.
3.
Downtown Hendersonville
Inc. – 2 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
4.
Environmental Advisory
Committee – 1 vac.
Commissioner McGrady
nominated David Lowles for the position of Chair. There were no other nominations. Chairman Moyer made the motion
to accept David Lowles as Chair by acclamation.
All voted in favor and the motion carried.
Commissioner McGrady
nominated Mary Jane Pell for position #1. There were no other nominations.
Chairman Moyer made the motion to accept Mary Jane Pell by
acclamation. All voted in favor and the
motion carried.
5.
Joe Cox was appointed at
the last meeting for position #8 however he is also on the Hendersonville City
Zoning Board of Adjustment. This is not
a legal issue per Russ but he may not be a favorable option.
Commissioner Baldwin made the motion to remove Joe Cox from this
Board. All voted in favor and the motion
carried.
There were no
nominations at this time so this item was rolled to the next meeting.
6.
There were no
nominations at this time so this item was rolled to the next meeting.
7.
Historic Preservation
Commission – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
8.
Juvenile Crime
Prevention Council – 3 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
9.
Nursing/Adult Care Home
Community Advisory Committee – 1 vac.
The Chair of the
committee recommends Marlana Lee for position #11.
Commissioner Baldwin nominated
Marlana Lee for position #11. Chairman Moyer made the motion to accept
Marlana Lee by acclamation. All voted in
favor and the motion carried.
10.
Transportation Advisory
Committee – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
DISCUSSION ITEMS
North Carolina Governor’s Highway Safety Program Grant
Application
Included in the agenda
packet for the Board’s review was a memorandum from Captain Rick Davis outlining
a proposal to use funds from the North Carolina Governor’s Highway Safety
Program to fund new patrol positions in the Sheriff’s Department dedicated for
traffic enforcement activities. The resolution indicated that grant funds will
total $81,852 and that the local required match totals $13,467. The Sheriff’s Department proposes using
revenues secured through drug enforcement activities to meet this required
match. No General Fund dollars are being requested or recommended.
Captain Davis was
present to answer questions concerning the request. Mr. Davis explained that on 22 June 2006 the
Henderson County Sheriff’s Office received approval of a grant application with
the North Carolina Governor’s Highway Safety Program. This grant was originally slated to bring one
traffic officer to the Town of Mills River.
Since the approval date; however, the Town of Mills River has moved away
from this concept. The Henderson County
Sheriff’s Office would like to use the available grant funds to put online one
officer dedicated to traffic enforcement in
The objectives of this
position are as follows:
This grant will provide
the salary, benefits, vehicle and needed equipment to carry out the duties of
this traffic position.
Pending the Board of
Commissioner’s approval, the Sheriff’s Office and the Governor’s Highway
Program will enter into a contractual agreement.
Captain Rick Davis
completed his presentation by giving the following statistics for
Commissioner McGrady made the motion to approve the
resolution approving the filing of the grant application. All voted in favor and the motion carried.
Mental Health System Update and Service Proposals
Mr. Arthur Carder, CEO
for Western Highlands Local Management Entity (LME) was present to provide the
Board an update on the regional mental health system. Mr. Carder also provided proposals with
recommendations for use of the County’s mental health maintenance of effort
(MOE) funds.
Mr. Carder informed the
Board that things were looking better as of this meeting than they were a week
and a half prior. On the handout provided
to the Board Mr. Carder noted the following:
One item still missing
in
Chairman Moyer
questioned if the prescription program had been resolved in
Mr. Carder responded
that the PFC is planning to provide the free medication program in
County Manager
Chairman Moyer stated
that he thought setting a deadline was a good idea also. He questioned Mr. Carder in reference to the five
(5) doctors out of twenty-two (22) coming on board. Chairman Moyer asked what would happen to the
system if they only ended up with the five doctors.
Mr. Carder explained
that there were only five of twenty-two doctors that had signed contracts with
LME. However some of the other doctors
had signed contracts with other providers.
The Board will be able to see this on their contracts as doctor
cost.
Chairman Moyer was
concerned about the small agencies that would not be able to contract in this
manner. They would possibly need help in
some isolated basis. He questioned what
they would be able to do.
Mr. Carder answered that
most people have been able to get help either through primary care or through
the doctor communications. It is
possible that the LME may be moving the entire system to an integrated
model. The reports coming in are that
the doctors are not leaving town. Only
one doctor has indicated that he might leave the area. The doctors are staying here, looking for
jobs, and securing the best deal they can.
A number of providers have contacted the LME and asked about LME
managing the on-call system for them.
Chairman Moyer referred
to the Rescue Mission. They would have
special situations and they need help.
Where they used to get individual psychiatric help through Mountain
Laurel what would happen to them now?
Mr. Carder stated that
they would have to contact one of the providers or LME (if a psychiatrist
contracted) who has a psychiatrist available to get that support. This problem continues to be unresolved.
County Manger
Mr. Carder confirmed that
Mr. Wyatt was correct and that two providers are already in the process of
providing emergency triage.
Mr. Carder then
discussed the MOE Proposals. LME has
requested providers to look at the proposal as potential seed money for
projects such as expansion. All of the
proposals received have good merits. The
total received was about $1,349,000 in requests plus an additional proposal of
$400,000 to $500,000. Because the
requests are more than the funds available, the Board must look at the best
solution for everyone. LME staff looked
at all of the proposals in depth and focused on a variety of supports available
in
Chairman Moyer requested
additional information as to what the providers would be offering as far as
services are concerned.
Mr. Carder provided the
following information:
Horizon Recovery –proposes to substantially increase their
services to the adult consumers in
Families Together – proposes an increase in child and adult
services. LME supports the staff
expansion for adult services. Families
Together will provide Doctor services.
They have a good track record with billing and quality child services.
Community Health Network – proposes to utilize an Integrated Care
model to provide services and supports for an estimated 500 consumers in
Blue Ridge Community Health Services – proposes providing
traditional outpatient counseling services.
Appalachian Counseling – has withdrawn their proposal.
Mainstay – proposes domestic violence services for
consumers with co-occurring mental health and/or substance abuse. Their proposal arrived late and is not
focused on the immediate NVML Crisis, but is a needed service.
Mr. Carder explained
that over the next year the County and LME need to look at the ability to get
real financial records from providers and be able to say that people cannot be
endorsed to be a Medicaid provider if they do not accept the state consumers as
well, at some level.
Chairman Moyer expressed
that in his opinion we have a failed system in place in which we continue to
battle. If there is no change in the
failed system there is no guarantee that we won’t be right back in this
situation in six to nine months. We have
not been able to get significant and important changes to the system that will
enable us to solve these inherent problems.
We must get to that point.
Commissioner Young feels
that there needs to be in place oversight committee or auditors or somebody to
keep this from happening.
County Manager
Chairman Moyer stated
that in viewing the proposals Mr. Carder has presented they are all expansions
with the exception of the
Mr. Carder expressed
that the
Chairman Moyer explained
that there have been several meetings with the people involved and Mountain
Laurel has taken the position that they need $700,000 out of their building to
be able to pay past employee salaries, severances, etc. when they shut
down. They want to work with the
community to try to make sure that the Clubhouse stays but they say “That’s just
the facts of life”. What they then tried
to do is find a buyer for the building who would enter into a three year lease
at about $6,000 per month so that the Clubhouse could stay. This would allow the buyer to cover their
cost. This would be an additional rent
expense on the Clubhouse that they would need to keep it going. There has been talk of an involuntary
bankruptcy. If it goes that route
complete control will be lost of the assets.
During a meeting yesterday the Community Foundation stepped up to try to
get community groups together to see if they could build support for the 6th
Ave. Clubhouse. They are going to use
their resources, their 501C3 and other things to try to raise money through the
community to help buy the building if at all possible. Our Legislatures were there; Charles Taylor’s
office and Elizabeth Dole’s office. The
requests were made for everybody to try to come forward and see if we could put
together or pool funds. If it came up to
the county, we could buy that building with X amount of money with community
and other support. Then obviously there
could be some kind of lease or help with the Clubhouse that would help pay for
that building. With only two weeks until
October 31 Chairman Moyer didn’t think that there was much of an option at this
point with the exception of the lease route.
This would be very expensive and three to four years down the road we
have nothing and the county is not going to have to get involved and work with
these community groups and step up and try to help get this building under our
control. Of all options on the table the
preferred option would be if the community would rally and group and come up
with a significant down payment that we could buy it and finance the rest at a
local bank it would save a lot of cost and time. He realizes that people are working hard on
bringing that about. It is not a
complete solution but it will at least get us by the building issue and some
operating funds could keep it going.
Discussion followed in
regards to appraisal of New Vista’s building and the amount of services still
being offered by New Vista.
Commissioner McGrady
commented that based on the conversation between the Commissioners and Manager
he questions where everything stands. It
doesn’t sound as if the Commissioners can do anything today with respect to the
property issue with
Chairman Moyer stated
that additional discussion was necessary because he wasn’t in agreement with
the expenditure of MOE funds at this time. Chairman Moyer recommended that the
Board authorize him (the Chairman) to try to negotiate to buy, with the County
being involved, the
He advised that the
maintenance of efforts funds could be used for this purpose.
Commissioner
Chairman Moyer, with the
Board approval, would like the staff to research the information given at this
board meeting and offer their input. He
also agrees with other board members that a special meeting should be held
including the providers so that they may make their case before the board.
The Board of
Commissioners, through discussion, agreed that a special meeting should be held
the following week.
Chairman Moyer thanked
Arthur Carder for his time and effort in such a difficult situation.
Commissioner Baldwin spoke to his motion again to authorize
the Chairman to fully gather the coalition to negotiate price and purchase Clubhouse
property. All voted in favor and the
motion carried.
Public Schools Quarterly Maintenance Report
Chairman Moyer reminded
the Board that when the budget was done there was a great deal of concern
raised by the school system and others about maintenance in some of the
buildings. There has been vast
discussion in regards to this issue. The
Board of Commissioners requested that the Public School System provide a
quarterly report on their capital expenditures for the 2007 fiscal year. The
Henderson County Board
of Education Chairman Ervin Bazzle stated to the Board that he felt they were
making real progress. Much work had been
completed since their last discussion with the Board of Commissioners in June
and July that is reflected in the report provided to the Board of Commissioners. A lot of it is almost at the stage that it is
finished and not highlighted and they have not finished paying out on it or it’s
right at the final stages. One thing
that needed to be noted is the money that was earmarked for Sugarloaf has not
been spent. This money will probably be rolled into next year and as he
understands the budget, the money must be reallocated. Otherwise they are in good shape. The major projects that they worried about
were Etowah sewer and the bleachers at
BREAK
A five minute break was
taken in order to change tapes.
PUBLIC HEARING – Rezoning Application #R-2006-03
(R-30 to I-2) William W. Gregg, Applicant
Commissioner McGrady made the motion for the Board to go
into public hearing. All voted in favor
and the motion carried.
Matt Card explained that
Rezoning Application #R-2006-03, which was submitted on July 14, 2006, requests
that the County rezone approximately 15.25 acres of land, located off
The Henderson County
Planning Board considered rezoning application #R-2006-03 at its regularly
scheduled meeting on August 15, 2006.
During that meeting, the Board voted 7 to 2 to send the Board of
Commissioners a favorable recommendation for rezoning application #R-2006-03 to
rezone the Subject Area from existing R-30 zoning district to an I-2 zoning
district.
Before taking action on the application, the Board of Commissioners must hold a public hearing. In accordance with Section 200-76 of the Henderson County Zoning Ordinance and State Law, notices of the October 18, 2006, public hearing regarding rezoning application #R-2006-03 were published in the Hendersonville Times-News on September 27, 2006 and October 4, 2006. The Planning Department sent notices of the hearing via first class mail to the owners of properties adjacent to the Subject Area and the applicants on October 4, 2006. Planning Staff posted signs advertising the hearing on the Subject Area on October 4, 2006.
Nine citizens signed up to speak including; Earl Newman, Charles R. Mason, Joyce M. Mason, Perry Sanderson, Carolyn Maso, William Erickson, Bill Fitch, Karen Brostowicz, and Lance Siebel.
After lengthy discussion between the applicant’s agent, Jesse D. Johnson and the Board of Commissioners, Mr. Johnson made the request to withdrawn his application.
Chairman
Moyer made the motion to accept the withdrawal of application. All voted in favor and the motion carried.
Commissioner
McGrady made the motion to go out of public hearing. All voted in favor and the motion carried
PUBLIC HEARING – Draft Financing Documents to
finance the construction of sanitary sewer lines and to refinance an
outstanding federal home administration rural development loan
Commissioner McGrady made the motion for the Board to go
into public hearing. All voted in favor
and the motion carried.
Carey McLelland
explained that the purpose of this meeting was to hold a public hearing to take
public comment on the proposed financing documents to finance the construction
of new sanitary sewer lines and to refinance an outstanding Federal Home
Administration Rural Development Loan.
The public hearing was
opened so that anyone who wished to be heard on the proposed project and the
installment financing documents could be heard.
The Finance Director presented an affidavit of an officer of the Times
News showing publication on October 6, 2006 of a Notice of Public Hearing to be
attached to this extract as Exhibit A.
The Finance Director
presented drafts of an Installment Financing Contract and related documents to
finance the estimated cost of approximately $3,178,000 to construct new
sanitary sewer lines and to refinance an outstanding Federal Home
Administration Rural Development Loan.
Copies of the financing documents have been on the County’s website and
on file in the office of the Finance Director.
Included with the agenda
to the Board was a draft lease agreement between the County and the Cane Creek
Water and Sewer District. Discussion
with the Local Government Commission (LDG) determined that the County would
need to own these lines and turn around and lease them to the district to be
able to do 160A-20 installment contract financing. The district will make lease payments back to
the County to cover the annual debt service and at the end of the term of the
loan the lines would be conveyed back to the district.
LGC has the application
in hand and will be taking it up at their November 6, 2006 meeting.
Commissioner McGrady made the motion to go out of public
hearing. All voted in favor and the
motion carried.
Fire Marshal Rocky Hyder
addressed the Board. The Board of
Commissioners provided $250,000 for enhancements to Emergency Medical Services
in the fiscal year 06-07 budget. Staff
has prepared a proposal to co-locate an EMS station with Edneyville Fire &
Rescue, reducing response time in eastern
To identify the
geographical area(s) with response times greater than 9 minutes staff plotted 3
months of
The Edneyville Fire
& Rescue department and the Edneyville community in general embraced the
possibility of locating an EMS station in eastern
The overall benefit to
Due to the generosity of
the Edneyville fire department and community the resource requirements to
establish another
The station will be open
January 1, 2007. Initially we will use
the spare ambulance with a peak crew which will man the station 12 hours per
day / 7 days per week. As the additional
personnel are recruited and trained, the station will evolve into a 24 hour / 7
day operation by June 07.
Chairman Moyer noted
that the previous Saturday Edneyville fire department had an open house to show
off the facility. The firemen themselves
have done a lot of work and the community has raised $25,000 plus toward paying
for the facility. He had met with Jim
Bunch, the CEO of Parkridge Hospital, who has been a partner in the last two
EMS stations and they have stepped up to the plate once again and are making a
minimum of $25,000 contribution toward the ambulance, etc.
Bill Stepp stated that
this had been a long time coming for the Edneyville community. He appreciates the work Rocky Hyder and Terry
Layne have done. When the community
first proposed this last year they received a good response.
Terry Layne thanked the
Board of Commissioners, Edneyville fire department and
Discussion followed in
regards to purchasing an ambulance vs. leasing an ambulance.
Commissioner Baldwin made the motion to accept the proposal
as presented. All
voted in favor and the motion carried.
Information on Illegal Immigration
Commissioner Baldwin
stated that he had a discussion with the County Manager
Commissioner Baldwin
reminded the Board of the two resolutions before them. The second resolution added the
following:
Whereas, the Henderson
County Board of Commissioners calls upon all immigrants in Henderson County to
secure and maintain legal status, regardless of ethnicity;
Chairman Moyer expressed
that his concern was that there were hundreds of groups that had made
substantial contributions to this area.
The Board’s policy has always been that there are no worthy
anniversaries, dates, or events that they want to recognize. He doesn’t agree with the idea of beginning
to recognize specific groups for their characteristics.
Discussion followed in
regards to the resolutions and illegal immigration.
Commissioner Baldwin made the motion to adopt the resolution
with the sentence added; Whereas, the Henderson County Board of Commissioners
calls upon all immigrants in Henderson County to secure and maintain legal
status, regardless of ethnicity. A vote
was taken and failed 1-4 with Chairman Moyer, Commissioner Messer, Commissioner
Young, and Commissioner McGrady voting nay.
Commissioner Baldwin made the motion to adopt the resolution
with the additional “Whereas” and striking the first 6 “Whereas”. A vote was taken and passed 4-1 with Chairman
Moyer voting nay.
Commissioner Baldwin made the motion for the Board to authorize
him to work with staff to explore possible solutions or things that could be
done to help in dealing with the language passed with the resolution having
immigrants secure or maintain legal status; regardless of ethnicity. All voted in favor and the motion carried.
Tipping Fee Waiver Policy
Commissioner McGrady made the motion to adopt the
UPDATE ON PENDING ISSUES
Land Development Code
Historic Courthouse Project
John from Construction Control
reported the following:
STAFF REPORTS
There was nothing
further at this time.
IMPORTANT DATES
Set Meeting for Joint Facilities Committee
Chairman Moyer stated
that the school board had asked for a meeting of the Joint Facilities Committee
and he had commented that because of the importance of the projects and because
there are some fundamental issues at stake he felt that the whole board should
meet with the school board and talk about the issues involved.
Chairman Moyer will make
contact with the school board and attempt to schedule a special called meeting
for Wednesday, November 8, 2006.
Set Mental Health meeting for MOE Funds
Chairman Moyer made the motion to hold a special meeting of
the board on Mental Health – Maintenance of Effort – and other issues related
to mental health for Thursday, October 26, 2006 at 7:00 PM. All voted in favor and the motion carried.
Set Public Hearing on CDBG
The purpose of the
Hearing is to give citizens the opportunity to express their views and
proposals prior to the submission of the application.
Chairman Moyer made the motion to set the second public
hearing for CDBG for Monday, November 6, 2006 at 7:00 p.m. All voted in favor and the motion carried.
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)(4) To discuss
matters relating to the location or expansion of industries or other businesses
in the area served by the public body.
Attest: