MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON MAY 5, 2003

The Henderson County Board of Commissioners met for a regularly scheduled meeting at 5:30 p.m. in the Commissioners' Conference Room of the Henderson County Office Building.

Those present were: Chairman Grady Hawkins, Vice-Chairman Larry Young, Commissioner Bill Moyer, Commissioner Charlie Messer, Commissioner Shannon Baldwin, County Manager David E. Nicholson, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.

Also present were: Planning Director Karen C. Smith, Budget and Management Director Selena Coffey, Fire Marshal/Emergency Management Coordinator Rocky Hyder, Public Information Officer Chris S. Coulson, Paralegal Connie Rayfield, Finance Director J. Carey McLelland, County Engineer Gary Tweed, and Deputy Clerk to the Board/Volunteer Coordinator Amy Brantley.

CALL TO ORDER/WELCOME

Chairman Hawkins called the meeting to order and welcomed all in attendance.

PLEDGE OF ALLEGIANCE

Commissioner Moyer led the Pledge of Allegiance to the American Flag.

INVOCATION

Rev. Paul Chandler, Oak Forest Baptist Church, led the invocation.

DISCUSSION/ADJUSTMENT OF AGENDA

Commissioner Messer asked that one item be added to the agenda, an update on the Human Services Building testing. Chairman Hawkins added it as D-2 under Staff Reports.

There were no other changes suggested to the agenda. Chairman Hawkins made the motion to approve the agenda as amended.

CONSENT AGENDA

Chairman Hawkins made the motion to approve the consent agenda with the time of 11:00 a.m. added to item G, setting a public hearing. All voted in favor and the motion carried.

Consent Agenda consisted of the following:

Minutes

Draft minutes were presented for the Board=s review and approval of the following meetings:

April 7, 2003, regular meeting

April 16, 2003, regular meeting

April 22, 2003, special called meeting

Financial Report - March 2003

Cash Balance Report - March 2003

Non-departmental expense includes the annual property/liability and worker=s compensation insurance premiums paid to the NCACC Risk Management Pools. The remaining costs of $50,552 will be allocated out prior to fiscal year end.

The Revaluation Reserve Fund is reporting a year-to-date deficit primarily due to $45,000 in printing and postage expense incurred during the months of January and March to mail out property reappraisal notices and brochures to the public.

The Travel and Tourism Fund year-to-date deficit is primarily due to a slowdown time in the travel/tourism business during the winter months. Therefore, occupancy tax collections are at their lowest during this time of year.

The deficits reported in the CDBG-Scattered Site Housing and Mills River Watershed Protection Projects are temporary deficits due to timing differences in the expenditure of funds and the subsequent requisition of funds to reimburse these expenditures.

The Human Services Building Project deficit is due to architectural fees and demolition/abatement work performed at the former Carolina Apparel Building. It is anticipated that these costs will either be recouped from financing proceeds for the project or proceeds from the sale of the land and building.

Henderson County Public Schools Financial Report - March 2003

This financial report was provided for information and consent approval.

Tax Collector=s Report

Terry F. Lyda, Henderson County Tax Collector, had submitted the Tax Collector=s Report dated May 1, 2003 for the Board=s consent approval.

Agriculture Advisory Board

The Agriculture Advisory Board had submitted their 2002 annual report for information only. No action was necessary.

Nursing/Adult Care Home Community Advisory Committee

The Community Advisory Committee had submitted their annual report for the year ending April 2003. No action was necessary.

Request for Public Hearing on Road Names

Rocky Hyder had submitted a request for a public hearing date to be set to name the following roads:

Old Name Proposed Name

Patrie Dr Reservoir Dr

Glenn J Dr Magnolia Spring Pl

New Street Names (no previous name)

E. Byrd Ln

Windy Gap Ln

Windswept Way

Askew Ln

Laughter Farm Ln

Staff had recommended that the public hearing be set for May 21, 2003. In his motion to approve the consent agenda, Chairman Hawkins added the time for the hearing as 11:00 a.m.

Juvenile Justice and Delinquency Prevention Grants

The Henderson County Juvenile Crime Prevention Council (J.C.P.C.) has approved funding for local juvenile prevention programs. These funds for Fiscal Year 2003-2004, in the amount of $203,010 are available for this purpose through the State of North Carolina. Each program is required to provide a 30% match.

The programs approved by the J.C.P.C. are as follows:

1. J.C.P.C. Administrative Expenses $ 7,500

2. Youth Mediation Services/PACES $36,173

3. Project Challenge NC $51,739

4. Juvenile Crime Prevention Team $41,592

5. Non-Secure Detention $ 2,500

6. Psychological Services for Juvenile Court $14,100

7. Education & Social Development Program $ 7,814

8. Reserve funds for Mental Health Services $41,592

$203,010

These grant applications have been recommended for approval to the Board of Commissioners by the J.C.P.C. They will then be forwarded to Raleigh before the May 15, 2003 deadline.

In addition, as part of the grant application process, each county is required to submit an annual plan for juvenile crime prevention and intervention services and J.C.P.C. certification. These items have also been completed and approved by the J.C.P.C. The plan and J.C.P.C. certification were included in the package and recommended to the Board for approval and signature.

Cancellation of Public Hearing Re: Rezoning Application# R-02-07

Conomo Properties, LLC, Applicant

Rezoning Application #R-02-07 was submitted in its original form on December 20, 2002; a modification of such application was submitted on Wednesday, February 12, 2003. The Henderson County Planning Board completed its review of Rezoning Application #R-02-07 at its meeting on Tuesday, February 19, 2003, when it voted 4 to 1 to send to the Henderson County Board of Commissioners an unfavorable recommendation regarding all versions of such application.

In accordance with Section 200-76 of the Henderson County Zoning Ordinance and State Law, the Board scheduled a Public Hearing regarding Rezoning Application #R-02-07, to be held on Monday, May 19, 2003 at 7:00 p.m. in the auditorium of West Henderson High School.

On April 25, 2003, Arthur F. Cleveland of Conomo Properties, LLC, Applicant, submitted a letter withdrawing Rezoning Application #R-02-07. The Board has the option of either canceling or continuing forward with the Public Hearing. It was Staff=s recommendation that the Board cancel such Public Hearing.

Justice Academy Sewer System

The Edneyville Fire and Rescue Department has filed a request for sewer service with the Henderson County Utilities Department. The applicant is requesting approval to connect, by constructing a pump station and force main, to the County=s wastewater treatment plant that serves the Justice Academy. The applicant proposes to discharge 250 gallons of wastewater per day. There is adequate capacity available at the treatment plant to meet this request.

The Utilities Department recommended approval of this application being conditional upon the following:

1. Applicant complying with the Henderson County Sewer Use Ordinance and the

rules and regulations.

2. The proposed pump station and force main will be funded, constructed, owned and

operated by the applicant.

3. Ten feet separation shall be maintained between the County=s existing 3-inch

effluent force main and the applicant=s 2-inch line.

4. Applicant shall furnish evidence of any and all required private easement for the project

to the Henderson County Utilities Department.

5. Applicant shall furnish copies of any required NCDENR permits as well as any

NCDOT encroachment to the Henderson County Utilities Department.

6. Applicant shall pay a monthly flat rate sewer fee of $68.75 to Henderson County.

Update on County Comprehensive Plan (CCP) and Other Major Planning Initiatives

Staff provided the issue update which summarizes the tasks related to the CCP and the other major planning initiatives that were completed over the past month. The update also included actions for the coming month. No action was necessary.

Employee Recognitions/Awards

The Board of Commissioners had asked that these be included on the agenda for special recognition of our departments= and employees= achievements.

Chris Coulson, Henderson County Public Information Officer, won an award in the Public Relations Association (PRAWNC) of Western North Carolina=s Best of the Mountains Awards competition.

The award was won for the 2002 Report to the Citizens, an annual report.

NOMINATIONS

Environmental Advisory Committee

Chairman Hawkins reminded the Board that the Environmental Advisory Committee was created by the Board of Commissioners on March 17, 1999. The Committee was granted an initial two year term, that was extended on May 7, 2001 and is due to expire on June 30, 2003. The Board should consider whether it wishes to extend the term of this Committee. In extending the life of such Committee the Board can either set a term of year(s) or continue the Committee indefinitely. He asked that the Board think about this one. It will be placed back on the April 21 meeting for action by the Board.

Mr. Nicholson had advised that besides determining the future existence of this committee, the Board would also need to decide if a Commissioner wished to serve in an Ex-Officio/Nonvoting capacity and determine if there are any specific projects it wished to assign to this Committee.

Solid Waste Advisory Committee

Chairman Hawkins had also received a letter from Mr. Bill Farrell requesting that he no longer be the Chairman of the Solid Waste Advisory Committee but he does desire to remain on the committee. He stated that the Board would get an update on the 10 year solid waste plan so the Board can take a look at that committee at the same time.

Notification of Vacancies

The Board was notified of the following vacancies which will appear on the next agenda for nominations:

1. Cane Creek Water & Sewer District Advisory Committee - 2 vac.

2. Juvenile Crime Prevention Council - 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 - 9 vac.

There were no nominations at this time so this item was rolled to the next meeting.

2. Mountain Area Workforce Development Board - 1 vac.

There were no nominations at this time so this item was rolled to the next meeting.

3. Child Fatality Prevention Team - 1 vac.

Chairman Hawkins nominated Crit Harley to position #2. There were no other nominations. Chairman Hawkins made the motion to accept Mr. Harley by acclamation. All voted in favor and the motion carried.

4. Asheville Regional Housing Consortium - 1 vac.

Commissioner Moyer nominated Bob Ogden. There were no other nominations. Chairman Hawkins made the motion to accept Mr. Ogden by acclamation. All voted in favor and the motion carried.

5. Travel & Tourism - 1 vac.

Chairman Hawkins stated that he had several phone calls from people who were interested in filling out an application for this committee. He asked that this be held open for a vote.

Commissioner Young nominated Vanessa Mintz. There were no other nominations at this time. This item was rolled to the next meeting.

6. Juvenile Crime Prevention Council - 1 vac.

Commissioner Messer nominated Debbie Reemes. There were no other nominations. Chairman Hawkins made the motion to accept Ms. Reemes by acclamation. All voted in favor and the motion carried.

7. Transportation Advisory Committee - 2 vac.

Commissioner Baldwin nominated Erica McArthur. Commissioner Young nominated Jack Summey. Chairman Hawkins nominated Jim Crafton. There was some discussion of possibly adding additional positions to this committee. No action was taken at this time. The Board will plan to take action on this committee at the May 21 meeting after reviewing the TAC Charter.

8. Regional Vision 2010 (Land-of-Sky) - 1 vac.

Following some discussion, Chairman Hawkins made the motion to name David Nicholson as the Board=s representative to this and allow him latitude to send a staff member in his absence as he feels necessary or appropriate. Mr. Nicholson does not feel that he would be able to attend every meeting but he would send an appropriate staff member, dependent upon what was on the agenda. All voted in favor and the motion carried.

WATER SERVICE FOR FED EX

Gary Tweed informed the Board that the City of Asheville Water Department has requested that they be allowed to make a change to the Regional Water Line serving FED EX, formerly American Freightways. The existing 12 inch Regional Water Line runs from the 24 inch ABHWA transmission line on Fanning Field Road approximately 500 feet to a Fire Hydrant at the end of the water line. The service to FED EX is off the 12 inch water line. In order to maintain water quality in the 12 inch line the City of Asheville frequently flushes the water line through the fire hydrant at the end of the line. The City of Asheville would like to relocate the service closer to the 24 inch water transmission line and turn off the 12 inch water line. Doing so would make the existing fire hydrant inoperable.

Staff has evaluated the proposal and feels that a fire hydrant is needed in this area. Should we agree to allow the City of Asheville to make this change, then it is recommended that a new fire hydrant be installed near the entrance drive to FED EX.

In addition, a new substation for the Mills River Fire and Rescue Department, located just beyond FED EX on Fanning Field Road, is planning to connect to the 24 inch water transmission line and would like a fire hydrant at that location as well. The Mills River Fire Department Chief has indicated that they would be willing to cover the cost of this hydrant. This service would not require the construction of a regional waterline just a connection to the transmission line.

Mr. Nicholson provided this information to the Board for informational purposes. He does not think that the County has a role in the specific locations of fire hydrants. All parties seem to have agreed to this proposal.

As for the connection for the Mills River station, there is no request for a regional line to be constructed. As the Board continues its discussion over the renegotiation of the Regional Water Agreement, we need to remember that we now have several customers in northern Henderson County that are served directly off the transmission line.

Following much discussion of this issue, Commissioner Baldwin made the motion to approve this request contingent on them placing the new tap on the existing 12" line and that the fire hydrant be installed as specified in the plans presented to the Board. All voted in favor and the motion carried.

OUTCOME BASED BUDGET

Mr. Nicholson had written a memo to the Board on the issue and reviewed it and other information at this time, the memo follows:

AI am writing to convey my thoughts on the concept of Outcome Budgeting. As you will recall from previous staff presentations, we began working with departments in the Fall of 2002 to develop meaningful, measurable outcomes that gauge achievement of their departmental goals and objectives. We initially began this process in Fiscal Year 1996-97. That year, our department heads were asked to provide service level indicators that would give budget staff and Commissioners a clear indication of work loads and the levels of service being provided to our citizenry. The gathering of this important information continued until Fiscal Year 2002-03, when we were forced to deal with the implications of the State=s budget crisis, our subsequent loss of state-collected taxes and reimbursements, and the delayed adoption of the state budget. For these reasons, I recommended a budget that would simply Abridge the gap@ between the current fiscal year and Fiscal Year 2003-04 and didn=t include the extra detail that the Board had become accustomed to receiving.

I believe that outcome budgeting can provide Henderson County with a tool by which to ensure operational accountability and program efficiency and effectiveness. It can help to measure how well departmental resources are used to achieve their goals, objectives, and outcomes, thereby ensuring that the County=s citizens are receiving an optimal return from their tax dollars. However, outcome budgeting goes beyond allocating resources based on achievement of outcomes. It will also assist the County in identifying benchmarks and innovative or improved methods of public service delivery.

As I mentioned earlier, staff has been working with departments since October of 2002 in developing outcomes that adequately measure achievement of their goals. This is not a process that can be established overnight. We have learned, as have other counties, that some services are not easily measured and the measuring of outcomes may not be the most efficient manner in which to operate. We have also realized that many department heads and their budget staff will need training on outcome budgeting. Finally, the largest obstacle we have found in implementing full outcome budgeting is that departments do not have a clear understanding of the goals and objectives that they should pursue. For this reason, staff has developed recommendations that will incorporate a countywide strategic planning process with outcome budgeting.

First, staff recommends that the Board of Commissioners go through the Fiscal Year 2003-04 budget deliberations as has been set forth in the budget calendar with the understanding that staff has provided outcomes and service level indicators wherever possible. Within the Recommended Budget, the Board will see departmental overviews, which describe the essential departmental functions, as well as goals and objectives established by the individual departments. In addition, the departmental overviews will provide expenditures categorized as personnel, operational, and capital, revenues offsetting expenditures, number of positions within the departments, and measures/service level indicators. Some of these measures will only assess outputs (quantity of work performed or workload measures), but a few will assess efficiency (amount of outcome produced per amount of allocated resources), effectiveness (degree to which goals and objectives were met), and outcomes (whether the department met their intended results).@

Commissioner Moyer disagrees with the concept. He favors zero based budgeting.

Commissioner Baldwin stressed that we need some sessions to understand the process.

Chairman Hawkins agreed with Mr. Nicholson=s idea of having a fall workshop to develop and understand the process.

ORDINANCE TO REGULATE FIRING OF WEAPONS

Chairman Hawkins stated that the Board=s intent was to get the verbiage in a form ready to present to the public and set a public input session at this meeting.

Angela Beeker informed the Board that the changes requested by them at a previous meeting had been made. The Board requested that this item be placed on the agenda for discussion before setting a public input session on the proposed ordinance. She reviewed the proposed Ordinance with the Board.

Following much discussion it was the consensus of the Board to remove some language from (c) of Section 196-10 of the proposed ordinance. It now reads - AIt is unlawful to discharge a firearm in any manner which actually results in the projectile leaving the property on which it is being fired.@

Chairman Hawkins asked that the new draft ordinance be put online and be available for review in the Public Library.

INFORMAL PUBLIC COMMENTS

1. Robert Dowman - Mr. Dowman is a 51 year old resident of Henderson County, living here for 12 years. In the last 15 months he has had 3 cars vandalized, two on Hwy. #25 and one at Sugar Loaf. They were all vandalized on a Sunday night. He stated that he has staked out the lot his cars are on - right across from Hunter=s Chevrolet. He stated that there is no coverage there. He has been there three week-ends. He stated that he is a Vietnam Veteran with two combat ribbons. He stated he is not worried about a terrorist in Iraq, he=s got to go to bed at night worried about who=s stealing his stuff off the road.

2. Sam Summey - Mr. Summey stated that the ordinance doesn=t address shotgun firing. He told the Board that if they crafted the ordinance like they discussed they would eliminate all bird hunting in Henderson County. He wanted to go on record as saying AI don=t bird hunt in Henderson County but there are other individuals in the county that are bird hunters and shot typically will travel 300-400 yards, even in the smaller sizes which can fall on somebody else=s property, not necessarily on their houses. Again it=s a common sense issue.@

3. Bob Nelson - Mr. Nelson asked if this would in any way impair hunting. He is a hunter. AHow is this gonna affect game laws and such ...@ He stated that he appreciated the Commissioners and felt that they had used some common sense about this.

Chairman Hawkins explained that item 13 in the proposed ordinance addressed that, it doesn=t affect the game laws at all.

UPDATE ON PENDING ISSUES

Mayor=s Cup Raft Race

AIn celebration of River Month, over the past years, Land-of-Sky has sponsored the Mayor=s Cup Raft Race. This event has proven to be an exciting and welcome friendly competition among our Region=s elected officials which have made up 10, sometimes more, teams. Last year the City of Asheville was victorious. This could be your year to win - so gather up your team. All equipment (rafts, paddles, life jackets) will be provided. There is no entry fee, but employee bonuses for taking county or city officials= places in the raft are allowed (if done discretely).

The date for the Mayor=s Cup Raft Race has been set for Sunday, June 8 with a tentative start time of 3:30 p.m. at French Broad River Park. The purpose of the ARaft Race@ is to acknowledge the importance of the French Broad River to the four-county region as a cultural, economic, natural and recreational resource and is held in conjunction with the French Broad River Month celebration.

All preparations are well underway for this celebration but we need your support. Your teams will make the Mayor=s Cup Raft Race another successful event on our beautiful French Broad River.@

Mr. Nicholson stated that we are looking for volunteers. There was some discussion of who would represent Henderson County as our team.

Following discussion of the issue, Commissioners Moyer and Messer wish to be part of the team once again. Commissioner Baldwin was volunteered by someone else. Commissioner Moyer stated that two of our deputies had shown interest in returning: Duane Frickel and Ken McCraw.

Chairman Hawkins asked Mr. Nicholson to work to put our team together.

Update on Human Services Building - add-on

Mr. Nicholson explained that the soil borings have been done and the reports returned to us. It appears that the property at Blue Ridge Community Colleges is rated AMarginal, at best@. An engineer has been asked to take a look at the reports to see what the actual costs would be for site work to improve the land. An architect has been asked to look at it from the standpoint of what additional costs there would be to construct something on that site. Mr. Nicholson stated that staff will be present to explain these items at the May 21 Board meeting.

IMPORTANT DATES

Chairman Hawkins questioned whether the Kaplan Auditorium would be large enough for the public hearing on the Animal Services Ordinance scheduled for May 20 at 7:00 p.m.

Mr. Nicholson stated that the auditorium seats about 165 people. Usually if we have an overflow crowd, we make sure everyone has an opportunity to speak. This meeting and location has been announced. If we have too many people present for the hearing, we may have to schedule a second date.

Chairman Hawkins stated that he had received a request from Partners for Economic Progress, wanting to have a joint meeting with the Board of Commissioners to update them on Advantage West, Carolina West, and of course our old Committee of 100. Following some discussion the Board agreed to offer a couple of dates to them for such a joint meeting:

May 27 at 5:00 p.m.

May 28 at 5:00 p.m.

Some Commissioners asked to see the agenda for this meeting prior to the date.

Public Hearing - Weapons Firing Ordinance

Mr. Nicholson was asked to try to locate a large meeting place and bring possible dates back to the Board at the May 21 meeting.

Budget Workshops

The Board of Commissioners will receive the FY 2003-2004 Budget at the May 21 Board Meeting. Following some discussion the following budget workshops were set:

Friday, May 23 at 1:00 p.m.

Wednesday, May 28 at 6:00 p.m.

CLOSED SESSION

Chairman Hawkins 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)(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 officer 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.

There being no further business to come before the Board, Commissioner Messer made the motion to adjourn the meeting at 9:47 p.m. All voted in favor and the motion carried.

Attest:

Elizabeth W. Corn, Clerk to the Board Grady Hawkins, Chairman