MINUTES
STATE
OF
COUNTY
OF HENDERSON JUNE
1, 2009
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 William L. Moyer, Vice-Chairman
Also present
were: Associate County Attorney Sarah Zambon, Sheriff Rick Davis, 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 Commissioner McGrady
INVOCATION
County Manager
Steve Wyatt gave the invocation.
INFORMAL PUBLIC COMMENTS
There were none.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer
requested the addition of a discussion item - N.C. Education Lottery Fund
Application, a third Closed Session item – legal advice from the attorney, and
an important date – schedule a meeting with the NCDOT in regards to secondary
roads. He further suggested flexibility
to the order of discussion items.
Commissioner McGrady made the motion to approve the
agenda with changes noted. All voted in
favor and the motion carried.
CONSENT AGENDA
There were no
adjustments or changes to the consent agenda.
Commissioner McGrady made the motion to approve the consent
agenda as presented. All voted in favor and the motion carried.
The Consent
Agenda included the following:
Minutes
Draft minutes
were presented for board review and approval of the following meeting(s):
April 23, 2009 – Special Called
Meeting
May
4, 2009 - Regularly Scheduled Meeting
May
7, 2009 – Special Called Meeting
May
20, 2009 – Regularly Scheduled Meeting
Tax Collector’s Report
Stan Duncan,
Interim Tax Collector, had provided the Tax Collector’s Report dated May 22,
2009 for the Board’s information.
Financial Report/Cash Balance Report – April 2009
Included for the Board’s review and
approval were the County Financial Report and Cash Balance Report for April
2009.
The fiscal YTD deficit in
the Travel & Tourism Fund is due to the current economic situation and less
revenues being collected in months that travel/lodging business is typically
slower resulting in less occupancy tax collections. The Travel & Tourism
Fund budget includes $173,957 in appropriated fund balance for the current
fiscal year.
The fiscal YTD deficit in 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 that the Board of Commissioners approves the County’s
April 2009 Financial Report and Cash Balance Report as presented.
Henderson County Public Schools Financial Reports – April
2009
Provided were
the Henderson County Public Schools April 2009 Financial Reports for the
Board’s information.
Staff requested
that the Board consider approving the School System’s April 2009 Financial
Reports as presented.
The suggested
motion was:
I move that the Board of
Commissioners approves the April 2009 Henderson County Public Schools Financial
Reports as presented.
Western Highlands Area Authority – Quarterly Fiscal
Monitoring Report (FMR) for the period ended March 31, 2009
G.S. 122C-117(c)
requires the staff of the local area mental health authority to provide the County
Finance Officer with the quarterly Fiscal Monitoring Report (FMR) within 30
days of the end of the quarter. The
County Finance Officer is then required to provide the FMT to the Board of
Commissioners at the next regularly scheduled meeting of the board. The FMR for Western Highlands Area Authority
was received by the County Finance Officer on May 8, 2009.
Suggested
Motion:
I move that the Board of
Commissioners approves the Western Highlands Area Authority Fiscal Monitoring
Report for the period ended March 31, 2009.
Home and Community Care Block Grant for Older Adults
County Funding Plan
Each year the
Board of Commissioners is required to adopt a Funding Plan for the Home and
Community Care Block Grant for Older Adults and identify the lead office or
agency responsible for coordinating the County Funding Plan. At this time, the Funding Plan for Fiscal
Year 2010 is estimated to be $722,595, which is an increase of $23,380 over the
amount received in FY 2009. This is a
State / Federal program administered at the local level. The proposed Funding Plan supports the
service priorities identified for the current planning cycle.
Suggested
Motion:
I move that the Board appoints
the County Manager’s Office as the Lead Agency and approve the proposed FY 2010
Funding Plan.
Changes to Nursing/Adult Care Home Community
Advisory Committee Bylaws
The Committee
reviewed its Bylaws at a subsequent meeting and suggested editorial changes to
the Bylaws.
Suggested
Motion:
I move the Board approves changes
to the Nursing/Adult Care Home Community Advisory Committee Bylaws as presented
with any changes noted by the Board.
Offer to purchase tax-foreclosed property
The Wildwood
Gardens Homeowners Association, Inc., has offered to purchase two parcels of
real estate which were subject to a tax foreclosure by the County.
TRACT
ONE: The property is described as Lot
5-18, Wildwood Gardens Subdivision, 0.08 acres, deed book PIN 96-42999653, with
a tax value of $1,000.00. The offered
price is the sum of Ten Dollars ($10.00).
It
is believed that this lot was originally foreclosed by the County in or before
2006.
TRACT
TWO: The property is described as Lot
5-19, Wildwood Gardens Subdivision, 0.08 acres, deed book PIN 96-42999653, with
a tax value of $1,000.00. The offered
price is the sum of Ten Dollars ($10.00).
If the Board
agrees to provisionally accept either of these offers (or both), it/they would
be subject to advertisement in The Times-News and ten-day period for upset bids
pursuant to your policy, adopted 29 June 2005.
Although not required as a courtesy it is the custom of the County to
also give regular mail notice to adjoining property owners.
Suggested
motion:
I move that the Board
provisionally accepts the offer of Wildwood Gardens Homeowners Association,
Inc., to purchase the parcel described in this agenda item, subject to the
procedures required by this Board for tax foreclosure sales.
Consideration of Proposed Transit Service Renewal
contract and Amendment
Formal action by the Board of
Commissioners is necessary to approve extension of the Contract with WCCA.
Suggested Motion:
I move that the Board of Commissioners authorize the County Manager to
execute the proposed renewal contract and amendment, which establishes new
rates for the service and extends the contract with WCCA through June 30,
2011.
Water Line Extension – Etowah Town Square
The City of Hendersonville has requested
that the County comment on the proposed water line extension for Etowah Town
Square. The proposed water line is 1285 linear feet. The project is located within the Rural
Transition Area and a Commercial Service Center. This is consistent with the
Henderson County 2020 Comprehensive Plan. A City of Hendersonville Project
Summary Sheet, with backup documents and County Review Sheet with Staff
comments, were provided for Board review and action.
Action by the Board of Commissioners is
needed to either grant or deny this request. If the Board decides to approve
the requested extension the following motion has been provided.
Suggested Motion:
I move that the Board approve the Etowah Town Square
water line extension and direct Staff to convey the County’s comments to the
City of Hendersonville.
Selection of
Engineering Firm for Community Development Block Grant – Warm Company sewer
line improvements
The 2008 Community Development Block
Grant (CDBG) Infrastructure project will assist a Henderson County business,
the Warm Company, in acquiring a sewer connection. The CDBG funds will provide
for approximately 2,000 linear feet of gravity sewer main with a total project
budget of $200,000. As part of the
procurement requirements associated with the grant, a Request for Qualifications
(RFQ) for Engineering Services was advertised. A total of 8 firms submitted
qualification statements.
After review of the engineering
qualification statements received by the project scoring committee, it is
recommended that the Board of Commissioners select William Lapsley &
Associates, P.A. for the project engineering. Lapsley & Associates received
the highest ranking and appears to be the most qualified firm to complete the
project. Their strong reputation for quality work, extensive experience with
civil engineering, CDBG grant projects, and familiarity with the project area
stand out among the other firms. The submitted qualification statements are
available in the Planning Department for inspection.
The Board has previously reviewed this
project and approved the grant application.
Planning Staff is now implementing the grant and no County matching
funds are required.
Planning Staff requests that the Board select and authorize staff to contract with Lapsley & Associates, P.A., for engineering services pursuant to CDBG #08-C-1848.
Suggested Motion:
I move that the Board select Lapsley &
Associates for the project engineering and authorize staff to enter into a
contract for engineering services with Lapsley & Associates regarding infrastructure
improvements pursuant to CDBG #08-C-1848.
Renewal of lease
– National Bicycle League Inc.
This league would continue in effect the
standing lease with the National Bicycle League, Inc. (“NBL”), for the
operation of the “BMX” track located at Jackson Park. Several years ago, NBL constructed and has
since maintained the track, and has operated and supervised “BMX” events
there. The current lease expires 30 June
2009. This lease would extend until 30
June 2012.
Suggested Motion:
I move that the Board approves the lease for the
“BMX” track at Jackson Park with National Bicycle League, Inc., and authorizes
the Chairman and staff to take such actions as are necessary to execute the
same for the County.
Probation
and Parole Lease in 1995 Courthouse
The current
lease between Henderson County and the Department of Corrections (DOC),
Probation and Parole for the space in the 1995 Courthouse expired February
2008. Since the expiration of the Lease, we have been continuing month to month
at the last rate of $1080.10 per month for approximately 1,543 square feet.
Previously the Board responded to the renewal of the Lease with a proposed
Lease closer to the market rate of $1,543 per month. Mr. Ron Moore with DOC
responded that their policy will only allow for an increase of 4% to $1,123.30
which is reflected in the attached proposed Lease. DOC’s proposed Lease is for
three years: one year with two yearly extensions. The consideration of the Lease renewal has
been on hold pending the resolution of the overcrowding problem in the 1995
Courthouse. Since Probation and Parole are not identified to relocate out the Courthouse,
renewing the Lease is appropriate. Also note, the Leased square footage of
Probation and Parole is for 1,543 sf which is less than the actual square
footage occupied. From our space studies, they are occupying approximately
7,000 sf. Mr. Moore explained that the 1,543 reflects the space allocated per
policy and the remaining space is provided by the County without compensation from
the State and outside of the Lease. In addition to DOC policy, the Leased space
is based on specific rooms in the Courthouse. These rooms are located within
the Adult Probation area.
Staff requests
that the Board consider approving the attached Lease for Probation and Parole
for office space in the 1995 Courthouse.
Suggested Motion:
I
move that the Board approves the Lease for Probation and Parole for office
space in the 1995 Courthouse.
WCCA Community
Service Block Grant Application
The Western Carolina Community Action
(WCCA) FY 2009-2010 Application for funding for the Community Services Block
Grant Program was provided. WCCA
requested 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.
The Board originally approved the
application at the March 2, 2009 meeting.
However, the State requested that WCCA make some changes to the
application. Also, an additional $16,000
has been added to the program at the federal level since the application was
originally approved by the Board.
Staff recommends that the Board of
Commissioners endorses WCCA’s FY2008-2009 Application for Funding and authorize
the Chairman to execute the required documents.
Suggested Motion:
I move that the Board endorses this application and
authorize the Chairman to execute the required documents.
NOMINATIONS
Notification of Vacancies
The Board was
notified of the following vacancies which will appear on the next agenda for
nominations:
1.
Dana Communities Planning Committee – 9 vac.
Nominations
1. Alliance for Human Services – 1
vac.
Commissioner McGrady nominated Amy Brantley for position
#1. Chairman
Moyer made the motion to accept the appointment of Amy Brantley to position #1
by acclamation. All voted in favor and
the motion carried.
2. Blue Ridge Community College
Board of Trustees – 2 vac.
Commissioner Williams nominated for reappointment
William Farrell for position #1 and Chip Gould for position #3. Chairman
Moyer made the motion to accept the reappointments by acclamation. All voted in favor and the motion carried.
3. Cane Creek Water and Sewer
District Advisory Committee – 5 vac.
Commissioner Messer nominated for reappointment Charlie
Messer for position #1, P. Richmond Meadows for position #2, John W. Davis for
position #3, Jeff Young for position #6, and Billy Johnston for position
#7. Chairman
Moyer made the motion to accept the reappointments by acclamation. All voted in favor and the motion carried.
4. Child Fatality Prevention Team – 1 vac.
Dr. Diana
Curran, Chair of the committee had made a recommendation for nomination of
Diana Sierra for position #6. Chairman
Moyer nominated Diana Sierra for position #6 and further made the motion to accept the appointment of Diana Sierra
to position #6 by acclamation. All voted
in favor and the motion carried.
5. CJPP (Criminal Justice Partnership Program) – 2 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
6. Environmental Advisory Committee
– 4 vac.
Commissioner McGrady nominated for reappointment Jeff
Jennings for position #2, Ronald Ehlinger for position #4, and Jim Fickes for
position #8. Chairman Moyer made the motion to accept the reappointments by
acclamation. All voted in favor and the
motion carried. Commissioner McGrady
nominated for appointment Richard Freudenberger for position #6. Chairman
Moyer made the motion to accept the appointment of Richard Freudenberger to
position #6 by acclamation. All voted in
favor and the motion carried.
7. Fire and Rescue Advisory
Committee – 3 vac.
Commissioner McGrady nominated for appointment John Cudd
for position #1 and Chris Moore for position #5. Chairman
Moyer made the motion to accept the appointment of John Cudd to position #1 and
Chris Moore to position #5 by acclamation.
All voted in favor and the motion carried. Commissioner Messer nominated Jay Alley
for position #7, which is a Committee nomination position. Fire Marshal Rocky Hyder recommended Bobby
Dotson for position #7. The Fire and
Rescue Advisory Committee would be given both names and bring a recommendation
back to the Board.
8. Henderson County Board of Health
– 4 vac.
Commissioner Young nominated for reappointment Jennie Y.
Hernandez for position #4, Jack Romer for position #6, and Mr. Terry Hicks for
position #10. Chairman Moyer made the motion to accept the reappointments by
acclamation. All voted in favor and the
motion carried.
Commissioner Young noted that position #11 was vacant at
this time and recommended that this position be designated as a Faith Community
Member. Further discussions will be held
in regards to this suggestion by the Board of Health.
9. Henderson County Historic
Courthouse Corporation – 3 vac.
There were no nominations at this time
so this item was rolled to the next meeting.
10. Hendersonville City Zoning Board of Adjustment – 1
vac.
There were no
nominations at this time so this item was rolled to the next meeting.
11. Historic Resources Commission –
2 vac.
Commissioner McGrady nominated Dries Jansma for position
#7. Chairman
Moyer made the motion to accept the reappointment of Dries Jansma to position
by acclamation. All voted in favor and
the motion carried.
12. Jury Commission – 1 vac.
There were no nominations at
this time so this item was rolled to the next meeting.
13. Juvenile Crime Prevention
Council – 22 vac.
Commissioner McGrady nominated for reappointment Rob
Curtis for position #1, Nathan Stallings for position #4, Rodney Wesson for
position #5, Rose Stouder for position #6, Ms. Jerrie McFalls for position #7,
Selena Coffey for position #8, Bill Moyer for position #11, Sheila Devine for
position #16, Joseph Glowacki for position #20, and Mary Murray for position
#22. Chairman
Moyer made the motion to accept the reappointments by acclamation. All voted in favor and the motion
carried. Commissioner Messer nominated
for appointment Michael Cox for position #3 and Linda Carter for position
#19. Chairman
Moyer made the motion to accept the appointment of Michael Cox to position #3
and Linda Carter to position #19 by acclamation. All voted in favor and the motion carried.
14. Library Board of Trustees – 1
vac.
Commissioner Young nominated for reappointment Morton
Lazarus for position #4. Chairman Moyer made the motion to accept the
reappointment of Morton Lazarus to position #4 by acclamation. All voted in favor and the motion carried.
15. Mountain Area Workforce
Development Board – 2 vac.
Chairman Moyer nominated for reappointment Dr. Molly
Parkhill for position #4 and further
motioned to accept the reappointment by acclamation. All voted in favor and the motion carried.
16. Nursing/Adult Care Home
Community Advisory Committee – 4 vac.
Commissioner McGrady nominated for reappointment
Julianne Kilcullen for position #2, Dauna Donato for position #7 and Calvin
Titus for position #9. Chairman Moyer made the motion to accept the
reappointments by acclamation. All voted
in favor and the motion carried. Chair
Nuala Fay had recommended Everett Sauer for position #17 and Chairman Moyer
made the nomination. Commissioner McGrady made the motion to
accept the appointment of Everett Sauer to position #17 by acclamation. All voted in favor and the motion carried.
17.
Senior Volunteer
Services Advisory Council – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
18. Smartstart – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
Chairman Moyer noted that a number of
applications have been received for the Dana Community Planning Committee and
the plan is to begin making appointments at the July 6, 2009 meeting.
N.C. Education
Lottery Fund application
Finance Director
Carey McLelland stated that official notification has been received that
Henderson County would be receiving a lottery distribution. The amount was actually $393,540.00 which is
the largest distribution we have received in 2009 thus far.
Staff requested
that the Board consider approving the N.C. Education Lottery Fund Application
for $398,697.37 to pay for current fiscal year debt service on the new
Sugarloaf Road Elementary School project.
There is no match requirement to pull down lottery funds. This application will be presented to the
Board of Education for approval at their next possible meeting.
These funds have
been budgeted as revenue in the current fiscal year to pay school debt
service. An application to use lottery
funds requires approval from both the Board of Commissioners and the Board of
Public Education.
Commissioner Young made the motion that the Board of
Commissioners approves the N.C. Education Lottery Fund application as
presented. All voted in favor and the
motion carried.
Mr. McLelland
stated that if Henderson County had received an ADM distribution for the past
quarter it would have been the same date.
To date he has not received any official notification that those funds
are going to flow from the State budget office.
He is hopeful that it has just been delayed. We are running a deficit in that particular
fund at this time.
Chairman Moyer
asked the County Manager if ADM funds arrive if the Board would have to take
action to withdraw them.
Mr.
Wyatt responded that it would have to be approved and suggested that the Board
go ahead and authorize the Chairman’s signature.
Commissioner Williams made the motion that the Board
authorizes sending the application for any ADM monies as soon as they become
available, and that the application of withdrawal may be signed and submitted
by the Chairman. All voted in favor and
the motion carried.
SHOP/DINE
HENDERSON COUNTY UPDATE
Bob Williford, President of the Henderson County Chamber of Commerce, updated the Board on the Shop/Dine Henderson County Campaign that began on November 23, 2008. The total budget for Shop/Dine was $23,500.00. To date $23,427.58 has been spend with $72.42 remaining in budget.
RECOMMENDATION
FOR COMMISSION APPOINTMENT OF CAP-DA LEAD AGENDY IN HENDERSON COUNTY
Community Social Services Program Administrator 2 Penny Summey stated that staff was making a recommendation of appointment for lead agency for the Community Alternative Program for disabled adults (CAP-DA).
The Board of
Commission appoints: (a) a lead agency to administer the Community Alternatives
Program for Disabled Adults (CAP-DA); and, (b) provides the NC Division of
Medical Assistance (DMA) a letter of designation with effective date.
Weighing the
following strengths, Park Ridge Hospital is recommended for appointment as Henderson
County’s CAP-DA lead agency:
Mission includes community service development and
outreach services
Large, stable hospital with extensive medical
resources and service depth
Active participation and leadership in
community-based services to elderly and disabled, including Partnership for
Independent Living, Health Aging Coalition, and Home and Community Care Block
Grant Committee
Medicaid procedure and billing expertise and
established working relationship(s) with state and county Medicaid office(s)
Home health provider
Capacity to directly contract with NC DMA and
handle all transitional arrangements and requirements with Pardee and NC DMA
Diane Sedgwick,
Director of Home Health Agency stated that Park Ridge Hospital is truly
committed to the health and wellness of Henderson County and the
community. This is an opportunity for
them and blends in with what they are doing.
A request was
made for the appointment of Park Ridge Hospital as lead agency to administer
Henderson County’s CAP-DA Program.
Commissioner
Williams made the motion that Park Ridge Hospital be appointed as CAP-DA lead
agency for Henderson County and a letter of designation be sent to the NC
Division of Medical Assistance with the
effective date of July 1, 2009. All
voted in favor and the motion carried.
REVIEW SPECIAL
INTENSITY ALLOCATION (SIA) application WD-2009-04-01, SUBDIVISION FOR EXISTING
FLAVOR 1ST GROWERS AND PACKERS INC.
Commissioner
Mark Williams requested that he be recused from both SIA Applications as he is
employed by Flavor 1st Growers and Packers, Inc., the applicant.
Chairman Moyer made the motion that the Board grants
Commissioner Williams request to be recused from participation and voting on WD
– 2009-04-01 and WD – 2009-04-02. All
voted in favor and the motion carried.
Natalie Berry
presented the first application
submitted by Brian D. Rose, President, on property located in Mills River Township,
for approval of a subdivision of an existing parcel of land where an existing
business is located ( 331 Banner Farm Road) on March 31, 2009. The existing
business Flavor 1st Growers & Packers, INC has an existing structure with
associated parking and sidewalks. The total impervious surface is 120,546
Square Foot. The application (Brian D. Rose, President) has proposed to
recombine two parcels and then re-subdivide to clean up property boundaries of
the existing business. The applicant request that the two proposed tracts be subdivided
such that tract “One” being 8.99 acres and remaining tract “Two” will be
combined to another tract in application WS-2009-04-02 to create a second tract
for Flavor 1st Growers & Packers, INC. Tract “One” is the tract requesting
a Special Intensity Allocation (SIA) permit.
Tract “B” will request a Special Intensity Allocation (SIA) permit under
separate application. The proposed Tract
“One” meets all criteria set for a SIA permit.
The applicant
proposes to resurvey the property to include the entire manufacturing plant and
associated parking to be on one parcel of land.
History of
Property
The property
received a Special Intensity Allocation permit on June 1, 2004. Impervious surface was 57 percent at that
time and 3.12 acres was removed from the allocation. On April 19, 2005, Mountain Bean Growers
applied for a watershed permit to expand the manufacturing plant. The applicant had brought a new survey
combining three parcels together to create one single parcel at 24.41
acres. The watershed permit was issued
and the impervious surface was at 14 percent.
March 31, 2009, the applicant requested a Special Intensity Allocation
permit to redefine the property boundaries.
The current property boundaries according to on-line GIS on March 31,
2009 were shown. There is a discrepancy
on parcel boundaries: Plat 5450 recorded
April 19, 2005 has all three parcels combined.
On-line GIS does not reflect that recorded plat. The newly created parcel will be 8.99
acres. The previous 3.12 acres will be
placed back into the allocation prior to removing 8.99 acres if approved. The impervious surface would be 69 percent.
Category 3 has a
total of 25.593 acres; this application removes 8.99 acres from the total if
approved. Since the original 3.12 acre parcel already applied for an SIA in
2005, I added back this amount so as not to remove the same 3.12 acres twice.
This would leave 19.723 acres for future projects located in the WS-III Balance
of Watershed district. The Watershed
Administrator recommends approval of project as submitted.
Commissioner Young made the motion that the Board
approves the application for Special Intensity Allocation WD–2009-04-01 (WS-III
Balance of Watershed) for Flavor 1st Growers and Packers INC. as
submitted. The vote passed 4-0 with
Commissioner Williams being recused.
REVIEW SPECIAL
INTENSITY ALLOCATION (SIA) application WD-2009-04-02, SUBDIVISION FOR EXISTING
FLAVOR 1ST GROWERS AND PACKERS INC.
Natalie Berry
presented an application by Brian D. Rose, President, on property located in
Mills River Township, for approval of a subdivision of an existing parcel of
land where an existing business is located on March 31, 2009. The proposed
business Flavor 1st Growers & Packers, INC has an (12,000 Square Foot)
building with associated parking and sidewalks (171,765 Square Foot). The total
impervious surface is 183,765 Square Foot. The application (Brian D. Rose,
President) has proposed to combine two parcels to create the new boundary for
the proposed business. The applicant request that the two proposed tracts be subdivided
such that tract “Two” being 15.42 acres will be the result. Tract “Two” is the
tract requesting a Special Intensity Allocation (SIA) permit. Tract “One” will
request a Special Intensity Allocation (SIA) permit under separate application.
The proposed Tract “Two” meets all criteria set for a SIA permit.
The applicant proposes
to construct a new manufacturing plant and associated parking on one single
parcel. April 19, 2009 the applicant
brought in a new survey combining three parcels together to create one single
parcel at 24.41 acres. March 31, 2009
the applicant requested a Special Intensity Allocation permit to redefine the
property boundaries and construct a new manufacturing plant. There is a discrepancy on parcel
boundaries: Plat 5450 recorded April 19,
2005 has all three parcels combined.
On-line GIS does not reflect that recorded plat. The newly created parcel will be 15.42
acres. The impervious surface would be
27 percent.
Terry Baker with
Associated Land Surveyors, representing Flavor 1st, stated that they
now have plans to build a new building on the parcel which will not connect
with the other building. The first part
will be a storage type facility with room to be able to add on or add another
building in the future. This will clean
up the boundary lines as one building was built on the property line.
Category 3 has a
total of 19.723 acres; this application removes 15.420 acres from the total if
approved. This would leave 4.303 acres for future projects located in the
WS-III Balance of Watershed district.
The Watershed
Administrator recommends approval of project as submitted.
Commissioner
McGrady inquired if this application is approved, what would happen when the
remaining Watershed III area is gone.
Ms. Berry
responded building stops. It goes back
to 24% which is allocated by right.
There would 4.3 acres left if this application is approved unless she
reclaims some that does not get built on.
Commissioner McGrady made the motion that the Board
approves the application for Special Intensity Allocation WD–2009-04-02 (WS-III
Balance of Watershed) for Flavor 1st Growers and Packers INC. as
submitted. The vote passed 4-0 with
Commissioner Williams being recused.
improvement
guarantee extension for phase I and IIa OF THE SEVEN FALLS GOLF AND RIVER CLUB
DEVELOPMENT
Anthony
Starr stated that on July 2, 2007 the Board of Commissioners issued an
improvement guarantee for Phase I of the development known as Seven Falls Golf
and River Club. The developer posted with the County an irrevocable letter of
credit in excess of $6 million to cover the cost of the improvements
($5,067,470) and required 25% contingency ($1,266,867). The Developer proposed
completing improvements on or before June 1, 2008. The developer completed an
estimated $1.4 million of the $5 million in improvements during the period from
June 1, 2007 through June 23, 2008.
On
July 23, 2008 Planning Staff issued an improvement guarantee for Phase IIA and
which provided an extension of improvement guarantee approval for the remaining
improvements in Phase I. The developer posted with the County a bond in the
amount of $6 million to cover the cost of the remaining improvements in Phase I
($3,662,550) and the required improvements in Phase IIA ($1,094,350) with a
required 25% contingency ($1,189,225). The Developer proposed completing improvements
on or before June 1, 2009.
Mr.
Bill Lapsley of William G. Lapsley and Associates, representative to the
developer, Keith A. Vinson, Manager of Seven Falls, L.L.C. are requesting a
two-year extension of the improvement guarantee for Seven Falls Phases I and
IIA. The applicant has indicated the reason for the extension request is
incomplete improvements resulting from lengthy delays in obtaining water and
sewer system approvals. The Developer’s intent is to include much of this
subsurface water and sewer infrastructure beneath the internal road network
which has prevented any road work beyond grading.
The
developer would be required to post with the County a bond or irrevocable
letter of credit in the amount of at least $5,926,374 to cover the cost of
remaining improvements $4,741,100
($3,646,750 in Phase I; $1,094,350 in Phase IIA) and the required 25%
contingency ($1,185,274). The applicant is requesting the ability to complete
the improvements on or before July 1, 2011.
Planning
Staff recommends the Board of Commissioners grant a one year extension of the
existing improvement guarantee for Phase I and IIA to complete the
improvements. Planning Staff recommends an extension requests be granted at one
year intervals to evaluate the progress of the improvements. The Board has the authority to execute the
bond at which point the County or a bonding company would be overseeing the
remaining improvements; approximately $5 million worth on the site. A lot of time would be involved managing this
and he was not certain this would be an ideal scenario but was a consideration.
Chairman
Moyer noted that the developer of Seven Falls has turned over the site for the
fire station which they committed to do to the fire department; the deed will
be recorded tomorrow and ownership of the land will be in the fire
department. The builder for the station
is hopeful to move relatively soon on the station. It was indicated that the water and sewer
would also be started shortly.
Attorney
Russ Burrell stated that both houses of the legislature have passed legislation
that would extend all of the permits that have already been granted for Seven
Falls for a period at least through 2010.
There is some difference in the two houses language and this should be
ironed out in conference committee. You
are dealing with a situation where the odds are very good that the legislature
is going to extend the permits that you have already granted without any
further action by the Board. This agenda
item is only for the improvements guarantees that are authorized and will
continue to be authorized.
Commissioner
McGrady asked if this were specific legislation to Seven Falls or general
legislation specific to all developments in North Carolina.
Mr.
Burrell stated it was legislation to all developments in North Carolina.
Commissioner McGrady questioned if the original approval
of this subdivision came forward as a vested rights proceeding.
Mr. Burrell responded that there is a development
agreement which is contractual vested rights.
Commissioner McGrady questioned if the Board extends the
improvement guarantee would they not be extending the underlying agreement
regarding development.
Mr. Burrell stated this is true though the legislation in
the legislature expressly extends those types of agreements as well basically
into 2010.
Commissioner Moyer supports the 1 year but to make sure
we are protected, as part of the motion that the new bond would be in the
County’s hand at least 10 days and have a chance to verify it before the old
bond expires.
Mr. Starr explained that as a matter of practice,
planning staff requires that any letter of credit or bond be 45 days past our
agreement date.
Commissioner McGrady
made the motion that the Board grants a one year extension of the existing
improvement guarantee for Phases I and IIA of the Seven Falls Golf and River
Club Development, extending approval through June 1, 2010. All voted in favor and the motion carried.
FY2009-2010
BUDGET DISCUSSIONS
County
Manager Steve Wyatt stated that on May 22, Selena Coffey and Amy Brantley put
together a list of outstanding budget issues that came along during the
discussions at the workshop. Thirteen issues were identified and others
may have arisen since that time.
County staff
received late notification that we will receive an additional $5,997 in Home
and Community Care Block Grant funds in the upcoming fiscal year. Staff requests that the Board approve this
addition to expenditures and revenues as there are no County dollars in this program. Additionally following information explains a
change that has been requested in the overall County budget or funding for this
program.
FY 2009-2010
Budget
Outstanding
Issues carried from May 20th Budget Workshop
|
1.
Two DSS positions recommended for elimination: Volunteer Services and Computer Support |
Addition to
budget |
$87,772 |
|
2.
Repair/replace fiber link between E911 Center and
Historic Courthouse |
Addition to
budget |
$28,605 |
|
3.
Back-up generator for IT and Detention Center |
Addition to
budget |
To be determined |
|
4.
School Budget appropriation for School Resource
Officers. HCPS has budgeted $257,859
in State At-Risk funds for four Sheriff’s SROs at North, East and West High
Schools and one at Balfour. Funding
from the state for SROs is currently $37,838 per school, so for four
locations is $151,352. The current
funding formula of $37,838 per SRO will be cut by the state next year, but
the amount is unknown. |
Possible
addition to budget |
Up to $68,648 |
|
5.
Status of currently frozen but funded positions
following adoption of FY2020 budget |
Currently
funded - Subtraction if
cut |
$493,995* |
|
6.
Fuels costs – amount per gallon used to compute
budgeted allocation. $4.00 a gallon
used. $850,000 total fuel budget,
$752,000 in General Fund. |
If reduced it
would decrease |
Each $.025
cent incremental reduction = $47,000 |
|
7.
Economic Development / Chamber Building |
Net deduction |
$17,199 |
|
8.
Payoff schedule for debt service on the 6th
Avenue Clubhouse |
Current
balance is $197,547.61. Annual debt
service payment = $34,012 with final payment in FY2015 |
|
|
9.
Health Department Overflow Parking Lot |
Addition to
budget |
Gravel =
$11,000 Pavement =
$25,000 |
|
10. Schools
expansion request |
|
Current =
$187,017 Capital =
$345,000 |
|
11. Freezing
appropriation of capital funding to schools based on State ADM decision |
Reduction if
froze |
$449,889 |
|
12. Property/Liability
Insurance reduction |
Possible
reduction |
$210,306 |
|
13. Tax Function
consolidation |
To be
determined |
|
Frozen/Funded
Positions in Fy2009-2010 Budget*
Department Position Position
# TOTAL
County Manager Administrative Assistant 403002 $60,301
Human Resources Benefits Coordinator 405004 $66,501
Garage Vehicle
Mechanic 420002 $44,250
Animal Services Office Assistant III 438010 $35,981
Health Phy Ext 351002 $87,851
Health Public
Health Nurse II 351011 $60,799
Health Foreign
Language Interpreter 351012 $35,559
Library Librarian
II 611010 $54,606
Revaluation
Reserve Property Appraiser 417009 $48,148
TOTAL $493,9
95
Additional
Issues/Amendments to Budget as proposed May 4, 2009
Account Item Amount
|
115513-569900 |
Home and
Community Care Block Grant Expenditure |
$5,997 |
|
114313-455001 |
Home and
Community Care Block Grant Revenue |
($5,997) |
|
115402-569900 |
WCCA Grant
Match – 100% funding toward administrative local match |
$0 |
|
Total $ |
$0 |
|
Changes to the
inspections fee schedule requested by staff to more accurately reflect how
commercial inspections are calculated.
|
ITEM |
FEE |
|
Commercial –
Fees are based on dollar value of each building |
|
|
For the first
$10 million in value of each building |
$7.00 per
$1000.00 + $50.00 ($50.00 minimum) |
|
For value over
$10 million for each building |
$3.50 per
$1,000.00 |
|
Renewal Fee |
50% of
original fee |
|
Private
on-site water and sewer systems |
$50.00 |
|
Straights –
Electrical, Plumbing, Mechanical |
$50.00 |
|
Re-inspection
Fee |
$50.00 |
|
Minimum
Inspection Fee |
$50.00 |
|
Penalty for
starting work without permit |
100.00 +
double permit fee |
County Manager
Steve Wyatt addressed an additional item. They have been negotiating Property liability
insurance and we see a possible savings at renewal of $210,000.
BREAK
A break was
taken in order to change video tapes.
PUBLIC HEARING
– 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (#06-c-1600) cLOSEOUT FOR sHUEY kNOLLS
pHASE iii
Commissioner McGrady made the motion that the Board
to go into public hearing. All voted in
favor and the motion carried.
Planner Parker Sloan stated in 2006 the
Board of Commissioners partnered with Habitat for Humanity by applying for and
receiving a Community Development Block Grant (CDBG, Grant # 06-C-1600) in the
amount of $189,840.00. The CDBG Housing Development project assisted Henderson
County Habitat for Humanity to increase the amount of affordable housing
available to county residents. In 2008,
the Board of Commissioners approved Phase III for the Shuey Knolls. The CDBG
funds provided 1,200 linear feet of water line and road improvements to serve
21 homes in Phase III of Shuey Knolls. The County began the request for proposal
process in 2008 and the project was completed in the spring of 2009. A public
hearing is required to formally closing out the grant.
Staff provided a brief presentation on
the Shuey Knolls Phase III project to the Board. In 2006 the Board of Commissioners partnered
with Habitat for Humanity by applying for and receiving a Community Development
Block Grant (CDBG, Grant #06-C-1600) in the amount of $189,840.00. These funds were used to assist Habitat for
Humanity’s Shuey Knolls development by increasing the amount of affordable
housing available to county residents.
The increasing popularity of Henderson
County as an area to relocate or retire to has created a shortage of affordable
housing ownership and rental options for low/moderate residents of the
area. The Asheville Metropolitan
Statistical Area (MSA), of which Henderson County is part, has one of the
highest rates of housing cost increases in the country. In many instances, the only affordable
housing ownership option is manufactured housing, which does not build the
equity like stick built or modular units.
Henderson County Habitat for Humanity’s Shuey Knolls subdivision is one
attempt to offset the affordability housing gap within the county by building
quality single family housing that is both affordable and builds equity for
low/moderate income residents.
In July 2003 the Planning Board approved
the Master Plan for the Shuey Knolls neighborhood project. Shuey Knolls neighborhood is a phased
development. Over a five year period, approximately
eighty (80) new single family homes, and the infrastructure needed to support
the new construction will be built for sale to low to moderate residents of
Henderson County.
In 2008, the Board of Commissioners
approved CDBG funding for Phase III of Shuey Knolls.
The Phase 3 project assisted Habitat for
Humanity in providing 1,200 feet of water line and road improvements to serve
21 homes. Increasing Henderson County’s
affordable housing stock.
The County began the request for
proposal process in 2008 and the project was completed in the spring of
2009.
The project came in well under budget
and the scope of work was increase to maximize use of the grant. As a result, additional site stabilization
improvements were installed. This change
will allow for better water quality and reduced long term costs in the future.
When Phase three is completely built
out, the homes will look similar to the homes in Phase two.
There is one more Phase left in Shuey
Knolls and construction should start sometime soon in 2009. Henderson County Habitat for Humanity’s Shuey
Knolls subdivision is just one attempt to offset the affordability housing gap
within the county by building quality single family housing that is both affordable
and available for low or moderate income residents.
The Shuey Knolls neighborhood is located
in Edneyville on the south side of US Hwy. 64 and is adjacent to the new
Edneyville Community Center that will also benefit community residents.
No action is required by the Board.
Public Input
There was none.
Commissioner McGrady made the motion for the Board
to go out of public hearing. All voted
in favor and the motion carried.
pUBLIC heARING
– fy2009-2010 BUDGET PUBLIC HEARING
Commissioner Messer made the motion that the Board
to go into public hearing. All voted in
favor and the motion carried.
The purpose of this public hearing is to receive citizen input on the FY 2009-2010 Budget.
Chairman Moyer stated the rules with respect to comment. Each citizen would be allowed to speak for four (4) minutes.
Public Input
1.
Karen
Mathieson – Ms. Mathieson teaches at Hendersonville High School and spoke on
behalf of the teachers of Henderson County.
These are challenging times. Our
legislatures are charting waters that are unknown or at least unfamiliar to
them and there are very unsure as to the course of state. People are afraid of the unknown. Teachers tend to be optimistic by nature and
they know something about learning. It
is human nature to pay closer attention and learn quicker when there are
emotions involved. Rather than stand
around wringing our hands, teachers in Henderson County have decided to adapt a
new motto “A Challenge is a terrible thing to waste”. Educators call it learning
opportunities. They know how to
recognize them, utilize them, and teach them with valuable lessons. That’s what teachers are about. However, they who are not the policy and
decision makers can only continue to function as teachers and citizens and role
models in our schools and in our community when they have faith in our decision
makers. They have faith in their
superintendent, their senior staff, and their school board; and they have faith
in the Board of Commissioners, who is charged with the responsibility of
funding our schools. The teachers wish
the Board of Commissioners could spend more time with them so that they could
really see what it takes to make a difference.
The teachers know how difficult it is for the Commissioners to make wise
decisions with fewer resources and they want the Commissioners to know that
they sincerely appreciate all they do.
The teachers respect the process that the Board goes through to make the
good decisions. In teaching school, the teachers
work in a culture of waiting their turn, not having enough, using it carefully,
using less of it, making do with or without it, and finally making something
out of nothing. Talk about reduce, reuse
and recycle, they were green before it became fashionable. They are not complaining, they just need to
know that the Commissioners are there for them and then the teachers can help
the Commissioners to create a sense of calm and confidence in these troubled
times. The teachers have no money to
hand out to solve financial problems but they can show others how to have faith
in our democratic systems by continuing to find those learning opportunities
and accepting the challenges (by teaching).
From Henderson County teachers, Ms. Mathieson thanked the Board for
their willingness to make the difficult decisions and leadership.
2.
William
Alexander – Mr. Alexander appeared on behalf of Grant investment Group,
LLC. Mr. Rick Grant was present also to
make comment. Specifically they were
concerned with the schedule of building permit fees that the Board normally
adopts as part of the budget process.
They are not concerned about what will be taken from the county budget,
rather what they will be putting into it.
3.
Rick
Grant – Mr. Grant is a local general contractor, developing a large project in
Henderson County. Recently when they were
putting their budgets together, he became very quickly aware that Henderson
County’s building fee schedule, unlike most other municipalities, is not a
graduated fee schedule. It is very much
in line for lower cost projects with surrounding municipalities but it
apparently never contemplated a project the size of his with the first part at
$77 million. When they calculated the
building permit fee cost it quickly got their attention when it was over
$500,000 for the permit fee. They then
compared this to other local municipalities and it is four times the cost in
Buncombe County, two times the cost in Asheville and three times the average
cost across the state in the areas they looked at. The Planning Department was made aware of
this and Anthony Starr has worked with them and held several meetings with
them. The budget the Board is
considering has a reduced fee schedule for larger projects, however they still
believe that this fee schedule is not equitable. They do not wish to make a negative impact on
the county. They want to cover the
county’s cost for doing the inspections for their project but they don’t
believe that the new schedule which requires them to pay three times the fee in
Buncombe County or two times the state average is equitable. They do not believe that the county’s cost
will be anywhere close to these fees based on the many years of experience they
have in the building industry. Within
the next couple of days he would have a memo to each Commissioner stating their
position and their fact finding analysis.
He provided a handout that contains the fees as calculated in the other
municipalities throughout the state. He
feels this issue should have further discussions and hopes the Board will allow
further discussions with them before approval of this part of the budget. Mr.
Alexander concluded with the following:
The North Carolina legislature clearly authorizes the Board to establish
reasonable and necessary fees to defer cost in building inspection. They respect this and this project in no form
or fashion wants to be a negative drain on county resources. They want to pay the cost for inspections but
believe there is a method that can be discussed and applied which would prevent
them from essentially paying the equivalent of impact fees.
4.
Linda
Block – Ms. Block coordinates the Lead Poisoning Prevention Program serving
both Buncombe and Henderson County. Ms.
Block provided a grant proposal which was submitted for funding. This non-profit has been in existence for
thirteen years and has been in Henderson County for the last five years. This program is used to try to prevent lead
poisoning. They work together with the
Henderson County Health Department. The
Health Department works with children who already have lead in their system. Ms. Block stated that their proposal is to
continue and increase inspections that they are doing in homes in Henderson
County. Houses built before 1978 with
small children are at risk. If this
program is funded they can inspect the houses for free. More public education is needed; they do some
in Henderson County however they are based in Asheville. In order to do inspection they use a piece of
equipment called x-ray fluorescence spectrometer. This piece is an antique and has become
obsolete this year. It continues to
function and function quickly. By
placing it on an object it x-rays through the object and detects any lead. The normal amount of lead in a human body is
0. Young children are especially
susceptible to getting effected by lead.
After visiting homes approximately 2/3 have done some action to order to
improve their homes after the inspection is complete. Ms. Block is asking for funding to help buy a
new XRF. The cost is approximately
$22,000 and they have raised approximately one half of it. They are asking Buncombe County and Henderson
County for funds to help them to continue doing what they do and increase their
services in Henderson County. They plan
to do more outreach to the medical community and educate more doctors and nurses. Children are supposed to be tested on a
regular basis for lead. She doesn’t feel
that this is being done enough in Henderson County as only 65% of the children
are being tested and it should be 100%.
Medicaid requires 100%. They
offer education to contractors; the people who renovate old homes are poisoning
themselves and the owners if they do not know how to do it correctly. A new law will force them to get training by
April, 2010. (Chairman Moyer recommended
that Ms. Block approach United Way or the Community Foundation for
assistance) Ms. Block responded that
they had received $7000 toward the XRF from the Community Foundation. (Chairman Moyer further recommended the
Alliance for Human Services who normally does the Henderson County Human Services
funding.) Ms. Block responded they had
not.
5.
Paul
Trani – Dr. Trani is a pediatrician at Blue Ridge Community Health Services in
Henderson County. He has worked closely
with Linda Block in the Lead Poisoning Prevention Program since he began
practice in Henderson County four and one half years ago. He was not trying to convince the
Commissioners to be pro or anti-lead poisoning; no one is pro lead
poisoning. As a medical doctor he
previewed some of the salient features of lead poisoning. Most people realize that lead is toxin and
does not belong in the body. One of the
more interesting things coming out in medical literature currently is
information about chronic low level exposure to lead and its affect on the
growing brain; specifically behavioral developmental and intelligence programs
that are associated with children who have chronic low level exposure to
lead. The Health Departments in both
Buncombe and Henderson County operate on the current standards set by the US
Department of Health of an elevated lead level being ten micrograms per
deciliter. This is considered to be a
lead intoxication, not a poisoning, but could be detrimental to a child’s
health or development. This program goes
a step beyond as they start working with families for children who have lead
exposure levels between five and nine micrograms per deciliter. The Health Departments do not do site visits
to try to help prevent the continued chronic exposure to lead in their homes. It is important that we are testing children
on a regular basis for lead exposure.
Statistics are available for the rates of testing done in various
pediatric and family practices for both counties for the past thirteen
years. The Lead Poisoning Prevention
Program provides home visits, bilingual languages of the families being served,
and free of cost.
6.
Adrianne
Weir – Ms. Weir is with the Lead Poisoning Prevention Program. She has been with them for three years. There is a new regulation by EPA; renovation,
remodeling and paint maintenance regulation that should be in full force by
April 22, 2010. This regulation was
partially motivated because of the correlations that have been shown over the
years between children’s lead exposure, renovations being performed in their
house or being in an environment where a renovation has been performed and
proper safe guards were not taken into account when the work was done. There is lots of research coming out in
recent years about aging and the affects of occupational lead exposure. There are correlations between dementia,
cataracts, kidney disease, and high blood pressure in the aging population that
had been previously exposed occupationally.
A large number of people are affected by lead dust left behind. They want to continue being a resource for
the whole community.
Commissioner Young made the motion for the Board to
go out of public hearing. All voted in
favor and the motion carried.
Chairman Moyer
noted that the agenda contemplates a proposed schedule that has not been
approved by the Board yet. The Board
will be considering it later. The Board will finish discussion items and return
to the agenda. The agenda proposes that there be a thorough
discussion of all issues and then an additional meeting be set next week to
approve the budget. The Board has pushed
this back in order to get as much information as possible from the state but we
still do not have all of the information.
If a dire situation should occur we have until June 30 to complete the
budget and it could be put off until that date.
RECREATION
FEES: NON-COUNTY RESIDENT FEES
Recreation
Director Tim Hopkin stated that staff has been asked to research the issue of
charging differential fees for out‐of‐county residents and limiting the number
of hours for usage of recreation facilities per individual (such as shelters,
fields, amphitheater and community centers). The Recreation Department
currently charges a $15 participation fee for non‐county residents
for its programs, but does not charge a non‐county resident fee for reservation of
fields, shelters or community centers.
In its research,
staff has determined that Buncombe County and the Town of Black Mountain charge
non‐resident fees
for the use of their facilities, but other neighboring jurisdictions do not.
In its research,
staff has determined that it would be appropriate to charge a non-county
resident fee for the rental of athletic facilities (such as fields and courts),
shelters and community centers, as well as limiting the amount of time that
these facilities can be reserved to a 4‐hour block of time per individual/group.
The only exception would be for a full‐day field rental for tournaments or
other major sporting events. Additionally,
staff proposes that a $20 fee be assessed for non‐county residents
for these reserved facilities. This fee will be charged in addition to the
normal fee. Proof of in‐county address
will be verified by Recreation staff. The fee schedule is attached for the
Board’s reference.
After lengthy
discussion, the Board agreed that the non-county resident facility rental fee
should be $100 in addition to the regular fees.
Chairman Moyer made
the motion that the Board of Commissioners approves the changes to the
Recreation Department fee schedule in the FY 2010 budget to incorporate the non‐county resident
fee of $100 for rental of facilities as well as the 3‐hour time limit
for facility reservations. Chairman Moyer amended his motion for rental of shelters
to a 4-hour time limit for facility reservations. The vote passed 4-1 with
Commissioner Messer voting nay.
Chairman Moyer asked that the Recreation Advisory Board study the
capacity problem and see if they can find ways to address the problem.
MAINTENANCE OF
EFFORT (moe) fund allocation
County Manager
Steve Wyatt stated that Henderson County’s FY 2009 budget included $528,612 for
the provision of mental health services. At the November 3, 2008 meeting, the
Board of Commissioners allocated $440,000 of those funds, but left a
contingency balance which equals $88,612.
Staff has sent
out a funding availability notice to the local providers, requesting that they
submit a letter outlining any request for additional MOE funding, as well the
amount being requested for the remainder of the grant cycle, which runs from
November 1, 2008 through October 31, 2009. The following agencies submitted
requests by the due date:
Agency Amount
Requested Amount Recommended
Blue Ridge Community Health Services $
12,000 $
0
Henderson County Health Department $
29,500 $ 28,612
The Free Clinics $
50,000 $ 40,000
Vocational Solutions $
30,000 $
20,000
TOTAL $121,500 $ 88,612
Additionally, a
draft lease between Henderson County and 6th Avenue Psychiatric Rehabilitation Partners
was provided for the Board’s consideration. The annual lease amount specified
is for $70,332. Staff recommends the
Board approve the proposed lease as attached, and authorize the appropriation
of fund balance in this amount, currently being held with Western Highlands
LME, be appropriated to 6th Avenue Clubhouse to cover the lease
payment.
The Board is
requested to determine the allocation of the remaining Maintenance of Effort
funds, and direct Staff to distribute those funds. The Board is further
requested to approve the attached lease between the County and the 6th Avenue
Clubhouse, and to authorize the appropriation of $70,332 in fund balance
currently being held with Western Highlands LME to 6th Avenue Clubhouse to
cover the lease payment.
Mr. Wyatt stated
that there is a strong indication that the legislature is looking at Mental
Health LME fund balances as part of the State’s larger budget. This indicates that the mental health fund
balance will disappear and will end of being part of the state’s budget.
Chairman Moyer made
the motion that the Board approves the allocation of $88,612 in Maintenance of
Effort funds as recommended and further moved that the Board approves the lease
with the 6th Avenue Clubhouse as presented, and authorize the appropriation of
$70,332 in fund balance currently being held by Western Highlands LME. All voted in favor and the motion carried.
BUDGET
DISCUSSIONS CONTINUED
VETERAN’S CLINIC
chairman
Moyer noted that we have been working to try to get a veteran’s clinic in
Henderson County and try to improve the quality of their service. Possible ways were an extension of Pardee
Hospital, separate location, and the old Health Department building (no longer
an option). The information we have
received back from the Senator’s offices, Health Shuler and the veterans is
that because of the proximity to the Veteran’s Hospital in Asheville, they may
someday look at this but there are many places that have much greater distance
(and they determine based on distance) and greater need than we do and the
foreseeable future does not look positive.
One of the issues is when veteran’s go to Asheville it is normally a
full day and transportation through Apple Country is usually not satisfactory. A concept that is being looked at is using
some funding where you would have a dedicated van that would take Veteran’s to
the Veteran’s Hospital in Asheville and wait to bring them back. No cost figures are available at this time.
BREAK
A break was
taken to change video tapes.
IMPORTANT DATES
Chairman Moyer made the motion that the Board
schedules a Special Called Meeting on Tuesday, June 9, 2009 at 7:00 p.m. to
discuss budget issues. All voted in
favor and the motion carried.
Commissioner McGrady made the motion that the Board
schedules a Special Called Meeting on Monday, June 29, 2009 at 3:00 p.m.to
discuss budget issues. All voted in
favor and the motion carried.
Commissioner McGrady made the motion that the Board
cancels the Regular Scheduled Meeting on June 17, 2009. All voted in favor and the motion
carried.
CONSTRUCTION CONTROL CORPORATION – PROJECT
MANAGEMENT
Chairman Moyer
stated that the Board has been trying to deal with the issue of not having a
project manager. This would also involve
the maintenance issues and capital projects with the schools, not to do the job
for them, but to have someone to work with them representing the Board, and
keep us informed for good coordination in order to come out where we both want
to be.
County Manager
Steve Wyatt shared a copy of a project management proposal from the
Construction Control Corporation. He met
with two individuals with Construction Control the prior week and based on the
Board’s interest in looking at the cost effectiveness of the building programs
that the County Commissioners approved in April, we asked for a proposal for
construction control to look at different things they could bring to the table
as far as project management cost control and those type of things. This is not the cost for one person.
Owner
Representation Services
Provide a highly
qualified Project Manager who is acceptable to the County and is qualified to
provide all of the duties listed in the list provided, Description of Owner
Representation Services. This individual
will serve as your project consultant and devote an average of two or three
days per week (at BOC option) to your building program. This service is offered for the following
total cost:
Two days per
week $ 9,236
Three days per
week
$12,632
This cost
included all travel, secretarial support and report printing costs. In
addition, it includes central office technical support for their Project Manager. Their staff will be available to support the
Project Manager with any technical problems that may require additional
assistance.
Their role will
be to see that you get everything that you are paying for, that you do not pay
more than you should. Their Project
Manager serves as your advocate, completely committed to looking out for your
interests and keeping you fully informed.
Cost Management
Program
As a rule, if
you do not reduce costs during the design phase, then you do not reduce
costs. To effectively reduce costs and
assure keeping the designs within their budgets, the Cost Management Program
needs to be done during the design phase.
For this program they are recommending the following services:
Schematic Design
Cost Review – This is a review of the Architects design and schematic design
estimate. It relates to evaluating
options, providing value engineering input and making early decision on major
design systems such as structural, architectural, mechanical and electrical.
Design Development
Estimate – The schematic design is largely conceptual and of necessity, usually
includes a number of assumptions. At the
end of the design development phase, the design is sufficiently complete and
most of the assumptions have been eliminated.
The design development estimate is a detailed quantity survey estimate
which confirms where the project currently stands on cost and serves as the
basis for the major value engineering review.
This should be considered the most important estimate.
Major Value Engineering
Review- This occurs at the completion of the design development phase and is an
in-depth review of all aspects of the design.
When changes are recommended to reduce costs that represent a change in
quality, they are supported by a life cycle evaluation to show any impact on
operating, maintenance, and replacement costs.
Full
Construction Program Services
Construction
Control Corporation assumes the responsibility for the management and success
of your building program. They manage
the program; handle the problems and details while keeping you fully informed
and bringing to you any questions or issues that require Owner decisions. They work as an extension of our staff. During construction, they provide a full time
on-site Senior Site Manager and full time on –site Clerk/Contract Administrator
located in an office trailer on one of the construction sites. They assign a Senior Project Manager who will
support the Senior Site Manager and visit the site every two weeks. The Project Manager will handle all reporting
and see that all of their management procedures are being followed.
Additional
information was provided in a handout.
Chairman Moyer
stated that this information would require a lot of reading, thought, and
study. There are many implications of
which way to go. He felt that the Board
talked mostly about having them involved as an owner/representative to work as
the Board’s eyes and ears and work with the County Manager. Most of the rest of this information has been
put on the table by them.
Mr. Wyatt stated
that Mr. McClure and one of his engineering staff members would be here on
Thursday and Friday and also Monday evening to get with the Board in individual
sessions.
request for architect
qualifications
Chairman Moyer
was concerned that a Request for Qualifications for the Henderson County Law
Enforcement Center was on our website prior to approval of the budget. He did not feel that this type of request
would go out without the Board being aware.
Also, the Law Enforcement Center was lumped with all of the other county
projects into one large project and this should require discussion of the
Board. He felt that a lot of the
projects could be done by local architects as they were small projects.
County Manager
Steve Wyatt stated that when the Board instructed staff, and his interpretation
“approved the projects – gave the go ahead” they developed a schedule to enable
the county to proceed after the beginning of the fiscal year knowing that it
was subject to the availability of funds that would contingent on the final
option of the budget. Staff developed
the RFP that ran through the month of May.
There is a five or six person review team that will go over and rank the
six responding firms in the month of June and report back to the Commissioners
in July. He thought it was in the first
of May that he communicated to the Board that their idea was to bundle the
projects together in the effort to secure cost savings with the architectural
fees. This was communicated in the Manager’s
Communication. Conversations he had with
folks in the industry, given the size of the smaller projects, by bundling with
the larger projects it would enable us to get down into the tentative target of
a 5% fee. The decision obviously will be
the Board’s decision but to get us to the position to where we can bring the
information to the BOC’s after the beginning of the fiscal year, we have moved
along based on the actions taken at the April 23 meeting. In the Capital Facilities meeting we discussed
and the Board voted on about a half dozen individual type issues. The ones that were voted for were packaged in
an effort to try to save the fees because there will be some architectural
services that are necessary in each of the projects. Again, this was communicated to the Board
around the first of May. It will be the
Board’s decision if you decide to unbundle them. In the April motion it was to move forward
with the planning and to include that in the budget. The money for planning part of the Law
Enforcement Center is in the proposed next year’s budget. It has not been approved yet but staff wants
to be in a position, should the Board approve the budget, to move ahead in a
timely and cost effective manner. The
Board has the discretion to recommend a different course of action. Mr. Wyatt noted that he did not receive any
feedback contrary to the communication that he sent to the Board about the idea
of bundling them to try to save money.
With no feedback he authorized the engineer to move forward.
Chairman Moyer
stated that Mr. Wyatt had spoke with him about it and he thought that it would
unfair to the local architects and he did not feel that the Board would sit
well with it based on the policy adopted to try to help local firms where ever possible.
Mr. Wyatt stated
this was after they had put the RFP’s out.
Commissioner
Williams felt that some of these issues were discussed earlier and at that time
the Board did authorize the County Manager to go ahead with the planning part
of the Law Enforcement Center. We need
to move forward in a timely manner to take advantage of where we are. In terms of architects, he questioned if the
Board was tying themselves up as far as the discretion of the work being
done.
Commissioner
Messer was not aware it was all going to be bundled.
Mr. Wyatt
discussed the design and planning stages.
He stated that RFQ’s can be resented and the projects can be broken down
into smaller parcels.
Commissioner
Young understood that we were going to look at the architectural and
engineering part of the new Law Enforcement Center to have it “shovel ready”
for the 2010 budget cycle so that while the window on construction is still
open at a lower square footage price and while the interest rates are lower, we
would ready to go after we retire the $3 million of debt service payments next
year.
Commissioner
Williams understood the same and the following year he thought an additional
$2.2 million would be coming off of the debt servicing. The plans would be laid and if we choice to
go forward that we would be ready to go forward quickly. He would like to see the smaller projects
broken out to provide options for local construction companies to take part.
Commissioner
McGrady was surprised about the RFP’s and spoke with the County Manager. Mr. Wyatt directed him back to the May report
and the direction being taken was evident.
Mr. McGrady had not responded to it.
He does not see any harm in what has occurred but the Board will have
information that they may not act on.
Chairman Moyer
felt that there was an issue.
Commissioner
Williams would like to see a total figure in regards to the budget, and work
off of that figure from where we presently are and then as we go through each
item see where it puts us.
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 CONTINUED
Commissioner McGrady made the motion that the Board
schedules a Special Called Meeting on Tuesday, July 14, 2009 at 9:00 a.m. for
discussion of secondary roads with the NCDOT.
All voted in favor and the motion carried.
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)(3) To consult with an attorney employed or
retained by the public body in order to preserve the attorney-client privilege
between the attorney and the public body, which privilege is hereby
acknowledged. To consult with an
attorney employed or retained by the public body in order to consider and give
instructions to the attorney with respect to a claim.
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.
3.
(a)(6) To
All
voted in favor and the motion carried.
ADJOURN
Commissioner McGrady made the motion to adjourn the
meeting at 11:05 p.m. All voted in favor
and the motion carried.
Attest:
Teresa L. Wilson, Clerk to the Board William L. Moyer, Chairman