MINUTES
STATE
OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY
OF HENDERSON JUNE 21,
2000
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 9:00 a.m. in
the Commissioners= Conference Room of the
Henderson County Office Building at 100 North King Street, Hendersonville,
North Carolina.
Those present were: Chairman Grady Hawkins, Commissioner Renee
Kumor, Commissioner Don Ward,
Commissioner Marilyn Gordon, County Manager David E. Nicholson, Assistant
County Manager/Interim County Attorney Angela S. Beeker, and Clerk to the Board
Elizabeth W. Corn.
Also present were:
Finance Director J. Carey McLelland, Public Information Officer Chris S.
Coulson, Staff Attorney Jennifer O. Jackson, Planning Director Karen C. Smith
and Volunteer Coordinator Amy Brantley.
Absent was: Vice-Chair
Bill Moyer.
CALL TO ORDER/WELCOME
Chairman Hawkins called
the meeting to order and welcomed those in attendance.
PLEDGE OF ALLEGIANCE
Commissioner Gordon led
the Board in the Pledge of Allegiance to the American Flag.
INVOCATION
Dr. George Jones gave
the invocation.
DISCUSSION/ADJUSTMENT OF
AGENDA
Chairman Hawkins added
one item as AG-3" under Staff
Reports - Update on pending issues - AReport on LGCCA meeting@. He also added the Tax Collector=s Report under consent
agenda.
Commissioner Kumor asked
David Nicholson to explain the merit system - it was added as AG-4" under Staff
Reports. She had gotten calls from
employees who are concerned about it.
It was the consensus of
the Board to approve the above adjustments to the agenda.
Chairman Hawkins asked
David Nicholson to comment on item AH@ from the consent agenda. The National Association of Counties had
awarded Henderson County a 2000 Achievement Award for the Fire Marshal=s Office - AB-Safe Program@.
Rocky Hyder briefed the
Board regarding this program. It has
generated a lot of trust in the business community and a lot of commitment
because it has made them a part of the Fire Prevention Programs.
CONSENT AGENDA
Chairman Hawkins 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
Minutes were presented
for the Board=s review and approval of
the following meetings:
February 22, 2000 special called meeting
May 4, 2000 special called meeting
May 8, 2000 special called meeting
May 17, 2000 regular meeting
June 1, 2000 special called meeting
June 5, 2000 regular meeting
Approval of Closed
Session Minutes
The Board was requested
to adopt the following motion:
Motion: The following
closed session minutes are hereby approved and shall be deemed sealed as
provided by Section 11-6 of the Henderson County Code:
1.
Minutes
for the closed sessions held on November 17, 1999, December 15, 1999,
April
19, 2000, and May 1, 2000 as presented and modified during the closed
session
of June 5, 2000.
2.
Minutes for the closed sessions held on November 1, 1999, January 4,
2000,
March 6,
2000, March 15, 2000, and April 3, 2000 as presented and modified during
the
closed session of April 19, 2000.
Unsealing of Certain Items
Contained in Approved Closed Session Minutes
The Board was requested to
adopt the following motion:
Motion: Those certain items
contained in approved closed session minutes listed on the Closed Session
Agenda for June 5, 2000 as items B(1) through B(10) are hereby unsealed
pursuant to
Section 11-6 of the
Henderson County Code.
Correction to a set of
approved minutes (May 23, 2000)
The Clerk to the Board
informed the Board that she had accidently left Commissioner Moyer=s name off on those who were
present at the meeting of May 23, 2000, and indeed he was present. Mr. Moyer found the mistake when he read the
minutes. This set of minutes was approved
on June 5, 2000. She asked the Board to
approve the addition of AVice-Chair Moyer@ to AThose present were@ on page one of the May 23,
2000 minutes.
Road Petitions (for addition
to the State Maintenance System)
Staff had received three
road petitions requesting addition to the State Maintenance System. Lee King of the Property Addressing
Department had reviewed the petitions and recommended acceptance.
The petitions were for: 1. Sean Way (remainder of)
2.
Benjamin Way
3. Moria
Way
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 NC DOT to change the priority
for roads on the paving priority list.
Apple Country Greenway
Commission
The Board received the
Annual Report from the Apple Country Greenway Commission for information only.
Extension of Broadpointe Way
Mr. Ron Leatherwood, member
of the North Carolina Board of Transportation, had requested that the Board of
Commissioners adopt a Resolution in support of the extension of Broadpointe Way
in Broadpointe Park by the North Carolina Department of Transportation to serve
UPM-Raflatac, Inc. The Board of Transportation
will be meeting on the lst of July to consider whether or not the extension of
the road will be done by NC DOT or not.
Mr. Leatherwood would like to have a Resolution of Support from the
Board of Commissioners to hand carry to that meeting.
2000 NACo Achievement Award
The National Association of
Counties had awarded Henderson County a 2000 Achievement Award for the Fire
Marshal Office=s B-Safe program.
Chairman=s Announcement
Chairman Hawkins announced
that the reason Commissioner Moyer was absent is that he is on vacation with his
family.
NOMINATIONS
Notification of Vacancies
The Board was notified of
the following vacancy, which will appear under ANominations@ on the next agenda for
action:
1. Child Fatality Prevention
Team - 1 vac.
Nominations
Chairman Hawkins reminded the
Board of the following vacancies and opened the floor to nominations:
1. Nursing/Adult Care Home
Community Advisory Committee - 2 vac.
There were no nominations at
this time so this item was rolled to the next meeting.
2. Juvenile Crime Prevention
Council - 1 vac.
There were no nominations at
this time so this item was rolled to the next meeting.
3. Mountain Area Workforce
Development Board - 1 vac.
There were no nominations at
this time so this item was rolled to the next meeting.
JAIL - Food Service Contract
During the budget
deliberations, the Sheriff=s Department indicated that they were
considering a contract with a private firm to handle the Jail food service and
commissary. The Board reviewed a draft
contract with Correctional Foodservice Management out of Phoenix, Arizona. They
operate in 40 states. They will handle
the transitioning of food service including ordering the food.
Sheriff Erwin stated that we
are currently paying $2.98 per meal per inmate. We are looking at a new cost of $1.68 per meal per inmate for 80
inmates. As the number grows, the price
decreases. If we have as many as 120
inmates, the cost per meal would be $1.41.
He stated that we would see a substantial savings to our County. He estimated
that in the first year they could save roughly $19,000 by privatizing the food
service in the detention center. The
Commissary operation in the jail has helped bring the cost down about 5 cents
per meal. The new company will now run the Commissary also.
Sheriff Erwin recommended
that the Board approve the contract with Correctional Foodservice Management so
they can begin with them on July 1, 2000.
Following discussion,
Chairman Hawkins made the motion to authorize the County Manager to sign the
contract as presented. All voted in
favor and the motion carried.
2000 TAXBILL
Staff distributed copies
of the draft 2000 Henderson County Taxbill.
This bill incorporated the changes that the Commissioners requested at a
workshop on tax billing and collection earlier this year. The Board reviewed the taxbill and Chairman
Hawkins suggested some minor changes.
Terry Lyda and Robert
Baird had worked on these taxbills together.
It is now a AWord@ document and can be
printed out in the office. It is more user-friendly.
Staff will incorporate
the suggested changes and will present the new version to the Board.
FIRE PROTECTION
DISTRICTS
On the 17th
day of March, 1999, the Board of Commissioners adopted a Resolution requesting
that the North Carolina General Assembly pass a local bill allowing the County
to change the boundaries of Henderson County=s fire protection districts. As requested, the General Assembly passed
such a bill. A copy of the Bill was
submitted for the Board=s review.
Rocky Hyder stated that
the fire protection district maps have in the past been based upon a point to
point system which does not take into consideration property lines or the GIS
mapping capabilities that the County now has.
The current maps are difficult to decipher and do not establish clear
district boundaries. A fire district
must not extend farther than five miles from the district=s fire station. The Fire Marshal and the Assessor=s Office have worked diligently
with all of the current fire districts and their fire chiefs in order to
develop a revised map that satisfies all concerned. The result was a map that takes into consideration the property
lines and the five mile limitation.
That map was attached to the Board=s March 17, 1999 Resolution as Exhibit A. Staff stated that the Board should note that
it=s authority to change
the boundaries, as indicated in House Bill #519, is limited to changes
consistent with the map identified as Exhibit A. Some charts were reviewed which summarized the effect that these
boundary amendments will have on property owners.
Staff informed the Board
that if they wished to make the changes to the fire protection district
boundaries, it would be appropriate for the Board to consider adopting the
draft resolution, either as stated or as the Board may wish to revise it.
Currently we still have
citizens uncovered because of the 5 mile limitation. If adopted, this change will become effective on January 1, 2001.
The reorganization will allow some people protection that have never had that
and will also offer them insurance advantages.
Commissioner Kumor made
the motion to adopt the Resolution as presented, regarding Fire Protection
Districts. All voted in favor and the motion
carried.
Rocky explained that
Representative Justus worked very hard for us to get this Bill passed. Many staff members worked together on this
project also
FIRE AND RESCUE ADVISORY
COMMITTEE
A draft of the latest
copy of the by-laws for the Fire and Rescue Advisory Committee was presented
for the Board=s review. The changes recommended by the Fireman=s Association were in
bold letters.
Rocky Hyder addressed
the changes with the Board. They added
some additional language that refers to sharing power with the County
Commissioners in appointing some of the Board members.
The Legal Staff had a
couple of legal recommendations which will be incorporated and the By-laws will
then be sent back to the Fireman=s Association.
Staff and the Chairman will draft a letter to be sent back to the
Fireman=s Association regarding
the discussions the Board had today.
PROPOSED AMENDMENT TO
CODE CHAPTER 87 - Emergency Medical Services
Jennifer Jackson
reminded the Board that Chapter 87 of the Henderson County Code contains what
is commonly known as the County=s Ambulance Ordinance.
This Ordinance was adopted pursuant to NCGS 153A-250 and prohibits the
operation of emergency or non-emergency medical transportation business unless
the provider has been granted a franchise.
This Ordinance outlines the procedure by which an individual or
corporation can apply for a franchise and also governs some of the terms of the
resulting franchise agreement.
There was an amendment
to this Ordinance that was considered and approved by the Board of
Commissioners on February 21, 1996 related to the rates that an ambulance
franchisee could charge for its services.
The amendment granted the right of a franchisee to charge up to the rate
charged by Henderson County EMS. This
amendment was inadvertently omitted when the County=s ordinances were
codified, so it is now brought forward as a formal amendment to the Code. The proposed amendment is to section
87-12(A) of the Code and is highlighted to show the change.
Pursuant to NCGS
153A-250, the Board must advertise for and hold a public hearing on the
proposed amendments prior to adopting the amendments. Staff proposed that the public hearing be scheduled for the Board=s regular meeting on
July 26, 2000. A Special Order was
distributed for the Board=s use in setting this
public hearing.
Note from staff - The Board will be
considering an ambulance franchise application for non-emergency medical
transport submitted by Arc Angel Trans=Support Services. Aaron Edney, the owner, is aware of the proposed amendment and
was actually the person that originally brought it forward in 1996. He will therefore agree to be bound by that
amendment even if it is effective after his franchise is approved.
Following discussion,
Commissioner Kumor made the motion to adopt the special order setting this
Public Hearing for July 26, 2000 at 11:00 a.m., as recommended above. All voted in favor and the motion carried.
AMBULANCE FRANCHISE
APPLICATION - Arc Angel Trans=Support Services
Jennifer Jackson
informed the Board that EMS Director, Tom Edmundson, had received an
application for a nonemergency medical transport franchise submitted by The
Odin Corp., d/b/a Arc Angel Trans=Support Services. Chapter 87 of the County Code is entitled AEmergency Medical
Services@ and has been commonly
referred to as the Ambulance Ordinance.
This Ordinance outlines the procedure by which an individual or
corporation can apply for a franchise and also governs some of the terms of the
resulting franchise agreement.
To be in compliance with
the procedure outlined in the Ambulance Ordinance, the Board must schedule a
hearing at which time the applicant can appear before the Board and discuss his
application. The applicant has requested
and Staff recommended that the hearing be scheduled for the Board=s July 3, 2000 meeting.
NCGS 153A-46 requires
that the granting of a franchise be achieved by the adoption of an ordinance at
two regular meetings of the Board. Therefore, at the close of the hearing the
Board will be asked to consider a draft ordinance which grants the franchise as
requested by the applicant. Should the
Board approve the first reading of the ordinance at the close of the hearing on
July 3rd, the matter will be put back on the Board=s agenda for the
approval of the second and final reading at the Board=s meeting on July 26,
2000.
The complete franchise
application has been on file with the Clerk to the Board for the Commissioners
to review. The Board had been
cautioned, however, that the application did not contain confidential
information and the Commissioners were encouraged to honor that
confidentiality.
Staff is in the process
of completing its review of the application but at this time believed that it
was in order.
Jennifer explained that
the hearing is not a public hearing, it is just an opportunity for Aaron Edney
to come before the Board and explain his application and/or address any
questions the Board members might have. Therefore, it can be set as a regular
agenda item.
Following discussion,
Chairman Hawkins made the motion to direct staff to have the first reading on
July 3, 2000. All voted in favor and
the motion carried.
UPDATE ON PENDING ISSUES
Designation of Voting
Delegate to Annual Conference
NCACC - Durham County -
August 10-13, 2000
The Board had been
requested to designate a commissioner or other official as the County=s voting delegate for
the NCACC Conference to be held in Durham County in August.
There was some
discussion regarding who planned to attend this Conference. It was the consensus for Renee Kumor to be
our Board=s appointed voting
delegate.
Update on Addressing
Project
Chairman Hawkins stated
that the Board had started implementation for the Town of Fletcher back in
March. In further research, we found
that we weren=t quite ready to do some
of the implementation that the Board had in mind at that time. Chairman Hawkins, David Nicholson, and
Robert Baird have worked together to figure out how to best address our data
base and some other issues. He asked
Mr. Nicholson to update the Board.
David Nicholson had
brought a group together to start working on this issue. He stated that he will be asking the Board
to set a workshop on this item at the next meeting, since Commissioner Moyer is
not present at this meeting. There are
some decisions the Board needs to make.
David explained that he
went into this with a goal - ATo provide 9-1-1 dispatch with the best accurate information
that we can provide to them@, that was the number one goal. It was realized very quickly that 9-1-1 wants and needs a map,
they feel that is the highest priority.
The group has been
working on some very specific recommendations to the Board of Commissioners.
Major thoroughfares have been discussed for some time, staff has now created a
list of them. They will also have a
list of the minor or secondary thoroughfares.
Two of the
municipalities did not adopt the point systems. One of the issues was duplicate road names. All this information will be presented to
the Board. He requested that the Board
formally adopt those municipalities who have not adopted the point system,
asking them to do so, this would give us a standard to work with.
The group is working on
a proposal that will address the posting of addresses. The Ordinance requires posting of
addresses. Staff will need clear
direction from the Board on how they wish this
to be handled.
The group is also
working on some amendments to submit to the Legal Department that they feel
would clarify some of the issues that are outstanding.
David Nicholson stated
that we do need to make sure that everyone has a unique address in the
county. Another high priority is
eliminating routes and boxes, along with getting rid of duplicate names. David suggested that we deal with the
items discussed above, the less controversial items. These are the items that need to be done.
He will meet back with
the group soon and will have some really good solid recommendations to present
to the Board of Commissioners.
Update on LGCCA meeting
Chairman Hawkins asked
Commissioner Gordon to update the Board on the LGCCA meeting that they both
attended.
Commissioner Gordon
stated that the LGCCA (Local Government Committee for Cooperative Action) met
June 2 at Blue Ridge Community College.
The agenda dealt with land use planning in the Mills River area. They have just received a draft copy of the
minutes and they will be distributed to each Commissioner. Chairman Hawkins reviewed the Land Use Plan
that is in place for the county and the progress that has been made in the last
few years on that at that meeting. Gary
Tweed updated the LGCCA about the progress on the Mills River sewer line. Following those presentations much
brain-storming discussion transpired. She thought it was a very worthwhile
meeting.
Update on the Merit
System
Commissioner Kumor had
requested this as an add-on.
David Nicholson informed
the Board that we are in a transition year this year as we go into the Apay for performance@ system, that=s actually what a merit
system is, is pay for performance. Last
October staff started doing performance appraisals. This October there will be
an across the board increase to all county employees of 1.5% for all employees
who are on the step and grade program.
If an employee has an anniversary date in Oct. they would get in
addition to the COLA of 1.5%, an additional 1.5% if they meet standards. For an employee who has an anniversary
date in January, they will get the COLA of 1.5% in October and then in January
would be eligible for an additional 1.5% if they meet standards on their yearly
performance appraisal. Plus, if an employee is above standards they would be
eligible for a one time payment of $250 and if they are exceptional they would
be eligible for a one time payment of $500.
From then on, there will be no more COLA increases, there will be only
increases based on employees meeting standards when evaluated on their yearly
performance appraisal. The year will
run with the county=s fiscal year. If an employee is below standard, they will
get nothing.
IMPORTANT DATES
Chairman Hawkins
reminded the Board of an up-coming Joint School Facilities meeting scheduled
for August 21 at 5:30 at the Board of Education Building.
He also reminded
everyone that the July mid-month meeting has been changed to July 26.
He also reminded the
Board of the up-coming NCACC Conference in August, 10-13, in Durham. He asked that
anyone who wished to attend to let Ms. Corn know so that she can get them
registered and get them some accommodations.
They set no meeting
dates at this time due to the fact that Commissioner Moyer was absent. At the next meeting the Board will plan to
set a workshop on property addressing.
INFORMAL PUBLIC COMMENTS
1. R. S. Raby - Mr. Raby had shared
with Chairman Hawkins (and he showed the one in his hand to the Board and the
audience) a color brochure and through the Dept. of Defense they are going to
initiate a 50th anniversary of the Korean War Commemorative
Community Program. He has volunteered
to form a committee locally and has even offered to be Chairman of the
committee. The committee would attempt
to conduct or perform three events a year to meet their requirements for being
an official Community Commemorative Program Group. When you meet their
requirements they issue a flag and a certificate (which would be property of
the county).
He suggested that the
title of the committee be AHenderson County Committee for the 50th
Anniversary of the Korean War Community Program.@
He asked for the Board=s permission to use that title.
He then discussed
briefly some events they might use, such as speaker programs at high schools,
civic groups and such.
The committee will have
three years to conduct the three events.
There was one event that Mr. Raby was particularly interested in and it
would have to be approved through the Board of Commissioners, which was the renaming
of our local National Guard Armory. He
would like to see the local National Guard Armory named for the first native
from Henderson County that was killed in action in the Korean War.
Chairman Hawkins
explained to the Board that Mr. Raby is a Korean War veteran and a POW from the
Korean War. Chairman Hawkins had spent a year in Korea also but not during the
war.
Chairman Hawkins called
a 5 minute technical recess for changing tapes.
Following the break it
was the Board=s wish to readdress the
above subject on tape, as informal public comments are normally not taped.
Chairman Hawkin=s stated that during
informal public comments the Board entertained some comments from Mr.
Raby. Mr. Raby is a Korean War Veteran
and an ex-POW from the Korean War. He
brought to the Board=s attention the 50th
Anniversary Commemorative Community Program that he has volunteered to work
with along with several of our Veteran=s Administrations.
Mr. Raby gave out his
home telephone number, 698-8458, in case someone watching the meeting on cable
would want to contact him and work on this project.
Chairman Hawkins stated
that the Board was interested in naming the new committee the AHenderson County
Committee for the 50th Anniversary of the Korean War Community
Program.@ Chairman Hawkins asked
that he update the Board as this project progresses.
DISPOSITION OF THE TRUST
BUILDING
During the recent budget
deliberations, the Board discussed the possibility of transferring
ownership of this building to the
Henderson County Genealogical and Historical Society. This facility is currently leased to the Society for an
additional five-year period beginning July 1, 2000. During the first five years of the lease, Henderson County
contributed $25,000 per year towards that upkeep and utility costs of the
building.
The Society would like
to secure financing on this facility to do some needed improvements to the
building. In order to get this
financing, financial institutions would like for the Society to own the
building. Should the Board wish to
consider this idea, a restriction could be placed within the deed to allow for
the building to revert back to the County should the Society discontinue its
current use.
North Carolina law
allows County property to be given to a not-for-profit organization that is
carrying out a public purpose. However,
we are required to publish a notice in the newspapers for 10 days before the
deed can be executed.
Staff had prepared a
resolution, should the Board wish to consider this request.
Chairman Hawkins
suggested that Henderson County title the building over to the Genealogical and
Historical Society with appropriate deed restrictions on it for non-profit
public purpose. Should that change at any time, the property would revert back
to the County via the deed restrictions.
Chairman Hawkins stated
that the Board might want to consider the utility costs, especially for the
first year because the Society has not had time to plan for those. He recommended that Henderson County pay all
of the utilities for the first year, 50% of the utilities for the second year,
and for the third year the Society would be responsible for all the utility
costs.
Staff had prepared a
resolution for the Board=s approval. Angela
Beeker reviewed the resolution with the Board for legal purposes.
Following discussion,
Chairman Hawkins made the motion to adopt the Resolution as presented and
direct staff to pay the utilities for the first year and 50% of the utilities
for the second year. All voted in favor
and the motion carried.
EXTENSION OF IMPROVEMENT
GUARANTEE FOR HIGH VISTA FALLS, PHASE VI
On July 21, 1999, the
Board of Commissioners approved the posting of an irrevocable letter of credit,
in the amount of no less than $196,562.00, by K & M Development Resources,
Inc., as an improvement guarantee for High Vista Falls, Phase VI. As approved, the Agreement for the
improvement guarantee required that the water, sewer, road and drainage
improvements in High Vista Falls, Phase VI, be completed by July 1, 2000. To date, the County has not released any
portion of the letter of credit.
Mr. Robert J. Duffy,
Jr., on behalf of K & M Development Associates, Inc., has submitted a
letter requesting the County extend the completion date for the improvements
for one year (to July 1, 2001). The
Board of Commissioners considered the request at the June 5, 2000 meeting,
however, the Board wanted information about the status of the project and the
developer=s representative was not
present. Therefore, the Board requested
that the item be included on the mid-month meeting agenda. Mr. Robert Duffy, Jr. was present to answer
questions from the Board.
Should the Board choose
to grant the extension, Staff had attached a draft extension Agreement to the
agenda item for the Board=s consideration. If the extension is approved, the developer
must post an amended letter of credit, with a new expiration date, in the
amount of $196,562.00. The Staff Attorney
must review the amended letter of credit, once submitted, and certify the
Agreement as to form prior to its execution by the Chairman and the developer.
In the event that the
Board declines to grant the requested extension, Staff would seek direction
from the Board on whether to pursue any remedies under the letter of credit
should the developer fail to complete the improvements by July 1, 2000.
Karen Smith informed the
Board that this phase is multi-family construction with only 18 units in phase
IV. Phase V will be the last phase of
the project.
Mr. Duffy, representing
K & M Development Associates, Inc., was present to answer questions the
Board raised.
Following discussion,
Chairman Hawkins made the motion to approve the performance guarantee agreement
as presented. All voted in favor and
the motion carried.
CLOSED SESSION
Commissioner Kumor made
the motion for the Board to go into Closed Session as allowed pursuant to NCGS
143-318.11 for the following reasons:
1.
(a)(1) To prevent disclosure of information that is
privileged or confidential pursuant to the
law of
this State or of the United States, or not considered a public record within
the meaning of Chapter 132 of the General Statutes, in accordance with and
pursuant to NCGS 143-318.10(e) and Article II of Chapter 11 of the Henderson
County Code.
2.
(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.
3.
(a)(6) To consider the qualifications, competence,
performance, character, fitness, conditions of appointment, or conditions of
initial employment or an individual public officer or employee or prospective
public officer or employee; or to hear or investigate a complaint, charge, or
grievance by or against an individual public officer or employee.
Commissioner Ward made the motion
for the Board to go out of closed session.
All voted in favor and the motion carried.
There being no further
business to come before the Board, the meeting was adjourned at approximately
12:45 p.m.
Attest:
Grady Hawkins, Chairman