MINUTES
STATE
OF
COUNTY
OF HENDERSON JULY 6, 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, 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 James McDowell of the Crab Creek
Crawdads 4-H Club.
INVOCATION
County Manager
Steve Wyatt gave the invocation.
PRESENTATION OF NACo AWARD
Chairman Moyer stated
that each year NACo (National Association of Counties) has a competition
throughout the nation giving achievement awards for special programs which they
determine are note worthy compared to all of the other programs throughout the
entire country. Our county has received
one of these awards. The award will be
presented at the 13th annual NACO ceremony held in Nashville on
Sunday, July 26, 2009. He presented a
certificate to Animal Services Director Brad Rayfield on behalf of the Board
from NACo for the Animal Services Volunteer Program.
Assistant County
Manager Selena Coffey noted that Mr. Rayfield has been with the county two (2)
years this November. He has done a
fantastic job especially with the volunteer programs.
INFORMAL PUBLIC COMMENTS
1.
Beth
Nave – Ms. Nave stated that in May a proposal to the Hendersonville City
Council to upgrade Municipal Code 10 (Animal Ordinance) to make it more easily
enforced. It has been suggested that
they use County Chapter 66 as a starting point for the amendment, since it is
more definitive than the city’s laws.
The proposal was unanimously supported by Mayor Newman and other City
Council members, and her group was instructed to continue their efforts. Because the two entities, City and County,
work closely on animal cruelty cases, they were advised to present their ideas
to the County Commissioners as well.
During discussion and document review with City Manager Bo Ferguson, it
became apparent to them that Chapter 66 also needs to be amended. They are volunteering to work with Mr.
Ferguson and his counterpart at the county to add language to Code 10 and
Chapter 66 to clarify and strengthen these laws. By accomplishing this, law officers will be
able to take action in cases of animal cruelty, issue citations for violations,
levy fines from those who violate the law, and rescue abused and neglected
animals. Their goal is to develop the
necessary language of the two animal ordinances to make them more easily
enforced, but they also believe a by-product of the changes will be more
equitable split of the workload between city and county law enforcement groups.
2.
Eva
Ritchey – Ms. Ritchey stated that it has often been said that it is useless to
address a problem in the same manner that you always have and expect a
different outcome. We have a new problem
now…an ailing economy that has caused a decline in sales tax revenue and a
problem that is producing more and more extreme weather. Downtown Hendersonville Inc’s Trolley
Committee envisioned a project that could do both. We have run it for a month with increasing
success. There was such a joy in our
downtown when the trolley made its way up and down the street. They want to continue. In no way would I undermine the work and
accomplishments of Travel & Tourism but different times demand different strategies. We cannot expect a healthy economic passage
through these perilous times without unique and different approaches. This is what has been missing. In the past 10 years, there has not been a
single new dynamic initiative from Travel and Tourism. They have been faithful stewards of every
traditional event, but they have brought no new ones forward. Further, they are given approximately $1.8
million dollars in taxpayer dollars and yet there is little to no money in
their budget for new ventures. More
distressing, there is little to no oversight of Travel and Tourism by elected
officials. She could not find one city
official who knew or had any idea of what happens to that $1.8 million
dollars. The Hendersonville Trolley
Company approached them with a new venture for $5,000 and they had no
money. Where is the money going? More importantly, is it really being used in
the most effective ways? A look at other
successful travel and tourism programs would suggest “no.” The trolley program is not just an economic
vehicle, it is also a means of addressing another more grave problem; “If today
is a typical day on planet Earth, we lose 116 square miles of rainforest, or
about an acre a second. We will lose
another 72 square miles to encroaching deserts, as a result of human
mismanagement and overpopulation. We
will lose 40 to 100 species, and no one knows whether the number is 40 or
100. Today the human population will increase
by 250,000, and today we will add 2,700 tons of chlorofluorocarbons to the
atmosphere and 15 million tons of carbon.
Tonight the Earth will be a little hotter, its waters more acidic, and
the fabric of life more threadbare.”
Global warming is real and anybody who every put hot sauce on collard
greens ought to know it. The more you
put in the hotter it gets. The more CO2
we pump artificially into the air the greater the negative effect. We need every available tool to lower the
artificial amounts of carbon dioxide we are putting in the air. We need facilities like Park N Ride. Our trolley provides an attractive
alternative to the tens of cars circling the block looking for a parking
space. It can work with the cooperation
of elected officials. The Hendersonville
Trolley Company has estimated that we can keep our service going on Friday,
Saturday and Sunday if we can receive $5,000 from each of the following
entities: Henderson County, City of
Hendersonville, Travel and Tourism and the Community Foundation. Ms. Ritchey requested the funds and also
requested a formal reply. We are in need
of new and dynamic ventures, not just the same ‘ole same ole’. Our children are in need of hope for their
future. At this point, we are leaving
them tragedy. Please help chart a
different course.
3.
Bob
White – Mr. White is with Blue Sun Renewal Energy out of Washington, NC. He understood that wind turbines are on the
agenda as an amendment possibly allowing them in the county. He shared photos of a product specifically
designed for urban and suburban installation.
It is different from the propeller driven wind turbines that the Board
has reviewed. It is a vertical axis wind
turbine and looks more like a light pole.
By turning vertically the principals are the same but the benefit is
that it is almost noiseless. This
turbine is designed to work in our wind speeds for this area. Birds and bats can actually see the
turbine. The overall height is thirty
(30) feet and was designed to be shorter than a two-story building. It comes in a variety of colors to blend in
to the surroundings. One unit produces
approximately 1/3 of the average homes electrical power. Green home construction, which is a higher
efficiency, will produce 50% or more. They
are made from recycled materials.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer
requested that the Tax Collector’s Report be pulled from the consent agenda and
placed as the first discussion item.
Commissioner McGrady made the motion to approve the
agenda with the change noted. All voted
in favor and the motion carried.
CONSENT AGENDA
Commissioner
McGrady requested the minutes of June 29, 2009 be pulled from the consent
agenda.
Commissioner McGrady made the motion to approve the consent
agenda minus the June 29, 2009 minutes and the Tax Collector’s Report. 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):
June
1, 2009 - Regularly Scheduled Meeting
June
9, 2009 – Special Called Meeting
June
22, 2009 – Special Called Meeting
Tax Refund
A
list of 5 refund requests was presented for the Board of Commissioners review
and approval.
Suggested
Motion:
I
move the Board approves the Tax Refund Report as presented.
Tax Releases
A
list of 16 tax release requests was presented for the Board of Commissioners
review and approval.
Suggested
Motion:
I
move the Board approves the Tax Release Report as presented.
Financial Report/Cash Balance Report – May 2009
Included for the Board’s review and
approval were the County Financial Report and Cash Balance Report for May 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
May 2009 Financial Report and Cash Balance Report as presented.
Henderson County Public Schools Financial Reports – May
2009
Provided were
the Henderson County Public Schools May 2009 Financial Reports for the Board’s
information.
Staff requested
that the Board consider approving the School System’s May 2009 Financial
Reports as presented.
Suggested Motion:
I move that the Board of
Commissioners approves the May 2009 Henderson County Public Schools Financial
Reports as presented.
Henderson County
Public Schools Quarterly Maintenance Report
The Henderson
County Public Schools 2008-2009 Capital Budget Third Quarter Report was
presented for the Board’s review and consent approval.
Petition for addition to State Road system
It has been the
practice of this Board to accept road petitions and forward them to NC
Department of Transportation for their review.
It has also been the practice of the Board not to ask NCDOT to change
the priority for roads on the paving priority list.
Suggested
Motion:
I
move that the Board approves the petitions and forward them to NCDOT for
action.
Request for road closing
North Carolina
General Statute 153A-241 requires that the Board of Commissioners first adopt a
resolution declaring its intent to close a public road or easement. A proposed resolution was provided declaring
the Board’s intent of closing a portion of an unopened road/easement bordering
the property of James C. Kirkpatrick, located off Spartanburg Hwy. in East Flat
Rock, North Carolina.
Suggested
Motion:
I move that the Board adopts the
provided resolution, and set a public hearing on the road closure for September
8, 2009, at 7:00 p.m.
Offer to purchase tax-foreclosed property – Wildwood
Gardens
At the June 1
meeting, the Board of Commissioners gave provisional acceptance to the office
of the Wildwood Gardens Homeowners Association, Inc., 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 96-42999421, with a tax value of $1,300.00. The offered price was the sum of Ten Dollars
($10.00).
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
was the sum of Ten Dollars ($10.00).
Pursuant to your
policy, adopted 29 June 2005, these offers were subject to upset bids after
publication of notice in The Times-News.
Notice was published in The Times-News on June 10, 2009.
This is for
final approval of these offers.
Suggested
Motion:
I move that the Board gives final
acceptance to the offer of Wildwood Gardens Homeowners Association, Inc., to
purchase the parcels described in this agenda item.
Construction contract – 1995 Courthouse Back Up
Power Project
As recommended
by the Project Engineer and Staff, the construction contract is provided for
Board approval. The contract is for
$205,500.00 with Foundation Services, LLC.
This contract amount allows for adequate contingency within the original
$300,000 budget. A revised project
budget is included in the recommendation letter. The funding was approved in the FY09 Budget.
This proposed
contract is approximately 50% of the original estimate for the project and a
reflection of the favorable construction costs the industry is currently
experiencing.
Suggested
Motion:
I move that the Board of
Commissioners approves the construction contract with Fountain Services LLC for
$205,500.00 to construct the Back Up Power Project for the 1995 Courthouse.
Digital Radio Grant
The Henderson
County Sheriff’s Office requests that the Henderson County Board of
Commissioners approves the provided grant application for federal assistance
for the purchase of portable digital radios.
The application would be submitted through the Department of Justice,
and does not involve any county funding.
Suggested
Motion:
I
move the Board approves the provided grant application for submission.
Animal Ordinance Amendments
Provided to the
Board was minor text changes to the Animal Ordinance based on practical
obstacles noted by staff from the Sheriff’s Department, Animal Services, and
Public Health on the current language. The
changes are non-substantive in nature. Please note that only the sections with
changes have been included but staff would be happy to provide the Board with a
full copy of the Ordinance if desired.
§66A-16 Redemption
of unvaccinated animal
A. Proof of
vaccination. Unless proof of a current rabies vaccination can be furnished,
every person who redeems a dog or cat at the Animal Service Center must obtain
(and pay the fee for) a rabies vaccination to be administered within the time
period as set below or receive a citation for failure to vaccinate. Animals
leaving the Animal Services Center must either have proof of current rabies
vaccination or have a rabies voucher and given a $100 deposit to be
reclaimed upon proof of vaccination.
B. Payment.
Payment for the rabies vaccination provided for in this section will be the
responsibility of the person redeeming the dog or cat. The owner must pay all
related fees and fines prior to the release of the animal including $100
deposit if receiving the receipt of a rabies voucher.
§66A-25 Animal
Abandonment
Unless otherwise
specified by this Ordinance, animals, including domestic and livestock, that
have been abandoned by their owner shall become the property of the County. For
the purpose of this Ordinance, an abandoned animal shall be defined as an
animal that is on public property or is reported on private property by the
property owner whose owner is unknown and cannot be determined by a reasonable
search by Enforcement Officers.
B. Redemption.
Any person claiming to be the owner of an animal must pay the reclaim fee,
boarding fee, any veterinary costs and any other costs incurred by the County
for the animal prior to the animal being released. For the purpose of this provision,
redemption is defined as reclaim for lost, abandoned or animals that have
violated the Animal Ordinance and shall not include animals held under
quarantine. In the case of cats and dogs, no animal shall be released
without being micro chipped. In the case of livestock, Animal Services may
require some proof from the person of ownership of this animal prior to its
release.
§66A-51
Vaccination of dogs, cats and other pets
I. Impoundment.
Any animal found off the owner’s property not wearing the required vaccination
tag or an animal that has been under investigation by law enforcement in the
last 30 days and did not have proper rabies identification at the time or
subsequently on or off the owner’s property shall be impounded by an Animal
Enforcement Officer. During the impoundment period, the Animal Enforcement Officer
shall make reasonable efforts to locate the animal’s owner. No animal shall be
released until it is vaccinated against rabies, has a rabies voucher with a
$100 deposit, or the Animal Services Center is presented with evidence of
current vaccination. An animal impounded under this section shall be released
to its owner upon payment of all applicable fees, payment for care during the
impoundment, and cost of vaccination when necessary. If the animal’s owner is
not found or the owner does not reclaim the animal section 66A-14 of this
ordinance shall apply.
§66A-52 Report
and confinement of dogs and cats biting persons or showing symptoms of rabies
A. Quarantine.
Every dog or cat which has bitten any person or which shows symptoms of rabies
shall be confined immediately and shall be promptly reported to the Animal
Service Center, and thereupon shall be securely quarantined, at the direction
of the Animal Service Center, for 10 days commencing from the time of the bite.
Animals quarantined under this section shall be confined at the expense of the
owner.
1. All dogs and
cats shall be housed at the County Animal Service Center unless approved by
the Public Health Director in writing.
2. Animals may
be quarantined in approved veterinary quarantine at the veterinarian’s office.
This must be approved by the County Director of Public Health in writing. In
instances where this option is used, the owner must sign a document produced by
the County where the owner accepts all liability for the animal. At the end of
the quarantine, the owner or the veterinarian must provide documentation
stating the animal does not have rabies and has been properly vaccinated
against rabies.
3. Animals
quarantined at the Henderson County Animal Shelter must be claimed no more than
24 hours after the end of the quarantine period. After this period the animal
shall be considered relinquished to Henderson County Animal Services.
B.Authority to
seize animals for noncompliance. If the owner or the person who controls or
possesses the dog or cat refuses to confine the animal as required by this
section, the County Director of Public Health may order seizure of the animal and
its confinement for 10 days in such a place as the County Director of Public Health
designates, at the expense of the owner.
C. Release
upon permission of County Director of Public Health. Animals confined pursuant
to this article shall not be released from confinement except by permission from
the County Director of Public Health or his designee.
D. Disposition
of animal other than dog, cat or ferret. An animal other than a dog or cat or
ferret that bites a person shall be immediately euthanized and its head forwarded
to the North Carolina State Laboratory of Public Health for rabies testing.
E. Quarantine of
stray animals. In the case of stray animals whose ownership is not known, the
supervised quarantine required by this section shall be at the County Animal
Service Center.
F. Authority to
euthanize unclaimed animals. If any animal is unclaimed after a ten-day confinement,
then the County Animal Service Director may have the animal euthanized.
G. Release from
quarantine. If rabies does not develop within the ten-day quarantine period
under this section, the animal may be released from quarantine to its owner. If the animal has been confined by the County
Animal Service Center Henderson County Sheriff’s Department upon
reclaiming the animal, the owner shall pay any such fee established by
resolution of the Board of County Commissioners for each day of confinement to
defray the cost of sheltering the animal.
H. Report of
bites. Every physician or other medical practitioner who treats a person or
persons for any animal bite or scratch or any person having knowledge of an animal
bite or scratch shall within 12 hours, report such treatment to the Animal Service
Center giving the name, age, sex and precise location of the bitten/scratched
person or persons and such other information as the officer or agency may
require.
I. Euthanization
of wounded, diseased or suffering animals. Badly wounded, diseased, or
suffering animals, which are suspected of having rabies, may be humanely
euthanized immediately, and the head forwarded for rabies testing.
§66A-53
Destruction or confinement of animal bitten by known rabid animal
A. Animals not
vaccinated against rabies which are bitten by or exposed to a known rabid
animal or rabies suspect shall be immediately destroyed, unless the owner
agrees to strict isolation of the animal at a veterinary hospital for a period
of up to six months at the owner's expense unless a similar quarantine facility
is approved by the Public Health Director.
B. If the animal
has a current rabies vaccination it shall be revaccinated within 72 hours of
the bite.
§66A-59
Spay-Neuter Assistance Program
C. Assistance
Program.
2. Assistance
Fund. Henderson County Animal Services Center may establish a Spay and Neuter
Assistance Program Fund to collect and distribute funds to assist eligible
resident of Henderson County with financial resources for animal alteration. These
monies may also be used toward the education program costs. Funds collected at
Henderson County Animal Services Rabies Clinics shall be contributed to this
fund.
§66A-11
Mistreatment of animals prohibited
It shall be
unlawful for any person owning, keeping or responsible for an animal to deprive
or cause to be deprived animal of adequate food, water, necessary medical
attention and adequate shelter.
C. ADEQUATE
SHELTER— protection from the weather and humanely clean conditions. No persons
owning, keeping or responsible for an animal shall fail to provide the animal
with appropriate shelter, protection from the weather and humanely clean
conditions as prescribed in this section.
(1) When
confinement prohibited. No animal may intentionally be confined in a building,
enclosure, car, boat, vehicle or vessel of any kind when to do so would expose
the animal to heat or cold harmful to its health.
(2) Standards
for chaining. No animal may be chained outdoors unattended without a
chain/cable of suitable length designed and placed to prevent choking or strangulation,
with the area free of obstacles and humanely clean so that the animal may have
access to food, water, and shelter. It shall be illegal to tether, chain, stake
out, tie up or otherwise similarly restrict any and all birds for the
purpose of promoting bird aggression.
§66A-14
Impoundment
A. In general.
Any animal found being mistreated or kept under unsanitary or inhumane
conditions, as provided in § 66A-11; any animal found to be a public nuisance,
as provided in § 66A-8; or any dog or cat found to be not wearing a currently
valid rabies vaccination tag off the owner’s property as required shall be
seized, impounded, and confined by the Animal Enforcement Officer and confined
in the Animal Service Center in a humane manner. Impoundment of such animal
shall not relieve the owner thereof of any penalty which may be imposed for
violation of any provision of this chapter occurring prior to the date of the
impoundment.
B. Notice to
owner. Immediately upon impounding an animal, the Sheriff or his designee shall
make reasonable efforts to notify the owner and inform such owner of the
conditions whereby the animal may be redeemed.
C. Redemption by
owner. The owner of an animal impounded under this chapter may redeem the
animal and regain possession thereof in accordance with the rules and fees set
by the Board of County Commissioners in the policies for operation of the
County Animal Service Center and by complying with all applicable provisions of
this chapter and by paying all fees and civil penalties due. Fee rates shall be
available for public inspection in the office of the Clerk to the Board of
County Commissioners and at the Animal Service Center. The owner of the
impounded animal shall be liable for the daily cost of impoundment to the
Animal Services Center, as established in the fee schedule. All animals will
have proof of current rabies vaccination or a rabies voucher with a $100
deposit and a voucher for microchip installation prior to release
at the owner’s expense. All fees and expenses must be paid prior to the release
of the animal. All animals impounded by Animal Services shall be micro chipped.
D. Adoption or
euthanasia of unredeemed dog or cat.
(1) If any
impounded stray dog or cat or abandoned animal is not redeemed by the owner
within 72 hours of impoundment, then such animal may be offered for adoption or
destroyed in a humane manner. Animals that are voluntarily turned over to the
Animal Service Center by the owner may be adopted or, if adoption attempts are
unsuccessful within a reasonable period (or immediately if in the opinion of
the Animal Services Director adoption efforts would be fruitless or in
violation of this chapter), subject to euthanasia.
(2) No animal
owner may be permitted to claim her/his animal under the provisions of this
section unless and until he/she shall comply with the provisions of the
policies of the County Animal Service Center.
(3) All
unaltered dogs and cats adopted from the Animal Service Center shall be spayed
or neutered prior to adoption or with a voucher and/or deposit to use their own
veterinarian within 30 days of adoption. If the animal is less than 4 months
old or under 2 pounds in weight or has a recognized medical condition, the
animal must be altered at such time as it is deemed appropriate by a veterinarian.
Animals that cannot be altered for the above reasons prior to adoption require
a $100 deposit to Animal Services and proof of alteration within 6 months of
adoption. If no proof is given, the deposit shall be kept and additional
penalties may be applied.
(4) All dogs and
cats adopted from the Animal Service Center which do not already have implanted
in them a microchip shall have the same implanted in them prior to adoption.
(5)All dogs and
cats adopted from the Animal Service Center shall have proof of current rabies
vaccination, or a rabies voucher and $100 deposit, and prior to adoption as per
66A-51(C) and 66A-16.
(6)Adoption
Exceptions
a. The Animal
Service Center has the right to refuse adoption of animals to persons less than
18 years of age.
b. The Animal
Service Center has the right to refuse adoption of animals to persons or
organizations who have been cited for violations or where there is reasonable
evidence of a violation previously under this Ordinance or state law.
c. Animal Services
has the right to deny adoption to persons who have relinquished animals
recently.
d. Organizations
shall only be permitted to foster or adopt animals from the Henderson County
Animal Service Center after providing evidence that all required services,
care, maintenance have been provided, obtain all necessary permits and licenses
for the animals and pay all related costs and fees.
e. The Animal
Service Center has the right to refuse adoption of animals to any individual
who has relinquished an animal within the last 12 months.
f. The Animal
Services Center has the right to refuse the adoption of dogs deemed dangerous/
potentially dangerous by persons, organizations, or establishments and Animal
Services will ensure the new owner(s) have met the requirements under this Ordinance
for control measures and enclosures.
(7) Fee Schedule
for Impoundment/Adoption of Animals shall be established by the Board of
Commissioners within the annual approved budget.
Staff recommends
the Board’s review, discussion and approval of the Animal Ordinance revisions
as presented.
Suggested Motion:
I
move that we approve the changes to the Animal Ordinance.
NOMINATIONS
Notification of Vacancies
1.
Henderson
County Historic Courthouse Corporation – 2 vac.
Nominations
1. CJPP (Criminal Justice Partnership Program) – 2 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
2. Dana Communities Plan Committee –
9 vac.
This item was
placed in the discussion portion of the agenda.
3. Fire and Rescue Advisory
Committee – 1 vac.
There were no nominations at this
time so this item was rolled to the next meeting.
4. Henderson County Board of Health
– 1 vac.
There were no nominations at this
time so this item was rolled to the next meeting.
5. Henderson County Historic
Courthouse Corporation – 3 vac.
There were no nominations at this
time so this item was rolled to the next meeting.
6. Hendersonville City Zoning Board of Adjustment – 1
vac.
There were no
nominations at this time so this item was rolled to the next meeting.
7. Historic Resources Commission – 1
vac.
There were no nominations at this
time so this item was rolled to the next meeting.
8. Jury Commission – 1 vac.
There were no nominations at
this time so this item was rolled to the next meeting.
9. Juvenile Crime Prevention
Council – 10 vac.
There were no nominations at this
time so this item was rolled to the next meeting.
10. Mountain Area Workforce
Development Board – 1 vac.
Commissioner McGrady nominated Robert
Clark for reappointment to position #2. Chairman Moyer made the motion to accept the
reappointment of Robert Clark to position #2 by acclamation. All voted in favor and the motion carried.
11.
Senior Volunteer
Services Advisory Council – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
12. Smartstart – 1 vac.
Commissioner McGrady nominated Valerie
Duckett for appointment to position #1. Chairman Moyer made the motion to accept the
appointment of Valerie Duckett to position #1 by acclamation. All voted in favor and the motion carried.
TAX COLLECTOR’S REPORT and FY 2008-2009
TAX COLLECTION SETTLEMENT; FY 2009-2010 TAX ORDER FOR COLLECTION
Stan Duncan,
Interim Tax Collector, provided the Tax Collector’s Report dated June 26, 2009
for the Board’s information.
Mr. Duncan
stated that bringing the FY 2008-2009 Tax Collection Settlement; FY 2009-2010 Tax
order for collection to the Board early is only possible due to changes made in
the prior year as the process by which they prepare for the settlement. A mini settlement is done each month at the
close of each month collections, making the June 30 process much simpler. Before the delivery of tax receipts, the
following must occur:
1.
Prepayments
– The Tax Collector must deliver any duplicate bills printed for prepayments
received by the Tax Collector to the Finance Director and demonstrate to the
Finance Director’s satisfaction that all prepayments received have been
deposited.
2.
Settlement
– The Tax Collector must make settlement with the Board of Commissioners for
all taxes placed in his hands for collection for the past year.
3.
Bond
– The Board of Commissioners must approve the bond to be issued for the Tax Collector
and Deputy Tax Collector for Delinquent Taxes.
4.
Order
of Collection – An order of Collection must be adopted at today’s meeting,
which will charge the Tax Collector with the collection of FY 2009 taxes, plus
all outstanding delinquent taxes.
Collections had
a goal of $57,720,432.00 and actually collected $58,114,449.65 which is
$394,017.65 above the stated goal. All of the regular real estate bills, public
utility bills, registered motor vehicle bills, and personal property bills
resulted in a collection rate of 97.94%.
A copy of the Resolution Setting the Bond Amounts for the Tax Collector
and Deputy Tax Collector, Resolution approving the Settlement with the Tax
Collector for the 2008-2009 Tax Year, Resolution Adopting the Order of
Collection for the 2009-2010 Tax Year, and Order of Collection are hereto
attached and incorporated as part of the minutes.
Delinquent Tax
Collector Lee King stated since inception of the project in October of 1999,
they have collected $13,099,785.33, in delinquent tax, including interest. Of this amount, $1, 410,516.59 was collected
during FY 2998-2009. At the close of
this fiscal year, we have collected 99.69% of our prior-year annual tax bills
(real estate and listed personal property) and 97.65% of our prior-year motor
vehicle tax.
The downturn in
the economy resulted in an increase in the use of enforced collection remedies,
whereas voluntary payment made up the majority of our delinquent collections
last year, this is no longer the case.
This year (FY 2008-2009) we have served 653 bank account attachments
totaling $1,037,718.22. Our office also
instituted a Wage Garnishment program.
We began by sending out over 1,000 letters to delinquent taxpayers
advising them their wages would be garnished if they did not pay the past due
taxes in their names. The success of
this program resulted in only 30 Wage Garnishments having to be served totaling
$11,473.78.
Chairman Moyer
questioned if there was any additional support or items needed by the tax
office to help with this year’s collection.
Mr. Duncan feels
they are in good shape to meet the stated goal in the manager’s budget ordinance
to collect the funds. He is confident
they can make the percentage number next year.
Commissioner McGrady made the motion that the Board
approves the tax collector’s settlement for Fiscal Year 2009 taxes, and further
approves the bonds, the order of collection and charge for collection to the
tax collector for Fiscal Year 2010 taxes.
All voted in favor and the motion carried.
Waterline
Extension Policy
The Board Chairman requested this item
for discussion to clarify the waterline extension policy with the City of
Hendersonville. A map of the City of Hendersonville Capital Improvement Plan
(CIP) for waterline extensions is included. That map also shows the County’s
current Growth Management Strategy of the County Comprehensive Plan.
Chairman Moyer noted he and Commissioner
Williams are on the Water Supply and Distribution Task Force and part of their
discussions are what issues need to be addressed. Mayor Pro-Team Barbara Volk asked that there
be a discussion of the County’s and the City’s waterline extension policy. It is our policy currently that the City
Water Department comes to the County and asks for consent for any waterlines
that are run into the County before they are done. Also as part of the same task force, the City
presented their capital plan for the coming year along with a map detailing
where the lines are. These lines looked
as if they were going out substantially into the county. The County Manager had a map put together
which basically shows our comprehensive plan and then superimposed the City’s
waterline line capital plan on top of it.
As it turns out there are only two lines that go into the area that is
questionable under our comprehensive plan which have already been
approved. Chairman Moyer questioned Lee
Smith if there were any other lines in the capital plan beyond what is shown on
the map.
Utilities Director Lee Smith responded
there are no plans at this time in the current master plan to add any lines
that are now shown on this map.
Chairman Moyer asked where the
Cobblestone line would be fed from.
Mr. Smith responded that Cobblestone
came out of what used to be Claremont; there was a hydromantic pump station
there which was converted to a booster station with a tank off of Pinnacle
Mountain Road for Cobblestone. Project
#22 is Pinnacle Falls which has been approved as was Bearwallow and Cobblestone
with the idea that they were going to install individual wells.
Two projects (#10 Bearwallow extension
and #22 Pinnacle Mtn. Rd. Extension) fall within the Rural Agricultural Area
but were previously approved by the Board of Commissioners. All remaining City
planned projects fall within the Urban Services Area or the Rural / Urban
Transition Area.
Utilities Director Lee Smith explained
the line from Highway 64 tying into Upward Road. This line is basically a system improvement
project which will give the water department access to the southern end of
their system from the new tank that has been installed on the east side. Most of these projects are systems improvements
and not system expansion.
City Manager Bo Ferguson further
explained that while the system crosses I-26 in several places, there is no
north south line between those sections on the east side of I-26. This project ties those sections east of I-26
together so that they have circulation in the line as opposed to having dead
ends.
Commissioner Williams asked where the
funds come from for the dollar amounts listed.
Mr. Ferguson responded that funding
comes from a number of sources including developers, current revenues, fund
balance and grants.
Commissioner McGrady questioned if the
City was approached by Blue Ridge Water Company for request of expansion to the
Cliffs. This would be a bad decision.
Mr. Smith responded they were approached
once and it was suggested that they go to the County Planning Department and
seek advice; there would be many hurdles.
Commissioner
McGrady made the motion that the Board of Commissioners reaffirms their support
for the agreement with the City regarding extension of waterlines into
unincorporated portions of the County.
Further discussion followed and neither
the City nor County was certain if the agreement was in written form.
Chairman Moyer reminded the Board that the
motion essentially enforces the policy / agreement with the City, that if any
waterlines are extended into the County, regardless of where, they bring it
before the Board of Commissioners. All voted in favor and the motion carried.
Dana small area
planning committee
At the May 4, 2009 Board meeting, the Board of
Commissioners approved the Charter and boundary map for the Dana Community Plan
Advisory Committee. It has been proposed
that the committee have 9 members consisting of eight (8) citizens that live,
operate a business, or own property in the boundary of the Dana Community Plan;
and one (1) liaison from the Henderson County Planning Board. It may be likely that the Planning Board
liaison also lives, operates a business, or owns property in the planning
area. The Board of Commissioner will
appoint all committee members and the Chair.
The Board may also appoint an ex-officio member from the municipality
that abuts the planning area (City of Hendersonville) to serve as a
representative of this municipality.
Commissioner Williams feels this is a unique
area. The Planning Board has recommended
in the past that small area planning committees have a member of the Planning
Board, who lives in the ETJ, to serve on the committee and as chair. Those individuals did reside in the perspective
area. The case with Dana Small Area
Planning Committee is slightly different as there is not a Planning Board
member who resides in the Dana ETJ. We
have received recommendation from the Planning Board that Boyce (Tommy)
Laughter be considered for appointment to this committee. It is appropriate but being that he is not a
resident, he would be an ex-officio/non-voting member. Commissioner Williams suggested appointing
ten (10) members; 9 voting members and Tommy Laughter as the tenth member,
ex-officio non-voting.
Chairman Moyer stated that Blue Ridge Community
College wished to be a member and questioned if they would be ex-officio
also.
Commissioner Williams stated that BRCC does border
this area and he was open to them having an ex-officio member. This would require amendment of the
Charter. He further suggested allowing
the committee to elect their Chairman.
It was the consensus of the Board to allow these
changes to the Charter of Dana Community Plan Advisory Committee.
Commissioner
Williams made the motion that the Board amends the Charter of the Dana
Community Plan Advisory Committee to 9 voting members living in the ETJ, 1
non-voting/ex-officio member from the Planning Board, and the Board may appoint
2 ex-officio/non-voting members (BRCC and the City of Hendersonville) and that
the Committee be allowed to elect the Chairman.
All voted in favor and the motion carried.
Commissioner Williams nominated Boyce (Tommy)
Laughter as the Planning Board member, ex-officio/non-voting member position
#10. For the 9 voting members he
nominated the following: Lee Roy
Nicholson for position #1, Kim Arrowood for position #2, Roger Byers for
position #3, Daniel McConnell for position #4, Harry Fozzard for position #5,
Thomas Thompson for position #6, Evelyn King for position #7, James Revis for
positions #8, and Jeff Justus for position #9.
Commissioner McGrady requested that the appointments
be rolled to the next meeting (July 15) due to the fact that some of the
applications had just arrived.
It was consensus of the Board to roll this item to
the next meeting.
Property Addressing
Coordinator Curtis Griffin arrived.
soil erosion
and sedimentation control update
County
Manager Steve Wyatt stated for approximately one (1) year we have been
exercising under the State’s authority, our own program. We’ve had substantial interest inside and
outside of the community.
Engineer
Marcus Jones said that an internal audit of the program has been done and found
in his opinion that the program is very much meeting the expectations of the
Board. He recognized that a recent
inspection done by the state program had a response that Henderson County was
one of the most effective local programs in Western North Carolina. He noted that Natalie Berry had recently
passed an important test; she has been awarded a license to practice as a
professional engineer in the State of North Carolina by the North Carolina
Board of Examiners of Engineers and Land Surveyors.
Natalie
Berry, Erosion Control Division Chief provided the Board with an update on the
status of the Soil Erosion and Sedimentation Control Division.
Status Summary
·
The erosion control division has:
o May 2009 – 2 plans
o June 2009 – 2 plans
·
Note: Land Disturbance >
one acre
·
Amount of Land Disturbance:
o 17.83 acres
o Revenues - $7,600.00
·
Sketch Plans processed:
o May 2009 – 26 sketches
o June 2009 – 23 sketches
·
Note: Land Disturbance <
one acre
·
Revenue - $490.00
·
Complaints received:
o May 2009 – 26 complaints
o June 2009 – 20 complaints
County Manger Steve Wyatt
requested a report on complaints with the timeframe of follow-up.
POLK COUNTY EROSION CONTROL
PROGRAM STATUS
Polk County Board of
commissioners recently approved a Soil Erosion and Sedimentation Ordinance at
their June 22, 2009 Board meeting. This
ordinance is exactly like Henderson County’s with one exception, they place
bond requirements for large scale developments.
Polk County has shown
interest in partnering with the Henderson County Soil Erosion and Sedimentation
Program. They have submitted their Soil
Erosion and Sedimentation Ordinance to DENR for review and approval with a
possible 30 day turnaround. Once the
ordinance is approved by DENR, the ordinance will go effective 30 days later.
Appointments to
regional transit study steering committee
Planning
Director Anthony Starr stated the North Carolina Department of Transportation
(NCDOT) is conducting a feasibility study of transit regionalization for the
Buncombe/Henderson area. The study seeks
to examine ways to improve public transportation by consolidating multiple
agencies into one organization. This
study is one of several that already have occurred or are ongoing in the state.
NCDOT asked
Henderson County, Buncombe County and the City of Asheville to participate in
what will be the first of two studies.
The first study (NCDOT funded at 100%) will examine costs and governance
of a proposed regional transit organization.
NCDOT expects the process to last four months with meetings beginning
once NCDOT and the consultant finalize the scope and costs of the process. It is anticipated meetings will begin in
October 2009 and continue through February or March 2010. A nine-member steering committee will be
formed to oversee the consultant and local transit staff efforts for the
project. Each local government is to
appoint three members familiar with transit issues in their community. Committee members should be senior staff or
policy committee leaders familiar with transit issues who can dedicate sufficient
time to process (total of three to four meetings and material review time).
Phase two is a
five year consolidation study requiring a 10% match from local
governments. The second phase focuses on
alternative policies and details associated with the mechanics of merging the
systems. This phase will only be
undertaken if the local governments wish to pursue regionalization.
Staff recommends
the Board of commissioners appoints three (3) representatives from the
following positions: Henderson County Senior Staff (one appointment including
but not limited to the Planning Director, Assistant County Manager or County
Manager); Hendersonville City Manager or other Hendersonville representative;
and a Henderson County Commissioners.
Commissioner Williams made the motion that the Board
of Commissioners appoints the following members to the regionalized transit
study steering committee: Planning
Director Anthony Starr, Assistant County Manager Selena Coffey, and
Commissioner Chuck McGrady. All voted in
favor and the motion carried.
SCHOOL STIMULUS PROGRAM
Staff provided the Board of
Commissioners with information received on two interest-free bond financing
programs recently authorized and made available through the American Recovery
and Reinvestment Act (ARRA) for school capital projects.
Finance
Director Carey McLelland provided the following information in regards to the
2009 American Recovery and Reinvestment Act (ARRA). He reminded the Board that several weeks
prior the Governor announced the allocation of funds for two, no interest (tax credit)
bond financing programs being made available through the 2009 American Recovery
and Reinvestment Act.
Qualified Zone Academy Bonds (QZABs)
Ø A qualified zone academy is a public school or academic program that is
established by and operated under the supervision of the local school system to
provide education or training below the postsecondary level and has to meet
certain criteria.
Ø The school must have established a partnership with one or more
businesses (10% match support required – cash or in-kind) and be located either
within an Empowerment Zone (EZ) or an Enterprise Community (EC). If not so located, at least 35 percent
of students must be eligible for free or reduced cost lunches.
Ø Bond proceeds must be used to rehabilitate or repair public school
facilities, which may include wiring and other infrastructure improvements
related to providing technology, but not for personal computers,
printers or other related technology.
Ø The minimum
amount that may be allotted to an eligible school system is
$500,000 and the maximum amount is $4,000,000. Approved bonds must be issued within 2
years and spent within 3 years.
Qualified School Construction Bonds (QSCBs)
Ø Bond proceeds must be used for public school construction (including
new), rehabilitation, and repair of facilities including cafeterias or land
acquisition for such facilities.
Ø May include technology wiring and infrastructure improvements, but not
for personal computers, printers or other related technology.
Ø May not be used for central offices, athletic facilities or
bus garage facilities.
Ø Henderson County’s 2009 allocation is $2,052,166.37. Not match requirement.
Ø These bonds must be issued by December 31, 2009.
*Both bond financing programs
require an application to be made (and an adoption of resolution by the local
school board) by the school system to the N.C. Department of Public Instruction
by July 31, 2009.
Both programs offer tax credits by the U.S. Treasury
and are intended to allow us to issue the bonds without any interest component.
The holders of the bonds receive a
federal income tax credit in an amount equal to a percentage of the face value
of the bonds. Henderson County must
issue the debt and we make principal payments into a sinking bond account and
the interest earned on those principal payments, over a period of time,
hopefully will get us back up to what we actually have borrowed. The maximum term of indebtedness for both of
these programs currently is 12 years under current market conditions. We as the county would have to make a formal
application to the LGC, just as we do with any other financing, for their
approval. On the application that the
school system would make, the Chairman of the County Commissioners would have
to sign that application as well. These
programs are available for public schools only.
Community Colleges or Charter Schools are not included.
County Manager Steve Wyatt made it clear that this
is not grant money, it is a loan with debt servicing.
County Attorney Russ Burrell stated effectively the
incentive of this program is the lack of interest cost to the county in
borrowing money.
Chairman Moyer felt that the appropriate action by the
Board would be to request the school system to make application for one or both
of these financings.
Commissioner
McGrady made the motion that the Board requests that the school board make
application and authorize the Chairman and staff to proceed to make application,
assuming eligibility with respect to any of the school projects that we have
approved going forward with. All voted
in favor and the motion carried.
Finance Director Carey McLelland noted that
information received indicated that this same funding amount would be available
in 2010.
pUBLIC heARING
– on permanently closing of easement
Commissioner McGrady made the motion that the Board
to go into public hearing on permanent closing of an easement. All voted in favor and the motion carried.
Property Addressing Coordinator Curtis
Griffin stated that this is a request to close a portion of a public easement
that is located across the street from the Mountain Home Fire Department. All of the property except one parcel is
owned by James & James Environmental Management, Inc. The other parcel is owned by Equity Trust
Company. Advertising has been done and
certified letters have been sent to adjoining property owners; no negative
response has been received.
North Caroline General Statute 153A-241
required that a public hearing be held for the permanent closing of a public
road or easement. The public hearing was
set May 20, 2009 for the purpose of closing easements on the properties of
James & James Environmental Management, Inc., and Equity Trust Co.,
Hendersonville, North Carolina.
It is recommended that the Board
approves the permanent closure of easements on the said property and upon
approval, sign the provided Order of Closure for recording with the County
Registrar.
Public Input
1.
Angela
Beeker – Ms. Beeker, attorney for the applicant, stated that her client has
requested this closure of easement as they would like to do a construction
project and for zoning and setback purposes they need this alley to be
closed.
Commissioner McGrady made the motion for the Board
to go out of public hearing. All voted
in favor and the motion carried.
Commissioner
McGrady made the motion that the Board approves the closure of the easements
and certify Orders of Closure. All voted
in favor and the motion carried.
Continued
Discussion on Proposed Land Development Code 2008 annual text amendment 12
(TX-208-05), Accessory wind Mills/Turbines
Anthony Starr
stated the Board held a public hearing on the proposed Land Development Code
Test Amendments (TX-2008-05) on April 6, 2009 and voted unanimously to approve
all of the proposed text amendments except for amendments 12, 17, 21 and
22. On May 4, 2009, the Board adopted
the remaining text amendments (text amendments 17, 21 and 22) with the
exception of text amendment 12 concerning wind mills / turbines as accessory
uses permitted by right in all zoning districts.
Based on the
Board’s discussion during the public hearing on April 6, 2009 and its meeting
on May 4, 2009, the Board indicated that it was not opposed to wind mills /
turbines permitted as accessory uses, but was concerned with the impact to
surrounding neighbors in regards to height, setback, noise and safety among
others. The Board agreed to continue its
discussion on text amendment 12
at its July meeting. A staff memo was
provided with addition information on this remaining text amendment (text
amendment 12) including a detailed description of the proposed text amendment
for the Board’s review.
Mr. Starr
explained that there are two categories; wind turbines less than forty feet and
wind turbines greater than 40 feet. Wind
turbines that are less than forty feet in height would be permitted by right in
all districts in conjunction with a principal residential dwelling unit or
business. Turbines great than 40 feet
would be only allowed as special permits in the R1 and R2 district as well as
the local commercial district. The other
districts would be permitted by right.
Limitations have
been placed on the rotor blade size as requested at the last meeting. Rotor blades shall not exceed eight (8) feet
in radius measured from the center of the support structure and shall maintain
a minimum ground clearance of ten (10) feet.
Wind turbines proposing a rotor blade exceeding eight (8) feet in radius
shall require a special use permit and shall also meet the requirements of SR
3.17. The base of the wind turbine
shall be at least ten (10) feet from surrounding property lines and setback a
distance equivalent to 110 percent of the height of the wind turbine at its
highest point from the property line.
Planning Staff
recommends that the Board of Commissioners approve, approve with modifications,
or deny proposed text amendment 12 (Land Development Code 2008 Annual Text
Amendments (TX-2008-05)).
Chairman Moyer made the motion that the Board
approves the proposed Land Development Code 2008 Annual Text Amendment 12
(TX-2008-02) and that this proposed text amendment is in general compliance
with the recommendations of the 2020 Henderson County Comprehensive Plan.
Commissioner
Williams was in favor of requiring a special use permit across the board.
The motion failed 2-3 with Commissioners Williams,
Messer and Young voting nay.
Commissioner Williams made the motion that the Board
approves wind turbines in all areas by way of special use permit.
After further
discussion in regards to expense of special use permits, inconvenience to
citizens, and knowledge of wind turbines and their noise levels, the motion passed 3-2 with Commissioners
Moyer and McGrady voting nay.
CONSTRUCTION MANAGEMENT PROPOSAL
County Manager
Steve Wyatt provided the Board with an update on Construction Management. Throughout the budget process the Board has
held various discussions and considerations about the construction projects
that are being undertaken involving county government, school systems, and the
community college; and the Board’s desire is to look at an active owner’s
representative representation involved in those projects. To pursue options, county staff has talked
with various individuals and companies and has reported back and shared
information with the Board on a couple of occasions. At the last meeting the Board discussed a
proposal from a company called Construction Control and his interpretation was
that the Board wanted to see options to this.
He spoke with Mr. David Berry of David Berry and Associates of Saluda
and he has provided a proposal in which the Board has received in form of a
letter along with background information on the company.
Staff is
advocating the Board’s position to have an active oversight role in the
projects that the Board has agreed to and funded. Staff will be presenting at the next meeting
a proposal from an architect on the Health Department building, the Law
Enforcement Center, and the other small projects that we have.
Commissioner
Young stated that in talking with Mr. Berry, he was highly recommended by the
person in the county who had worked with him on some construction
projects. Mr. Young in satisfied with
Mr. Berry’s knowledge of construction and value engineering that he feels that
Mr. Berry’s proposal is within the guidelines of the budget and recommends
hiring Mr. Berry’s company to oversee the projects both county and school.
Commissioner
Messer has met with Mr. Berry and agrees that this company is qualified to do
what the Commissioners are looking for.
Chairman Moyer
requested that Mr. Berry come to the podium to answer the questions of if his
company could handle the size of projects and the amount of work that would be
involved. He was concerned if something
happened to Mr. Berry.
Mr. David Berry
responded that he owns the company along with his wife and is a hands-on
person. They have three (3) additional
staff to assist with construction management.
The projects in Henderson County would be first and foremost his
responsibility and not farmed out to anyone who works for him. In the event that something should happen to
him there are people that could fill in for him. Mr. Berry will be available 24/7 even though
the estimate of time in his proposal is 3 days per week. Mr. Berry has worked on projects in residential,
commercial, and industrial construction; most recently Walgreens.
County Manager
Steve Wyatt will be working close with the person hired. He is concerned with a track record in these
types of projects.
Chairman Moyer
questioned in regards to construction control, if this is a three year
commitment.
Mr. Wyatt
responded there are options. The cost
for Construction Management is about $7,950.00 per month including their
maximum charges for their travel. Mr.
Berry does not have the travel issues as he lives in the community and his
proposal is $6,000 per month. The
estimate of hours for the two companies is consistent.
Chairman Moyer
feels that regardless of the company, a 90-120 days out provision if things are
not working to anyone’s satisfaction.
Mr. Wyatt felt
that it would be more in the terms of 30-60 days out provision.
Commissioner
McGrady commented that the County Manager has recommended accepting the
proposal from Construction Control Corporation but feels he (County Manager)
can work with Berry & Associates.
Commissioner
Williams like the personal touch of Mr. Berry’s company. His priorities are that the projects be
handled quickly with quality and locally.
Commissioner Young made the motion that the Board contracts
with David Berry for the time limit necessary with the clause of 90 day in/out
and legal arrangement in contract to employ him as our construction management
consultant.
Staff will be
putting together an agreement to bring back before the Board specifically with
the terms proposed by Commissioner Young.
Commissioner Williams would like to see the contract by the next meeting
and Attorney Burrell would have it ready by July 15 meeting.
Commissioners
Williams would like the projects tracked and monitored by the internal auditor.
After further discussion
all voted in favor and the motion passed.
Transportation
grant awards
Finance Director Anthony Starr stated
that several reports were made by the planning staff earlier this year about
the possibility of using stimulus grants to fund the CNG station and other
transportation projects. Three separate grant programs were pursued. Henderson
County has been awarded a total of $3,132,158 in funding. $1,030,750 will be
used to replace most of the bus fleet with at least three new 29’ CNG buses, a
new CNG ADA paratransit bus, and three CNG vans for WCCA’s community transit
program. The CNG station will be designed and constructed with an estimated
$350,500. Preventive maintenance funding has been awarded to WCCA for a two-year
operating period as a supplement to routine operational maintenance costs. All
projects are 100% funded with the exception of the Transit Center, which
received a non-stimulus award in the amount of $1,671,847 and requires a 20%
match. The value of the parcel can be used to reduce the match requirement.
Funds will not be awarded for that project until 2014 and it is estimated that
the project will take 18 months to complete.
Guidelines for the stimulus programs
require that construction or procurement contracts should be issued by the end
of December 2009. Staff will begin work on the CNG station immediately by
hiring a design consultant. The project is likely to be completed between March
and July 2010. Staff anticipates award of the bus contract by November with
anticipated delivery of the vehicles in January 2011. The vans likely will be
purchased on the state contract and delivery dates are not yet established.
More detailed timelines for the 29’ CNG bus project and the CNG station were
provided.
Other STP-DA funding awards were given
for local projects including the Oakdale Cemetery Connector in Hendersonville,
the Cane Creek Greenway and St. Johns sidewalk in Fletcher, and a sidewalk
along Little River Road in Flat Rock. The full list of STP-DA awards for
regional projects was also provided.
In the not so distant future bidding
would begin as well as bids for the vehicles.
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
Set Public
Hearings for Community Development Block Grant (CDBG) Application.
Commissioner McGrady made the motion that the Board sets the first
required public hearing for August 3, 2009 at 7:00 p.m. on the CDBG grant
application; and he further moved that the Board sets the second required
public hearing for August 19, 2009 at 11:00 a.m. on the specific planned uses
outlined in the grant applications. 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)(4) To discuss
matters relating to the location or expansion of industries or other businesses
in the area served by the public body.
2.
(a)(6) To
consider the qualifications, competence, performance, character, fitness,
conditions of appointment, or conditions of initial employment of an individual
public officer or employee or prospective public office or employee; or to hear
or investigate a complaint, charge, or grievance by or against an individual
public officer or employee.
All
voted in favor and the motion carried.
ADJOURN
Commissioner McGrady made the motion to adjourn the
meeting at 9:30 p.m. All voted in favor
and the motion carried.
Attest:
Teresa L. Wilson, Clerk to the Board William L. Moyer, Chairman