MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at
Those present were: Chairman Bill Moyer, Vice-Chairman
Also present were:
Planning Director Anthony Starr, Fire Marshal Rocky Hyder, Finance Director J.
Carey McLelland, Sheriff Rick Davis, Sheriff’s Department PIO Joe Johnson, Deputy
Clerk to the Board Terry Wilson, Engineering and Facility Services Director
Marcus Jones, Associate County Attorney
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance. He wished the citizens of
Sarah Zambon explained
that many different charitable activities were going on within different
departments in the county and the rest of the county was not aware of
them. She felt that there was a need for
coordination of the different activities and employees would have the
opportunity to work together in more than a work atmosphere and also give back
to the community.
PLEDGE OF ALLEGIANCE
Commissioner Young led
the Pledge of Allegiance to the American Flag.
INVOCATION
Commissioner Mark
Williams gave the invocation.
INFORMAL PUBLIC COMMENTS
There were none.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested
that two closed session items be added to the agenda.
Commissioner McGrady made the motion to adopt the agenda
with the addition of a closed session. All
voted in favor and the motion carried.
CONSENT AGENDA
Commissioner McGrady made the motion to approve the consent
agenda. All voted in favor and the motion carried.
Minutes
Draft minutes were
presented for the Board’s review and consent approval of the following meeting:
December 3, 2007, regular meeting
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, had presented the tax collector’s report dated December 7, 2007 for
the Board’s review and consent approval.
The following
information outlines collections information through December 6th
for the new 2007 bills, as well as vehicle bills.
Annual Bills G01 Only:
2007 Total Charge: $53,561,208.65
Payments &
Releases: 26,245,087.14
Unpaid Taxes: 27,316,121.51
Percentage collected: 49.00%
Motor Vehicle Bills G01
Only:
2007 Total Charge: $3,031,080.30
Payments & Releases:
2,089,498.22
Unpaid Taxes: 941,582.08
Percentage collected: 68.94%
Fire Districts All Bills
2007 Total Charge: $6,021,629.44
Payments & Releases:
3,079,347.93
Unpaid Taxes:
2,942,281.51
Percentage collected: 53.03%
20007 Strategic Plan & Capital Project Update
A monthly Strategic Plan
& Capital Improvements Plan update was provided for the Boards review.
Suggested motion: “I move that the Board accept this monthly
update for information purposes.”
Extension of Agreement
A draft Extension of
Agreement was provided which would extend Terry F. Lyda’s contract employee
status with the County from 30 June 2009 to 31 December 2009.
Suggested motion: “I move that the Board approve the Extension
of Agreement – Tax Collector.”
Water Line and Sewer Line Extensions
The City of
Staff recommended action
by the Board of Commissioners, either to grant or deny this request. If the
Board decides to approve the requested extension the following motion was
provided.
Suggested motion: “I
move the Board approve the waterline and sewer line extension for Phase II of
the Orchards at Flat Rock and direct Staff to convey the County’s comments to
the City of
Extension of McCallister Lease
A revised draft lease
for the McCallister property (HCSO investigations building) was included in the
agenda packet. It differs from the
previous draft in that the term is lengthened from three years to five, and the
rent escalates $1,200.00 per year for each year of the lease.
Suggested motion: “I move that the Board approve the
McCallister lease as presented.”
Update to Fee Schedule for Planning
With the adoption of the
Land Development Code some minor changes to the formatting of the fee schedule
are necessary. The proposed fee schedule
is consistent with the new terminology used in the Land Development Code.
Suggested motion: “I
move that the Board approve the fee schedule provided for the Planning
Department with any change noted by the Board.”
NOMINATIONS
Notification of Vacancies
The Board was informed
of the following vacancies which will appear on the next agenda for
nominations:
1.
2.
3.
Nursing/Adult
Care Home Community Advisory Committee – 12 vac.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
1.
Agriculture Advisory
Committee – 1 vac.
Commissioner Williams
nominated Richard Staton for position #2.
Chairman Moyer made the motion to
accept Mr. Staton by acclamation to position #2.
2.
Cemetery Advisory
Committee – 3 vac.
No nominations were made
at this time so this item was rolled to the next meeting.
3.
Child Fatality
Prevention Team – 1 vac.
No
nominations were made at this time so this item was rolled to the next meeting.
4.
Community Child
Protection Team (CCPT) – 1 vac.
Commissioner McGrady nominated Phyllis Bentley
for position #1. Chairman Moyer made the motion to accept Ms. Bentley by acclamation to
position #1.
5.
Environmental Advisory
Committee – 1 vac.
Chairman Moyer nominated
Jeff Jennings for position #2. Chairman Moyer made the motion to accept Ms.
Bentley by acclamation to position #1.
All voted in favor and the motion carried.
6.
Commissioner Young
nominated Fred Dorsey for position #7.
Commissioner McGrady stated that the work funneled through the MPO, both
its Transportation Advisory Committee and the Transportation Coordinating
Committee and suggested that the Board see if they could align some of the same
people that are representing the municipalities in the county with the
Transportation Advisory Committee to refrain from a complete disconnect. He also suggested that the By-Laws and the
make up of the Committee be looked into further for possible changes. Chairman Moyer stated that the Board would
have Anthony Starr and Jim Crafton look at the structure of the Committee with
possible suggestions. Chairman Moyer made the motion to accept Mr.
Dorsey by acclamation to position #7 subject to receipt of his
application. All voted in favor and the
motion carried.
7.
Chairman Moyer stated
that Jim Crafton was an alternate member and has shown interest in moving
up. He has served well and been in good
attendance. Chairman Moyer suggested
moving Jim Crafton up and then voting on a new person for the alternate
position. Commissioner McGrady withdrew
his nomination for Tedd Pearce.
Commissioner Young withdrew his nomination for Brandon Yelverton. Chairman
Moyer nominated Jim Crafton for position #1.
Chairman Moyer made the motion to
accept Jim Crafton to position #1 by acclamation. All voted in favor and the motion carried. Commissioner McGrady nominated Tedd
Pearce for alternate position #8.
Commissioner Young nominated Brandon Yelverton for alternate position
#8. Discussion was held in regards to
the possible conflict of an individual holding a position on both the Planning
Board and the Zoning Board. Chairman
Moyer felt the Board should talk with Mr. Pearce to determine if he wishes to
stay on the Planning Board for 6 more months.
It was determined that the alternate position would be rolled to the next
meeting.
8.
No nominations were made
at this time so this item was rolled to the next meeting.
9.
Home and Community Care
Block Grant Advisory Committee – 1 vac.
Chairman Moyer stated
that 3 members of the committee were employees of
10.
Juvenile Crime
Prevention Council – 6 vac.
No nominations were made
at this time so this item was rolled to the next meeting.
11.
Laurel Park Zoning Board
of Adjustment – 1 vac.
Chairman Moyer stated
that Mayor Henry Johnson had recommended appointment of Stephen R. Braznell for
position #1 and he placed Mr. Braznell’s name in nomination on behalf of Laurel
Park. Chairman Moyer made the motion to accept Mr. Braznell to position #1 by
acclamation. All voted in favor and the
motion carried.
12.
Nursing/Adult Care Home
Community Advisory Committee – 1 vac.
Terry Wilson informed
the Board that the Chair of the committee, Nuala Fay, recommends the
appointment of Paul Cianca for position #11. Commissioner McGrady made the motion
to nominate Paul Cianca to position #11. Chairman
Moyer made the motion to accept Paul Cianca to position #11 by
acclamation. All voted in favor and the
motion carried.
13.
Recreation Advisory
Committee – 1 vac.
Chairman Moyer stated
that two nominations were on the floor from the prior meeting for position #8,
Sue Myers and Hunter Marks. There were no other nominations. Clerk to the Board Elizabeth Corn polled the
Board with the following results:
|
Larry Young |
Charlie Messer |
William Moyer |
Mark Williams |
Chuck McGrady |
|
1. Sue Myers |
1. Hunter Marks |
1. Hunter Marks |
1. Sue Myers |
1. Hunter Marks |
Hunter Marks was appointed to position # 8 with three of the
five votes.
9. Senior Volunteer Services Advisory
Council – 1 vac.
No nominations were made
at this time so this item was rolled to the next meeting.
DANA ELEMENTARY SCHOOL CONSTRUCTION
County Manager
The Board of Public
Education has requested the Board of Commissioners’ appropriate the additional
funds necessary to complete the project.
Chairman Moyer stated
that a Joint Facilities meeting had been held with the representatives of the
School Board along with Commissioner Young and staff. This issue was discussed in great length and
one of the disturbing things to the Board and public was the fact that on a 2.5
million dollar bid the cost came in over a million dollars off. It is hard for the public and the Board to
come to grips with the fact that you can be that far off on a 2.5 million
dollar bid and it scares you to death to know what might happen on even bigger
projects. Since the time that the 2.5
million dollar bid was put on the table a refinement of the bid has gradually
been moving up to the 3.2 million dollar range.
Joint Facilities meetings were not held in the interim. The School Board felt that the Board of Commissioners
was made aware of the increase however the Board of Commissioners did not feel
that they were. The School Board has
looked at possible changes with the roof and whether or not they could stick
with the bid. The School Board has
looked at possible changes and they feel that without destroying the integrity
of the school and the project they believe that this is the best figure they
can deal with and that we should move forward.
Chairman Moyer feels that the Board of Commissioners have major issues
coming up with respect to maintenance cost, Mills River and Hillandale, and he
doesn’t think this is the place where the Board of Commissioners should start
having a battle. It is unfortunate that
the Board of Commissioners are now off budget but he recommended that the Board
of Commissioners approve the request and move forward with the school and learn
from the experience they’ve had about communication.
Chairman of the
Henderson County Board of Education, Ervin Bazzle, stated that the builder that
was building the major part, Buncombe Construction, was a person the School
Board was relying on for the number as they went through the process as well,
along with the architect. Buncombe
Construction no longer exists in that regard.
Buncombe Construction was saying as late as February of 2007 that they
could do the project for around $2.2 million.
Mr. Bazzle stated “our cost people were telling us in February that they
were worried about it, and we asked them to go back and give us hard numbers
and in April the cost people said it was a little more than $3 million. This information was conveyed to the Board of
Commissioners. The School Board came
forward to try to bid the alternates, to try to carve out pieces of the project
so if the numbers did jump on us at bidding we would be able to look at things
that could be eliminated.”
Chairman Bazzle feels
that in the future to improve or prevent this from happening the Board of
Commissioners should look at the process that the Board of Education went through. When estimates are given they should be keyed
as estimates. They should not be budget
numbers until you have some sort of solid verification from your cost people. You are always going to be time factored, so
when you are looking at a project that is a year or two out you have to build
something into that. Get closer to design
before you give the estimates to go into a budget and realize that these
numbers are flexible. The cost analysis
that is being done on every project in the county for the School Board and the
Board of Commissioners is a necessity that wasn’t being done five years ago
whenever the numbers were being generated.
He feels the engineering that has been going on some time is even more effective
now because of the eyes that were put on the project. If you can put some independent eyes on the
project, like they have for the last three projects the minimal cost certainly
helps with the cost estimate.
Further discussion
followed.
Chairman Moyer made the motion that the Board approve moving
forward with the Dana Project with the project bid at $3,653,698.00 and with
the understanding that there is sufficient money in the budget this year to pay
the debt service for the remainder of this year and the Board will deal with
the additional amount for debt service in next years budget along with other
factors. All voted in favor and the
motion carried.
ESTABLISHMENT OF CRITERIA FOR EVALUATING
CATEGORY THREE (3) SPECIAL INTENSITY ALLOCATIONS UNDER WATER SUPPLY WATERSHED
PROTECTION RULES
Anthony Starr stated
that the County administers State mandated water supply/watershed protection
rules, that is for the areas where there
is a public water system that intakes water from surface water such as French
Broad or
The County may issue
Special Intensity Allocations (SIA) on up to ten (10) percent of the total
acreage within the balance of specific watershed overlay sub-districts. Special Intensity Allocations (SIAs) allow
for the increase in impervious surface from the customary 12 or 24 percent
built-upon area to 70 percent built-upon area.
Special Intensity Allocations (SIAs) are granted in three (3) separate
categories. Categories 1 and 2, which
are approved administratively by the Watershed Administrator and together
account for no more than eight (8) percent of the acreage with the balance of
the watershed outside the critical area.
The Board of Commissioners is the approving agency for Category 3, which
includes applications for nonresidential development that come in after the
allocations in Category 1 and 2 have been exhausted and may account for more
than two (2) percent of the balance of the watershed outside the critical area.
Mills River Town Manager
Jaime Adrignola stated “There is some concern after looking over the criteria,
specifically in the WSIII. Some of the
criteria gets at noise, glare and landscaping, which we have our own ordinances
that look at those items since they are more of a zoning regulation as opposed
to affecting water quality. And so, in looking at the recommendations, I think
there could be a third recommendation. Whenever
the projects, which all of the projects that have been submitted for your 32
acres fall in the town of Mills River, fall in the Town of Mills River instead
of having a process that sends it to the County Planning Department and looking
at the Land Development Code, they go to the Town of Mills River staff to
evaluate against our zoning in our jurisdiction so that there is no conflict as
to what the county staff may require for landscaping versus what we require for
landscaping. Specifically looking from
the standpoint of somebody trying to do a project, they would be able to follow
the same process rather than having two different codes that they are trying to
navigate at the same time. The other
issue for watershed for
Processing Special
Intensity Allocations (SIAs)
1.
Pre-application
Conference - Each applicant for an SIA shall meet with the Watershed
Administrator prior to or at the time of submittal of an application.
2.
Application
- Each application for an SIA shall be submitted along with the appropriate
fee(s) and site plan to the Watershed Administrator. The Watershed Administrator shall determine
if the application is complete before it may proceed. Complete applications will be evaluated by
the Watershed Administrator and Board of Commissioners in the order received.
3.
Staff
review – The Watershed Administrator shall process all applications for an SIA
after submitted. The Watershed
Administrator shall consult with the Planning Department before sending a
recommendation on Category 3 SIAs to the Board of Commissioners and communicate
with the municipality staff if located in their jurisdiction.
4.
Formal
Review – The Board of Commissioners shall consider the SIA as an administrative
matter which does not require a public hearing.
5.
Validity
of SIA – The applicant shall have six (6) months from the date of issuance of
the SIA to obtain a building permit or begin substantial construction work on
the project. The Board of Commissioners
may grant a single extension of this time period of up to six (6) months upon
submittal by the applicant of sufficient justification for the extension via
written request. An SIA may not be
transferred to another parcel of land.
Commissioner McGrady made the motion that the Board approve
the criteria for Evaluating Category 3 Special Intensity Allocations with the
amendment of consultation with municipalities in Staff review and striking the
award of SIA in order of applications. All
voted in favor of the motion.
Chairman Moyer noted
that a citizen had arrived late and wanted to speak in reference to this
issue. It was the consensus of the Board
to allow the citizen to speak at this time.
Public Input
Dr. Stanley stated that
he had moved to
NOISE ORDINANCE
At the October 9, 2007
Public Hearing, the Board of Commissioners directed that staff revisit the
Noise Ordinance and determine the most effective enforcement mechanisms for the
Ordinance. Staff has reviewed and
revised the Ordinance based on the Board’s comments during the Public Hearing
and submits a draft for Board review and discussion.
·
Enforcement
Authority. Designated the Sheriff’s
Department as the enforcement authority and removes references to the Code
Enforcement Officers and Animal Services Officers.
·
Impoundment
of Barking Dogs. Provides for the
impoundment of barking dogs violating the Ordinance for one day. Impounded dogs would be subject to Animal
Ordinance guidelines.
The Board was provided
with the proposed Noise Ordinance as well as a one-page enforcement overview.
Chapter 125 of the
Henderson county Code is hereby amended by striking the same.
A new Chapter 125A of
the Henderson County Code is ordained, as follows:
Chapter 125A: NOISE
Sec.125A-1. Authority, title
This Chapter is hereby adopted under the
power and authority granted to counties by N.C.G.S. 153A-121 and N.C.G.S.
153A-133, and shall be known and may be cited as the “Henderson County Noise
Ordinance.”
Sec 125A-2 Jurisdiction
This chapter shall apply
to all unincorporated areas of
Sec. 125A-3 Loud and disturbing noise
(A) Subject to the
provisions of this section, it is prohibited in
(1)
Unreasonably
Loud. Noise which is substantially incompatible with the time and location where
created to the extent that it creates an actual or imminent interference with
peace and food order.
(2)
Disturbing. Noise which is perceived by a person of
ordinary firmness and sensibilities as interrupting the normal peace and calm
of the area.
In determining whether a
noise is unreasonably loud and disturbing, the following factors incident to
such noise are to be considered: Time of
day; proximity to residential structures; whether the noise is recurrent,
intermittent or constant; the volume and intensity; whether the noise has been
enhanced in volume or range by any type of mechanical means; the nature and
zoning of the area; whether the noise is related to the normal operation of a
business or other labor activity or is the result of some use for individual
purposes; and whether the noise is subject to being controlled without
unreasonable effort or expense to the creator thereof.
(B) The following acts,
among others, are declared to be loud and disturbing in violation of this
section if they annoy or disturb the quiet, comfort or repose of any reasonable
person of ordinary firmness and sensibilities in the vicinity where created,
caused, or continued, but this enumeration shall not be deemed to be exclusive.
(3)
The
use of any loud, boisterous or raucous language, yelling, or shouting, whether
or not amplified.
(4)
The
congregation of persons at and participation in any party or gathering of
people from which noise emanates of a sufficient volume or of such nature as to
disturb the peace, quiet and comfort of any reasonable person of ordinary
firmness and sensibilities in the vicinity.
(5)
The
keeping, owing, possessing, harboring or controlling of any animal or bird
which barks, bays, yelps, howls, cries, squawks or makes any other unreasonably
loud disturbing noise continuously or incessantly for a period of 10 minutes or
intermittently for a period of 30 minutes or more thereby causing a noise
disturbance.
(6)
The
playing of any radio, television, phonograph, drum, musical instrument, or
sound production, reproduction or amplification equipment in such manner or
with such volume, particularly during the hours between 11:00 p.m. and 7:00
a.m., so as to annoy or disturb the peace, quiet, comfort or repose of any
person of ordinary firmness and sensibilities in the vicinity.
(7)
The
playing of any radio, cassette player, compact disc, or other similar device
for production or reproduction of sound located in or on any motor vehicle on a
public street, highway, within a public vehicular area, within the motor
vehicular area of any public or private parking lot or park or on the premises
of a private residence in any unreasonably loud or disturbing manner as defined
above.
(8)
The
intentional sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle except as a danger signal or as required by
law, so as to create any unreasonably loud or disturbing noise as defined
above, or the sounding of such a device for an unnecessary and/or the sounding
of such a device for an unreasonable period of time.
(9)
The
operation of any automobile, motorcycle or other vehicle, or remote control
model vehicle in such a manner as to create loud grating, grinding, rattling,
screeching of tires, or other unreasonably loud or disturbing noise.
(10)
The
repair, rebuilding or testing of any motor vehicle, particularly during the
hours between 11:00 p.m. and 7:00 a.m. which creates unreasonably loud and
disturbing noises.
(11)
Operating
or permitting the operation of any motor vehicle or motorcycle not equipped
with a muffler or other device in good working order so as to effectively
prevent loud or explosive noises there from, or which has its muffler-exhaust
or other noise control equipment removed, altered or maintained in such
disrepair as to create unreasonably loud and disturbing noises.
(12)
Operating
or permitting the operation of any motor vehicle or motorcycle that engages in
jackrabbit starts, spinning tires, racing engines or other operations which
create unreasonably loud and disturbing noises.
(13)
The
creation of any excessive noise on any street adjacent to any school,
institution of learning, library or sanitarium, or court while the same is in
session, or adjacent to any hospital or any church during services, which
unreasonably interferes with the working of such institution.
(14)
The
firing, shooting or discharging of any firearm for the sole purpose of making
noise or disturbance.
Sec. 125A-4 Exceptions
(A) The following uses and
activities, among others, are not governed by and shall be exempt from the
noise ordinance set forth in this chapter.
It is expressly provided, however, that the following enumeration shall
not be deemed or considered exclusive, and any activity that is not expressly
prohibited as set forth in Section 125A-3 shall be exempt from this chapter.
(1)
Noise
made by dogs while they are being lawfully used for hunting or taking wildlife,
and noise made by dogs during the course of lawful training by hunters,
pursuant to N.C.G.S. Chapter 113.
(2)
Noise
associated with or resulting from the normal operations of any facility that is
properly licensed by the North Carolina Department of Agriculture, Veterinary
Division, as a boarding kennel, pet shop or dealer, in accordance with the
North Carolina Animal Welfare Act (N.C.G.S. Chapter 19A-20 et seq.), as may be amended, or from any animal shelter that is
operated by Henderson County.
(3)
Noise
associated with any legal operations of any firearms club, or association
legally established.
(4)
Noise
caused by the discharge of firearms by law enforcement officers in the
performance of their official duties or during the course of official firearms
training.
(5)
Noise
resulting from farming operations, including but not limited to noises
generated by machinery, equipment and farm animals.
(6)
Noise
associated with any event held in recognition of a community celebration of
national, state or county events or public festivals.
(7)
Noise
associated with any public or private school activity or camp activity (defined
as any function or activity approved by or generally associated with any
recognized public or private camp for children accredited by the American Camp
Association, but not including activities associated with campgrounds available
to the public for overnight camping), except that it shall be unlawful for any
person to use any unreasonably loud, disturbing, boisterous, raucous language
or shouting in violent or offensive manner while attending such
activities.
(8)
Noises
associated with the chimes or bells of business, schools, camps or religious
institutions in the daytime hours, provided that they operate for no more than
10 minutes in any hour.
(9)
Non-amplified
crowd noise resulting from activities by student, government, camp or community
groups.
(10)
Noise
associated with or resulting from operations of any construction, commercial,
industrial or agricultural activities or operations, except for electronically
amplified sound and acts prohibited by Section 125A-3.
(B) If any exceptions stated
in this Chapter would limit obligation, limit liability or eliminate either an
obligation or a liability, the person who would benefit from the application of
the exception shall have the burden of proving that the exception applies and
that the terms of the exception have been met.
Sec. 125A-5 Noise Complaint Procedure
In the event any person
has reasonable grounds for believing that any provision of this Chapter is
being violated, he may make a report thereof to the Henderson County Sheriff’s
Department, which shall investigate the alleged violation. If any such investigation reveals a
violation, the investigating deputy has the authority to cause a written
complaint to be made, and may obtain criminal process for violation thereof,
may issue a citation for a civil penalty, and may obtain other enforcement
measure as allowed in this Chapter.
Criminal process for violation of this Chapter may only be obtained by
personnel from the Henderson County Sheriff’s Department.
Sec. 125A-6 Violations and penalties,
enforcement
This chapter shall be
enforced in accordance with any and all of the provisions of N.C. Gen. Stat.
§153-A-123, and of Article II of Chapter I of the Henderson County Code.
In the case of second or
subsequent violations of Sec. 125A-3(b)(3), any animal which upon investigation
by Deputy Sheriff is found to be creating the noise which causes the violation
of Sec. 125A-3(b)(3) may in the discretion of such deputy be impounded by the
Sheriff’s Department and confined in the county animal shelter in a humane
manner until the next business day for the shelter. The owner of such animal may redeem the
animal upon payment of applicable fees.
If the animal is not redeemed within five days of impoundment, then such
animal may be offered for adoption or destroyed in a humane manner pursuant to
Section 66A-14 of the Henderson County Code.
Impoundment of such an animal shall not relieve the owner thereof from
any penalty, civil or criminal, which may be imposed for violation of this
chapter.
Any Deputy Sheriff of
NOISE ORDINANCE
ENFORCEMENT OVERVIEW – Based on 12-19-07 Proposed Draft
(I) Enforcement Authority
Staff
proposes that the Noise Ordinance be enforced by the Henderson County Sheriff’s
Department. The Ordinance provides the
Sheriff’s Department the authority to obtain criminal process, issue a citation
for a civil penalty, and obtain other enforcement measures allowed.
(II) Violations and Penalties
·
Addressing
the Issue of Barking Dogs: The proposed
Ordinance permits the Sheriff’s Department to impound a barking dog at the
County Animal Shelter at the Deputy’s discretion for the second or subsequent
violation until the following business day for the shelter. This should provide a “cooling off” period in
which those being impacted by the barking dog are given some degree of relief. The impoundment guidelines used in this
instance would correspond with those found in the County’s Animal Ordinance,
Section 66A-14.
o
Impoundment
Guidelines (Per Animal Ordinance Section 66A-14):
(A) Animal must be reclaimed
by owner within 5 days of impoundment.
(B) If the animal is not
reclaimed within 5 days, the animal may be adopted out or euthanized.
(C) Reclaim fee is currently
$30 plus $3 each day that the animal is kept at the shelter.
·
Addressing
Other Noise Violations: The proposed
Ordinance permits the Sheriff’s Department to obtain criminal process for noise
violations. In so doing, a violation
would constitute a Class 3 misdemeanor and may be punishable by fine up to a
maximum of $500.
(III) Key Issues
·
The
Noise Ordinance provides discretion to the investigating Deputy to determine
what noises are considered ‘reasonable’ and ‘unreasonable’.
·
Investigations
of Ordinance violations would include the use of cameras being staged to record
violations for use as evidence. This
draft does not include the use of decibel meters as was written into the
previous Ordinance.
·
The
Board of Commissioners may wish to issue an additional fine for repeat
offenders regarding barking dog issues.
This language is not included in this draft, but may be appropriate.
(IV) Resources
·
Enforcement
of the Noise Ordinance will require the purchase of 5 cameras and tripods for
capturing evidence of violations.
·
Additionally,
the reassignment of the Animal Control function to the Sheriff’s Department
will provide for better service in enforcing barking dog issues covered in this
Ordinance.
Sheriff Rick Davis
stated that one of the reasons that the current Ordinance was not enforceable
was that it depended on a particular device to measure a particular decimal of
sound. That decimal was actually raised
by the Board once we got them. Our
deputy’s were going out and trying to measure but the threshold was never
tripped. The Sheriff’s Department requested
the removal of any provision where a type of device like that is used. To make this affective Sheriff Davis wants
every Deputy in the department to be able to go out to a noise call and attempt
to take action immediately. Sheriff
Davis feels that the Ordinance provides the tools necessary to enforce what the
Board is looking for in this area, specifically when it comes to barking dogs if
Animal Services is assimilated into the Sheriff’s Office.
District Attorney Jeff
Hunt stated that he felt that the new draft Ordinance puts the District
Attorneys in the best possible position to enforce violations of the Noise
Ordinance not only as it relates to barking dogs but any kind of noise. He was concerned with the fact that an animal
that was not reclaimed within 5 days may be euthanized. It was possible that the offender could win
the court case after the animal had been euthanized.
Commissioner McGrady made the motion that the Board of
Commissioners adopt the revised Noise Ordinance and direct that enforcement
begin on January 1, 2008. All voted in
favor and the motion carried.
Chairman Moyer requested
that a quarterly report be done to keep the Board informed on the progress of
the Ordinance. He also would like to
receive a memo in regards to the community education plan with respect to the
Ordinance.
RESOLUTION APPROVING GRANT APPLICATION CLEAN
WATER MANAGEMENT TRUST FUND GRANT
The purpose of this
agenda item is to present for the Board’s approval a resolution which was
provided. The resolution will be
included in the County’s Clean Water Management Trust Fund Grant Application
for a Stormwater Master Plan. The
application was approved during the Board’s September 19, 2007 meeting. The project cost for the Stormwater Master
Plan will be $70,000. If successful, the
grant will provide $50,000. The County’s
share of $20,000 is included in the FY08 Budget.
Marcus Jones stated that
this was part of the application process for the Clean Water Management Trust
Fund Grant that the Board authorized at a previous meeting. Approval of the Resolution approving Grant
Application was requested and will be included with the Clean Water Management
Trust Fund Grant application.
Commissioner McGrady
made disclosure of the fact that he sits on the Clean Water Trust Fund
Board. He did not feel that there was
any conflict of asking for money for the Board that he sits on. He would be recused when it comes to the
matter of the Clean Water Trust Fund. The Commissioners were in agreement that there
was no conflict.
Commissioner Young made the motion that the Board approve
the “Resolution Approving Grant Application” for the Clean Water Management
Trust Fund Grant Application for a Stormwater Master Plan. All voted in favor and the motion carried.
BREAK
A five minute break was
taken.
HIGHWAY 64 WEST LETTER OF SUPPORT
NCDOT Project U-4428 is
designed to widen Highway 64 to relieve traffic congestion along that
route. Specifically, the project is designed
to allow for three lanes the length of the project. A center turn lane at
Commissioner Young made the motion that the Board authorize
the Chairman to sign a letter in support of the Highway 64 West widening
project. All voted in favor and the
motion carried.
ANIMAL ORDINANCE REVISIONS
At the December 11, 2007
Public Hearing on the Animal Ordinance, the Board of Commissioners asked that
this issue be placed on this agenda in order to provide direction to staff with
regard to the Animal Ordinance revisions.
Selena Coffey stated
that the Board had heard from the public at the December 11 Public Hearing on
the Animal Ordinance. There have been no
changes to the Ordinance at this point since the hearing and staff requests
that the Board give them direction as to how they would like to proceed; to
send the ordinance back to the Advisory Committee to make changes or not.
Chairman Moyer stated
that when the public hearing was held the Board had decided to give direction
to staff at this meeting with respect to the matter. He had sent memos to each staff member after
going over the comments and discussion.
He was not ready to move forward at this time with mandatory
spay/neutering throughout the entire county and felt the draft ordinance of
revisions should be sent back to staff and asked that they make revisions and
bring it back to the Board by February 4, if possible. He hopes the Board will be able to adopt the
ordinance at that time. Chairman Moyer
suggested that staff strike the countywide spay/neuter requirement except for
the animals which are adopted from the shelter.
As to Commissioner Williams comments, he agreed that the livestock
section should be sent to the Agriculture Advisory Board to see if they have
any comments or suggested revisions. The
fee schedule needs to be cleaned up with necessary changes to accommodate and
make sure the county has adequate enforcement with whatever staff may
recommend, and any other changes that may be necessary to reflect the recently
adopted Land Development Code.
Commissioner McGrady
stated that the spay/neutering provision in the draft ordinance included a
micro-chipping provision. He questioned
what the Boards thoughts were if they were not doing spay/neuter for offenders,
what about the micro-chipping provision?
Chairman Moyer stated
that he felt staff would recommend that the micro-chipping be kept in the
process.
Discussion followed.
There was nothing
further at this time.
County Manager Steve
Wyatt stated that copies were available of the annual report for the public
which included highlights of the past fiscal year and statistical information
regarding county operations.
Via email he had
received a report that Western Highlands and Pardee have reached an agreement
on the first phase of the project to evaluate the continuation of the
detoxification facility and looking at the possibility of developing a crisis
intervention or crisis bed capacity here in Henderson County.
The final walk through
for the Etowah Branch Library is scheduled for December 20, 2007 with the
Construction Manager Gary Tweed, contractors, and architects. This project is nearing its completion. Staff continues to receive inquiries about
the current facility and he requested that the Board think about the future of
this facility down the road.
IMPORTANT DATES
The Board was reminded
of the January 17, 2008 Board of Commissioners Retreat (workshop) at the
CANE CREEK WATER & SEWER DISTRICT
Commissioner McGrady made the motion that the Board adjourn
as the
Commissioner McGrady made the motion that the Board adjourn
as Cane Creek Water & Sewer District and reconvene as the
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.
All voted in favor
and the motion carried.
ADJOURN
Commissioner McGrady made the motion to adjourn the meeting
at
Attest:
Teresa
L. Wilson, Deputy Clerk to the Board
William L. Moyer, Chairman