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: Associate
County Attorney Sarah Zambon, Deputy Clerk to the Board Terry Wilson, Public
Information Officer Pam Brice, Finance Director J. Carey McLelland, County
Engineer Marcus Jones, Planning Director
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance
to the American Flag was led by Master Gideon Worrell, President of the Young
Naturalists 4-H Club.
INVOCATION
County Manager
INFORMAL PUBLIC COMMENTS
1. Evelyn Nichols – Mrs. Nichols thanked
the Board of Commissioners for their support to the farmers by allowing the
tailgate market. This tailgate is the
largest agriculture market in
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer suggested
two changes: An addition as the first discussion item – “ADM and Lottery Fund
Discussion” and the deletion of the closed session, in the interest of
time. Chairman Moyer stated that the
Board would move through the items as expeditiously as possible due to the dropping
temperatures and the snow and ice conditions.
Commissioner Young made the motion to approve the agenda
with the changes above. All voted in favor and the motion carried.
CONSENT AGENDA
Commissioner McGrady made the motion to approve the Consent
Agenda as presented. All voted in favor and the motion carried.
CONSENT AGENDA consisted
of the following:
Tax Collector’s Report
Stan Duncan, Interim Tax
Collector, had provided the Tax Collector’s Report dated February 20 for the
Board’s information.
Financial Report/Cash Balance Report – January 2009
Included for the Board’s
review and approval was the January 2009 County Financial Report and Cash
Balance Report.
The fiscal YTD deficit
in the Travel & Tourism Fund is due to the current economic situation and
less revenues being collected in a month that travel/lodging business is
typically slower resulting in less occupancy tax collections.
The fiscal YTD deficit
in the CDBG – Scattered Site Housing 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 that the Board of Commissioners approve the January
2009
Henderson County Public Schools Financial Reports – January
2009
Included for the Board’s
review and approval was the Henderson County Public Schools Financial Reports
for January 2009.
Suggested motion:
I move that the Board of Commissioners approve the January
2009 Henderson County Public Schools Financial Reports as presented.
Public Records Disposal Request
Stan Duncan,
Assessor/Interim Tax Collector, requested approval from the Board of
Commissioners to destroy the records listed on the Public Disposal Request and
Destruction Log (included in agenda packet) in accordance with the County’s
Record Retention Policy and the provisions of NCGS 105-309 and NCGS 105-296 as
the period of these records have expired.
Suggested motion:
Approve the Public Records Disposal
Request and Destruction Log.
2007-2011 Strategic Plan Quarterly Update
Included in the agenda
packet was the 2007-2011 Strategic Plan Quarterly Update for the Board’s review
and approval.
Suggested motion:
I move that the Board approve the Strategic Plan Quarterly
Update as presented.
LEPC Annual Report for 2008
Pursuant to Article 2-7
of the Local Emergency Planning Committee (LEPC) By-Laws, the 2008 annual
report was submitted. The membership
roster for 2009 was also submitted.
Suggested motion:
Move to approve the 2008 Local Emergency Planning Committee
annual report and 2009 membership roster as presented.
Surplus Vehicles
Submitted for the
Board’s consideration was a resolution (Exhibit A) declaring a list (Exhibit B)
of vehicles no longer used by the County as surplus property. The resolution also authorizes staff to
advertise the surplus vehicles for sale by electronic public auction at www.govdeals.com after the required
advertisement of the sale.
Suggested motion:
I move that the Board approve the attached resolution
declaring the list of vehicles presented as surplus and authorizes Staff to
sell the surplus vehicles via electronic public auction using GovDeals auction
services.
Consolidated Contract Agreement with the NC Department of
Health and Human Services
Each year, as part of
the normal budgetary process, in order to keep the funding cycles without
disruption of federal and state funds, the Consolidated Agreement with the NC
Department of Health and Human Services is signed ahead of the final county
budget. It is understood by the State
Division of Public Health and the Henderson County Department of Public Health
that the local budgets are still being negotiated and will be finalized at a
later date. It is also understood that program service levels and funding
support can be renegotiated as necessary. This agreement contains items that
include:
·
Business
Associate Agreement re: HIPAA compliance
·
Assurance
of Compliance with Title VI, Section 504 of the Rehabilitation Act of
1973,
Title IX of the Education Amendments, and the Age Discrimination Act
·
Four
Certification Forms re: Lobbying, Drug-Free Work Place and Environmental
Tobacco Smoke, and Certification Regarding Debarment, Suspension, Ineligible
and Voluntary Exclusion – Lower Tier Covered Transactions
·
Agreement
Addenda
·
Maintenance
of Effort (MOE) Report for WCH Programs
·
Public
Health Nurse Training Funds Reimbursement Request
Suggested motion:
I move that the Consolidated Contract Agreement for Fiscal
Year 2010 between the NC Department of Health and Human Services and the
Henderson County Department of Public Health be approved with the understanding
that program service levels and funding support can be renegotiated when it
becomes necessary.
Records Retention and Disposition Schedule
The Local Records Unit
of the Government Records Branch published a new
Suggested motion:
I move the Board of Commissioners approve the new Records
Retention and Disposition Schedule for the Sheriff’s Office as presented.
Review Special Intensity Allocation (SIA) Application
WS-2008-11-1 (
Bob L. Webb, M.D.,
owner, submitted an application on property located in
Category 3 has a total
of 27,110 acres; this application removes 1.517 acres from the total if
approved. This would leave 25.593 acres for future projects located in the
WS-III balance of watershed district.
Suggested motion:
I move that the Board approve the application for
WCCA Community Services Block Grant Application
Staff had submitted the
Western Carolina Community Action (WCCA) 2009-2010 Application for Funding for
the Community Services Block Grant Program.
WCCA is requesting that the Board endorse the funding application and authorize
the Chairman to sign all associated forms.
This is a continuing
grant that supports WCCA’s outreach to low-income residents as well as
self-sufficiency, homeownership, and senior adult programs. This grant application represents year #3 of
a 3-year cycle. No county funds are
required to fund these programs.
Suggested motion:
I move that the Board endorse this application and authorize
the Chairman to execute the required documents.
Habitat for Humanity HOME Fund Contract
In FY 2008-2009, Habitat
for Humanity applied for, and received, HOME funding for the Shuey Knolls
project. They applied for this funding as a sub-recipient agency of
The City of
Suggested motion:
I move the Board authorize the Chairman to execute the
proposed contract as attached.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear on the next agenda for
nominations:
1. Equalization and Review,
2. Juvenile Crime Prevention Council – 1
vac.
3. Nursing/Adult Care Home Community
Advisory Committee – 1 vac.
4. Solid Waste Advisory Committee (SWAC) –
5 vac.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
1. Agriculture
Advisory Board – 1 vac.
Commissioner Williams
nominated Richard K. Jordan. Chairman
Moyer made the motion to accept Mr.
2. Animal
Services Committee – 1 vac.
Commissioner McGrady
nominated Sarah Butler Brown for position #8, Veterinarian. Chairman Moyer made the motion to accept Ms.
Brown by acclamation. All voted in favor
and the motion carried.
3. Child
Fatality Prevention Team – 1 vac.
There were no nominations
at this time so this item was rolled to the next meeting.
4. CJPP
(Criminal Justice Partnership Program) – 2 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
5.
Commissioner McGrady
nominated Rita Raines for position #7. Chairman
Moyer made the motion to accept Ms. Raines 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. Home and
Community Care Block Grant Advisory Committee – 1 vac.
Commissioner Young
nominated Avalina Merrill for position #9. Chairman
Moyer made the motion to accept Ms. Merrill by acclamation. All voted in favor and the motion carried.
8. 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.
9. Juvenile
Crime Prevention Council – 8 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
10. Senior
Volunteer Services Advisory Council – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
ADM (Average Daily Membership) & LOTTERY
FUNDS DISCUSSION
– this was an add-on
Carey McLelland
explained that in the current fiscal year, a total of $900,000 in ADM Funds was
budgeted to pay debt service on the financing for construction of the Clear
Creek and
Due to the Governor’s
recent action redirecting the February 2009 quarterly distribution for both ADM
and Lottery Funds to help in the State’s budget shortfall, the NC County
Commissioners Association recommends that all counties with a balance in either
of the two funds, to go ahead and draw those funds down now and protect the
resources from further negative actions by the Governor.
Mr. McLelland stated
that staff recommends that the Board consider approving the ADM Fund and
Lottery Fund applications drawing down the current balances available to pay
schools debt service in the current fiscal year. Both applications will be presented to the
Board of Public Education for approval at their next possible meeting.
Following discussion, Commissioner Young made the motion that the
Board of Commissioners approve the attached ADM Fund and Lottery Fund
applications as presented. All voted in
favor and the motion carried.
OVERVIEW PRESENTATION OF THE DRAFT ETOWAH AND
HORSE SHOE COMMUNITIES PLAN
Copies of the plan had
already been distributed to the Board for review.
Discussion followed with
the Commissioners wishing to have a workshop next. Chairman Moyer suggested the
Commissioners look at their calendars for either Tuesday, March 24 or Thursday,
March 26. The Board will revisit this
and set a date when we get to “important dates.”
DEBT REFINANCING – SERIES 1999
Carey McLelland has
researched this issue and presented now to the Board of Commissioners an
opportunity to refinance the outstanding Series 1999 Detention Center
Certificates of Participation (COPs) debt issue to favorable rate conditions in
the current debt market. The date to pay
off the outstanding callable bonds is June 1, 2009 and now is an opportune time
to refinance them at a lower interest rate.
The not to exceed
interest rate offered by Branch Banking & Trust Company to refinance over
the remaining 10-year term is 3.64%. The estimated debt service savings in the
current fiscal year is $34,125 (net) and the cumulative projected savings over
the remaining ten years is $278,195 (net).
A formal application to
the Local Government Commission (LGC) and a public hearing on the financing
documents is required to do a current refinancing of debt previously issued in
the public market. The proposed resolution for the Board’s consideration makes
the necessary findings to do the refinancing, authorizes staff to make an
application with the LGC and calls for a public hearing on the financing
documents.
Following discussion, Commissioner Williams moved that the Board
of Commissioners approve the resolution which makes the necessary findings for
a current refunding of the outstanding Series 1999 Detention Center COPs debt
issue; and which also authorizes staff to make an application with the Local
Government Commission and calls for a public hearing on the financing documents
for March 18, 2009 at 11:00 a.m. All
voted in favor and the motion carried.
Commissioner Williams moved that the following resolution
(the “Resolution”), a copy of which was made available to the Board and which
was read by title:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT
FINANCING CONTRACT, DIRECTING THE PUBLICATION OF
NOTICE WITH RESPECT THERETO AND MAKING CERTAIN
FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH
I. UNDERTAKINGS
WHEREAS, the Board of
Commissioners (the “Board”) of the County of Henderson, North Carolina (the
“County”), desires to provide for the installment refinancing of the
acquisition, construction and equipping of the County detention facilities
located at 375 First Avenue, East in Hendersonville, North Carolina (the
“Detention Facilities); and
WHEREAS, proceeds of the $9,065,000 Certificate of Participation,
Series 1999 (Henderson County Project) Evidencing Proportionate Undivided
Interests in Rights to Receive Revenues Pursuant to an Installment Financing
Contract (the “1999 Contract”) with the County (the “1999 Certificates”) were
used to finance the Detention Facilities; and
WHEREAS, the
Board now proposes to refinance the Detention Facilities through an installment
financing contract (which may include an amendment to the 1999 Contract ) (the
“2009 Contract”) with Branch Banking and Trust Company (the “Bank”), obligating
the County to repay in installments the amount financed at a fixed annual
interest rate of not more than 3.64% over a term not exceeding June 1, 2019,
resulting in a total amount financed not to exceed $5,400,000 (excluding reserves);
and
WHEREAS, pursuant
to N.C.G.S. Section 160A-20, the County is authorized to refinance the
Detention Facilities by entering into the 2009 Contract and a deed of trust
(the “Deed of Trust”) that create in the Detention Facilities and the site on
which they are located a security interest to secure payment of the obligation
thereby created; and
WHEREAS, subject
to the prior approval of the Local Government Commission of North Carolina (the
“LGC”) pursuant to N.C.G.S. Section 159-148, the County intends to refinance
the cost of the Detention Facilities pursuant to N.C.G.S. Section 160A-20 by
executing and delivering to the Bank the 2009 Contract providing for the
financing of a principal amount not to exceed $5,400,000 (excluding reserves);
and
II. UNDERSTAKINGS NECESSARY
WHEREAS, the County staff has
advised the Board, and the Board hereby finds and determines, that the County
should refinance the 1999 Contract and prepay the outstanding 1999 Certificates
in order to generate debt service savings with respect to the 1999 financing of
the Detention Facilities, which enables the County to perform a part of its
public functions; and
WHEREAS, a
public hearing will be held to receive public comment on the desirability of
the installment refinancing of the Detention Facilities, of which the Board
received evidence supporting the need for such refinancing; and
WHEREAS, the
Board finds and determines that the undertakings are necessary and expedient
for the aforesaid reasons and that the Detention Facilities be refinanced under
the terms, conditions and parameters heretofore stated and to be further
determined with more particularity at a later date; and
III. FUNDS NOT EXCESSIVE
WHEREAS, the sums to fall due
under the 2009 Contract can be included in the County’s budget without
difficulty; and
WHEREAS, the
above factors lead to the conclusion that the payments under the 2009 Contract
are
not excessive for the stated purposes of
refinancing the Detention Facilities; and
IV. TRANSACTION A PUBLIC PURPOSE
WHEREAS, the County Attorney has
advised the County that the proposed refinancing of the Detention Facilities is
authorized by law and are purposes for which public funds may be expended
pursuant to the Constitution and laws of the State of North Carolina; and
V. INSTALLMENT PURCHASE FINANCING DESIRABLE
WHEREAS, the Board finds and
determines that short term or pay-as-you-go financing for the refinancing of
the 1999 Contract and prepayment of the outstanding 1999 Certificates would
place strains on the County’s ability to fund general operations and education
without a significant tax increase; and
WHEREAS, use
of the County’s unobligated fund balance to refinance the Detention Facilities
and prepay the outstanding 1999 Certificates may reduce the fund below the
guideline established by the LGC and would not be in the County’s best
interest; and
WHEREAS, although
the cost of refinancing under the proposed 2009 Contract may be greater than
the cost of general obligation bond refinancing, installment contract
refinancing would be preferable to general obligation bond refinancing because
a general obligation bond authorization probably could not be perfected in a
timely manner and would not permit the alternative financing structures and repayment
provisions available in the proposed negotiated installment contract financing;
and
WHEREAS, the
proposed cost of refinancing the 1999 Contract and prepaying the outstanding
1999 Certificates is too great an amount to be funded by current appropriations;
and
WHEREAS, the
Board finds and determines that installment contract refinancing is therefore
the most viable and efficient alternative and that the cost of such refinancing
is reasonable; and
VI. COMPLIANCE WITH DEBT MANAGEMENT CONTROLS
WHEREAS, past audit reports of
the County indicate that its debt management and contract obligations payment
policies have been carried out in strict compliance with the law and the County
has not been censured by the LGC, external auditors, or any other regulatory
agencies in connection with such management; and
VII. ESTIMATED TAX INCREASE
WHEREAS, the Board estimates that
the County’s ad valorem tax rate will not be significantly increased in order
to sustain the proposed refinancing given that debt service savings will be
realized by the County as a result of the 2009 Contract; and
VIII. NO DEFAULT
WHEREAS, the County is not in
default in meeting any of its debt service or contract obligations; and
IX. APPLICATION
WHEREAS, it is the Board’s
intention to adopt this Resolution for the purpose of authorizing the
refinancing of the Detention Facilities through the refunding of the
outstanding 1999 Certificates and the prepayment of the 1999 Contract, making
certain findings and determinations, approving the submission of an application
for approval of the 2009 Contract to the LGC and authorizing such other acts
deemed necessary and advisable to carry out the refinancing of the Detention
Facilities through the prepayment of the outstanding 1999 Certificates and the
1999 Contract with proceeds from the 2009 Contract.
NOW
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF
Section 1. The
Chairman of the Board, the County Manager, the Finance Director and the Clerk
to the Board are hereby authorized and directed on behalf of the County to
proceed with the preparation of the 2009 Contract providing for the refinancing
of an amount not to exceed $5,400,000 (excluding reserves) at an annual
interest rate not to exceed 4.64% and a term not to exceed June 1, 2019, and
otherwise proceed with the plan of refinancing of the Detention Facilities
described at this meeting.
Section 2. The
Chairman of the Board, the County Manager, the Finance Director and the Clerk
to the Board are hereby authorized and directed to submit an application for
the LGC’s approval of the Contract pursuant to N.C.G.S. Section 160A-20 and
Section 159-148, and to execute a sworn statement of debt of the County
pursuant to N.C.G.S. Section 159-150, in connection with the refinancing of the
Detention Facilities.
Section 3. The
financing team of Dewey & LeBoeuf LLP, as special counsel, and Branch
Banking and Trust Company, as lender, is approved.
Section 4. This
Resolution shall become effective immediately upon its adoption and shall
supersede any and all previous resolutions regarding the refinancing of the
Detention Facilities on an installment financing basis.
Section 5. That
a public hearing (the “Public Hearing”) shall be conducted by the Board of
Commissioners on March [18], 2009 at 11:00 a.m. in the Commissioners’ Meeting
Room of the Historic Courthouse at One Historic Courthouse Square,
Hendersonville, North Carolina, concerning the 2009 Contract, the Deed of Trust
and the proposed refinancing of the Detention Facilities through the execution
and delivery of the 2009 Contract and prepayment of the outstanding 1999
Certificates.
Section 6. The
Clerk to the Board is hereby directed to cause a notice of the Public Hearing
to be published once in a qualified newspaper of general circulation within the
County.
On motion of Commissioner Williams, the foregoing
resolution entitled “RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF
HENDERSON, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT
FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AN
PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO AND MAKING CERTAIN FINDINGS
AND DETERMINATIONS IN CONNECTION THEREWITH”
was duly adopted by the following vote:
Ayes: Chairman
Moyer, Commissioner Messer, Commissioner Young, Commissioner
McGrady, and Commissioner Williams.
Nays: None
2010 CENSUS COMPLETE COUNT COMMITTEE
The
The Census Bureau asks
that each jurisdiction establish a “Complete County Committee” (CCC). A CCC is
a volunteer committee established by local governments to increase awareness
about the census and motivate residents to respond. The committee works best when it includes a
cross section of community representatives from government agencies, education,
business, religious organizations, and the media.
A commissioner is needed
to work with the Planning Director to establish and organize the Henderson
County Complete Count Committee. The Planning Director is available to serve as
the committee chair, coordinate the activities of the committee, and serve as
the liaison with the Census Bureau. Several subcommittees will also be
established. Census and Planning Staff established a tentative kick-off meeting
date for the committee. The first meeting will be Thursday, March 12, 2009 at
9:00 a.m. in the meeting room of the
A complete count is
important to
Planning staff requested
the Board designate a commissioner to work with the Planning Director to
establish the Complete Count Committee and coordinate its efforts. It is expected that the commissioner for this
project will serve as the public spokesperson for Census related issues.
Chairman Moyer
volunteered to serve as the commissioner on the committee, unless there is
another commissioner who is interested in serving in that capacity.
Commissioner Young moved that the Board appoint Commissioner
WAGE & SALARY GUIDELINES FOR BUDGET
PREPARATION
Chairman Moyer had asked
that this be placed on this agenda, based on what we’re seeing with the sales
tax numbers and some of the issues the Board dealt with at the last
meeting. He thinks it is important to
give staff some guidelines with respect to wages and salaries for the remainder
of this year and for the budget preparations for next year. Chairman Moyer has talked with numerous
business people who have had to take drastic steps to either curtail time,
whole days, etc. In a lot of cases the
businesses have found it necessary to either reduce wages or curtail them. He
felt it appropriate, in light of all that’s happening around us, that the
county take a look at this issue and give some direction to staff.
Chairman Moyer felt that
the Board needs to take action in this area with respect to the remainder of
this year and for next year. For
purposes of getting something on the table to begin discussions “I think we
should implement a wage and salary freeze for the remainder of the year and
carry that forward until next year, until we see whether these economic times
change.”
Much discussion
followed. There was some discussion of
the fairness of cutting out all increases for ¼ of the county employees for the
next 3.5 months when the other ¾ of employees may have realized their
increases. It was the idea that maybe this type action could keep us from
having to lay off more employees. At least this might reduce the possibility of
additional job losses. Chairman Moyer
felt that if you freeze for the remainder of this year and continue it for the
next fiscal year that somewhere in the neighborhood of $2 million could be
saved, $750,000 or better just for the remainder of this year. Staff has not worked up numbers. The Chairman
had just used budget numbers. Discussion included all increases: COLA,
retention bonus, and performance pay increase.
Chairman Moyer – “There was no date in my first motion, I said
for the remainder of this year but so that we have a date certain, I would say
for all anniversary dates after March 15 and for the next coming fiscal year
that we would freeze salaries and wages where they currently are and there
would be no increases of any kind until the Board revisits this subject, maybe
even the plan, at a future date and determines what is right going
forward.” A vote was taken and the
motion passed unanimously.
Chairman Moyer stated
that this is obviously one of the most unpleasant things the Board has had to
do. He also stated the Commissioners are covered by the motion as well as
everybody else.
STAFF REPORTS
Nothing further at this
time.
Nothing further at this
time.
IMPORTANT DATES
Set Public Hearing on Offer of Economic Development
Incentives
Morris Communications
Company, LLC, is contemplating locating its customer service center for its
cable television operations within
If located in
The suggested date and
time of the public hearing is March 18, 2009 at 11:00 a.m.
Commissioner McGrady moved that the Board set a public
hearing on the grant of economic development incentives to Morris
Communications Company, LLC, for 11:00 a.m. on March 18, 2009. All voted in favor and the motion carried.
Set Hearing or Workshop on Proposed Land Development Code
2008 Annual Text Amendments (TX-2008-05)
The Henderson County
Land Development Code (LDC) was adopted with the anticipation that it would be
reviewed each year and amended as needed.
This is the first annual review since the LDC’s adoption on September
19, 2007.
At the Board’s January
5, 2009 meeting, Staff provided a brief overview of the text amendments that
would be presented to the Board for its review. The Board requested a table
listing all of the proposed text amendments (attachment 1). A detailed
description of all of the proposed text amendments to the LDC (TX-2008-05) has
also been provided for the Board’s review (attachment 2). The proposed
amendments address a range of issues including emergency vehicle access, some
community character and design standards, clarifications to portions of the
code text, and staff or Board concerns and/or suggestions.
The Planning Board
reviewed the proposed LDC text amendments at its November 20, 2008 and December
18, 2008 meetings. The Planning Board
voted unanimously (5-0) to send forth a favorable recommendation on the
proposed LDC text amendments (attachment 2) excluding text amendments 17 and
21. At its January 15, 2009 meeting, the Planning Board considered text
amendments 17 and 21 and voted (7-1) to send forth an unfavorable
recommendation on these two amendments. The Environmental Advisory Committee
reviewed text amendments 16, 17, 18 and 21 at its meeting on February 5, 2009
and voted unanimously to send forth a favorable recommendation on these four
text amendments.
Following discussion, Commissioner McGrady moved that the Board
schedule a public hearing on the 2008 Annual LDC Text Amendment (TX-2008-05)
for Monday, April 6, 2009 at 7:00 p.m. All voted in favor and the motion
carried.
Set Workshop or Public Hearing Date for the Draft Etowah and
Horse Shoe Communities Plan
The Etowah and Horse
Shoe Communities Advisory Committee, formed by the Board of Commissioners on
September 4, 2007, was responsible for developing and recommending a
community-specific comprehensive plan for the Etowah and Horse Shoe
communities. After meeting monthly for 1 year, holding two public input
sessions, and utilizing available research provided by
The next step in this
process is consideration by the Board of Commissioners. The Board may schedule
a public hearing/public input session or schedule a workshop to review the plan
in greater detail. The study committee
could also meet jointly with the Board at the workshop to provide insight to
the recommendations.
Following the checking
of calendars and discussion, Commissioner
Williams moved that the Board schedule a workshop to discuss the draft Etowah –
Horse Shoe Communities Plan for Thursday, March 26 at 7:00 p.m. All voted in favor and the motion carried.
PUBLIC HEARING – Resolution Approving Dana Volunteer
Fire and Rescue Department, Inc., Financing
Commissioner Messer made the motion for the Board to go into
public hearing. All voted in favor and
the motion carried.
Russell Burrell
explained that Dana Volunteer Fire and Rescue Department, Inc. (“the VFD”),
seeks financing to pay for (re)construction of its firehouse in the Dana
community.
In order to obtain
tax-free financing for this project, a volunteer fire department must receive
“public approval” for the financing from the local governing board with which
it contracts to provide fire protection service. This resolution would grant such approval and
would allow the VFD to obtain financing at a lower rate for this project (as
interest payments would not be taxable to the financier).
Rocky Hyder, Fire
Marshal, was present to answer any questions from the Board.
Public Input
There was none.
Chairman Moyer stated
this is an essential project, as one of their buildings was damaged in an
accident and has to be replaced. This
will not make a fire property tax increase necessary.
Commissioner Williams moved that the Board adopt the
proposed resolution allowing the financing by Dana Volunteer Fire and Rescue
Department, Inc. All voted in favor and
the motion carried.
Commissioner Messer made the motion for the Board to go out
of public hearing. All voted in favor and the motion carried.
CANE CREEK WATER & SEWER DISTRICT – no
business
CLOSED SESSION – This was cancelled at
the beginning of the meeting under “Discussion/Adjustment of the Agenda”.
ADJOURN
Commissioner McGrady made the motion to adjourn the
meeting. All voted in favor and the
motion carried.
Attest:
Elizabeth
W. Corn, Clerk to the Board
William L. Moyer, Chairman