MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 9:00 a.m. in
the Commissioners' Meeting Room of the Historic Courthouse on
Those present were: Chairman Bill Moyer, Vice-Chairman
Also present were: Deputy
Clerk to the Board Terry Wilson, Public Information Officer Pam Brice, Finance
Director J. Carey McLelland, Research Budget Analyst Amy Brantley, County
Engineer Marcus Jones, and Officer Greg Cochran.
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Commissioner McGrady led
the Pledge of Allegiance to the American Flag.
INVOCATION
County Manager
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested
an addition under Discussion Items as
Commissioner McGrady moved the adoption of the agenda with
the two changes requested above. All voted in favor and the motion carried.
RECOGNITION OF AVALINA MERRILL’S PENDING
RETIREMENT
Avalina Merrill,
Administrative Assistant to the
Chairman Moyer read a
Resolution recognizing Avalina for her 18 years of service to Henderson County
Government and the citizens of
INFORMAL PUBLIC COMMENTS
1. Jim Crafton – Mr. Crafton had signed
up to speak to the issue of the
CONSENT AGENDA
Chairman Moyer requested
a small change to the February 2 set of minutes.
Commissioner McGrady made the motion to approve the Consent
Agenda with the change. All voted in
favor and the motion carried.
CONSENT AGENDA consisted
of the following:
Minutes
Draft minutes were
provided for the Board’s review and approval of the following meetings:
January 21, 2009, regularly scheduled meeting
February 2, 2009,
regularly scheduled meeting
Tax Collector’s Report
Stan Duncan, Interim Tax
Collector, provided the Tax Collector’s Report for the Board’s review and
consent approval, dated February 6, 2009.
Tax Releases
A list of 23 tax release
requests was submitted by the
Suggested motion was:
I move the Board approve the Tax Release Report as
presented.
Tax Refunds
A list of 2 tax refund
requests was submitted by the
Suggested motion was:
I move the Board approve the Tax Refund Report as presented.
Public Records Disposal Request
Finance Director J.
Carey McLelland submitted a request to destroy the records listed on the Public
Records Disposal Request and Destruction Log (as provided) in accordance with
the County’s Records Retention Policy located under Tab 14 of the Henderson
County Administrative Manual and the provisions of NCGS 121 and 132 as the
period for retention of these records has expired.
Staff requested the
Board consider approving the Public Records Disposal Request and Destruction
Log as presented.
Suggested motion was:
I move that the Board approve the Public Records Disposal
Request and Destruction Log submitted by the Finance Department.
Certified Resolution – First Citizens Bank Custodian Account
The County has a
custodian account set up with First Citizens Bank for the purpose of making
required annual principal payments on the $3 million in Qualified Zone Academy
Bonds (QZABs) issued in 2002 for the
The bank has discovered
that they do not have a required certified resolution on file naming officials
of the County authorized to execute all appropriate documents in connection
with the custodian account and is requesting approval of the attached
resolution to satisfy this requirement.
Staff requests that the
Board consider approving the resolution naming the Finance Director and the
Assistant Finance Director as authorized persons to execute documents relating
to the custodian account.
Soil Erosion and Sedimentation Control Update
Natalie Berry, Erosion
Control Division Chief, had provided the Board with an update on the status of
the Soil Erosion and Sedimentation Control Division.
No Board action was
requested. This item was for information only.
Settlement approval (King)
The
Staff recommends the
Board give final approval to the settlement agreement presented.
Suggested motion was:
I move that the Board approve the proposed settlement
attached to this agenda item.
Funding transfer for incentives
In 2005 the Board
approved a grant to C.L. Henderson Produce Company of $40,000,000 for
development of an economic project – an investment of between $1,500,000 and
$2,000,000. The grant is to be paid over five years from project completion.
This is to suggest
transfer of the funding source for this grant from economic development
incentives to the Agricultural Economic Development Program budget line item.
Staff requested transfer
of funding of the Henderson Produce grant to the Agricultural Economic
Development Program budget line item.
Suggested motion was:
I move that funding for the incentives grant to the C.L.
Henderson Produce Company be transferred to the Agricultural Economic
Development Program budget line item.
Approval of Easements for Water and Sewer for Schools
In order to provide
water and sewer contemplated in on-going projects, the City of
Staff requested Board approval of the easements.
Suggested motion was:
I move that the Board grant the easements sought by the City
of
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear on the agenda next time for
nominations:
1. Agriculture Advisory Committee – 1 vac.
2. Animal Services Committee – 1 vac.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor for nominations:
1. Animal
Services Committee – 3 vac.
Chairman Moyer informed
the Board that the three folks whose terms are expiring are willing to be
reappointed: Lisa Beddingfield, Gaby Johnsen, and Pam Hodges. Commissioner
Williams nominated these three for reappointment. There were no other
nominations. Chairman Moyer made the
motion to accept them by acclamation. All voted in favor and the motion
carried.
2. Child
Fatality Prevention Team – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
3. CJPP
(Criminal Justice Partnership Program) – 2 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
4.
There were no
nominations at this time so this item was rolled to the next meeting.
5. Environmental
Advisory Committee – 1 vac.
Commissioner McGrady
nominated Jim Fickes. There were no other nominations. Chairman Moyer made the motion to accept Mr. Fickes 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. Historic
Resources Commission – 1 vac.
Commissioner McGrady
nominated Christopher J. O’Leary to position #2. There were no other
nominations. Chairman Moyer made the motion to accept Mr.
O’Leary by acclamation. All voted in favor and the motion carried.
8. Home and
Community Care Block Grant Advisory Committee – 2 vac.
Darlene Burgess
recommends the appointment of Sharon Willen for position #3. Chairman Moyer
nominated Ms. Willen for this vacancy. Commissioner
McGrady moved to close nominations and accept Ms. Willen by acclamation. All
voted in favor and the motion carried.
9. Industrial
Facilities and Pollution Control Financing Authority – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
10. Juvenile Crime
Prevention Council – 8 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
11. Recreation
Advisory Committee – 2 vac.
Commissioner Messer
nominated Hunter Marks for position #8 and Virgle McClure for position #9.
There were no other nominations. Chairman
Moyer made the motion to accept these two nominees by acclamation. All voted in
favor and the motion carried.
12. Senior
Volunteer Services Advisory Council – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
REAPPOINTMENT OF INTERIM TAX COLLECTOR
As the Board has
commenced a study of the offices of the Tax Assessor and the Tax Collector, the
results of which study are due to be received soon, it is suggested that
Interim Tax Collector (and Tax Assessor) Stan Duncan’s appointment as Interim
Tax Collector be extended for one month.
Staff requested the
Board reappoint Stan Duncan as Interim Tax Collector.
Chairman Moyer stated
that the Board appointed an interim Tax Collector for a period of 45 days,
thinking the group would have completed its work by then. That has not occurred.
Chairman Moyer had
planned to propose extending the interim for 15 days but that will not be long
enough.
Chairman Moyer made the motion to extend the appointment of
Stan Duncan as Interim Tax Collector for the first to occur: 1. 30 day, or
2. When we receive a report from the group that
the Board thinks they can act on to
take
official action, but no later than the first meeting in June (June 1, 2009).
All voted in favor and the motion carried.
Commissioner Williams
requested the Board get interim reports as they become available.
COMPRESSED NATURAL GAS (NCG) STATION
As a part of Strategic
Plan 1.1F to Develop and Implement an Energy Policy and Plan, this agenda item
proposes the implementation of a Compressed Natural Gas (CNG) Fueling
System. This system will complement the
existing gas and diesel system currently used by the County fleet.
Marcus Jones reviewed a
PowerPoint presentation with the Board.
Staff explained that this agenda item serves as an introduction to a CNG
Fueling System and to initiate Board discussion.
Description of CNG
Marcus Jones explained
that a compressed natural gas system is similar to a conventional system in
that it has storage tanks, the dispensing system is similar and the vehicles
receive the fuel in a similar manner having the fuel door on the side.
It is possible to
convert existing vehicles and there are vehicles available with the technology
in them already from the manufacturer.
Marcus Jones explained that there are two types of vehicles: a dedicated
compressed natural gas vehicle which only runs on compressed natural gas. There are also duel fuel vehicles which have
your gas or diesel and an option to run on compressed natural gas. He also explained the difference between a
slow fill and a fast fill station. A
slow fill is a small station that’s dedicated to one vehicle. It slowly fills up the vehicle overnight or
during a period when it’s not used; several hours to fill up a tank versus a
more conventional fueling station called a fast fill where it’s more like your
typical gasoline station where it fills up in a matter of minutes to top off a
tank.
There is a compressed natural gas commercial station in
Marcus Jones explained
that the City of
Benefits
Marcus explained the
benefit of a CNG fueling system is that the benefits are far reaching and they
cover a wide spectrum of benefits to the community. There is a lower cost than
gas or diesel. They have greatly reduced emissions which equates to
environmental stewardship on our part. While it is a fossil fuel, it is a lot
cleaner than gas and diesel. CNG is 90%
domestically produced (as much as 95%) and is not an OPEC product. It is also available
during fuel shortages. We can make it available to the citizens, continuing our
leadership in alternative fuel and environmental stewardship. Marcus also
explained that it is a “bridge to hydrogen” or the Next Generation Fuel.
Costs
Marcus Jones explained
that the gas gallon equivalent (GGE) of CNG varies. GGE basically equates the
same amount of compressed natural gas or the amount of therms it has to the
equivalent amount of therms in a gallon of gasoline so it makes comparing the
two easier. It is less expensive. Typically when gas and diesel go up in price,
compressed natural gas does not go up as readily or as high. The higher the
price of gasoline, the bigger the differential between the two.
Marcus Jones stated that a good estimate on a CNG station is about $275,000 for
a fast fill station which would allow vehicles to pull in and fill up in the
same amount of time you would fill up a normal gas or diesel tank. A slow fill
station is around $2,000 - $3,000, however, you have to have one per vehicle.
There would be a need
for about $4,000 for staff training. The passenger vehicle incremental cost or
up-charge (whether you do a conversion or you buy a vehicle that has the
natural gas technology) is typically $6,000 - $8,000 more expensive. Currently there are two passenger vehicles
available on the market: Ford Focus and Honda Civic GX. The Honda Civic is a
dedicated natural gas vehicle and the Ford Focus being a dual fuel
vehicle. The large truck incremental or
conversion cost is $40,000 and there is a bigger availability of these.
Marcus Jones explained
that obviously when the differential between CNG and gas/diesel is higher, the
rate of return on our investment would be quicker. The benefits to the system are not only
economic benefit; there is a domestically produced product, availability, and
the environmental benefits.
Funding Options
Marcus Jones explained
there are several funding sources available. In December there is a grant
application for a MSER or a Mobile Source Emissions Reduction (MSER)
Grant. This is the same grant
Marcus Jones explained
that the Guaranteed Energy Savings Contract that staff introduced at the last
Board meeting is another potential. The
price of the station could be incorporated into that contract.
There are possible
partnerships with municipalities. Marcus
Jones has been talking with the City of
The station in
Marcus explained lastly
and probably the reason for the timing of this agenda item is the American
Recovery and Reinvestment Act that was recently passed into law which does have
monies and funding available for alternative fuels and this would be a project
he would recommend due to the multiple benefits for us to pursue, should that
funding become available. If funding
does become available, we are closer to being able to pursue this system.
There is a 50 cent per
gal Federal Tax Credit on CNG. The City
of
Locally,
Commissioner Williams
questioned whether there had been conversations with these oil companies to see
if there is interest from the private sector to look at a fueling station like
this, or possibly a public/private partnership. Marcus stated that they are not
suppliers of natural gas. Their products are oil-based. Their equivalent would
be propane.
The Honda Civic has been
named the “greenest” vehicle on the planet for the past several years.
Chairman Moyer feels
that we need to be ready to go if the funding becomes available and we need to
work with the City of
Chairman Moyer made the motion to direct staff to come back
with a plan (with no commitment to move forward), including the City of
Hendersonville and other municipalities, if possible or a public/private
partnership to move forward on – a very specific plan that would look at how to
do it, what the costs would be, so that if the opportunity becomes available
and the funding becomes available, that we are ready to move – to come back to
the Board with this as quickly as possible, after you’ve had a chance to talk
to the municipalities and see what you can work out. All voted in favor and the
motion carried.
CONSIDERATION OF DRAFT AGREEMENT WITH
In the agenda packet was
a draft of an agreement with
Chairman Moyer explained
that the draft agreement isn’t presented in a form that is ready to be signed
but instead is a document of some of the key issues that the Boards have
concerns about and some of the potential solutions. This document is presented to start Board
discussion. The agreement supports a class III watershed designation and water
usage rights for
Commissioners also
directed staff to look into ways to supply Saluda water from
Chairman Moyer stated
that from a legal standpoint,
Commissioner McGrady
requested no inter-basin transfers.
Right now water from
Commissioner McGrady made the motion that the Board grant
authority for Chairman Moyer and
Ryan Whitson, Polk
County Manager, thanked the Henderson County Board of Commissioners for looking
at this issue. He feels that protection
of the water is important for both counties. Water is our greatest resource and
needs to be protected. He stated that they are very aware that Saluda is
getting water from
Mr. Whitson introduced
those in attendance with him: Polk County Engineer Dave Odom, Chair Cindy
Walker, and Commissioner Renee McDermid.
Chairman Moyer restated the motion – Proceed with
negotiations with Polk County along the lines of the draft agreement plus the
comments of Commissioner McGrady and the idea that the agreement come back to
this Board before anything goes any further, with a draft of the agreement. With
the idea that the Commissioners would then schedule a public input or public
hearing with respect to the draft before moving forward. A vote was taken and
the motion passed unanimously.
Recess
Chairman Moyer called a
five minute recess.
Chairman Moyer stated
the Commissioners had received a memorandum from Commissioner McGrady
concerning this issue. He asked Commissioner McGrady to update the Board on the
status of this issue.
Commissioner McGrady
stated that Mr. Brock Arms, who is present at the meeting, had been circulating
a letter which he asked the
Jim Crafton, Chair of
the County’s Transportation Advisory Committee, addressed the Board. He stated
that the TAC has discussed this subject on two occasions. He addressed the map he had distributed,
stating that
Mr. Crafton stated that
the TAC was asked by Chairman Moyer in May of 2008 to begin to look into this
issue after he received a letter from Mayor Staton of Flat Rock concerning the
issue of the bridge and some opposition in his community about its replacement.
The TAC took up the issue and made contact with the NC DOT, through Jamie
Wilson who has visited with them at the TAC meetings. Mr. Crafton stated the bridge provides the
most direct route from
Jim Crafton reminded the
Board that the
1. Either the
2. Do nothing. In which case when it
reaches the point of being condemned, then the bridge would be closed.
3. Allow NC DOT to replace the bridge with
an attractive bridge.
NCDOT
has offered to work with the community of Flat Rock and those who are in
opposition to the project
to
build an aesthetically pleasing looking bridge. They gave TAC photographs
showing a bridge in Polk
County.
It was a timber bridge that needed to be replaced. They then showed pictures of
what they plan to
do
to replace that bridge to make it very aesthetically pleasing and look very
much like the old bridge they
took
out. The state has offered to work with
the community to not put some interstate highway type
construction
in there but something with a pattern work on the stone to make it look rural
in appearance, to
beautify
it. In an effort to work with the community, Hope Bleecker of the County
Planning Department, and
Mr.
Crafton met with Mr. Arms who is one of the leading opponents of the project in
Flat Rock in Ms.
Bleecker’s
office to talk about the state’s desire to work with the community and to allow
Mr. Arms to
present
thoughts and ideas about the design of the bridge. Towards the end of that
conversation Mr. Crafton
asked
Mr. Arms this question “If we do nothing about the bridge today because your
community doesn’t
want
to see a different bridge there, you like the rural appearance of the rickety
bridge fitting into the historic
community
but if at some point in time that bridge deteriorates to the point that the
state must condemn it and
either
replace it or shut it down, then what would be your position about the bridge?”
His answer was “Then
I
would think they should condemn it and shut it down ‘because we don’t need the
bridge.” Mr. Crafton stated
that
the map suggests that logistics suggest we do need a bridge there to make that
connection. It's been there
45
years for the people who traffic.
There’s not a lot of traffic on that road but it represents a
thoroughfare
for
some people. It also represents emergency
access for emergency vehicles.
Jim
Crafton - “So the TAC’s recommendation to you, and I’d be willing to answer
questions later as you
have
discussion, would be number one that you do not sign the letter and become a
cosigner to the Governor
requesting
abandonment of the project and secondly and perhaps more importantly that you
take a proactive
position
with some of the cosignees existing on that letter such as Representative
Justus and Senator
Apodaca
who perhaps don’t have all the complete perspective of this issue and encourage
the pursuit of the
replacement
of this bridge because just not signing the letter may not be adequate to say
well we are not part
of
it. I think we need to take a position.
I think the county has a role to play. Part of it’s in your jurisdiction.
Part
of it serves your constituent’s needs. One of the things that has been put forward
as part of the argument
is
that the money and the cost of the bridge is not being allocated in the most
judicious manner, that there are
much
more deserving projects in the community or our area. That may be true as well but those of you who
have
dealt with DOT over the years, we’ve not found a way yet to micromanage the way
DOT allocates
funds
to the projects they decide to do but we do know that like the highway I-26 –
when the funding is there
to
widen it goes away they go away and we’re years away before we’ll ever see I-26
widened now – to get it
back
on the list, to get the design and get the funding. I’m afraid that if we tell the Department of
Transportation
now that we do not want that bridge replaced, then when it comes time it needs
to be replaced
in order to maintain a
bridge, they won’t be in a position to replace it because our voice will have
been we
don’t need a bridge
there.”
Chairman Moyer
recognized Brock Arms to make his comments. Mr. Arms is a resident of the
community.
Mr. Arms – “At no time
when the committee (TAC) met were any members of the public or the dissenters
invited to attend those meetings. There is information which has not been
available until recently which I tried to give to Mr. Moyer, not knowing that
he had a surgical problem and I did not have any information that Mr. McGrady
had been involved. The meeting that took place did not approve and suggest that
this bridge go ahead. There were people
at the meeting of that subcommittee that were aware of the objections of the
community and the motion that was passed, and I asked for a copy of the minutes
to be sure that the minutes were accurately reporting what had been said. The motion that was passed said that they did
not oppose the bridge. They did not approve it but they would not oppose it if
the DOT collaborated with the citizens and the community and they have not done
so. The information which became available and which I tried to give to Mr.
Moyer not knowing he was undergoing surgery and which I offered to share with
Mr. McGrady at a meeting we had but he indicated that he trusted that I had
this information is from the NC AAA.
They, every single year, rate all the 5,500 bridges in the state of
Chairman Moyer answered
that the Board has that letter and the Commissioners have it in front of them.
Brock Arms – “It is
carefully written to indicate that everybody who is signing it has different
reasons for opposing the bridge, some of them aesthetic, some of them for
safety, some of them for historic reasons, some of for – but all of us because
of the fact that out of – I finally decided not to waste any more computer
paper after 4,240 bridges had been listed.
This bridge is not even listed in the 4,240 bridges in the state that
need attention. There are only 74
bridges in this county that are listed and only 17 of those are structurally
deficient. This bridge is not among them.
In 2006 Mr. Tippit, the head of the DOT certified this bridge as having
a rating – a sufficiency rating, not a safety rating but a sufficiency rating
of 52 which doesn’t have anything to do with safety. That, according to the NC AAA – they do not
even consider a bridge worthy of having anything done to it unless it’s below
50 and this had a 52 rating and there’s been no maintenance on it. The bridge is safe, it has not required
maintenance, the community doesn’t want it, the letter has been signed by all
of the people. You have an option to
sign it if you wish. We would hope – the
whole community would hope that you would.
I have a print out of all of the bridges through the 4,240 that you can
look at and I also have – there are petitions that have been left in public
places but with no public announcement that they were there, simply available
to people who want to read them – and we have over 340 signatures of people in
the neighborhood, on the road, and against this misuse of federal money at a
time when there is deficit spending.
There is no indication that this bridge will require any maintenance of
any significance in the next 3-5-10 years and considering the fact that a half
million dollars, and that half a million dollars was an estimate from about 3
or 4 years ago, not a recent one, and it doesn’t even include the amount of
money that will be required by all of the utilities to relocate all of their
information. There is a telephone that
is underground at that bridge, there are water lines, there is a gas line,
there is a telephone pole, all of which are going to have to be removed at the
cost of the utilities which are involved.
There is unanimous opposition to this boondoggle and I’ll call it what
it is – is pork and if you listen to the TV recently about our conditions there
is absolutely no reason in the world for this project to take place at this
time with seventeen other bridges listed in this county that are in need of
attention. And by the way, the
seventeenth bridge that is listed among the first 4,240 is 4,257 down the list
of priorities for need of attention and this bridge isn’t even listed on that
list of bridges and this is current information, within this year, from NC AAA
which is based upon information given to it by the DOT itself, both in relation
to the amount of traffic on the bridge and in addition to which – the one point
that was made that could have been significant if it were true is the ability
of the fire truck to get to the historic homes.
The current fire protection is two miles further away from the fire station
right in downtown Flat Rock which has easy direct access down Little River Road
and Middleton Road to all of the historic houses so that’s a fallacious kind
because it – all they have to do is just simply reassign the fire attention to
the other fire station. I’ll answer any
questions you may have. I’m sorry that
this has come to you so late. I’m
delighted to see Mr. Moyer back and on his feet shall we say. I am sorry to sound so agitated but at some
point or other if private citizens don’t do something about the things that are
happening behind their back then you know we’re in real trouble. You have the option of asking any question
you want. I’ll answer anything and you
might want to ask the other gentleman if he has any other input as well but the
committee that you gave the responsibility to did not talk to anybody except
the DOT and the local DOT. By the way, the new governor does not have any
confidence in the present head of the DOT. She has named a new Secretary of
Transportation. She has removed the
authority of the head of the DOT in
Chairman Moyer – “When
we first started this, I know you were very concerned. I think the bridge was much wider and a
different design and you were very concerned about how it would appear in that
area and when Jim and I talked I think the effort was to try to get the state
to talk to you and the other people there and to come up with a compromise that
would solve those problems and I thought we had gotten to that point and now
you’re telling me.”
Brock Arms – “Well we
had. The DOT refused to consider it. We
actually have a bid for an appropriate bridge that meets all federal
regulations for safety. It is a timber bridge but it is acceptable to the State
Highway Departments of Florida and Georgia and several other states and it
fulfills all the requirements of the federal regulations for safety and it was
a two lane bridge but a timber bridge and it could be built for a third of the
cost of what they are planning to spend for this bridge and the DOT would not
consider it. And it would be more appropriate and more safe and more in keeping
with the nature and needs but even so, even to spend that money in today’s
economic downturn would be – you see we didn’t have this information. When this
started nobody knew how bad the economic downturn was going to be. But also we
didn’t have any of the information from the NC AAA about how far down the list
this bridge really is in terms of need.”
Commissioner Young
stated that he probably uses that bridge about as much as anyone; he plays golf
at Crooked Creek at least three times a week and sometimes more. He thinks the
bridge should be replaced to accommodate the community for safety reasons and
to accommodate emergency vehicles but should not be replaced to accommodate
through traffic, stating this bridge should not be a thoroughfare.
Commissioner McGrady
stated he was not at the first meeting where this was discussed but was
probably at the second. He stated DOT did come back with some design changes
but they categorically refused to move to a wood bridge design. They basically stated that they had certain
state standards and they weren’t going back to that smaller bridge even though
that bridge was acceptable in some other jurisdictions. Commissioner McGrady
said that when he got the letter he tried to talk to the other signers of the
letter – Connie Backlund who is the superintendant of the Carl Sandburg home
signed the letter and she understood that it was a consensus letter and
everybody was on board and the county commission was quite happy with it and
she was dismayed when she determined that the Board of Commissioners had not
signed off on anything. It really
doesn’t affect the Carl Sandburg home.
Ms. Backlund was planning to talk to Chairman Moyer yesterday but
Commissioner McGrady took that information to share. He stated that he also talked to Mayor
Staton. Don Farr is the Flat Rock councilman
that sits on the TAC and he either didn’t vote or voted no on the motion to not
disapprove. Basically the TAC decided it
didn’t want to get into this issue. Don Farr told Mr. McGrady that the
Commissioner Williams
stated he could see the bridge from his back deck so he’s pretty familiar with
it. He said that
Mr. Arms stated that
Jim Crafton –
Commissioner McGrady stated that his memory was that DOT had come forward with
one proposal and then had backed away from it. He asked Mr. Crafton if that
wasn’t what was in the picture Mr. Crafton had shown earlier? Mr. Crafton
explained that yes – on the issue of the design the DOT had come forward with a
proposed structure but they have offered to work with the community (Mr. Arms
included) in trying to determine the aesthetics of the view of the bridge. They can use treated formwork to create a
stone appearance or Mr. Arms had another thought. Ms. Bleecker has sent a letter to Jamie
Wilson enumerating all the different ideas that Mr. Arms brought up as to a
pleasing design. If the bridge must be built, what would be more pleasing to
him. They have denied that they would
build a wooden bridge since it’s not in their parameters in the type of bridge
they are willing to build in the state of
Jim Crafton -“Mr. Arms
referred to the sufficiency rating of the bridge, stating that it was at 53.6
out of 100 and that’s correct and AAA said they wouldn’t even consider a bridge
being in question unless it was less than 50.
Well, I have a report that’s called the Categorical Exclusion Action
Classification Form. It’s an evaluation form that the DOT uses to evaluate
various structures. This was prepared in
January of 2008. It is signed by three people from the NC DOT and a John
Sullivan, the Division Administrator of the Federal Highway Administration
concerning this particular bridge and in it he says it does have a sufficiency
rating of 53.6 out of 100. The existing
structure has a higher than expected sufficiency rating and structural
appraisal from the addition of a temporary anterior support bent. They’ve added
an extra support to make sure it has that. Further in that report they say the
timber components of this bridge are experiencing an increasing degree of deterioration
that can no longer be addressed by reasonable maintenance activities therefore
the bridge is approaching the end of its useful life. And that’s a report that is signed by our
Department of Transportation and Highway Administration. In regard to not involving any
representatives from Flat Rock, as I indicated the TAC did discuss the issue on
at least two occasions. On our committee
are both Don Farr who is a council member for the
Commissioner McGrady
stated that on the one hand he very much admired the work done by Brock Arms on
this, the level of involvement. He’s very adroitly organized a lot of people
and done a lot of work on this. He also admires Jim Crafton’s professionalism
and the way he’s consistently been as open as he can and tried to provide as
good a form as he could. Commissioner McGrady stated that when all was said and
done the TAC found no basis to second guess DOT’s decision to replace the
bridge and the reason he felt the people felt that way, particularly the public
officials, was who ultimately has liability here? The DOT put the matter of the
bridge back to the county (us) and to Flat Rock and said “Look if you disagree
with us and you want to take legal responsibility for this bridge, liability if
something happens to it, then we’ll give it to you.” So when no one raised
their hand in terms of willingness to take responsibility for it, we just
really didn’t have a strong basis to second guess what was being done. Again he stressed that Mr. Arms and Mr.
Crafton have laid the differences of opinion. Commissioner McGrady stated the
process here is what the Board has set up. We have a TAC to look at his
issue. This is a really tough issue. It’s a very close issue. He doesn’t have a problem communicating with
NC DOT regarding the Board’s concerns about this bridge and the process but he
does have concerns about the letter itself. Commissioner McGrady stated he was
willing to work on the crafting of a letter which reflects the Board’s concerns
but unless the Board is willing to take responsibility for this bridge, he
doesn’t feel the Board can call on the department to abandon it.
Chairman Moyer felt the
Board should draft a different letter explaining the Board’s position. He does
not think the project should be abandoned. He hopes that DOT will work with the
folks in the community to design a bridge that is acceptable to them.
Commissioner Williams
questioned if repair of the current bridge were an option, It would be much
less costly and he would be willing to support that DOT continue to make
repairs to the current timber bridge instead of replacing it.
Commissioner McGrady made the motion to direct the
Commissioner McGrady
informed the Board that he would like to go back to the other signers of the
letter and made them aware of what the Board has done.
UPDATE ON AGRICULTURAL ISSUES
Livestock Market
Commissioner Williams
stated that last week a meeting was held at the
Commissioner Williams
stated there was some opposition initially, an individual who privately owns a
facility in
Farmland Preservation Plan
Commissioner Williams reminded
the Board that this Board had supported the development of a Farmland
Preservation Plan for
Etowah Incorporation
Chairman Moyer stated
there was some action at the legislative level with respect to the Etowah
Incorporation. Commissioner McGrady
explained that the legislature has a joint committee composed of senators and
house members to look at municipal incorporations and specifically to determine
whether they had met the legal requirements to be incorporated. The committee meeting was on Monday and the
Etowah incorporation and a number of others was on the agenda. The attorney for the committee indicated that
all the legal requirements had been met but Representative Guice and
Representative Justus were there and Representative Guice spoke to the committee
indicating that no one on the legislative delegation intended to introduce a
bill for incorporating Etowah; therefore, this process that is going forward is
a bit meaningless. Commissioner McGrady was present and spoke to the issue,
indicating that the
BRCC Capital Plans
Chairman Moyer stated
that yesterday at 2 p.m. he and Commissioner Young met with representatives of
the Community College to get their capital plans. Commissioner Young stated it was a pretty
short meeting because when you don’t have any money you can’t do a lot. BRCC gave their projection for a long range
plan through 2013 for new facilities and
renovations to the present facilities.
Their total for renovation projects was about $3 million dollars. The
Commissioners explained to them that the sales tax figures have been falling
steadily but assured them that they would do everything in their power to do
whatever they could to meet the BRCC obligations.
Chairman Moyer felt that
BRCC had done a good job of studying all their buildings and looking at their
maintenance needs and providing some good information as to where they stood
and what needed to be done. The Commissioners assured BRCC that those items
would be incorporated into the planning process starting this afternoon.
Recycling Forum
Commissioner McGrady
attended a forum last night put on by a number of groups on solid waste. Two county employees Will Sager and
STAFF REPORTS
There was nothing
further.
IMPORTANT DATES
Chairman Moyer informed
the Board that the Clerk to the Board’s birthday is today. “I wish her, on behalf of the Board a very
happy birthday. Hope you have many many more. Hope today is enjoyable. It’s a
lovely way to spend your birthday, sitting in a Commissioner meeting and taking
notes and worrying about what we’re doing but we wish you a very happy
birthday.”
Chairman Moyer stated
that at the Board’s next meeting he wants to schedule a workshop. He wanted to do the one on capital projects
first but need now to schedule a workshop on land development code amendments.
The Planning Board has finished their action on those. This Board has looked at them initially but
wanted to wait until the Planning Board was finished. He would like to get the workshop planned for
the early part of March, no later than the middle so that it won’t interfere
with budget considerations.
CANE CREEK WATER & SEWER DISTRICT – no
business
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
reason(s):
1. (a)(1) To prevent disclosure of information that is
privileged or confidential pursuant to the law of this State or of the United
States, or not considered a public record within the meaning of Chapter 132 of
the General Statutes, in accordance with and pursuant to NCGS 143-318.10(e) and
Article II of Chapter 11 of the Henderson County Code. This session will deal
with the approval of general accounts of closed sessions, and the decision to
open some of such accounts.
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.
ADJOURN
Commissioner
McGrady made the motion to adjourn the meeting at 12:35 p.m. All voted in favor and the motion carried.
Attest:
Elizabeth
W. Corn, Clerk to the Board
William L. Moyer, Chairman