MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at
Those present were:
Commissioners Bill Moyer,
Also present were:
Planning Director Anthony Starr, Fire Marshal Rocky Hyder, Finance Director J.
Carey McLelland, Deputy Clerk to the Board Terry Wilson, Research/Budget
Analyst Amy Brantley, Engineering and Facility Services Director Marcus Jones,
Associate County Attorney
CALL TO ORDER/WELCOME
PLEDGE OF ALLEGIANCE
Ms. Corn led the Pledge
of Allegiance to the American Flag.
INVOCATION
County Manager
ELECTION OF CHAIRMAN
Commissioner Messer
nominated
Congratulations
followed. Ms. Corn turned the meeting
over to Chairman Moyer.
Chairman Moyer noted
that the next item was the election of a Vice-Chairman of the Board.
ELECTION OF VICE-CHAIRMAN
Chairman Moyer opened
the floor for nominations for the Vice-Chairman of the Board for the coming
year.
Chairman Moyer nominated
Commissioner McGrady. Commissioner Young
nominated Commissioner Messer. A vote
was taken and results follow:
|
|
C. Messer |
C. McGrady |
|
Commissioner McGrady |
|
√ |
|
Commissioner Williams |
√ |
|
|
Chairman Moyer |
|
√ |
|
Commissioner Messer |
√ |
|
|
Commissioner Young |
√ |
|
Commissioner Messer was
elected as Vice-Chairman of the Board for the coming year. Congratulations
followed.
ARBY’S & APPALACHIAN ENERGY
Chairman Moyer stated that
on behalf of the Board he had attended a meeting at Arbys on
Appalachian Energy moved
into the previous Steelcase building along with other companies bringing 200 or
more jobs to
MEET THE DIRECTOR AND ADOPT A PET CELEBRATION
Chairman Moyer commented
that there had been a “Meet the Director and Adopt a pet Celebration” at the
Animal Shelter the same day as the Hendersonville Christmas parade. He was concerned about having so many events
at the same time but the event was a great success. There were a lot of animals adopted.
Chairman Moyer also
noted that members of the Blue Ridge Humane Society were at the event to show
their support for the new director and changes that are being made and pledged
their cooperation to work with the county.
INFORMAL PUBLIC COMMENTS
1.
Doug
Freeman – Mr. Freeman stated that on Tuesday, November 6, the voters of
Henderson County spoke and if they are given another opportunity to speak on
the subject of taxes, such as an increase in the sales tax, he questioned if
they would respond as they did on November 6 or if they would respond differently. He felt that if perhaps when voters went to
the polls again, a different question might produce a different and positive
response. The questions could and should
be: Do you favor charging the developers
impact fees for the new homes constructed in
While
the collection of impact fees will not solve all of the financial woes of our
county, it would have the effect of (1) holding down future hikes in the property
tax rate and (2) placing a substantial portion of the burden of added
infrastructure costs due to growth on those most responsible, the
developers. The Henderson County
Democratic Party recently endorsed, unanimously, a resolution asking this county
board to seek legislative authority to impose impact fees. Should the Board decide to pursue this course
of action, they are prepared to seek support from the Democratic
representatives in the legislature from
Chairman Moyer noted
that he did not usually respond to public comment but this subject continued to
come back and he needed to get the point across. This is his 9th year as a
Commissioner and most of the other Commissioners had been here several years. He stated “I assure you that for eight years
that I’ve been on and before we had gone to the Legislature to try to get
permission to at least consider, with citizens approval, an Impact Fee and
we’ve been told NO and we were told this year NO. And when everything started coming back with
respect to the land transfer tax, I met with our Legislatures as to the
possibility of bringing up this issue again and they said ‘Do Not Bother, there
is no chance of getting support for an Impact Fee, you may be able to get
permission or approval to kick the sales tax up to ½% which would double the
money and give us almost what we need but don’t waste our time coming down and
asking for an impact fee.’ If you can persuade your democratic counterparts and
the legislature to consider it that would be great but we have been
unsuccessful despite repeated attempts to try to do that and I’ve been told
it’s a waste of time for this year. So having said that the County
Commissioners Association will continue…we’ve asked and our position has been
fairly straight forward that all counties should be treated fairly. If you are going to let one county do
something, let all of them do it or don’t let any of them do it, but don’t hand
pick based on who has a powerful Senator which one you are going to allow to do
it, but this is not carried today. They
like to go in there and give special permission to certain places and we’ve not
been able to get that and I do not see that we’re going to have any success on
impact fee for the coming year. Having
said that we’ll continue to try but I’m not at all optimistic.”
2.
Karen
Mathiesen – Ms. Mathiesen is a teacher at
3.
Theron
Maybin – Mr. Maybin informed the Board that during many of the Agriculture
Advisory Committee meetings there was not a quorum and requested that
Commissioner
4.
Diane
Dotson – Ms. Dotson is a member of the Henderson County Association of
Educators. She was requesting a
supplemental pay increase.
DISCUSSION/ADJUSTMENT OF AGENDA
Commissioner McGrady made the motion to approve the agenda.
All voted in favor and the motion carried.
CONSENT AGENDA
Commissioner McGrady made the motion to approve the Consent
Agenda. All voted in favor and the motion carried.
REVIEW OF PUBLIC OFFICIAL’S BONDS
Pursuant to NCGS
58-72-20 and the Board’s Rules of Procedure, after the Chairman and
Vice-Chairman have been elected, the next order of business at this
organizational meeting of the Board is the annual review and approval of the
bonds for county public officials. The
following are the county officials required to be bonded and the current bond
amounts:
|
Public
Official |
Bond Amount |
Bond Company |
|
Richard W. Davis,
Sheriff (No new bond needed) |
$25,000 |
Fidelity and Deposit
Company |
|
Nedra Whitlock Moles,
Register of Deeds (No new bond needed) |
$50,000 |
Fidelity and Deposit
Company |
|
Terry F. Lyda, Tax
Collector |
$1,000,000 |
Fidelity and Deposit
Company |
|
Lee King, Deputy Tax
Collector |
$250,000 |
Fidelity and Deposit
Company |
|
J. |
$200,000 |
Fidelity and Deposit
Company |
The
If the Board is so
inclined, the following motion was suggested:
I move that the Board approve the public officials’ bonds as
proposed.
Minutes
Draft minutes were
presented for the Board’s review and approval of the following meetings:
Tax Collector’s Report
Terry F. Lyda,
County Financial Report/Cash Balance Report – October 2007
This October report was
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 during the fiscal year.
The YTD deficit in the
Crisis Housing Assistance Program (CHAP) Fund and the Lewis Creek Restoration
Project Fund is due to the timing difference between the expenditure of Federal
and State grant funds and the subsequent requisition and reimbursement of these
expenditures.
The YTD deficit in the
If the Board is so
inclined, the following motion was suggested:
I move that the Board of Commissioners approve the October
2007
Henderson County Public Schools Financial Report – October
2007
This October 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 October
2007 Henderson County Public Schools Financial Reports as presented.
This report was provided
for the Board’s review and consent approval.
An aging analysis of accounts receivable and total revenues received to
date for the current fiscal year was included in the report.
If the Board is so
inclined, the following motion was suggested:
I move that the Board of Commissioners approve the
Western Highlands Area Authority – Quarterly Fiscal
Monitoring Report (FMR) for the period ended September 30, 2007
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 provided was received by the
County Finance Officer on
If the Board is so
inclined, the following motion was suggested:
I move that the Board of Commissioners approve the
Tax Refunds
A list of 5 tax refund
requests was presented for the Board’s review and consent approval.
If the Board is so
inclined, the following motion was suggested:
I move the Board of Commissioners approve the Tax Refund
Report as presented.
Tax Releases
A list of 42 tax release
requests was presented for the Board’s review and consent approval.
If the Board is so
inclined, the following motion was suggested:
I move the Board of Commissioners approve the Tax Release
Report as presented.
Resolution Authorizing the Surplus and Disposition of
Personal Property by Private Sale
In his continuing
efforts to reduce the number of sport utility vehicles in his department’s
fleet, the Henderson County Sheriff has received a request from
The sale of personal
property to another local governmental unit is authorized under N.C.G.S.
160A-274.
If the Board is so
inclined, the following motion was suggested:
I move that the Board of Commissioners approve the proposed
resolution declaring the 2005 Dodge
Surplus Property
A resolution was
attached to the agenda (Exhibit A) along with an attached list of vehicles (Exhibit
B) declaring the 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 of Commissioners approve the attached
resolution declaring the list of property presented as surplus and authorizes
Staff to sell the surplus property via electronic public auction using GovDeals
auction services.
Water Line Extension
The City of
If the Board is so
inclined, the following motion was suggested:
I move that the Board of Commissioners approve the water
line extension for Farms at Waters Edge, and direct Staff to convey the
County’s comments to the City of
Planning for Older Adults Block Grant Advisory Committee
Recommendations for Committee Composition
Staff was recommending
three changes to the Home and Community Care Block Grant Advisory Committee,
formerly know as the Planning for Older Adults Block Grant Advisory Committee
as follows:
If the Board is so
inclined, the following motion was suggested:
I move that the Board of Commissioners adopt the amendments
to the Home and Community Care Block Grant Advisory Committee as recommended.
Amended Declaration of Condominium for Partners in Health
It was requested that
the Board approve the following changes proposed by Henderson County Hospital
Corporation to the declaration of condominium for the Partners in Health
condominium, located adjacent to
The Board of Trustees of
Henderson County Hospital Corporation is expected to review and approve the
proposed change at its next meeting, on
AMENDMENT TO
DECLARATION OF
CONDOMINIUM
OF
PARTNERS IN HEALTH
CONDOMINIUM
A
Flat
AMENDMENT to that Declaration of
Condominium made
1)
The
purpose of this Amendment to Declaration is to amend the Declaration of
Condominium of Partners in Health Condominium dated April 6, 1999 and recorded
in Deed Book 985 at page 710 in the office of the Register of Deeds for
Henderson County, North Carolina to reflect the addition of certain units and
the relative rights and responsibilities of the unit owners and the
Association. This amendment has been
approved by and is made by the owners and lessees of all units within the
condominium, Henderson County, Hospice of Henderson County, Inc. and Henderson
County Hospital Corporation.
(a)
The
name by which this condominium is to be identified is Partners in Health
Condominium, a condominium, herein called the “Condominium”, and its address is
(b)
The
condominium is and shall be situated in
2)
The
condominium association shall consist of owners of Units 1, 2 and 3 is known as
Partners in Health Condominium Association, Inc. The Association shall be governed by a board
of directors, as more particularly described in the bylaws thereof. The board of directors shall consist of seven
(7) members, of whom three (3) shall be appointed by the owner of the Unit 1,
two (2) shall be appointed by Unit 2 and two (2) appointed by the owner of Unit
3.
3)
The
real property included in the condominium is described in Exhibit A attached
hereto and made a part hereof by this reference.
4)
The
maximum number of units which the declarant reserves the right to create is
amended from two to four.
5)
A
description by reference to the plats or plans described in N.C.G.S. §47C-2-109
of the boundaries of each unit created by the declaration including the unit’s
identifying number, is recorded at ________________in the office of the
Register of Deeds for Henderson County, North Carolina.
6)
The
condominium shall have no limited common elements.
7)
No
real estate may be allocated subsequently as limited common elements.
8)
The
declarant reserves no right to develop any unit of the Condominium.
9)
Unit
1 shall be allocated 66% of the undivided interest in the common elements; Unit
2 shall be allocated 25% of the undivided interest in the common elements; Unit
3 shall be allocated 08% of the undivided interest in the common elements. Unit 1 shall be allocated 66% of the common
expenses of the association; Unit 2 shall be allocated 25% of the common
expenses of the association and Unit 3 shall be allocated 08% of the common
expenses of the association; and Unit 4 shall be allocated 01% of the common
expenses of the association.
10)
All
portions of the condominium other than the units are and shall be common
elements. The common elements include
the driveways, parking areas, lawn, patios, gardens and other landscaping,
sidewalks, and utility buildings.
11)
Each
unit may be used only for the purposes of providing health care, for the
purpose of adult day care facilities, or for administration of health care facilities
to be conducted by the unit owner with
12)
The
invalidity in whole or in part of any covenant or restriction, or any section,
subsection, sentence, clause, phrase, or word, or other provision of this
Declaration and the Articles of Incorporation, Bylaws, and regulations of the
Association shall not affect the validity of the remaining portions thereof.
13)
This
Declaration may be amended in the following manner:
(a)
Notice
of the subject matter of a proposed amendment shall be included in the notice
of any meeting of the association at which a proposed amendment is considered.
(b)
Either
the Board of Directors or the members of the Association may propose a
resolution adopting a proposed resolution.
Directors and members not present in person or by proxy at the meetings
considering the amendment may express their approval in writing, providing such
approval is delivered to the Secretary at or prior to the meeting. Except as elsewhere provided, such approvals
must be by not less than 100% of the entire membership of the Board of
Directors and by not less than 100% of the votes of the unit owners.
(c)
No
amendment shall discriminate against any unit owner unless the unit owner so
affected shall consent. No amendment
shall change any unit nor the share in the common elements appurtenant to it,
nor increase the owner’s share of the common expenses, unless the record owner
of the unit therein shall join in the execution of the amendment.
(d)
A
copy of each amendment shall be certified by the President and Secretary of the
Association as having been duly adopted and shall be effective when duly
recorded in the office of the Register of Deeds of Henderson County, North
Carolina.
14)
The
annual budget for all expenditures to be made by the Association for repair and
maintenance of the common elements must be approved by all of the owners of
Units 1, 2 and 3.
15)
The
title to Unit 4 may not be conveyed separate and apart from the title to Unit 1,
and both such units shall always remain in common ownership.
16)
A
true copy of the bylaws of the Association is attached hereto as Exhibit B.
Done
in
By:____________________________________(SEAL)
William L. Moyer, Chair, Board of
Commissioners
HOSPICE
OF HENDERSON COUNTY, INC.
d/b/a FOUR SEASONS HOSPICE AND PALLIATIVE CARE
By:____________________________________(SEAL)
HENDERSON
COUNTY HOSPITAL CORPORATION
d/b/a
By:____________________________________(SEAL)
STATE OF
I, a Notary Public of the County and State aforesaid,
certify that
______________________________________
Notary
Public
My commission expires:
STATE OF
I, a Notary Public of the County and State aforesaid,
certify that ______________, Chairman of the Board of Directors for Henderson
County Hospital Corporation, personally appeared before me this day and
acknowledged the voluntary execution of the foregoing instrument for the purpose
stated therein. Witness my hand and
official stamp or seal, this____day of _______________, 2007.
______________________________________
Notary Public
My commission expires:
STATE OF
I, a Notary Public of the County and State aforesaid,
certify that __________________, Chairman of the Board of Directors for Hospice
of Henderson County, Inc., personally appeared before me this day and
acknowledged the voluntary execution of the foregoing instrument for the
purpose stated therein. Witness my hand
and official stamp or seal, this____day of _______________, 2007.
______________________________________
Notary
Public
My commission expires:
____________________, President of the Board
of Directors of Partners in Health Condominium Association, Inc. hereby
certifies that the foregoing Amendment to the Declaration of Condominium was
duly adopted by the aforesaid Board of Directors on November _____, 2007.
______________________________________
President
Attest:
________________________________________
Secretary
EXHIBIT A
BEGINNING at a point in
the right-of-way of South Allen Road (State Road 1756), said point being the
northeasternmost corner of that property described in deed of record in Deed
Book 985, at Page 708, in the office of the Register of Deeds for Henderson
County, North Carolina; and running thence South 03 deg. 46 min. 52 sec. East
110.28 feet to a point; thence South 83 deg. 30 min. 48 sec. East 10.50 feet to
a point; thence South 04 deg. 45 min. 49 sec. East 165.84 feet to a point;
thence South 05 deg. 27 min. 41 sec. East 110.48 feet to a spike set; thence
North 73 deg. 43 min. 04 sec. West
125.19 feet to a point; thence South 83 deg. 31 min. 09 sec. West 62.76 feet to
a point; thence South 62 deg. 42 min. 40 sec. West 48.43 feet to a point;
thence South 00 deg. 59 min. 32 sec. East 28.22 feet to a point; thence North 5
deg. 55 min. 08 sec. West 36.70 feet to a point; thence South 80 deg. 27 min.
56 sec. West 62.74 feet to a point; thence South 63 deg. 49 min. 53 sec. West
86.06 feet to a rebar set; thence South 51 deg. 04 min. 59 sec. West 39-16 feet
to an existing rebar at a control corner; thence South 83 deg. 40 min. 28 sec.
West 449.84 feet to an existing rebar; thence North 11 deg. 33 min. 46 sec.
West 315.48 feet to an existing rebar; thence North 06 deg. 29 min 45 sec. East
319.55 feet to an existing spike in the base of the Chestnut Oak; thence South
83 deg. 32 min. 16 sec. East 649.95 feet to a point; thence South 83 deg. 32
min. 16 sec. East 229.98 feet to the point and place of BEGINNING, and
containing 10.37 acres, more or less, as shown on that survey of Hill and
Associates Surveyors, P.A., dated October 12, 2007, bearing File No. 24064.
THERE IS ALSO CONVEYED
all easements appurtenant to the above-described tract.
If the Board is so
inclined, the following motion was suggested:
I move that the Board approve the proposed changes to the
Declaration of Condominium for the Partners in Health Condominium, subject to
their approval by the Board of Trustees of Henderson County Hospital
Corporation.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear for nominations on the next
agenda:
1.
Cemetery
Advisory Committee – 1 vac.
2.
Nursing/Adult
Care Home Community Advisory Committee – 1 vac.
Two additional vacancies
were noted by Deputy Clerk Terry Wilson as follows:
1.
Agriculture
Advisory Committee – 1 vac.
2.
Environmental
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 (CCPT) – 1 vac.
Commissioner McGrady stated
that the CCPT had elected a Chairperson and requested that Deputy Clerk Terry
Wilson verify if the Bylaws permitted the committee to handle the election of
Chair. (Further inquiries by Terry
Wilson did show that the committee was responsible for electing the Chair).
3.
Criminal Justice
Partnership Program – 6 vac.
Commissioner Young nominated
for reappointment
4.
Fire and Rescue Advisory
Committee – 2 vac.
Commissioner Williams
nominated Jeffrey Cooper for position #2 and Tim Garren for position #6. Chairman
Moyer made the motion to accept Jeffrey Cooper to position #2 and Tim Garren to
position #6 by acclamation. All voted in
favor and the motion carried.
5.
Fire Commission – 3 vac.
Commissioner Messer nominated
for reappointment Martin Harris for position #1, Howard Norton for position #2
and Phil Hyder for position #3. Chairman Moyer made the motion to accept
Martin Harris to position #1, Howard Norton to position #2 and Phil Hyder to
position #3 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.
Commissioner McGrady nominated
Anthony Engel for reappointment to position #4 and Eric Goodman for
reappointment to position #6. Chairman Moyer made the motion to accept
Anthony Engel to position #4 and Eric Goodman to position #6. All voted in favor and the motion carried.
Commissioner McGrady
nominated Tedd Pearce for position #1.
Commissioner Young nominated Brandon Yelverton for position #1. There being no further nominations, position
#1 was rolled to the next meeting.
8.
There were no
nominations at this time so this item was rolled to the next meeting.
9.
Juvenile Crime
Prevention Council – 6 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
10.
Laurel Park Zoning Board
of Adjustment – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
11.
Library Board of
Trustees – 1 vac.
Chairman Moyer nominated
12.
Planning Board for Older
Adults Block Grant Advisory Committee – 5 vac. (1 vac.)
Chairman Moyer noted
with the changes that had evolved with this committee tonight he felt no action
should take place until the next meeting.
There were no nominations at this time so this item was rolled to the
next meeting.
13.
Recreation Advisory
Committee – 1 vac.
Commissioner Messer
nominated Hunter Marks for position #8.
14.
Senior Volunteer
Services Advisory Council – 2 vac.
Deputy Clerk Terry
Wilson noted that Lee Ann Tucker of
15.
Solid Waste Advisory
Committee – 1 vac.
Commissioner McGrady
nominated Joseph McGuth for position #7.
Chairman Moyer made the motion to
accept Joseph McGuth to position #7 by acclamation. All voted in favor and the motion carried.
16.
Travel & Tourism
Committee – 4 vac.
Commissioner Young
nominated Mehmet Ozelsel for position #1, Dale Barlett for position #2 and
Kathy Griffin for position #4. Commissioner
Messer nominated Commissioner
Commissioner Messer
recognized Lucy King for her service to the Travel & Tourism Committee
during the last five years.
Mrs. Paula Hodges, CPA,
Senior Audit Manager, with the certified public accounting firm of Martin
Starnes and Associates, CPAs P.A. and Carey McLelland, Finance Director,
presented and discussed the fiscal year ended
Carey McLelland stated
that this year we had received an unqualified audit opinion issued on the basic
financial statements which is the best opinion you can get in an audit. The statements present fairly the financial
position of the County in all material aspects.
We had no single audit (commonly called compliance auditing) findings or
question costs on any of our major federal or state grant programs, grant
awards. Those are typically child care,
Medicaid, Food Stamp programs, primarily DSS type programs. The County Reserve General Fund balance at
the end of
Mrs. Hodges stated that
along with the unqualified opinion issued on the basic financial statements
they had also issued an unqualified opinion on internal controls and compliance
of major federal and state programs. He
recognized the finance department for the excellent job that they do. She informed the Board that the County was in
excellent financial condition.
The only area of comment
from the Board was with respect to the jail.
This had to do with internal controls at the detention center concerning
cash deposits and how they were handled from preparing the deposit, making the
deposit, and reconciling the bank statement.
Since this was issued, Internal Auditor Darlene Burgess and Mr.
McLelland had been to the detention center and worked with Captain Cochran to
put some changes in place as far as related procedures and controls. They feel these areas have now been
strengthened where there is not an open hole like there was before and they are
still working on some of the other areas that were mentioned in the
finding.
SPEAK OUT FOR KIDS EVENT UPDATE
Commissioner McGrady
stated that 6-8 years ago the Commissioners had asked the Children and
The Executive Director
of the Children and Family Resource Center, Maureen Adams discussed the Speak
Out for Kids Event – a community meeting conveyed by the United Agenda for
Children. The United Agenda for Children
is a coalition of citizens, civic leaders, businesses, government and community
agencies who have united to make sure every child in
Priorities in Education
Priorities in Health
Priorities in Safety
Going Forward
PARKS AND RECREATION 2007 FACILITY NEEDS
ASSESSMENT
Selena Coffey introduced
the new Parks and Recreation Director Tim Hopkin. She thanked Marcus Jones for covering in the
interim position.
Chair of the Recreation
Advisory Committee Corum Smith recognized members of the committee including
Roy Huntley, Vice-Chairman Jeff Dawson, Jerry Eblin, Ralph King, Terry Maybin,
Virgle McClure, Jim Switzer, Commissioner Representative
The
1.
Soccer
Complex
2.
3.
Greenways
4.
Additional
Parks
5.
Maintenance
6.
Handicap
& Special Needs Accommodations
7.
A report was provided to
the Board with recommendations from the Recreation Advisory Board and
staff. Included in the report was a
brief description of facilities and potential budgetary expenditures associated
with the needs.
Soccer Complex
A complex with five
fields is currently needed in the County.
It is not practical to plan for this type of facility to be duplicated
throughout the County.
The
Additional Parks
Areas such as Green
River,
Dog Parks
The need for this
facility comes as many residents find themselves living with dogs in areas that
do not allow dogs off a leash.
When these facilities
are constructed they must be well-planned, sufficiently funded and
professionally designed to promote civic pride in
Recess
Chairman Moyer called a
5 minute recess.
PUBLIC HEARING – NEW ROAD NAMES
Commissioner McGrady made the motion for the Board to go
into public hearing. All voted in favor
and the motion carried.
New Road Name
Creekside View Trail
Cedar
Mountain Bluff Trail
Montchannin Hts
(currently named
Boy
Public Input
There was none.
Commissioner McGrady moved that the Board approve the new
road names. All voted in favor and the motion carried.
Commissioner Messer made the motion for the Board to go out
of public hearing. All voted in favor and the motion carried.
AGRICULTURAL DEVELOPMENT & FARMLAND
PRESERVATION TRUST FUND
Commissioner Williams
stated that this was a little broader than was mentioned in the agenda. The
Agricultural Development & Farmland Preservation Trust Fund is a program
that the state has right now that
was discussed in depth
at the last Agriculture Advisory Board meeting.
The plan that the state has is to provide funding for a variety of
projects, none of which are guaranteed.
There is in excess of $8 million that has been appropriated for various
projects that would be approved by the state.
We have an opportunity in
Theron Maybin, Chairman
of the Agriculture Advisory Board discussed plans for applying for grant
funding through the Agricultural Development & Farmland Preservation (ADFP)
Trust Fund for two projects. He stated
that at the Agricultural Advisory meeting on
The first will be for
development of a Countywide Farmland Protection Plan. This is a plan for how the county intends to
maintain a viable agriculture community and address farmland preservation
tools. Development of such a plan
assists in assessing the state of farming and forestry in the county, and
coordinating activities, agencies and funding for farmland and forestland
preservation. Additionally, ADFP Trust
Fund matching requirements are 15% in counties that have a Farmland
Preservation Plan, versus 30% in those without a plan. Funds which can be used for the required
match for this project were included in the adopted FY 07-08 budget.
The second is for a
private enterprise program that will affect up to 17 apple producers in
Greg Nix of Apple Wedge
Packers stated that they had been packing and shipping for growers in
Commissioner Williams
stated that from the time the State announced the funding for this program,
(grant money) we are now only about 3 weeks out from the time the initial news
came to us, that there would be funds available. There has been a mad rush to try to expedite
some things which have already been discussed and not a lot of time was
allotted for preparation and great details for facts and figures to be put on
paper. The deadline is December 14th
that the State must have the applications in hand. We only have this one opportunity for this to
be presented. In respect to the funding,
Mr. Nix was looking in terms of about $600,000.00 (rough estimate). If the County approves funding for this
project the cost to the County would be between 5-6% of the total project. The County’s involvement here is simply
what’s being requested for this as well as the other project as an endorsement
on the part of the County to show the County is behind these projects in hopes
that they may have some influence over the states decision whenever they start
making the selection of what they choose to improve. The Board did approve as part of their budget
for this year $50,000 for agriculture development and preservation of
farming. Those funds that are being
requested have already been approved.
The Board must now determine if the projects being requested fall in
line with what the Board had in mind with establishment of that fund. Apple Wedge will move forward even if the
funds are not received from the state, but in stages.
NCDA Grant 300,000.00
Apple Wedge $265,000.00
Projected Cost $600,000.00
Commissioner Williams
understood that the $5000.00 would be a collaborative effort between Soil and
Water Conservation and Co-operative Extension and working in conjunction with
Carolina Mountain Land Conservancy.
Commissioner Williams made the motion that the Board endorse
the application for the grant from the Agricultural Development & Farmland
Preservation Trust Fund as recommended by the Agricultural Advisory Committee,
and to allocate the funds appropriated in the FY 07-08 budget for the proposed
projects, specifically being $5,000 to be used toward the development of a
Farmland Protection Plan to be implemented through joint efforts of Soil and
Water Conservation and Henderson County Co-operative Extension and utilizing
other sources as they may see fit.
Furthermore that it would go toward the project of adding cooler space
for Apple Wedge Packers in the amount of $35,000. All voted in favor and the motion carried.
This would leave a
balance of
UPDATE
Anthony Starr stated
that details have been worked out to fund the
County Manager
Anthony Starr stated
that the financial plan that was developed when the County became more directly
responsible for the operation of the transit system was with hope to continue
inner city funding, but anticipate that they might loose it in the FY
08-09. The County has structured their
grant planning from the Federal Government to accommodate that. It appears that there will be little or no
additional match required because some additional Federal Grant money will
become available for operational cost in the next year’s budget.
This will be the last
fiscal year
Commissioner McGrady made the motion that the Board
authorize the Chairman to sign the prepared letter to be forwarded to Miriam
Perry, Public Transportation Director.
All voted in favor and the motion carried.
Commissioner McGrady
gave credit to Steve, Anthony and other staff for their good work on this
project. After the last meeting, they
had worked hard looking for ways to bridge the gap between now and the end of
our fiscal year.
PUBLIC DEFENDER OFFICE SPACE
The North Carolina
Office of Indigent Defense Services notified the Counties of NC Judicial
District 29B (
Public Defender Space
Requirements
Ø 1 Public Defender Office
Ø 3 Full time positions (2
APD, 1 Admin)
Ø “Equivalent to District
Attorney”
Ø “Walking distance to
Courthouse”
Ø (5 more positions)
Public Defender Space
Options
Ø Adjacent to Courthouse
Ø Small, less than 1000 SF
Ø Currently occupied with
1 to 2 offices available
Ø Will not accommodate
more than Initial Need
Ø Library can be
down-sized and moved downstairs
Ø Space available for 3 to
4 offices
Ø Next to Victim-Witness
room (conflict w/PD)
Ø Inexpensive “In-House”
Renovations needed
Ø Not a permanent solution
Ø Space available within
walking distance to Courthouse
Ø Approximately $30,000
per year
Ø No Renovations or
Maintenance Needed
Ø Possible Long Term
Solution
Ø Designed for PD, Locate
on
Ø Expensive Lease Option
Ø Zoning Concerns
Ø Possible
Ø Currently occupied by
Chamber – relocation possible
Ø Near Courthouse
Ø Permanent solution
w/possible space for DA
Ø Inexpensive “In-House”
Renovations needed
Ø Near Courthouse
Ø Very Expensive to
Renovate (over $350,000)
Ø Possible
Ø Building needs to be
Demolished
Ø Not Highest and Best Use
of Property
Ø Not Located Close to Courthouse
Ø Still Appropriate
Decision to Surplus – Factors Leading to Decision Remain Applicable
Ø Best Permanent Solution
Ø Two Year Process at Best
Ø Expensive
Public Defender Space
Recommendation
Ø Permanent Location at
Chamber of
§
Public
Defender
§
Possible
DA expansion
Ø Bridge the Time till
Available
§
Law
Library
§
331
Commissioner McGrady made the motion that the Staff develop
office space for the new Public Defender in the area currently used as the law
library and in the available space at 331 1st Ave. East and continue
to study a long term solution. All voted
in favor and the motion carried.
PERMANENT HAZARDOUS HOUSEHOLD WATER/ELECTRONIC
CENTER
Marcus Jones stated that
developing a permanent, on-site center instead of single day events can better
utilize the current and future Solid Waste funding budgeted for HHW/E. This option would provide the following:
1.
Significant
improvements in customer service
·
The
permanent facility would be open on regular scheduled dates throughout the year
·
The
lines would be less due to more frequent scheduling
·
More
accommodating to customer’s schedules due to more frequent scheduling
2.
Notable
cost savings
·
Cost
break down from last single day event:
|
LOSRC Event Management |
$10,988 |
|
Eco Flow Mobilization |
14,562 |
|
Cost of Processing
Material |
29,239 |
|
ECO Volunteers |
No Charge |
|
Total |
$54,789.00 |
·
Cost
Savings, Set up & Operating Costs for Permanent Facility (from Actual
proposal):
|
|
$30,000 |
|
Possible DPPEA Grant |
(25,000) |
|
HHW DEHNR Permit,
Training, & Grant Application |
$2,200 to 3,500 |
|
Staffing |
Current |
|
Cost of Processing
Material |
$24,268 |
|
Total |
$32K - $57,000 |
·
Annual
cost of processing HHW with a permanent facility is 17% less than the prices
with the past single day event.
·
With
a successful grant, a permanent facility can process the same HHW/E as the
single day event for much less cost (almost the case without the grant).
3.
More
budget control
·
With
a permanent facility, we can close the facility if necessary when the budget is
expended.
·
With
a single day event, the impact on the budget is determined a month after the
event when the invoice is received.
·
Marcus Jones stated that
during the last Solid Waste Advisory Committee meeting, on November 19, the
Committee voted unanimously in favor of developing a permanent HHW/E center. This will be included in next year’s budget
if approved.
Commissioner McGrady made the motion that the Board approve
the development of a permanent
County Manager
The purpose of this
agenda item is to provide direction to staff regarding the revised policy as
per comments from the
The following changes
were noted:
1)
No
use of alcoholic beverages allowed in county facilities.
2)
Only
non-profit, educational, civic and cultural groups will be considered. Meetings must be open to the public.
3)
Solicitation
is not permitted within
Commissioner Williams made the motion that the Board approve
the County Facility Use Policy as revised
in discussion regarding item #2 above taking out non-commercial and
replacing it with non-profit, educational, civic and cultural groups. The motion passed 4-1 with Commissioner
McGrady voting nay.
RENEWAL OF MCCALLISTER LEASE
The proposed renewal of
the McCallister lease (Sheriff’s Department investigations division) was
provided to the Board. The new rent
amount is $2800.00 per month (previously $2700.00 per month). The new lease is for three (3) years, but may
be terminated upon three months notice.
Commissioner McGrady made the motion to conditionally
approve the new lease for the McCallister property as presented, subject to the
Chairman and
STAFF REPORTS
There was nothing
further at this time.
County Manager’s Report
County Manager
IMPORTANT DATES
20008 Board of Commissioners Retreat
Selena Coffey stated
that staff and the Board had discussed holding the annual retreat on
Chairman Moyer made the motion that the Board schedule the
2008 retreat for
Chairman Moyer noted the
Legislative Conference (NACo) in
Selena Coffey explained
that at the Animal Ordinance Public Hearing on December 11, Associate County
Attorney
Animal Services Director.
CANE CREEK WATER & SEWER DISTRICT – no business
CLOSED SESSION
Commissioner McGrady made the motion that the Board 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.
All voted in favor
and the motion carried.
Commissioner Williams made the motion to adjourn the meeting
at
Attest:
Teresa L. Wilson, Deputy
Clerk to the Board
William L. Moyer, Chairman