MINUTES
STATE OF BOARD O OF COCOMMISSIONERS
FEBRUARY 5, 2007
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 5:30 p.m. in
the Commissioners' Conference Room of the
Those present were: Chairman Bill Moyer, Vice-Chairman
Also present were:
Public Information Officer Chris S. Coulson, Finance Director J. Carey
McLelland, Deputy Clerk to the Board
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Three members of the Eagle
Scouts Troop #605 led the Pledge of Allegiance to the American Flag.
Chairman Moyer recognized Wilson
J. Moss, Jonathan Robinson, and Patrick Singletary along with heir leader Don
Henderson. He Chairman Moyer stated that on
January 13, 2007, there was an Eagle Cord of Honor held for Troop #605 to
recognize Wilson J.
Moss, Jonathan Robinson, and Patrick Singletary who obtained the rank of Eagle
Scout. Chairman Moyer was honored to attend and represent
the Board of Commissioners. To become an Eagle Scout you have to complete
a major project which involves civic good and a lot of work. These three young men took on the project of doing
all of the landscaping at the new Animal Shelter. They did a tremendous job and saved the
County a substantial amount of money.
He congratulated the young men and presented them with a plaque from the
Board of Commissioners. Chairman Moyer called the Troop #605 leader, Don
Henderson to the podium. He thanked Mr. Henderson for all of the hard work and effort he puts into scouting.
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.
Buford Adcock – Mr. Adcock lives at
2.
Linda Soble – Ms. Soble lives at
3.
Bruce Hatrfield – Mr. Hatfield lives at
4.
Dick Baird – Mr. Baird resides at 511 Hidden Lake in
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested the addition of I-2, Racetrack @ Airport Site and I-3, Extension Request for Improvement Guarantee for
Timberwolf Subdivision
(previously Item G of the Consent Agenda) into Discussion Items. Chairman Moyer also requested the
deletion of Closed Session (a)(1).
Commissioner
McGrady made the motion to approve the agenda as amended above. All voted in favor and the motion
carried.
Assistant County Manager Selena
Coffey introduced new employee Markus Jones, who joined Henderson County as the
Director of Engineering and Facility Services.
Mr. Jones was previously employed by the Department of Transportation
and Moore County. His office is located
at 213 1st Avenue East in the Planning Department. Next Ms. Coffey introduced Patrick Lance as
the new Recreation Director for Henderson County. Mr. Lance was previously employed by the City
of Asheville in Buncombe County.
Chairman Moyer explained that the
County Manager Steve Wyatt was absent due to a neck injury and that
Commissioner McGrady had the flu and was unable to attend.
Chairman Moyer stated that the
public hearing scheduled to consider economic development incentives had been
canceled. He called Scott Hamilton and
Sherwood Packaging Manager David Norwood to the podium.
Scott Hamilton introduced David
Norwood and informed the Board that Sherwood Packaging was located in Flat Rock
across from General Electric. He
explained that the public hearing was previously scheduled for this meeting in
order to discuss consideration of incentives for Sherwood Packaging. Mr. Hamilton introduced David Norwood.
David Norwood explained that
Sherwood Packaging was a business of International Paper. The packaging facility on Tabor Road has been
in operation for the last 45 years. They
employee 170 people and have an annual payroll of $8 million plus dollars. The plant will have sales of approximately
$44 million dollars in the year 2007 to customers such as Proctor and Gamble,
Johnson and Johnson, Sony Music, and Universal Pictures. The East Flat Rock location has been approved
for a $4.2 million dollar capital project.
This project includes a complete facility makeover and a new state of
the art Akola Press that will allow the East Flat Rock location to grow by over
$20 million dollars over the next three years.
It will add approximately 50-60 positions over the next three years which
is an additional $1.5 million dollars in payroll. The Plant has decided to move ahead without
the incentive.
Chairman Moyer congratulated the
company in regards to moving ahead without the incentive.
Chairman Moyer requested that
Consent Agenda Item K, Personnel Action Request, be removed for further
consideration and that Discussion Item D, Construction Management Services
Henderson County Schools be removed for further review and consideration. Chairman Moyer also requested an addition of
Discussion Item H, Update on the Legislative Conference in Washington.
Commissioner Messer 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 adopt the consent agenda as amended above. All voted in favor and the motion carried.
Commissioner Williams made the motion to approve
the consent agenda as amended above. All
voted in favor and the motion carried.
Minutes
Draft minutes were
presented for the Board’s review and approval for the following meetings:
October 18, 2006
October
19, 2006
January
31, 2007
February
8, 2007 #1
February
8, 2007 #2September
20, 2006
December
18, 2006
January
10, 2007
Tax Collector’s Report
Terry F. Lyda, Henderson County
Tax Collector, had provided the Tax Collector’s Report dated March 12, 2007, for the
Board’s review and consent approval.
County Financial Report/Cash Balance Report – JanuaryDecember, 2007
These two reports were
presented for the Board’s review and consent approval.
Non-Departmental costs include insurance premiums
paid to date for Property and Liability insurance coverage and Worker’s Compensation costs. These costs are being allocated out to all
departments on a pro rata basis prior to fiscal year end.
The current YTD deficit in the Emergency 911
Communications Fund is due to the purchase of new technology and equipment
during the first quarter that was budgeted in the current fiscal year and paid for
from unreserved fund balance appropriated.
The YTD deficit in the CDBG-Scattered Site Housing
Project, the Mills River Watershed Protection Project and the Lewis Creek
Restoration Project is temporary due to timing differences in the expenditure
of funds and the subsequent requisition of Federal and State grant funds to
reimburse project expenditures.
Reimbursement requests are normally done on a quarterly basis.
The YTD deficit in the Mills River Elementary School
Project includes architectural fees that have been paid on the project to date that will be
reimbursed from the issuance of debt in the future.
The YTD deficit in the Solid Waster Landfill Fund
is due to construction expenditures incurred on the new transfer station
project. The total cost of this project
is being paid from $1.8 million of unreserved fund balance appropriated in the Landfill Fund budget.
Non-Departmental costs include insurance
premiums paid to date for Property and Liability insurance coverage and
Worker’s Compensation costs. These costs
are being allocated out to all departments on a pro rata basis during the
fiscal year.
The current YTD deficit in the
Emergency 911 Communications Fund is due to the purchase of new technology and
equipment during the first quarter that was budgeted in the current fiscal year
and paid for from unreserved fund balance appropriated in this fund.
The YTD deficit in the
CDBG-Scattered Site Housing Project and the Mills River Watershed Protection
Project is temporary due to timing differences in the expenditures of funds and
the subsequent requisition of Federal and State grant funds to reimburse
project expenditures. Reimbursement
requests are normally done on a quarterly basis.
The YTD deficit in the Mills
River Elementary School Project included architectural fees that have been paid
on the project to date that will be reimbursed from the issuance of debt in the
future.
The YTD deficit in the Solid
Waste Landfill Fund is due to construction expenditures incurred on the new
transfer station project. The total cost
of this project is being paid from $1.8 million of unreserved fund balance
appropriated in this Fund.
Henderson County Public Schools Financial Report –
January, 2007
This January report was presented
for the Board’s review and consent approval.
State ADM Fund Application
The current fiscal year budget
included a revenue source from the Public School Building Capital Fund (“ADM
Fund”) which the County has programmed to pay debt service on the financing for
the Clear Creek and Etowah Elementary School Projects that were completed in
2003. Staff requested that the Board
consider approving the ADM Fund application for $640,000 to pay this debt
service. The Board of Public Education
had previously approved the application to use these funds.
If If the Board is so
inclined, the following motion was suggested:
I move that the Board of Commissioners approve the
attached ADM Fund Application as presented.I move that the Board of Commissioners approve the
December 2006
Register of Deeds – Request to use ROD Restricted Funds
for Automation, Enhancement and Document PreservationHenderson County Public Schools
Financial Report – December 2006
The General Assembly enacted
legislation that required counties to place 10 percent of certain revenues generated
by the Register of Deeds Office into a fund to pay for automation enhancements
and document preservation beginning in January 2002. This fund which is a portion of the County’s
Restricted General Fund Balance has in excess of $400,000 currently. Only the Board of Commissioners may authorize
the use and release of these restricted funds.
Register of Deeds Nedra Moles
requested the Board’s consideration to use the Register of Deeds Restricted
General Fund Balance for contracted service costs and the purchase of two new
computers and memory upgrades for existing computers. The budget amendment appropriates $19,188
from the restricted general fund balance for this purpose.
This report was presented for the Board’s review and consent approval.
If the Board is so
inclined, the following motion was suggested:
I move that the Board of Commissioners approve the
request by the Register of Deeds and the associated budget amendment to use
Restricted General Fund Balance for the purposes indicated.
I move that
the Board of Commissioners approve the December 2006 Henderson County Public
Schools Financial Report as presented.
Property Lease
The proposed lease is identical to previous years,
except that the annual rent is increased to $1,950.00 from $1,834.00. Mr. Carland owns the only legal right of
access to this property except via the river.Western Highlands Area Authority – Quarterly Fiscal
Monitoring Report (FM) for the period ended December 31, 2006
G.S. 122C-117(c) requires the
staff of the local area mental health authority to provide the county finance
officer with the quarterly Fiscal Monitoring Report (FMR) within 30 days of the
end of the quarter. The county finance
officer is then required to provide the FMR to the Board of Commissioners at
the next regularly scheduled meeting of the board. The report was received by the finance
officer on
February 22, 2007 and provided for the Board’s review and consent.
Joint Cooperation Agreement with the Asheville
Regional Housing Consortium
Henderson County has been a
participating member of the Asheville Regional Housing Consortium since its
inception. This allows the County to
receive annual planning level allocations for rehabilitation and construction
of affordable housing with our County.
In order to continue our designation and involvement as a participating
jurisdiction and receive annual funding allocation, the Asheville Regional
Housing Consortium must execute a new Joint Cooperation Agreement and submit
the documentation to HUD by June 30, 2007.
A resolution was attached authorizing the Chairman of the Henderson
County Board of Commissioners to enter into this Joint Agreement with the
Asheville Regional Housing Consortium and will be an attachment to these
minutes.
If the Board is so inclined, the
following motion was suggested:
I move that the Board adopt the Resolution and
authorize the Chairman to enter into the Joint Cooperation Agreement with the
Asheville Regional Housing Consortium.
WCCA Community Services Block Grant Application
The Western Carolina Community
Action (WCCA) provided a FY 2007-2008 Application for Funding for the Community
Services Block Grant Program. WCCA was
requesting that the Board endorse the funding application and authorize the
Chairman to sign all associated forms.
This is a continuing grant that
supports WCCA’s outreach to low-income residents as well as self-sufficiency,
homeownership, and senior adult programs.
This grant application represents year 1 of another 3-year cycle. No County funds are required to fund these
programs.
If the Board is so
inclined, the following motion was suggested:
I move that the Board endorse this application and
authorize the Chairman to execute the required documents.I move that the Board approve the
lease for 2007 with Wayne Carland as shown in the draft which was attached to
the agenda.
Narcotics Enforcement Team Annual ReportExtension Request for the Blue
Moon on
This report was provided for the
Board’s review and consent approvalOn March 15, 2006 the Board of C.ommissioners approved an
application for an improvement guarantee for the Blue Moon on
The Planning Department received a letter from Mr.
Alan Rieger, agent for owner, requesting to extend the completion date to May
30, 2007 because the paving could not be completed during the winter
months. The applicant also requested
that the Board approve a partial release of the improvement guarantee. Mr. David Huntley, surveyor, submitted a
letter along with a contract from Tarheel Paving a& Asphalt Company
certifying that the remaining cost of the improvements for the project totaled
$161,804.00 (cost of paving and ditch work).
Staff visited the project site for Blue Moon on
Section 170-39 of the Subdivision Ordinance allows the
Board of Commissioners to grant extensions to completion dates 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 agrees to grant the requested extension
and approve the reduction, County staff had attached for the Board’s consideration a draft performance guarantee
agreement. The agreement reflected a new
completion date of May 30, 2007 and showed a reduction in the amount of the improvement
guarantee. The agreement will supersede
any previous performance agreements.
If the Board is so inclined, the following motion
was suggested:
I move
that the Board of Commissioners find and conclude that the extension, if granted,
would not cause the developer to exceed the two-year maximum time period for
completion of the required improvements.
I further move that the Board allow a partial release of the improvement
guarantee as shown in the attached cost estimates and that the applicant be
allowed to deposit this amount in the form of cash or certified funds with the
County.
Personnel Action RequestExtension Request for the River
Stone Improvement Guarantee
On October 2, 2006 the Board of Commissioners
approved an application for an improvement guarantee for the River Stone
subdivision. The improvement guarantee
was for Sections 3A and 4B of River Stone.
The improvement guarantee covered construction of the roads including paving and a valley gutter system for the above mentioned
sections in River Stone. As required by
the performance guarantee for the improvement guarantee, the developer posted with
On December 4, 2006 the Board of Commissioners approved an extension to the
completion date for the improvement guarantee to February 28, 2007. On January 4, 2007 the Planning Department received
a letter from Mr. Drew Norwood, owner, requesting to extend the completion date
again to July 31, 2007 because the paving could not be completed during the
winter months. The applicant also submitted a letter on
December 22, 2006 requesting a partial release of the improvement
guarantee. Mr. Don Hunley, engineer for
the project, submitted certified cost estimates with the letter which showed
that $9,625.00 worth of improvements remain for these sections. The agreement reflects that he deposit with
the County the $9,625.00, via cash or certified check, instead of amending the
current letter of credit.
Section 170-39 of the Subdivision Ordinance allows
the Board of Commissioners to grant extensions to completion dates 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 agrees to grant
the requested extension and approve the reduction, staff had attached for the Board’s consideration a draft
performance guarantee agreement. The
agreement reflected a new completion date of July 31, 2007, and reduced the
improvement guarantee to $9,625.00 and will supersede and previous performance
agreements.
If the Board is so inclined, the following motion was suggested:
I move
that the Board of Commissioners find and conclude that the extension, if granted,
would not cause the developer to exceed the two-year maximum time period for
completion of the required improvements.
I further move that the applicant be allowed a partial release of the
improvement guarantee as shown in the attached cost estimates and that the
applicant be allowed to deposit cash or certified funds with the County.
Extension
Request for Improvement Guarantee for the Timberwolf Subdivision (formally
known as
This item was moved to Discussion Item I-3
Designation
of plat review officers
N.C. Gen. Stat. §47-30-2 requires that all persons appointed
as plat review officers be so appointed by a resolution in the Register of
Deeds office. “Plat review officers” insure that all plats to be
recorded comply with the plat requirements set out in the General Statutes.
On September 17, 1997 the Board first adopted a
plat review officer resolution. The
resolution also sets out certain other procedures that all plat review officers
must follow. The Board has time to time
updated its appointments of plat review officers.
The Board needed to again consider updating the
list of those persons appointed as plat review officers. The Planning Director recommends that Matthew
Cable be added to the resolution. A
proposed resolution has been prepared and was attached to the agenda for the
Board’s consideration
in order to accomplish this update. The
proposed resolution restates all other persons currently appointed as plat
review officers.
If the Board is so inclined, the following motion
was suggested:
I move that
the Board adopt the proposed attached resolution appointing a new list of plat
review officers for
This item was pulled from the
agenda. No action was taken.
Amendment to Charter for the APFO Task ForceSale of tax foreclosed property
in Hunters Crossing Subdivision
At the February 21, 2007 meeting
the Board changed the charge of the Adequate Public Facilities Task Force to
first prepare a feasibility study concerning the creation and enforcement of an
Adequate Public Facilities Ordinance.
Once all Task Force members are appointed the group will begin work on
the feasibility study. The charter reflects the direction of the Board given at
the February 21, 2007 meeting as follows:
The Task Force’s purpose is to
study the feasibility of implementing an Adequate Public Facilities standard
into the Land Development Code for Henderson County. If it is determined that the County should
proceed with the development of Adequate Public Facilities standards, then the
Task Force shall work with Planning Staff to develop and recommend those
standards. The Task Force will terminate
upon completion of the project.
On 6 November 2006, the Board preliminarily
accepted a bid to purchase certain tax-foreclosed lots located in Hunters
Crossing subdivision for the sun of $500.00.
The upset bid procedure for this property is now
complete. No upset bids on this property
were received. The last and highest bid
for this property is the original bid, from Leon G. Bass.
Proposed is a final acceptance of the offer, and
authorization to close the transaction upon payment in full.
If the Board is so
inclined, the following motion was suggested:
I move that the Board approve the Adequate Public Facilities
Ordinance Task Force Charter as amended.I move that the Board give final acceptance to the
offer of Leon G. Bass, to purchase real property, upon payment in full of the
offer price of $500.00, and further, that the Chairman of the Board of Commissioners, County Manager
and county Attorney take such steps, including the execution by the Chairman of
quitclaim deed, as necessary to close such transaction.
Improvement Guarantee for Hillcrest Crossing
(Formerly Edneyville Inn Subdivision)LEPC Annual Report for 2006
Pursuant to
Article 2-7 of the Local Emergency Planning Committee By-Laws, the 2006
annual report was submitted along with the membership roster for 2007 for the Board’s review and consent
approval.
Edney Inn Development Company
LLC, owner and developer, submitted an application for an improvement guarantee
for Hillcrest Crossing, Hillcrest Crossing is a 31-lot major subdivision
located off of U.S. Hwy 64 (Chimney Rock Road).
The improvement guarantee is proposed to cover road construction which
includes paving, drainage, erosion control and water system improvements.
The developer intends on using a
Bank Escrow Account with the amount of at least $755,034.00 to cover the cost
of the improvements ($604,027.20) as well as the required twenty-five percent
(25%) contingency ($151,006.80). The
proposed completion date for the improvements is October 1, 2008.
A draft Performance Guarantee
Agreement was provided for the Board’s review and consent approval. If the Board approved of the draft
Performance Guarantee Agreement, then a Bank Escrow Agreement, in accordance
with the Performance Agreement, will be submitted to Henderson County with an
expansion date of no less than 60 days after the completion date and that
covers 125% of the cost of the improvements.
If the Board is so inclined, the
following motion was suggested:
I move that the Board of Commissioners find and
conclude that the request for an improvement guarantee complies with the
provisions of the Subdivision Ordinance and is approved.
Designation of plat review officersPetition for addition to
It has been the practice of the Board to accept
road petitions and forward them to NC Department of Transportation for their
review. It has also been the practice of
the Board not to ask NCDOT to change the priority for roads on the paving
priority list.
N.C. Gen. Stat. §47-30.2 required
that all persons appointed as plat review officers be so appointed by a resolution
recorded in the Register of Deeds office.
“Plat review officers” insure that all plats to be recorded comply with
the plat requirements set out in the General Statutes.
On September 17, 1997 this Board
first adopted a plat review officer resolution.
This resolution also sets out certain other procedures that all plat
review officers must follow. The Board
has from time to time updated its appointments of plat review officers.
The Board needs to again consider
updating the list of those persons appointed as plat review officers. The Planning Director recommends that Anthony
Starr and Kathleen Scanlan be added to the resolution, and that Anthony Prinz
be removed from the list. A proposed
resolution was provided for the Board’s consideration in order to accomplish
this update. This proposed resolution
restates all other persons currently appointed as plat review officers.
If the Board is so
inclined, the following motion was suggested:
I move that the Board adopt the proposed resolution
appointing a new list of plat review officers for Henderson County.I move that the Board approve the
petitions and forward them to NCDOT for action.
Text Amendment to the Flood Damage Prevention
OrdinanceApproval
of Agreements for Federal Transit Reimbursement Funds
This text amendment was suggested
to clarify the appeal procedure under the Flood Damage Prevention Ordinance to
make it internally consistent. Right now
as it is written, the appeals go to the Flood Damage Prevention Ordinance
Appeal Board who makes an order but in the following section it requires people
to obey the appeal order from the Board of Commissioners. This text amendment changes the ordinance so
both refer to the Flood Damage Prevention Ordinance Appeal Board and removes
reference to the Board of Commissioners.
Henderson County Legal Saff had reviewed the draft agreements and is
comfortable with the provisions contained by each. Planning Staff recommends that the Board of
Commissioners authorize the
If the Board is so
inclined, the following motion was suggested:
I move that the Board adopt the proposed Text
Amendment to the Section 102-18 of the Henderson County Code.I move that the Board of
Commissioners authorize the
Soil Erosion and Sedimentary Control Ordinance
EnforcementResolution
for permanent closure of easement on the John F. Rymer property
North Carolina General Statute 53-1-241 required that the Board of Commissioners
first adopt a resolution declaring its intent to close a public road or
easement. A proposed resolution was
attached to the agenda declaring the Board’s intent of closing the easements on the John F.
Rymer property at
In November 2006, the Board of
Commissioners approved the Soil Erosion & Sedimentation Control
Ordinance. State approval of the
Ordinance allows Henderson County to enforce the Ordinance throughout the
county including within any municipalities that permit County enforcement. The Resolution provided stated that Henderson
County would enforce the Ordinance in any municipality which accepts County
assistance.
Acceptance is defined as any
municipality which has approved a corresponding resolution permitting County
enforcement. These municipal resolutions
must be approved by the effective date of the County Ordinance, October 1,
2007.
By accepting County enforcement,
participating municipalities permit the Ordinance Administrator to investigate,
inspect, and enforce the Ordinance within municipal boundaries. The municipalities also allow the County to
request any appropriate civil or criminal penalties or injunctive relief on
their behalf. The County takes
responsibility for plan and permit review for applicants within the
municipalities.
If the Board is so
inclined, the following motion was suggested:
I move that the Board adopt the Resolution to
enforce the ordinance in any municipality which accepts County assistance.I move that the Board adopt the
proposed resolution.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear for nominations on the next
agenda:
1.
Fletcher Zoning
Board of AdjustmentAdequate Public
Facilities Task Force Charter – 1 8 vac.
2.
Library Board of
Trustees – 1 vac.Housing Consortium,
3.
Solid Waste Advisory
Committee – 3vacJuvenile Crime Prevention Council
– 1 vac..
4.
Nominations
Chairman Moyer reminded the
Board of the following vacancies and opened the floor to nominations.
1.
Adequate Public Facilities Task
Force Charter – 4 vac.Agriculture Advisory Board – 3 vac.
Commissioner Messer nominated for reappointment
Kenny Barnwell to position
#3, Theron Maybin to position #4, and Sherri Johnson to position #5. Chairman Moyer made the motion to
accept the three reappointments by acclamation.
All voted in favor and the motion carried.
Commissioner Williams nominated
Tedd Pearce. Commissioner Young
nominated Bo Caldwell to position # 5 and Ron Stephens to position #6. Chairman
Moyer made the motion to accept Bo Caldwell and Ron Stephens by
acclamation. All voted in favor and the
motion carried.
2.
2.
Blue Ribbon Committee on Illegal Immigration
– 11 vac.Animal
Services Committee – 3 vac.
Commissioner McGrady nominated for reappointment
Steve Braznell to position #2, William Martin to position #8, and nominated for appointment
Catherine Beall to position #5. Chairman Moyer made the motion to
accept the two reappointments and one appointment by acclamation. All voted in favor and the motion carried.
Commissioner Young withdrew the
nomination of Sandra Crisp. Commissioner
Williams nominated Burt Lemkus to position #2.
Chairman Moyer nominated Captain Dan Summey for position #4. Previous nominations were Patrick Tapia to
position #3, Daniel McConnell to position #5, Benny Corn to position #6, Larry
Ford to position #7 and Mike Scruggs to position #8. Commissioner
Young made the motion to accept the seven positions by acclamation. All voted in favor and the motion carried.
3.
Blue Ridge Community College
Board of Trustees – 2 vac.Blue Ribbon Committee on Illegal Immigration – 11
vac.
There were no nominations at this time so this item
was rolled to the next meeting.
4.
There were no nominations at this time so this item was rolled to the next
meeting.
Commissioner Young announced that
Shannon Baldwin has withdrawn his nomination.
Commissioner Young nominated Candler Willis. Chairman Moyer nominated Chip Gould. Clerk to the Board Elizabeth W. Corn polled
the Board with the following results:
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The poll resulted in a tie so therefore this
item was rolled to the next meeting.
4.5.
Child Fatality Prevention
Team – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
5.6.
Environmental Advisory
Committee – 1 vac.
There were no nominations at this time so this item
was rolled to the next meeting.
7.
Equalization and Review,
Commissioner McGrady nominated for reappointment Babs Kuykendall to position #3
and William Farrell to position #5. Chairman Moyer made the motion to accept the
two reappointments by acclamation. All voted in favor and the motion carried.
8.
Fire and Rescue Advisory Committee – 1 vac.
The committee recommended reappointment of Richard
Barnwell to position #7. Chairman Moyer made the motion to accept the
committee’s recommendation by acclamation. All voted in favor and the motion carried.
Ron Ehlinger was nominated at the
last meeting. Chairman Moyer made the motion to accept Mr. Ehlinger by
acclamation. All voted in favor and the
motion carried.
6.9.
29 vac.
There were no nominations at this
time so this item was rolled to the next meeting.Commissioner McGrady nominated
for reappointment Chip Gould to position #4, Steve Carter to position #8,
Hunter Marks to position #10, Jim Crafton to position #12, Jon Laughter to position #16 and nominated for appointment
Jaime Adrignola to position #14, and Scott Schenk to position #18.
Chairman Moyer made the motion to
accept the five reappointments and two appointments by acclamation. All voted in favor and the motion carried.
7.10.
There were no
nominations at this time so this item was rolled to the next meeting.
8.11.
There were no nominations at this time so this item was rolled to the next
meeting.
12.
Hospital Corporation Board of Directors – 1 vac.
Jeff Egolf and Bob Eklund were nominated for
position # 9. The Clerk was asked to poll the Board. The results were as follows with each Commissioner getting one
vote.
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Chuck
McGrady |
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Bill
Moyer |
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1. Bob Eklund |
1. Jeff Egolf |
1. Bob Eklund |
1. Bob Eklund |
1. Jeff Egolf |
The Clerk tallied the votes with Bob Eklund being
appointed to position #9.
There were no nominations at this
time so this item was rolled to the next meeting.
9.13.
Juvenile Crime
Prevention Council – 4 5 vac.
There were no nominations at this
time so this item was rolled to the next meeting.Commissioner McGrady nominated
Joe Johnson to position #3. Chairman Moyer made the motion to accept by
acclamation. All voted in favor and the
motion carried.
14.
Mud Creek District Ad. Council/Water and Sewer Ad.
Council – 3 vac.
Commissioner McGrady nominated Bill Moyer to
position #1, Tom Cooper to position #2 and Bill Lapsley to position #3 for
reappointment. Chairman Moyer made the motion to accept all 3 nominees by acclamation.
All voted in favor and the motion carried.
10.15.
Nursing/Adult Care Home
Community Advisory Committee – 9 vac.
There were no nominations at this time so this item
was rolled to the next meeting.
The Chair Nuala Fay recommended nomination
of Sylvia Crouse to position #2, Barbara Petrie to position #7, Donalee D.
Wermeister to position #12, Joan Laderach to position #13, and reappointment of
Rev. Martha Sachs to position #1. Chairman Moyer made the motion to accept the
five appointments by acclamation. All
voted in favor and the motion carried.
16.
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.
17.
Recreation Advisory Board – 3 vac.
Commissioner Messer nominated for reappointment Roy
Huntley to position #1, Jeffrey Donaldson to position #6 and Corum Smith to
position #7. Chairman Moyer made
the motion to accept the nominations by acclamation. All voted in favor and the motion carried.
11.18.
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
Tax
Collector’s Annual Report
Terry F. Lyda, Henderson County Tax Collector, had provided
the Tax Collector’s Report dated February 5, 2007, for the Board’s review and
consent approval.
Terry F. Lyda stated that in accordance with
N.C.G.S. 105-369, Advertisements of Tax Liens on Real Property for Failure to
Pay Taxes, he
respectfully submitted the following report:
Annual
Bills (not including Motor Vehicles)
2006
Total Collector’s Charge: $49,390,710.20
Payments: $45,784,159.72
Unpaid Taxes: $ 3,606,550.48Gang
Grant Personnel Approval
Sheriff Rick
Davis stated that the Henderson County Sheriff’s Office was requesting that the
Board approve the two positions requested in the gang grant. The grant had already received the approval
of the North Carolina Governor’s Crime Commission.
The Gang
Enforcement Officer and the Latino Outreach Coordinator are essential to the
success of the Henderson County Gang Prevention Partnership which was outlined
in the grant application.
Funding for the
two positions will be provided through June 30, 2008 by the grant funds from
the North Carolina Governor’s Crime Commission.
Beyond that date, funds will be sought through the Justice Assistance
Grant Program to continue the program.
Currently in
Henderson County there are two basic gangs that are being dealt with. There are organized gangs and tseudo
gangs. The tseudo gangs are in the high
schools and they will graduate out and go away to some degree. Recently one member of the MS13 gang was
indicted for trafficking methamphetamine.
MS13 is one of the more violent gangs.
An intelligence report from an FBI agent quoted: MS13 is one of the fastest growing and most
violent gangs operating both nationally and internationally. MS13 is considered very active in California,
Maryland, Virginia, North Carolina, Texas and Washington and continues to
expand. In the past several years North
Carolina has seen significant increase in Hispanic population and along with
this growth an elevation in the number of individuals identifying themselves as
MS13 gang members at the time of arrest and throughout other contact with law
enforcement has been seen. The structure
of MS13 in the state of North Carolina is wide spread and growing
enormously. Criminal activities of these
gangs are likely to escalate as their membership grows. The arrest of a leader can disrupt MS13
operations in recruitment of other members.
MS13 continues to actively recruit new members in their communities,
specifically targeting children in middle schools and high schools.
Commissioner Messer made the
motion to allow Sheriff Rick Davis to hire the Gang Enforcement Officer and the
Latino Outreach Coordinator as soon as possible. All voted in favor and the motion carried.
Percentage Collected through 02/02/2007: 92.70%
Advertisement of Tax Liens:
Effective January 1, 1985,
Effective July 1, 2006, N.C.G.S. 205-369 has been modified
and will require us to provide notice to and advertise liens under the name of
the “record owner as
of the date the taxes
became delinquent” of real property.
It is the recommendation of the Tax Collector to the
Board of Commissioners that unpaid tax liens be advertised once: on May 21, 2007 (the third Monday in
May). The reasons for his recommendation
are as follows: (1) our tax statements sent to the taxpayers
tell them that as long as their taxes are paid by April 30, their lien will not
be advertised; (2) the Times-News states that they must have ample time for
preparation of the advertisement; and (3) with the implementation of the new
rules regarding advertisement, our costs per parcel will essentially double
even without allowing for any per-inch increase the newspaper may add. Since many people rely upon income tax refunds to pay
their property taxes, he feels it should remain on the same schedule as
previously used to reduce as far as possible the costs incurred by
advertising. Giving taxpayers until the
end of April to pay ensures that anyone who is planning to use income tax
refunds to pay county taxes has an opportunity to do so.
Collections information through February 2 for the
2006 bills mailed on August 18 is outlined below:
Annual
Bills G01 Only:
2006 Total Charge $49,390,710.20
Payments & Releases: 45,784,159.72
Unpaid Taxes: 3,606,550.48
Percentage collected: 92.70%
Motor Vehicle Bills G01 Only:
2006 Total Charge: $3,350,486.45
Payments & Releases 2,583,029.38
Unpaid Taxes: 767,457.07
Percentage collected: 77.09%
Fire Districts All Bills:
2006 Total Charge
$5,100,855.94
Payments & Releases 4,638,216.90
Unpaid Taxes: 462,639.04
Percentage collected: 91.14%
Commissioner
McGrady made the motion to accept the Tax Collector’s recommendation regarding
the advertising of delinquent
taxes. All voted in favor and the motion
carried.
Update on 2007 Reappraisal
County Assessor Stan Duncan appeared
before the Board in open session to update them as to the status of the 2007
general reappraisal. The Assessor’s
Office is scheduled to mail reappraisal notices on March 15, 2007.
The Tax Base is composed of Real
Property; land and improvements (structures permanently attached), including
some manufactured housing, motor vehicles; licensed (tagged) vehicles, personal
property; business machinery and equipment, aircraft and watercraft, untagged
motor vehicles, and manufactured homes not meeting the real property test, and
public service companies; public utilities and other regulated companies.
For FY 2006-2007 Mr. Duncan’s
initial projections delivered to the County and upon which the tax rate was set
was $7,673,400,000 on Real Property (81.98% of tax base), $829,500,000 on
Registered Motor Vehicles (8.87% of tax base), $689,270,000 on Personal
Property (7.36% of tax base), and $167,945,000 on Public Service Companies
(1.79% of tax base), totaling a $9,360,115,000
projection. Real Property data was based
on valuations as of April 28, 2007.
Personal Property was based on an estimated 4-5% loss over the prior
year. Registered Motor Vehicles was
based on 98% of projected prior fiscal year.
Public Service Companies was based on trend of three prior years.
The TR-1 Report, which is a
calendar based report, that is submitted to the Department of Revenue along
with the finance office shows that Real Property, based on reports ran through
the system at the end of the calendar year, 2006, was $7,773,053,453 or 80.23%
of the tax base, Registered Motor Vehicles was $916,991,440 or .93% of the tax
base, Personal Property was $805,366,146 or 1.24% of the tax base, and Public
Service Companies was $193,340,879 or .27% of the tax base. The growth was attributed to discoveries and
property that was not listed on the books.
Registered Motor Vehicles was the largest increase. Public Utilities for the first time in four
years had a $3 million gain. When the
report for Public Utilities arrives the annual bills have already been mailed,
the tax projections have been made, and the tax rate has been adopted. This constitutes the total base of
$9,688,751,918.
The North Carolina General
Assembly determines how property in this State should be valued for purposes of
ad valorem taxation. All property, real
and personal, shall as far as practicable be appraised or valued at its true
value in money. When used in this
Subchapter, the words “true value” shall be interpreted as meaning market
value, that is, the price estimated in terms of money at which the property
would change hands between a willing and financially able buyer and a willing
seller, neither being under any compulsion to buy or to sell and both having
reasonable knowledge of all the uses to which the property is adapted and for
which it is capable of being used. There
is no basis in State law for market value being different from appraised value
for property tax purposes as of January 1 of the reappraisal year. The purpose of the statutory requirement that
all property to be appraised at its true value in money is to assure, as far as
practicable, a distribution of the burden of taxation in proportion to the true
values of the respective taxpayer’s property holdings, whether they be rural or
urban.
Personal property is appraised
every year at 100%. Real property is
appraised at 100% only in the year of the reappraisal.
Ad valorem tax assessments are
presumed to be correct, and when such assessments are challenged, the burden of
proof is on the taxpayer to show that the assessment was erroneous. The taxpayer must present evidence to show
that an arbitrary method of valuation was used, or that an illegal method of
valuation was used, and that the assessment substantially exceeded the true
value in money of the property. To make
an informal appeal the taxpayer should tear-off the appeal portion of their
bill, complete it, attach any additional information, and mail it back to the
Assessor’s Office. Formally they would make a written application by the
advertised adjournment date to the Henderson County Board of Equalization and
Review. Mr. Duncan suggested that when
trying to win an appeal that the taxpayers:
·NOT appeal on the percentage of
increase.
·NOT appeal on the basis that
value for property tax purposes should be significantly different from Market
value.
·NOT appeal on the basis that the
property is not for sale.
·
Mr. Duncan did suggest:
·Independent Fee appraisal with an
effective date of valuation as of January 1, 2007.
·Sales of comparable property,
prior to January 1, 2007 that sold for a significantly different amount.
·Evidence of some problem not
known to the County.
·
Edneyville Park Architectural Services
County Engineer Gary Tweed
informed the Board that Staff had advertised for architectural services,
interviewed and are now recommending Calloway, Johnson, Moore and West (CJMW)
for the architectural services for the Edneyville Park project. Mr. Fred Pittillo along with the Edneyville
Park Community Club participated in the interviews and concurred with staff
recommendations. A proposal was
negotiated with CJMW. CJMW is partnering with Land Design to provide the site
master plan and civil engineering/landscape plans for the project. Project budget has been set at $1,000,000
including an architect/engineering fee of $100,000.
Land Design has extensive
experience in park planning and project design.
CJMW has provided architectural services for several park multi-use
centers. The combination of these two
firms makes up a good team approach for the Edneyville Park Project. CJMW was the architectural services used for
the Human Services Building opened in Henderson County in 2006.
Commissioner Young made the motion that the firm of
Calloway, Johnson, Moore and West be approved for architectural services for
the Edneyville Park Project, and that staff be authorized to prepare and
execute contracts for architectural services.
All voted in favor and the motion carried.
Construction Management Services Henderson County
Schools
This item was removed. No action was taken.
Financing – New Etowah Branch Library
Finance Director J. Carey
McLelland explained that the Etowah Branch Library project is underway. It is a $2,050,000 project including land
purchase. A resolution was presented to
the Board of Commissioners for consideration concerning the proposed
installment purchase contract financing for the project. The resolution authorizes Staff to begin the
negotiation of an installment purchase financing contract with Bank of America
to finance $1,750,000 over a 10 year term at a 4.01% annual interest rate to
fund the design and construction of the new branch library. The annual debt service requirement for this
financing is $213,329. There is no
prepayment penalty for paying the loan off in full at any time. The resolution also makes the necessary
findings to undertake and finance the Project and authorizes Staff to submit an
application to the Local Government Commission for its required approval of the
installment purchase contract financing.
Finally the resolution calls for a required public hearing on the
financing documents to be held on the Board of Commissioner’s April 2, 2007
meeting date at 7:00 p.m. and directs the Clerk to the Board to cause a notice
of public hearing to be published in a local newspaper with general
circulation.
Commissioner Williams made the motion that the
Board approve the resolution accepting Bank of America as the lowest responsive
proposal for the financing, making the necessary findings and authorizing Staff
to make an application to the Local Government Commission and setting the
required public hearing for the Board’s April 2, 2007 regularly scheduled
meeting. All voted in favor and the
motion carried.
Public
Input Plan for the
Chairman Moyer called
Planning Director
Date Time Location
Tuesday, February 20, 2007 7-9pm
Tuesday, February 27, 2007 7-9pm Atkinson
Elementary
Tuesday, March 6, 2007 7-9pm
Tuesday, March 13, 2007 7-9pm
Tuesday, March 20, 2007 7-9pm
Tuesday, March 27, 2007 7-9pm Board
of Commissioners Meeting Room (
Planning Staff would be available one hour prior to
each meeting to answer questions of citizens on an individual basis. Each meeting would begin with an opportunity
for people to sign up to speak. Chairman
Moyer would begin the meeting with a welcome and introduction. Each meeting would be a special called
meeting so that all
Commissioners could attend. Planning
Staff would conduct input sessions, but the March 27 Public Hearing would be
conducted by the Board of
Commissioners.
A website for the Land Development Code has been
established and the link to this site can be found on the County’s
homepage. The website provides an e-mail
address for the public to submit comments.
A video and series of scrolling slides that describe the draft Land
Development Code will also appear on Cable Channel 11. Several large newspaper advertisements and a press
release are planned to communicate this information.
The Board may implement additional changes to the
LDC and zoning map after receiving public input.
Chairman
Moyer made the motion to hold a workshop (special called meeting) on Land Development Code in the Commissioners Meeting Room on Tuesday, February 20, 2007 at 7:00
pm. All voted in
favor and the motion carried.
Commissioner
McGrady made the motion to set public input meetings on successive Tuesday’s beginning on Tuesday, March
13, 2007 at 7:00 pm with the last meeting being held in the Commissioner’s meeting room. All voted in favor and the motion carried.
Commissioner
Williams made the motion to resume accepting zoning applications. All voted in favor and the motion
carried.
BREAK
Suzanne Hohn, Outreach Coordinator for the Carolina
Mountain Land Conservancy, a land trust, stated that last January they had requested that
the Board sponsor a grant application for a water management project for
Commissioner
McGrady made the motion to adopt the resolution supporting the
A ten minute break was taken to
change video tapes.
Reimbursement Resolution for Mills River Elementary
and Hillandale Elementary ProjectsNACo
Prescription Drug Discount Card Program
In May, 2005, the National Association of Counties
(NACo) began a 17-county prescription drug discount card pilot program. This program, which has been contracted
through CaremarkPCS Health L.P., allows counties to offer prescription discount
cards primarily to uninsured and underinsured residents, though the card may in
fact be used by all county residents, regardless of age, income, or existing
health coverage.
The program is not insurance, but rather a
prescription discount program. There is
no cost to the counties joining
the program, but the counties do agree that by joining,
Caremark retains 100% of any rebates offered as reasonable compensation for the
services.
Several North Carolina counties are already
involved in the program including:
Alexander, Ashe, Bertie, Bladen, Buncombe, Burke, Caldwell, Camden, Catawba, Cherokee, Columbus, Pender,
Haywood, Currituck, Davidson, Edgecombe, Hertford, Lee, Martin, Mitchell, Nash,
Swain, Northampton, Onslow,
Pitt, Scotland, Transylvania, Union, Vance, Warren and Watauga.
In general, it has been reported that counties are
pleased with the program. The benefits
provided to program participants include:
an average savings of 20%, extra savings available through mail order,
savings on specialty medications, no enrollment fees, age, or income
requirements, all “commonly”
prescribed medicines are covered, and use is unlimited.
The possible drawbacks to the program are that cuts
to the rebates pharmacies receive for filling prescriptions particularly affect
local, independent pharmacies. It has also
been reported by some counties that there is a perceived
Commissioner
Messer made the motion to move forward and make this available to the citizens of
Research/Grant Coordinator Amy Brantley esplained that it would take 8-10 weeks
before
Possible sale
of (former)Public Health Department Building 1347 Spartanburg Highway,
Hendersonville, NC
1.
Advertisement for sealed bids;
2.
Negotiated offer, advertisement,
and upset bid;
3.
Public auction; or
4.
Exchange
The appraised value of this property was $1.457
million. It was recommended that the same process be used as was used for the
Commissioner
McGrady made the motion that the Board authorize staff to initiate the process to
solicit bids on the former Health Department 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. Commissioner
McGrady 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.
Blue
Ribbon Committee on Illegal Immigration
County Manager
·
Local law enforcement
·
Faith community
·
Business community
·
Agriculture
·
Latino/Hispanic advocate
Commissioner
Messer made the motion that the Board of Commissioners authorize the
Foothills
Highland Games
Finance Director Carey McLelland stated that the County
had been contacted by representatives of the Scottish Clans of the South
(SCOTS) Games Committee requesting that they be permitted to again hold the
Foothills Highland Games at Jackson Park.
The 2006 Foothills Games were held at Jackson Park in November 2006
after outgrowing the
Staff is generally supportive of permitting the
SCOTS to utilize Jackson Park for its Foothills Highlands Games. However, staff had a significant concern
regarding the closure of the Park for the event primarily because Jackson Park
is the County’s most widely used park and its closure would inconvenience other
park visitors. In addition, County staff
will need to address park ordinance issues regarding open fires, weapons used
during the Games, and overnight camping during the event prior to approval.
The Assistant County Manager recommended that the
SCOTS be permitted to utilize Jackson Park for the Foothills Highland Games,
without closing the Park, but authorizing the Interim Recreation Director,
County Attorney, and representatives of the Games to attempt resolution of the other issues and the resolution
be placed on the consent agenda at the Board of Commissioners’ February 21,
2007 meeting.
Udo Wilms, Director and President of SCOTS informed
the Board that the SCOTS are now in their seventh year and have grown to the
needs of Jackson Park.
Discussion followed and it was the Board’s consensus that Jackson Park should not be closed.
Chairman
Moyer made the motion that Jackson Park not be closed for the Games, and that
staff develop a formal policy regarding the no closure rule. He further moved that staff work with the SCOTS group to try to resolve other issues so that the games
could continue in
Library
policy regarding banned individuals
The
IT IS UNACCEPTABLE BEHAVIOR FOR ANY LIBRARY PATRON:
1. To
create any loud or disturbing noise, including noise by persons and electronic
devices.
2. To use tobacco (either smokeless tobacco
or by smoking) inside library buildings.
3. To
possess or consume food or beverages except where purchased within the building
in a designated area for the same, or at meetings where permission has been
obtained to serve refreshments from the Library administration.
4. To not wear shirts or shoes in any
Library building.
5. To
bring animals other than generally recognized service animals (e.g., guide dogs
for vision impaired individuals) into the building.
6. To
solicit for sales, donation, or to advocate any position (except in designated
meetings in the area designated for such meetings.
7. To
distribute leaflets or post any sort of notices or flyer without prior
authorization from the Library administration.
8. To
use Library telephones or other equipment without prior permission of the
Library administration except where the same is clearly designated for public
use.
9. To
move library furniture or equipment from one location to another without prior
permission of the Library administration.
10. To fail to adhere to the Library’s
internet use policy.
11. To leave children under the age of 8
unattended.
12. To
use any Library facility, including buildings, parking lots, sidewalks or
driveways for games, skateboarding, rollerblading or any other activities
without the prior permission of the Library administration.
13. To
remove any library property from the building without prior authorization of
the Library administration except through established lending procedures.
14. To
block or in any way interfere with the free movement of any person or persons.
15. To
follow or stalk staff or patrons around any Library building, or to undertake
any other harassing behavior such as staring or other acts of intimidation.
16. To commit any nuisance or to disturb or
offend the average Library patron.
17. To deface or willfully destroy any library
property or the property of any patron.
18. To verbalize obscene or abusive
language.
19. To
fight, threaten, challenge to a fight or use obscene or offensive words likely
to provoke violence.
20. To carry or possess any concealed or
unauthorized weapon.
21. To
possess or consume alcoholic beverages or controlled substances anywhere on
library property except in compliance with a valid prescription therefore.
22. To
use library property or facilities for activities or behaviors for which it is not intended (e.g., bathing, sexual activity).
23. To commit any crime under the laws of
Violators of this policy or patrons not complying
with staff decisions regarding disruptive behavior are subject to removal from
the library, and long-term loss of library privileges. Anyone refusing to leave the library premises
when requested by library staff is subject to arrest and prosecution under
trespass laws (N.C. Gen. Stat. §14-134) of
POLICY BANNING OFFENDERS FROM THE
LIBRARY
Violators of the Henderson County
Public Library Disruptive Behavior Policy will be asked to leave the library property immediately.
The length of time any offender
will be banned from Library premises (which includes any Library building and all
grounds of such buildings) will be based on the severity of the offense and any
history of previous offenses by the violator. Any violator refusing to leave
Library premises when requested by Library staff is subject to arrest for
trespass, and will be prosecuted. When a
person is banned from the Library, they are forbidden to access Library
premises, and all library privileges are revoked for the length of the ban.
Offenders
will be notified both verbally and by letter (mailed to the address provided by
them to Library staff) of their violation and length of their ban from the
Library.
Bans resulting from non-criminal
violations of library policy:
First Offense: Offender banned
for remainder of day.
Second Offense: Offender banned for one month.
Third Offense: Offender banned for six months.
Subsequent non-criminal offenses will incur further bans of not less than six
months per offense.
Subsequent offenses need not be the same offense as
previous offenses to
count as second or subsequent offenses.
Bans resulting from criminal
violations occurring on Library property:
The offender will be banned for a period of not less than six months (up to
and including a permanent ban) depending on the severity of the offense.
Appeals
Appeals of bans of one month or more must be
submitted, in writing, to the Library Director within 10 days of the mailing of
the notice of the ban. For all bans of
six month or more, an offender must submit a request in writing to the Library
Director to have full library privileges reinstated. This request must set out the offender’s plan
to demonstrate full compliance with all Library policies in the future.
Commissioner
Young made the motion that the Board approve the Public Library’s “Disruptive
Behavior Policy”, and adopt the proposed policy banning offenders of the
“Disruptive Behavior Policy”. All voted
in favor and the motion carried.
County Attorney Russell Burrell
stated that the reimbursement resolution presented to the Board for Mills River
Elementary and Hillandale Elementary projects would allow the County to
capitalize any costs that have to be expended, other than architectural fees,
between now and when the financing becomes final on the two projects.
Commissioner Messer made the motion that the Board
adopt the draft reimbursement resolution regarding the Mills River and
Hillandale School Projects. All voted in
favor and the motion carried.
STAFF REPORTS
County Attorney’s Report
There was nothing further at this
time.
County Manager’s Report
There was nothing further at this
time.
UPDATE ON PENDING ISSUES
County Manager
Race track at Airport Site
Chairman Moyer stated that this had been brought to
his attention and that the issue had raised a lot of concern. He had met with the Mayors of Mills River and
Fletcher and they asked that the Board work together with them on a letter to notify the
City of
“My purpose today is to bring to your attention the
concerns of the Henderson County Board of Commissioners along with the Town
Council of Fletcher and
Our citizens have conveyed to us numerous concerns
ranging from noise, traffic congestion and hazards, as well as the environmental impact, just to mention a
few. The bottom line is that these folks
believe their quality of life to be threatened. Whether perception or reality, we believe
their concerns are valid and should be taken seriously. At a minimum we should be informed as to the
particulars of this project and given the opportunity for meaningful
input. We urge you to take these
concerns into consideration and begin a dialogue at the earliest possible
opportunity”.
Commissioner
Young made the motion to authorize Chairman Moyer to send this letter to the Mayor of
Extension
Request for Improvement Guarantee for the Timberwolf Subdivision (Formerly
known as
Commissioner
McGrady made the motion to postpone this agenda item until the next Board
meeting on giving the applicant the
opportunity to come forward and work with Mr. Hatfield. All voted in favor and the motion
carried. Barking Dogs
Commissioner Messer stated that
there have been concerns addressed in regards to barking dogs in Henderson
County at the last couple of Board meetings.
Mr. Messer was unsure as to what could be done, as far as, enforcement
was concerned. He feels that some type
of alternative has to be found. He
realizes that if you live in a rural area there may not be an issue, but if you
live in a high-density subdivision this would be a problem. Animal concerns are
a very touchy situation not only in Henderson County but the whole United
States. Mr. Messer doesn’t want to
penalize everyone but doesn’t know how this problem can be corrected without an
ordinance. Once you draw up an
ordinance, it is only as good as the enforcement of the ordinance. He has spoken with the Sheriff’s Department
and they do not have personnel or the equipment to handle going out and reading
the decimal meters during situations. It
is an on-going problem that must be tackled before it gets worse. The problem is noise in depth, not just
barking dogs. He understands the problem
of dogs barking and waking you up from sleep.
If you can’t go back to sleep the next day is really long.
Chairman Moyer suggested that the
Board give direction to staff to explore and see what options are there at this
time. The Board needed to decide whether
to make this a priority. At this time
there is a Noise Ordinance but it is not effective in this area.
County Attorney Russell Burrell
stated that the current Noise Ordinance says that certain types of noises
qualify but then there were additional qualifications such as a dog barking for
a certain period of time intermediately and at a certain level of
decimeter.
Commissioner Messer reminded the
Board that staff was not available to go out to someone’s house and wait for a
dog to bark and verify with a decimeter.
Assistant County Manager Selena
Coffey stated one of the issues was back when the 2006 Strategic Plan was
developed the Board did discuss this problem; however, during the most recent
retreat the issue wasn’t in the forefront.
Staff would like the Board to give them direction to whether this is a
top priority or in second phase stage.
An ordinance should not be adopted and then not followed through so
therefore the County needs to back the enforcement of the ordinance. The Staff will need time to development a way
to enforce the ordinance.
Commissioner Young feels that the
ordinance should include all loud noises.
He does not feel that the decibel meter is the practical solution.
Chairman Moyer requested that
Staff study the options, including enforcement, and come back to the Board with
options of handling the problem. Once
the Board has this information they can prioritize it based on the cost.
Commissioner Messer directed the staff
to check with other surrounding Countie’s to see what type of ordinance and
enforcement were in place.
NACo Conference in Washington, DC
Commissioner Messer began by
saying that it was a good conference.
One of the classes he attended was in regards to Methamphetamines.
The North Carolina Association
had a caucus on immigration which included approximately 30 Commissioners. Mr. Messer informed them about the Blue
Ribbon Committee on Illegal Immigration that was being formed in Henderson
County. At the end of the discussion the
instructor directed Mr. Messer to contact the Senator and House of
Representative member. They also do not
have an answer. Henderson County is one
of the largest growing County’s in the Southeast with this problem.
The budget was discussed
primarily in regards to the Medicaid burden.
STAFF REPORTS
There was nothing further at this time.
There was nothing further at this time.
PUBLIC
HEARING – New Road Names
Commissioner
Messer made the motion for the Board to go into public hearing. All voted in favor and the motion carried.
Chairman Moyer called
Property Addressing Coordinator Curtis Griffin to the podium.
Property Addressing Coordinator Curtis Griffin stated
that there were two petitions for new road names. The two changes are as follows:
Old Road Name New Road Name
Tater
Road
There was no public input.
Commissioner
McGrady made the motion to approve the petitions for new road names as requested. All voted in favor and the motion carried.
Commissioner
Messer made the motion to go out of public hearing. All voted in favor and the motion
carried.
PUBLIC HEARING
– Public Hearing for abandonment of
Commissioner
McGrady made the motion for the Board to go into public hearing. All voted in favor and the motion carried.
Property Addressing Coordinator Curtis Griffin
explained
to the Board that a petition had been received to abandon approximately 200 feet of
There was no public input.
Commissioner
Messer made the motion that the Board approve the abandonment petition and
forward it to NCDOT for action. All voted in favor and the motion carried.
Commissioner
Young made the motion to go out of public hearing. All voted in favor and the motion
carried.
IMPORTANT DATES
Etowah
Library Groundbreaking – February 8, 2007
Chairman
Moyer made the motion to set a special meeting for February 8, at 11:00 AM for
the Etowah Library Groundbreaking. All
voted in favor and the motion carried.
Request
for Public Hearing for abandonment of
Commissioner
McGrady made the motion to set a public hearing for March 29, 2007 at 7:00 PM. All voted in favor and the motion carried.
Request
for Public Hearing on permanent closing of easement
Commissioner
Messer made the motion to set a public hearing for March 21, 2007 at 11:00
AM. All voted in favor and the motion
carried.
The Board discussed changing the
Public Hearing scheduled for March 26, 2007 to another date because of a
conflict.
Planning Director Anthony Starr
stated that this change could not be made because the ordinance requires that
an advertisement must be placed for four consecutive weeks before a public
hearing and that the advertisements were already in place.
Assistant County Manager reminded
the Board that the LDC sessions would begin the following week.
CANE CREEK WATER & SEWER DISTRICT – no
business
Chairman Moyer made the motion for the Board to
go into closed session as allowed pursuant to NCGS 143-318.11 for the following
reasons:
CLOSED SESSION
1.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: (a)(1) To
prevent disclosure of information that is privileged or confidential pursuant to
the law
1.of this State or of the United
States, or not considered a public record within the meaning of Chapter 132 of the
General Statures, in accordance with and pursuant to NCGS 143-318.10(e) and
Article II of Chapter 11 of the Henderson County Code.
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.
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.
All voted
in favor and the motion carried.
Commissioner
McGrady made the motion
for the Board to go out
of closed session. All voted in favor and the motion carried.
ADJOURN
Commissioner McGrady made the motion to
adjourn. All voted in favor and the
motion carried.
Attest:
_________________________________ __________________________________
Terry Wilson, Deputy Clerk to the
Board William L. Moyer, Chairman