MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 5:30 P.M. in
the Commissioners' Meeting Room of the Historic Courthouse on
Those present were: Chairman Bill Moyer, Vice-Chairman
Also present were:
Planning Director
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Sara Smith, of the
INVOCATION
Commissioner Mark
Williams gave the invocation.
RECOGNATION OF
County Manager
Library Director Bill
Snyder explained, as the library enters its 95th year of service in
2009, we have enjoyed a history of great support from the community. The American Public Library rating index
began about eleven years ago and it is a way of measuring how well libraries
are doing. It looks at input measures as
well as output measures. This is the
sixth year in a row that Henderson County Library has received this award.
New Etowah Library
In December the North
Carolina Public Library Directors met at their annual meeting in Greensboro and
a certificate of recognition was presented to the Henderson County public
library for the outstanding new facility under 10,000 square feet, the Etowah
Public Library. Mr. Snyder presented the
award to the Board of Commissioners and thanked them for their support in
making this project possible.
A round of applause was
received.
INFORMAL PUBLIC COMMENTS
Chairman Moyer asked
each person who had signed up for informal public comments to please limit
their comments to about 3 minutes each.
1.
2.
Melissa
Myers – Ms. Myers attended the Animal Services Committee meeting and she was
very disappointed. She was told that
there was nothing they could do which followed a comment “We can make it
stricter, but we can’t make it looser”.
They could do more things to make it safe but couldn’t loosen it up for
other things. She requested that the
ordinance be written to be more specific to a pit bull and was told this could
not be done. Will it take a dead body of
a child being presented before the opportunity is taken to strengthen the
Ordinance? The City’s Ordinance is much
stronger than the County’s. Ms. Myers
daughter continues to have nightmares and is afraid to go to the car after the
neighbor’s pit bull attacked their dog.
She was not asking that pit bulls be banned from the County, only that
owner’s of pit bulls in communities where small children and elderly live,
confine the dogs in a way that will keep them from harming anyone else.
3.
Bob
Williford – Mr. Williford is president of the Henderson County Chamber of
Commerce. The first phase of the Shop and
4.
Diane
Dotson – Ms. Dotson is a third grade teacher at
5.
Karen
Mathiesen - Ms. Mathiesen is a teacher at
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested
that discussion item B – Immigrations and Customers Enforcement (ICE) Update
and discussion item F – Vehicle Assessment Policy be moved to the end of
discussions, that update of pending issues be added following the last
discussion item to include 1) Regional Water Task Force update, 2) Water Supply
and Distribution Task Force update, 3) Request for letter of support to NCDOT
for possible installation of traffic light at Park Ridge Hospital, 4) Raw water
intake from French Broad by City of Hendersonville, and 5) Lake Adger update,
and the addition of a Public Hearing for possible economic incentives for Borg
Warner (Project ARP).
Commissioner McGrady made the motion to approve the agenda
with the additions and changes requested.
All voted in favor and the motion carried.
CONSENT AGENDA
Chairman Moyer requested
that the minutes from November 14 and November 19 be pulled from the consent
agenda for minor changes.
Commissioner McGrady made the motion to adopt the consent
agenda minus the November 14 and November 19, 2008 minutes. All voted in favor and the motion carried.
Minutes
Draft minutes were
presented for Board review and consent approval of the following meeting:
December 1, 2008 – Regularly Scheduled Meeting
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, provided the Tax Collector’s Report for information only dated December
29, 2008.
Financial Report/Cash Balance Report – November 2008
The Financial Report and
Cash Balance Report for November 2008 were presented for the Board’s review and
consent approval.
The YTD deficit in the CDBG-Scattered Site
Housing Fund, the CDBG-Shuey Knolls Project Fund, the Lewis Creek Restoration
Project Fund and the Public Transit Fund are temporary due to the timing of
actual expenditures and the subsequent reimbursement of the expenditures from
grant funds in succeeding months.
Suggested Motion:
I move the Board of
Commissioners approves the November 2008
Henderson County Public Schools Financial Reports – November
2008
The Public Schools
Financial Reports for November 2008 were presented for the Board’s information
and consent approval.
Suggested Motion:
I
move the Board of Commissioners approves the November 2008 Henderson County
Public Schools Financial Reports as presented.
The EMS Accounts
Receivable Report was provided as information for the Board. An aging analysis
of accounts receivable and total revenues received to date for the current
fiscal year was included in the report as of November 30, 2008.
The billing process for
Staff requested the
Board consider approving the EMS Accounts Receivable Report as presented for
the period ending November 30, 2008.
Suggested Motion:
I
move the Board of Commissioners approve the
Public Records Disposal Request
Staff requested approval
from the Board of Commissioners to destroy the records on the provided records
list on a Public Disposal Request and Destruction Log in accordance with the
County’s Record Retention Policy and the provisions of N.C.G.S. 105-282.1 as
the period of these records has expired.
A copy of said list will be attached hereto and incorporated as a part
of the minutes.
Suggested Motion:
I move the Board of Commissioners
approves the Public Records Disposal Request and Destruction Log.
Extension of Special
Intensity Allocation (SIA) permits for WS-2008-05-01 (Village Green at
H. M. “Skip” Dunn, Member, Village Green at
Mills River, LLC requested a single six month extension for the Special
Intensity Allocation (SIA) permit that was approved by the Board of Commissioners
at their May 21, 2008 regular meeting. Mr.
Dunn requests this extension to provide enough time to finalize the financing
that is required to construct the project as submitted. The Property Identification Number (PIN) is
9631-83-6963 and is approximately 2.07 acres.
The Land Development Code Article 200A-324.E
states “Upon the approval of an SIA, the applicant shall have six (6) months
from the date of issuance thereon to obtain a building permit or begin
substantial construction progress within six (6) months shall render the SIA
void. The approving authority (Watershed
Administrator or the 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.” The applicant received the permit on June 5,
2008 and the permit expired on December 5, 2008. The applicant did request an extension on
December 4, 2008 therefore the permit had not expired.
The Watershed Administrator recommends approval
of project as submitted. The Planning
Department and The Town of Mills River staff has no objections to the
extension.
Suggested
Motion:
I move that the Board approves the application for
Approval
of the Low Bid and Funding for Sheriff’s Department Patrol Vehicles
On December 1, 2008, the Board of Commissioners
approved the purchase of six (6) Sheriff’s Department Patrol Vehicles and
directed that bids be obtained. Formal
bidding was conducted by Sheriff’s Department personnel between December 5 and
December 12, 2008. The lowest,
responsive bidder for six (6) 2009 Dodge Chargers was Ilderton Dodge at $21,547
per vehicle for a total of $129,282. The
Board is required to approve the lowest responsive bidder in a formal bidding
process.
Since the number of patrol vehicles approved for
purchase is far less than the original number anticipated, Staff is requesting
approval of the attached budget amendment to move budgeted debt service funds
to the Sheriff’s Department to pay cash for the vehicles instead of financing
as previously planned for a larger number of vehicles for multiple departments.
The Board is requested to accept the low bid,
authorize the Sheriff’s Department to purchase the vehicles and approve the
budget amendment provided with the agenda.
Suggested
Motion:
I move the Henderson County Board of Commissioners accepts
the low bid from Ilderton Dodge for
the purchase of six (6) 2009 Dodge Chargers, authorize the Sheriff’s
Department to make the vehicle purchases and approve the budget amendment
provided for funds necessary to pay cash for the vehicles.
Henderson
County Public Schools 2008-2009 Capital Budget First Quarter Report and
Volunteer Days
The Henderson County
Public Schools 2008-2009 Capital Budget First Quarter Report and Volunteer Days
were presented for the Board’s review and consent approval.
Petitions for addition to
It has been the practice
of this 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.
The following petitions
for addition to the
Conger Drive and Curtis
Drive in Crab Creek Meadows Subdivision
Kingdom Place in
Circle
Peaceful
Streamside Drive in
Timber Nook Subdivision
Roasted Chestnut Trail
in Chestnut Ridge Subdivision
Suggested Motion:
I move that
the Board approves the petitions and forward them to NCDOT for action.
Resolution for Support for YouthBuild of
The Board of
Commissioners was requested to adopt a resolution in support of the YouthBuild
of Western North Carolina program.
YouthBuild is a comprehensive youth and community development program
which addresses several core issues facing low-income communities such as
education, housing, jobs and leadership development. A copy of the resolution is attached hereto
and incorporated as a part of the minutes.
Suggested Motion:
I move the Board of Commissioners adopts
the Resolution of Support for YouthBuild of
Tax Collector’s Settlement (interim)
As Terry F. Lyda, Tax
Collector, has retired, you must receive and accept from him a report settling
his collections on your behalf since your charge of him to collect taxes for
fiscal year 2008-2009.
Suggested Motion:
I move that the Board accepts the tax
collector’s settlement for the period through the retirement of Terry F.
Lyda. I further move that the bonds, the
order of collection and the charge for collection to the Tax Collector for
Fiscal Year 2009 taxes approved by this Board on 12 August 2008 apply to any
successor Tax Collector appointed by this Board today, including any interim
Tax Collector so appointed.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear on the next agenda for
nominations:
1.
Child Fatality
Prevention Team – 1 vac.
2.
3.
Environmental Advisory
Committee – 1 vac.
4.
5.
Library Board of
Trustees – 1 vac.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
1.
CJPP (Criminal Justice
Partnership Program) - 2 vac.
There were no nominations at this time so this
item was rolled to the next meeting.
2.
There were no
nominations at this time so this item was rolled to the next meeting.
3.
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.
5.
Historic Resources
Commission – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
6.
Home and Community Care
Block Grant Advisory Committee – 2 vac.
A recommendation had
been made and Chairman Moyer nominated Dauna Donato for position #5 and
Catherine Lee for position #7. Chairman Moyer made the motion to accept the
appointment of Dauna Donato to position #5 and Catherine Lee to position #7 by
acclamation. All voted in favor and the
motion carried.
7.
Industrial Facilities
and Pollution Control Financing Authority – 1 vac.
The vacant position was
the Chair Herb Young, Jr. Mr. Young has
recommended that current member Diane Grant be appointed as new Chair. Chairman Moyer nominated Diane Grant as Chair
for the Industrial Facilities and Pollution Control Financing Authority. Chairman
Moyer made the motion to accept the appointment of Diane Grant as Chair by
acclamation. All voted in favor and the
motion carried.
8.
There were no
nominations at this time so this item was rolled to the next meeting.
9.
Juvenile Crime
Prevention Council – 9 vac.
A recommendation had
been made by the JCPC to nominate of Joseph Glowacki for position #20. Commissioner McGrady nominated Joseph
Glowacki for position #20. Chairman Moyer made the motion to accept the
appointment of Joseph Glowacki to position # 20 by acclamation. All voted in favor and the motion carried.
10. Local Government Committee of Cooperative Action (LGCCA) – 2
vac.
There were no
nominations at this time so this item was rolled to the next meeting.
11. Senior Volunteer Services Advisory Council – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
12. Water Supply and Distribution Task Force – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
APPOINTMENT OF INTERIM TAX COLLECTOR
Unless the Board is
ready to move with a permanent appointment, it is suggested that an interim Tax
Collector be appointed for a period of approximately forty-five (45) days.
Chairman Moyer stated
that Terry Lyda had retired after thirty-three years with the County and no
action had been taken with respect to this position. The Board will need to fill the position with
an interim Tax Collector and put bonds on them while they determine what the
next course of action will be.
Chairman Moyer made the motion that the Board appoints Stan
Duncan as interim Tax Collector, to serve for a period of forty-five (45) days
or until a Tax Collector is named by this Board, whichever may first
occur. I further move that all bonds
obtained by and for Terry Lyda as Tax Collector be made to apply to and provide
coverage to the County for the said interim Tax Collector. All voted in favor and the motion carried.
County Manager
Chairman Moyer stated
that a number of counties had moved to various forms of consolidations of the
Tax Collectors Office and the Assessors Office.
He felt it was important to get this input and we are in a good position
that the tax collectors group can continue to function as effectively as they
are.
Commissioner Messer felt
that
Commissioner Young and
Commissioner Williams questioned the cost of the assessment.
Chairman Moyer thought
the only cost would be time for the people that performed the assessment at a
cost of less than $5,000.00.
Mr. Wyatt stated that
this figure was a couple of years old and he did not want to misquote it. He felt it would be in the $5,000 to $7,000
range.
Chairman Moyer
questioned if the Board would be willing to vote if a maximum cost of $6,500
were placed on the motion.
Chairman Moyer made the motion that the Board authorizes the
Planning Director
Anthony Starr explained that four resolutions were provided and were required
for the County to begin the 2008 Scattered Site Housing Community Development
Block Grant which included:
1.
A
Resolution to Adopt the Required CDBG Policies, Procedures and Plans for the
Program
2.
A
Fair Housing Resolution
3.
A
Resolution Authorizing the Planning Director to Sign DCA Reports and Documents
4.
A
Resolution Adopting a Post Rehabilitation Subordination Policy
The Policies, Procedures
and Plans were also provided and may be adopted under one motion by the
Board. The other three resolutions each
require separate Board action.
Planning Staff
recommended that the Board of Commissioners approves and individually adopts
the resolutions in the order presented as required by the 2008 Scattered Site
Housing Grant.
Commissioner McGrady made the motion that the Board approves
and adopts the resolution required for the policy, procedure and plan documents
for the 2008 SSH CDBG grant. All voted
in favor and the motion carried.
Commissioner McGrady made the motion that the Board approves
and adopts the Fair Housing Resolution.
All voted in favor and the motion carried.
Commissioner McGrady made the motion that the Board approves
and adopts the Resolution Authorizing the Planning Director to Sign DCA Reports
and Documents. All voted in favor and
the motion carried.
Commissioner McGrady made the motion that the Board approves
and adopts the Resolution Adopting a Post Rehabilitation Subordination
Policy. All voted in favor and the motion
carried.
DANGEROUS/POTENTIALLY DANGEROUS DOGS
Chairman Moyer stated
that over the past several years there have been a number of issues with
respect to the
Animal Services Group
and working with other non-profits in the area coordinating with them with
respect to animal issues. Some possible
changes have been made at Animal Services.
The volunteer program is
also going well. We have regular
orientations for volunteers where the volunteers are given the opportunity to
learn how we do business at the shelter, they learn a number of safety precautions
that must be used when working with the animals, and they learn how to take
folks around and show them the animals that are up for adoption. In addition, Mr. Rayfield has put into place
educational classes being held about every other month for folks to attend as a
part of the responsible pet owners program.
We recently held a
rabies vaccination clinic sponsored by Community Partnership for Pets, Humane
Society and
Per the Board of
Commissioners’ direction staff placed the County’s Dangerous/Potentially
Dangerous Dog Ordinance on the agenda for discussion. A copy of the current Ordinance regarding
dangerous/potentially dangerous dogs was provided for the Board’s review and
discussion. Animal Enforcement staff and
staff from the
As the Board is aware,
staff and the Animal Services Advisory Board annually reviews and recommends
amendments to the County’s Animal Ordinance.
Staff is currently finalizing amendments to the Animal Ordinance that
were reviewed by the Animal Services Advisory Board at their December 11, 2008
meeting. However, the Animal Advisory
Committee made no substantive amendments to the Dangerous/Potentially Dangerous
Dog section of the Ordinance during that meeting.
The Henderson County
Animal Ordinance does include a section 66A10-10 specifically regarding
dangerous or potentially dangerous dogs.
John Ashe, one of the animal enforcement officers, was present to answer
possible questions.
Chairman Moyer made
reference to a comment by a citizen, Melissa Myers, at the beginning of the
meeting in regards to
County Attorney
County Manager
Existing Ordinance
Are there exceptions?
A dog shall not be
deemed dangerous solely because it bites, attacks, or menaces:
·
Anyone
assaulting the owner or trespassing on the owner’s property;
·
Any
person or other animal that has tormented or abused it; or
·
While
protecting or defending its young.
How is a Dog Deemed
“Dangerous” or “Potentially Dangerous”?
·
Declaration
of dangerous/potentially dangerous dog is by the Animal Service Director. When a report is received and investigated,
the Director determines whether, in the Director’s opinion, the animal fits the
ordinance’s criteria.
·
Any
person who owns a dog that has been declared dangerous/potentially dangerous
has the right to appeal this decision to the Appellate Board.
Consequences of Deeming
a Dog “Dangerous” or “Potentially Dangerous”
Among other things:
The owner must (except
when the dog is muzzled and controlled):
·
(a)
Confine the dog within the owner’s residence or (b) confine the dog in a securely
enclosed and padlocked pen with a concrete bottom and secure top with 30
days. The structure must be secured by a
child-resistant lock.
·
Post
a warning sign.
·
Insure
that the dog at all times remains enclosed or controlled and muzzled as to meet
the requirements of this chapter.
·
Demonstrate
that such dog has been tattooed on the inside of the right hind leg with an
identification number or had a microchip implanted as directed by the Animal
Service Director.
Penalties
Violation of the
Ordinance is a criminal general misdemeanor (and requires the dog being put
down).
Civil penalties for
dangerous/potentially dangerous dog:
·
Unattended
dog - $500 per day
·
Dog
without tattoo/microchip - $500 per day
At this time there is no
breed specific language in the ordinance.
In the past a breed specific ordinance was viewed as very difficult
because the breed that makes up a pit bull is not a recognized breed by AKC or
any other kennel club. There are a
number of dogs that could be characterized as pit bulls but you cannot
scientifically tell what kind of dog they are.
Staff recommends that
the Board of Commissioners review, discuss and give direction to staff
regarding the Ordinance, including making any changes as the Board feels
appropriate.
Discussion followed.
Chairman Moyer asked
that
FEDERAL INFRASTRUCTURE STIMULUS
County Manager
Capital Improvement Plan
Projects
|
Type of Project |
# of Projects |
Estimated Costs |
|
School
Construction/Community College |
7 |
$37,000,000 |
|
Water/Waste Water
Projects |
|
|
|
Court Facilities |
|
|
|
Jails and Public
Safety Facilities |
2 |
$23,000,000 |
|
Other County Buildings |
2 |
$6,000,000 |
|
Recreation Facilities |
2 |
$4,000,000 |
|
Broadband Deployment |
|
|
|
Green Infrastructure
Projects |
|
|
|
|
|
|
|
Other |
|
|
|
Project Name |
Project Need |
|
|
New facility to
centralize Sheriff’s Dept. Divisions and additional square footage due to
growth in the Department. Relieve
Courthouse overcrowding – State mandates. |
|
|
Expansion of current
Detention Center Facility – additional 120 beds due to increased inmate
population/relieve overcrowding |
|
Recreation –
Multi-Purpose Facility, Soccer Complex ($4M) |
Needed due to lack of
available/adequate facilities in the County; youth soccer participation
growing annually |
|
New Public Library
Branch and Major Upgrade to Main Library Facility ($6M) |
New facility for
expansion due to circulation growth and square footage needs; Main library in
need of remodeling/electrical upgrades (20 years old) |
|
Schools – Classroom
additions ($12M) |
Co-located high school
and middle school are at capacity; new central building to serve both
schools. |
|
Schools – Classroom Etowah Elementary
($1M) Edneyville Elementary
($3M) Bruce Drysdale
Elementary ($3.5M) |
Classroom additions at
four (4) Elementary schools; new Transportation Bus Garage |
|
|
Facility to house the
College’s workforce development programs and new classrooms for continuing
education. |
There is the potential
to have the first act for the new President to sign a stimulus bill that pushes
down some large amount of money through the states to local governments for
capital projects. We must be in a
position, should that happen, to make our pitch for some of that construction
money here.
Chairman Moyer requested
adding an Indoor Shooting Facility, a Veteran’s Clinic in
BREAK
A five minute break was
taken in order to change video tapes.
Commissioner McGrady made the motion that the Board go into public
hearing to consider a potential offer of economic incentives grant to WilsonArt
International. All voted in favor and
the motion carried.
PUBLIC HEARING – Potential Offer of Economic Incentives
Grant to WilsonArt International (a Division of Illinois Toolworks Inc)
Andrew Tate, President
and CEO for the Henderson County Partnership for Economic development,
representative for WilsonArt International, stated that the projected
investment associated with the project is $1,194,000 which would be for
improvements to real and personal property for a long term lease. The company presently employees 686 persons
and this project would create 15-20 new jobs.
The project is competitive internally and is an investment job creation
that would allow the Fletcher,
Plant Manager Tim Gwennat
thanked the Board for the opportunity to speak and for considering the offer of
economic incentive. WilsonArt has been
part of the
Notice was hereby given
pursuant to N.C. Gen. Stat. §158-7.1 that the Henderson county Board of
Commissioners will hold a public hearing on 5 January 2009 at 7:00 p.m., or as
soon thereafter as the Board can consider the matter, to consider the request
of WilsonArt International, a unit of Illinois Tool Works, Inc. for economic
development incentives to assist in investment resulting in the expansion of
its existing plant, and the addition of new jobs.
The Company is a
manufacturing concern with a facility located near
The Board will consider
granting assistance toward actual expenditures incurred in the Company’s plan
to construct its operation up to a maximum payment of Twenty-Seven Thousand
Twenty-Nine Dollars and Seventy-Seven Cents ($27,029.77), to be paid over a
period of seven (7) years. Each year’s incentive
payment would be no greater than Three Thousand Eight Hundred Sixty-One Dollars
and
If approved, the request
would be funded through the general property tax revenue.
Public Input
There was none.
Commissioner Messer made the motion that the Board offer
economic incentives to WilsonArt for the proposed project, in the maximum
amount of Three Thousand Eight Hundred Sixty-One Dollars and Forty Cents
($3,861.40) per year for seven (7) years.
All voted in favor and the motion carried.
Commissioner Young made the motion that the Board go out of
public hearing. All voted in favor and
the motion carried.
Commissioner McGrady made the motion that the Board go into
public hearing to consider Economic Development Incentives for “Project
Arp”. All voted in favor and the motion
carried
PUBLIC HEARING – Potential Offer Economic Incentives to Borg
Warner (Project ARP)
Andrew Tate, President
and CEO for the Henderson County Partnership for Economic development,
representative for BorgWarner Thermal Systems stated that BorgWarner is across
the street from WilsonArt.
The company, BorgWarner
Thermal Systems, proposes a potential investment of approximately
$12,571,000.00 in equipment for an internally competitive project. If this proposal is successful, this
investment would occur at the Fletcher plant.
Chairman Moyer
questioned the potential investment amount as it was different from the numbers
that were shared with the Board of Commissioners. He asked Mr. Tate to confirm the figure.
This project would
create new property tax, but would not create new jobs at the Fletcher
plant. It would be a retention project
for 28 jobs that would be otherwise jeopardized or at risk and could possibly
add 2-3 additional jobs. Wages are
roughly $35,000 per year approaching $60,000 per year with benefits. Project discussions have centered on an
incentives offer of a maximum of $46,462.42 per year (70% of property tax
revenues on the new investment) for a maximum of five (5) years.
Don Bent, Plant Manager
for BorgWarner confirmed that the correct investment figure was
$12,571,000.00.
Mr. Burrell recalculated
the figures for the incentives. Under
the Board’s guidelines over a period of five (5) years with twenty-eight (28) jobs
retention and a $12,571,000 investment to a maximum incentive of $232,312.08
over a period of five years. This works
out to an annual incentive maximum of $46,462.42 over a period of five years.
Don Bent thanked the
Board for the opportunity to speak to them.
He explained that they manufacture fans and fan drives for the
automotive and commercial markets.
Seventy percent of the product they sell goes to Ford, GM, and
Chrysler. Mr. Bent firmly believes that
this investment would solidify the future of the Fletcher facility for years to
come in this community.
Public Input
There was none.
Commissioner Young made the motion that the Board offer
economic development incentives to BorgWarner Thermal Systems, in the amount of
a maximum of $46,462.42 per year for five years, pursuant to the County’s
economic development incentives policy.
All voted in favor and the motion carried.
Commissioner McGrady made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
LAND DEVELOPMENT CODE FALL 2008 TEXT AMENDMENTS
(TX-2008-05)
Chairman Moyer explained that there was a
lengthy list of proposed changes and he did not feel that this was the
appropriate time to go through them one by one and discuss each one. Three of the key changes are still before the
Planning Board and cannot be wrapped up.
He asked Anthony Starr to give an overview of what had been done, why
and what was included in the package. The Board will then schedule a special meeting
to deal with the issues after the Planning Board is finished.
Planning Director Anthony Starr stated
that when the Henderson County Land Development Code (LDC) was adopted it was
anticipated that the LDC and 2020 County Comprehensive Plan (CCP) would be reviewed
each year and amended as needed. Since
its adoption on September 19, 2007, the LDC has undergone two significant
updates. The CCP was also amended as a
result of the adoption of the Land Development Code.
When
the LDC was adopted an annual review of the Code was anticipated to avoid the
Land Development Code becoming so outdated that a major rewrite was
necessary. In being proactive the
Planning Department is attempting to address merging issues and help address
them before they become problems. It
addresses a wide arrange of issues; some standards within the LDC with these
changes would be relaxed, in an effort to encourage growth where we want growth
to occur while other standards would be strengthened to avoid various issues
that have came up both at the Planning Board level or the staff level or other
areas.
A PowerPoint overview for the proposed
fall 2008 text amendments to the LDC (TX-2008-05) was attached for the Board’s
review and recommendation. The proposed
amendments address a range of issues including emergency vehicle access, some
community character and design standards, staff or Board concerns and/or
suggestions, and clarifications to portions of the code and text. Some of the amendments are technical changes
and are noted as such.
The Technical Review Committee (TRC)
reviewed the proposed fall 2008 text amendments to the LDC (TX-2008-05) at its
meeting on November 4, 2008 and voted unanimously (6-0) to send a favorable
recommendation on the attached proposed text amendments.
The Planning Board reviewed the proposed fall 2008
amendment to the LDC at its meeting on November 20, 2008 and on December 18,
2008 and voted unanimously (5-0) to send a favorable recommendation on the
attached proposed text amendments with the exception of text amendments L and
N. The Planning Board tabled text
amendments L and N at it’s December meeting and will continue discussion at the
January Planning Board meeting on those two amendments and explore alternative
options before making a recommendation to the Board of Commissioners.
Staff is requesting direction from the Board on how to
proceed with the proposed fall 2008 LDC text amendments (TX-2008-05). Staff suggests the Board consider discussing
the proposed amendments at its next regular scheduled meeting or a special
called meeting, or if the Board is inclined, schedule a public hearing on the
proposed text amendments (TX-2008-05).
A public hearing is required at
some point, and a workshop may be held either before or after the public hearing.
It was the consensus of the
Board to schedule the workshop and public hearing at the first regular meeting
in February.
Death of Detective Jimmy Edney
Sheriff
Davis recognized the loss of Detective Jimmy Edney, who had been with the
Sheriff’s Office for almost 27 years.
The Sheriff stated that Mr. Edney was an icon and a true servant to the
people of
IMMIGRATIONS AND CUSTOMS ENFORCEMENT (ICE)
UPDATE
Sheriff Rick David
provided an update to the Board of Commissioners on the Immigrations and
Customs Enforcement 287 (g) (ICE) Program.
·
Activities from 1
Jan 08 thru 30 June 08
·
Activities from 1
July 08 thru 31 Dec 08
·
Overall
deportation figures
-
ICE Charges
-
Booked Charges
-
Nationality percentages
·
Costs &
Federal Billing/Reimbursements
-
Since 1 Sept 08
·
Worksite
Enforcement assistance & Fugitive Enforcement Assistance
·
“Manual” Illegal
Alien Query (IAQ) started 1 Jan 08
-
Removed 64
·
Drug & Gang
suppression since 1 Jan 08
-
Requested assistance from Intelligence &
Operations (IO) Division of ICE
-
Removed approximately 12 suspects
Overall Deportation Figures
# Inmates Interviewed:
249
Detainees Lodged: 209
ICE Charges (mandatory federal
detention)
Aggravated Felonies, Re-entry,
etc.: 24
Booked into detention for the
following charges:
Driving while impaired 50
Drugs 16
Robbery 5
Sex Crimes 1
Assault 16
Domestic Violence 9
Traffic 56
Fraud 1
Alcohol/ D&D 9
Theft 2
Breaking and Entering 1
Trespassing 3
Other* 26
Costs & Reimbursements, Since
1 Sept 08
Costs: Billed/Reimbursements:
Salaries & Benefits (2):
-$27,972.15 Bed
Space: +$71,168.28
Transportation: -$4,017.00 Transportation:
+$8,947.59
Total Operating Expenses: -$36,919.74 Total Operational: +$80,115.87
Net
= +$43,196.13
The Federal Government has not
reimbursed
·
287(g) Program
officially began 1 July 2008
·
Worksite
Enforcement assistance
·
Fugitive
Enforcement assistance
·
Two Deputies began
full-time 287(g) assignments 17 Oct 2008
Booked Charges, continued
*Other Charges
07/01/08
- DWLR / Resisting a public officer
07/02/08
- FTA (X 2) / DWI / Injury to personal property
07/03/08
- FTA (X 2)
07/03/08
- Child abuse / Assault
07/08/08
- Intoxicated and Disruptive
07/25/08
- FTA (X 2) / Felony Obstruction of Justice
07/28/08
- NOL / Felony Obstruction of Justice / DWI
07/28/08
- Identity Theft / NOL / DWI
07/29/08
- Fugitive other State
07/29/08
- Felony hit & run / Fled to elude arrest
07/29/08
- Resisting a public officer / Injury to personal property
07/29/08
- Flee to elude arrest with a motor vehicle
08/05/08
- Injury to personal property
08/05/08
- Resisting a public officer
08/25/08
- Out of State Fugitive Warrant
09/01/08
- Urinating in Public
09/23/08
- Felony Worthless Check
10/01/08
- Carrying Concealed Weapon
10/18/08
- Attempted crime against nature
10/18/08
- Solicit prostitution
10/30/08
- Failure to appear
10/30/08
- Soliciting Prostitution
11/20/08
- Possession of Stolen Good
12/02/08
- Voluntary Manslaughter
12/05/08
- ICE Fugitive
12/08/08
- Carrying Concealed Weapon
287(g), IAQ, Fugitive
operations, Drug & Gang suppression total for 2008 is approximately 285
Why we need 287 (g)
Joel Zelaya-Rivera
•
May 5, 2000: Arrested in
•
June 13, 2002: Arrested by HPD for
Assault on Female
•
December 25, 2005: HCSO responds
domestic violence incident. Weapon
seized
•
April 18,2006: HCSO responds to DV
incident, suspect arrested for AOF
•
September 24, 2006: HCSO responds
to a Domestic Incident, upon arrival Officers discover that two persons had
been shot and suspect has fled the scene
•
September 25, 2006: HCSO K-9
locates suspect in wooded area near location of murder.
Homicide & attempted murder
•
Victim 1: Female,
Latino, 23 (Girlfriend)
–
Single gunshot
wound to head
•
Victim 2: Male,
Latino, 18 MO (Suspect & victim’s)
–
Single gunshot
wound to head
•
Dying baby placed
at mother’s side
•
Suspect is now
serving life + 10 years
•
Suspect had been
arrested for misdemeanor charges on 3 previous occasions prior to 287(g)
VEHICLE ASSESMENT POLICY
Staff proposes utilizing
a new benchmark for patrol vehicle mileage based on our recent contact with the
North Carolina Highway Patrol. The
Highway Patrol currently uses a 75,000 mile standard for replacement of their
patrol vehicles and staff feels that it is appropriate to utilize this standard
as well and recommends the use of this standard for replacement of patrol
vehicles in the upcoming budget process.
The following tables outline the process that staff uses to ascertain which
vehicles should be replaced each budget year (incorporating the new 75,000 mile
standard for patrol vehicles).
|
Age: |
1 point for every year
of vehicle age |
|
Repair costs: |
1 point for every
$1,000 in repair costs |
|
Service: |
2 points for average
use, 4 points for daily use, 5 points for emergency use |
|
Mileage: |
|
A replacement priority
level is then assigned to the vehicle based on the total number of points
calculated. The current points for each
priority are as follows:
Priority Points Determination
for replacement based on total points
5 <14 Excellent
condition; does not qualify for replacement
4
15-19 Good condition; does not qualify for
replacement
3 20-24 Fair condition; may
qualify for replacement
2 25-29 Poor condition; needs
replacement
1 30> Unsafe;
needs replacement
The actual spreadsheets
that staff uses to assess vehicles for replacement during the budget process
were provided for review.
Staff requests that the
Board of Commissioners review the procedures that staff uses in budgeting for
replacement of vehicles and make any suggestions or provide direction as
desired. Further, staff recommends that
the Board establish the 75,000 mile standard for patrol vehicles as suggested
by staff.
Chairman Moyer did not
the use of estimated mileage and felt that actual mileage should be used.
Ms. Coffey stated the
issue was that they begin looking at the budget in January, and if they do not
use an estimated yearend mileage they lose a six month period in which staff
should be looking at considering replacement and recommending it to the Board.
Chairman Moyer would
like to see the actual mileage along with the estimated mileage. He suggested that the process be simplified
by setting the figure at 65,000 actual miles plus other factors on patrol
vehicles and at that time bring it to the table, recognizing that this is a
test period and may be adjusted later.
This suggestion was acceptable to the Board and the
UPDATE ON PENDING ISSUES
Regional Water Task Force
Chairman Moyer noted
that Commissioner McGrady and Commissioner Young had both met with the City of
Commissioner McGrady
stated that the meeting with the City of
·
· Water be supplied from
the
· If the water comes from
a different plant the city is free to charge a higher rate
·
The second part of the
agreement would be the early return of Bent Creek property to Asheville free of
future restrictions and then an agreed upon payment back to the County or some
tying of the payment to the sale of the Bent Creek property. At this point the current agreement would
cease to exist.
Water Supply and Distribution Task Force
Chairman Moyer stated
that the first meeting of the Water Supply and Distribution Task Force was
scheduled for Thursday, January 15 at 3:00 p.m. in the courtroom of the
Historic Courthouse. This will be the
organizational meeting to start getting things in line.
Request for letter of support to NCDOT for possible
installation of traffic light at Park Ridge Hospital
Commissioner Williams made the motion that the Board
provides the support in written form of approval to NCDOT for the installation
of a traffic light at the entrance of
Water line extension by City of
Chairman Moyer stated
that this item had been brought up when Bo Ferguson was here and talked about
the City’s plan to get additional water rights; they were applying to the State
for approval to draw from the
County Manager
Commissioner Young made the motion that the Board sends a
statement to the City of
Chairman Moyer stated that
the Board had heard indirectly that the State is interested in
STAFF REPORTS
County Attorney’s Report
There was nothing
further at this time.
County Manager’s
Report
There was nothing
further at this time.
IMPORTANT DATES
Chairman Moyer noted
that the meeting on January 21, 2009 would begin at 8:30 a.m. instead of
9:00 a.m. We will take a break for
lunch. This meeting will primarily be
for presentation by staff as a budget workshop.
The employee service
awards date and location are being modified this year in order to save some
money. Updates will be given when final information
is received.
Set public hearing on
new road names.
Commissioner McGrady made the motion that the Board
schedules a public hearing for new road names for Monday, February 2, 2009 at
7:00 p.m. All voted in favor and the
motion carried.
CLOSED SESSION
Commissioner
McGrady made the motion for the Board to go into closed session as allowed
pursuant to NCGS 143-318.11 for the following reasons:
1.
Pursuant
2.
Pursuant
to N.C. Gen. Stat. §
Commissioner McGrady
made the motion that the Board 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:
____________________________________ _____________ _______________________
Teresa L. Wilson, Deputy
Clerk to the Board William L. Moyer, Chairman