MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at
Those present were: Chairman Bill Moyer, Vice-Chairman
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 Williams
led the Pledge of Allegiance to the American Flag.
INVOCATION
County Manager
INFORMAL PUBLIC COMMENTS
Chairman Moyer asked
each person who had signed up for informal public comments to please limit
their time to about 3 minutes.
1. Fred
R. Dorsey – Mr. Dorsey lives in Edneyville.
He stated that he has nothing against baseball in
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer noted
that a closed session was no longer necessary.
Commissioner McGrady made the motion to approve the agenda
as revised above. All voted in favor and
the motion carried.
CONSENT AGENDA
Commissioner McGrady made the motion to approve the consent
agenda as presented. All voted in favor
and the motion carried.
Minutes
Draft minutes were
presented for the Board’s review and approval for the following meetings:
November 6, 2006
November 8, 2006
December 28, 2006
January 5, 2007
Tax Refunds
A list of 3 tax refund
requests was presented for the Board’s review and consent approval.
Tax Releases
A list of 28 release
requests was presented for the Board’s review and consent approval.
2006 Strategic Plan and Capital Projects Update
This January report was
presented for the Board’s review and consent approval.
Petition for addition to
The petition for
addition of State Roads Falcon Wood Way and
If the Board is so
inclined, the following motion was suggested:
I move that the Board approve the petitions and forward them
to the NCDOT for action.
Request for Public Hearing on New Road Names
A public hearing was
requested to be set for new roads
If the Board is so
inclined, the following motion was suggested:
I move for the Board to set the public hearing for February
5, 2007 at 7pm.
Request for Public Hearing for abandonment of a portion of
A public hearing was
requested to be set for the abandonment of a portion of SR 1102.
If the Board is so
inclined, the following motion was suggested:
I move for the Board to set the public hearing for February
5, 2007 at 7pm.
Modification of Setoff Debt Collection Act
In December of 2002 this
Board amended
Certain amendments are
now needed to allow continued participation in this program, and to make the
County’s participation less cumbersome for staff. These changes are also intended to allow
future participation in this program to occur automatically, without the need
for regular action by this Board (although it would be subject to review by
this Board at any time).
If the Board is so
inclined, the following motion was suggested:
I move that the Board adopt the draft resolution amending
this Board’s December, 2002, resolution regarding the Setoff Debt Collection
Act program in
Approval to create Interim Engineer Position
The
If the Board is so
inclined, the following motion was suggested:
I move that the Board authorize the
Approval to Transfer Maintenance Positions from
Per the Budget
Ordinance, “The Manager may transfer amounts up to $50,000 between departments
within the same fund with an official report on such transfers provided to the
Board of Commissioners.” Currently,
there are two maintenance positions within the
This will save the County
money in the long term because these positions previously were classified as
sworn officers and, as such, these officers received additional retirement
benefits matched by the County, as well mandated law enforcement training
expenses. By transferring theses
positions and removing the “sworn officer” designation, the County will no
longer be required to match these benefits or provide this training.
This action will require
a budget amendment to remove the two “sworn officer” maintenance positions from
the
This agenda item will
serve as the “official report” required within the Budget Ordinance.
If the Board is so
inclined, the following motion was suggested:
I move that the Board approve this action and authorize
staff to execute the necessary budget amendment.
Quarterly Schools Maintenance Report
This January report was
presented for the Board’s review and consent approval.
Surplus Property
A list of vehicles,
furniture and equipment, no longer used by the County, was presented as a
resolution for the Board’s review and consent approval declaring them as
surplus property. The resolution also
authorized staff to advertise for sale and dispose of the surplus property by
electronic public action 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 resolution declaring the
property presented as surplus and authorize staff to sell the surplus property
via electronic public auction using GovDeals auction services.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear for nominations on the next
agenda:
1.
Agriculture
Advisory Board – 3 vac.
2.
Animal
Services Committee – 3 vac.
3.
Environmental
Advisory Committee – 1 vac.
4.
Equalization
and Review,
5.
Fire
and Rescue Advisory Committee -1 vac.
6.
7.
Juvenile
Crime Prevention Council – 1 vac.
8.
Mud
Creek District Ad. Council/Water and Sewer Ad. Council – 3 vac.
9.
Nursing/Adult
Care Home Community Advisory Committee – 9 vac.
10.
Recreation
Advisory Board – 3 vac.
11.
Commissioner
McGrady made notice of an additional vacancy on Blue Ridge Community College
Board of Trustees – 1 vac. (Richard Todd)
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations.
1.
Blue Ribbon Committee on
Illegal Immigration – 11 vac.
Commissioner Young
nominated Glenn Scruggs, Sandra Crisp, and Benny Corn. No application is on
file for Glenn Scruggs or Sandra Crisp.
Chairman Moyer nominated Larry Ford.
There were no other nominations.
No vote was taken and therefore 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.
Community Child
Protection Team – 1 vac.
Commissioner McGrady
nominated Alice Arrowood for position #2.
There were no other nominations. Chairman Moyer made the motion to accept Ms.
Arrowood by acclamation. All voted in
favor and the motion carried.
4.
There was a
recommendation by Sheriff Davis for the EMD-Dispatch position #11 of Lisha
Corn. Commissioner McGrady nominated
Lisha Corn for position #11. There were
no other nominations. Chairman Moyer made the motion to accept Ms.
Corn by acclamation. All voted in favor
and the motion carried.
5.
Commissioner McGrady
nominated Mitchell Gaither. Commissioner
Williams explained that Mitchell Gaither is one of the owners of the company he
is employed with; however, he does not work directly for Mr. Gaither. Chairman Moyer noted that the disclosure was
made and he felt there was no reason to exclude Commissioner Williams from
voting unless the Board felt otherwise.
The Board was in agreement with the Chairman. Chairman
Moyer made the motion to accept Mitchell Gaither by acclamation. All voted in favor and the motion carried.
6.
There were no
nominations at this time so this item was rolled to the next meeting.
7.
There were no
nominations at this time so this item was rolled to the next meeting.
8.
Hospital Corporation
Board of Adjustment – 1 vac.
Commissioner Young nominated
Jeff Egolf. Chairman Moyer nominated Bob
Eklund. There were no other nominations
at this time and this item was rolled to the next meeting.
9.
Juvenile Crime
Prevention Council – 4 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
10.
Planning for Older
Adults Block Grant Advisory Committee – 3 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
11.
Senior Volunteer
Services Advisory Council – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
DISCUSSION ITEMS
Chairman Moyer noted
that there was extensive discussion during the last board meeting with
representatives of the Community College Board with respect to the county
monies that were spent on the athletic programs, supplements to the president’s
salary, and other issues concerning board involvement. Since the last meeting there have been
numerous discussions with various Blue Ridge Community College Board members
and most recently discussions between Joe Spearman, Chairman of the Blue Ridge
Community College Board of Trustees, and Chairman Moyer.
Joe Spearman, after discussions,
has authorized the Chairman to advise the Board of Commissioners as follows:
The Blue Ridge Community
College Board will have a meeting on January 24, 2007. At that meeting Chairman Spearman will
recommend to the BRCC Board that all county monies spent on BRCC Athletic
Programs be returned to the county, that the county and the community college
work out an agreed upon repayment
schedule that does not negatively impact the excellent educational programs nor
the students at Blue Ridge Community College.
At the same meeting Chairman Spearman will recommend to the BRCC Board that
it work with the county and provide the county with the level of detailed
budgeting data and information the county determines is necessary and
appropriate including but not limited to information concerning the president
and any and all other salary supplements paid and that the presidents salary
and compensation package be fully disclosed to the county. At the meeting the BRCC Board will discuss
the other issues that have arisen, communication between the two boards,
whether the BRCC Board has fulfilled its trustee obligation to the Board of
Commissioners and to the public, the necessity to immediately resolve the
ongoing controversy between the BRCC Board and the State Board of Community
College to remove the cloud that is hanging over our community college. The Board of Commissioners recognizes the
outstanding community college we are fortunate to have serving
No other action was
appropriate at this time.
2007 HOME applications
Chairman Moyer called
At the time of this
writing the Asheville Regional Housing Consortium is awaiting a firm commitment
from HUD for the entitlement amount for its members for 2007.
Staff recommends
approval of the submission of these HOME funding applications to the Asheville
Regional Housing Consortium at their full amount. Board approval is required to proceed with
the applications.
Commissioner McGrady made the motion to approve the Home
applications for the Housing
Assistance Cooperation and the
Charter for Adequate Public Facilities Ordinance Task Force
Staff recommends
approving the charter and that the Board begin consideration of appointing Task
Force members.
Commissioner McGrady made the motion that the Board approve
the Adequate Public Facilities Ordinance Task Force Charter with a modification
that the Board make the appointment of the Chairman of the APFO. All voted in favor and the motion
carried.
Mud Creek Sewer Service Area
While the Kenmure site
is within the service area it is not within the Mud Creek drainage basin. This circumstance was created by the use of
US Geological Monuments to create the service area boundary which provided a
legal description of the service area.
The current boundary includes most of the Mud Creek drainage basin and
in a few instances, such as Kenmure, it extends beyond the drainage basin.
Through the meeting with
the City it was determined that no modification of the agreement or service
area boundary is needed at this point.
If Kenmure agents desire to extend the sewer line to the new site, then
they may approach the City. The City
will then submit the line extension request to the County Planning Department
for consideration by the Board of Commissioners.
Chairman Moyer expressed
that the Mud Creek District Advisory Council/Water and Sewer Advisory Council
should reconvene to determine if there were issues.
CAUSE Unit Relocation
Sheriff Rick Davis
stated that the CAUSE Unit needed to stay intact.
Social Services Director
Liston Smith explained that CAUSE is a collaboration that was designed in
Discussion Followed.
Commissioner McGrady made the motion that the Board approve
this project and authorize the
Security – Historic Courthouse
Chairman Moyer called
County Engineer
Chairman Moyer requested
a more detailed recommendation as to how security would be handled. It needs to be taken into consideration that
there will be heavy use of the conference room.
Chairman Moyer asked County Engineer
Possible sale of (former)
The most common method
for disposition of real estate by
A…(county) may receive,
solicit, or negotiate an offer to purchase property and advertise it for upset
bids. When an offer is made and the
…(Board of Commissioners) proposes to accept it, the …(Board) shall require the
offeror to deposit five percent (5%) of his bid with the…(county), and shall
publish a notice of the offer. The
notice shall contain a general description of the property, the amount and
terms of the offer, and a notice that within 10 days any person may raise the
bid by not less than ten percent (10%) of the first one thousand dollars
($1,000) and five percent (5%) of the remainder. When a bid is raised, the bidder shall
deposit with the…(county) five percent (5%) of the increased bid, and the
…(county)shall re-advertise the offer at the increased bid. This procedure shall be repeated until no
further qualifying upset bids are received, at which time the…(Board) may
accept the offer and sell the property to the highest bidder. The…(Board) may at any time reject any and
all offers. (The quoted statute is N.C.
General Statue §160A-269, which is made applicable to counties by N.C. General
Statute §153A-176.)
Breaking down the
procedure:
Discussion Followed.
Chairman Moyer made the motion that the Board authorize
staff to initiate the process to solicit bids on the former Land Development
Building, subject to the advertisement and upset bid process set out by law,
and also subject to the rejection of all bids by this Board at any time and
that all people be treated fairly and impartially in the negotiation
process. He further moved that the
initial bid sought by staff should be at least in the amount of the appraised
value of the real estate. All voted in
favor and the motion carried.
Update of Pending Issues
Mental Health update
County Manager
Legislative Goals Update
Commissioner Messer
stated that the conference was very intense.
The commissioners were trying to set 3 primary goals. They were able to meet this objective with
the goals as follows:
Commissioner Messer
advised the people that if they spoke with their legislators to ask them about
the 3 primary goals and other goals put forth such as the Land for Tomorrow
Goal.
Commissioner McGrady
thanked Commissioner Messer for supporting the Land for Tomorrow Goal. He feels that the western commissioners are
more in attendance and more active at all levels which is good for
IMPORTANT DATES
Chairman
Moyer reminded the Board of the Employees Service Awards luncheon on January 24
for those who could attend.
Commissioner Williams
reminded everyone of the retirement party for Noland Ramsey on January 29
between 4 and 6 pm at the
CANE CREEK WATER & SEWER DISTRICT – no
business
Commissioner McGrady made the motion to adjourn. All voted in favor and the motion carried.
CLOSED SESSION – none
Attest:
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