MINUTES

MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON JUNE 18, 2003

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.

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: Finance Director J. Carey McLelland, Planning Director Karen C. Smith, Budget and Management Director Selena Coffey, Fire Marshal/Emergency Management Coordinator Rocky Hyder, Public Information Officer Chris S. Coulson, and Deputy Clerk to the Board Amy Brantley (present through Nominations).

CALL TO ORDER/WELCOME

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

PLEDGE OF ALLEGIANCE

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

INVOCATION

David Nicholson gave the invocation.

DISCUSSION/ADJUSTMENT OF AGENDA

Chairman Hawkins stated that there was no longer a need to discuss industry relocation in closed session so he deleted item # 1 from the closed session.

Chairman Hawkins stated that if the timing is such that the Board has not had informal public comments prior to Staff Report AB@ which is discussion of the FY 2003-2004 budget, to take some public comment prior to hearing the discussions from the Board on the budget.

There were no other adjustments to the agenda. Chairman Hawkins made the motion to approve the agenda as adjusted. All voted in favor and the motion carried.

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 consisted of the following:

Minutes

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

May 14, 2003, special called meeting

June 2, 2003, regular meeting

June 3, 2003, special called meeting

June 6, 2003, special called meeting

Tax Collector=s Report

Terry F. Lyda, Henderson County Tax Collector, had presented the Tax Collector=s Report for the Board=s consent approval, dated June 11, 2003.

Deputy Tax Collector=s Report

Darlene B. Burgess, Deputy Tax Collector, had presented the Deputy Tax Collector=s Report for the Board=s consent approval, dated June 11, 2003.

Tax Refunds

A list of 12 tax refund requests was presented for the Board=s approval.

Tax Releases

A list of 60 tax release requests was presented for the Board=s approval.

Home and Community Care Block Grant

The Executive Committee of the Planning for Older Adults Committee recommended that the County use the Fiscal Year 2003-2004 Home and Community Care Block Grant in the same manner as the current fiscal year. These amounts have been included in the proposed budget:

Housing Assistance Corporation Housing and Home Improvement $ 8,250.00

WCCA Medical Transportation 22,845.00

General Transportation 121,975.00

Pardee In-Home Aide 82,675.00

VHP In-Home Aide 90,011.00

Pardee Pavilion Adult Day Care 20,626.00

Adult Day Health Care 5,157.00

Council on Aging Senior Center Operations 24,050.00

Land-of-Sky Senior Companion 3,233.00

Council on Aging Congregate meals 28,832.00

Home Delivered meals 196,874.00

WCCA Liquid Supplement 9,000.00

Pisgah Legal Services Legal Service 8,308.00

$621,836.00

Waterline & Sewerline Extension(s)

The City of Hendersonville requested any County comments on proposed waterline/sewerline extension(s). This is a project to extend existing sewer lines to provide sewer service to Park Ridge Hospital EMS at Appleland Business Park. The project requires approx. 1,030 linear feet of sewer lines sized as follows:

8" D.I.P./CL350 = 1,030 ft.

The intended use of the property is commercial. The amount of wastewater generated by this project will be approximately 1,280 gallons per day. The entire cost of the proposed water line extension is to be paid for by the owner/developer, Fletcher Hospital Inc. of Fletcher, North Carolina.

Based on the above information, the Water and Sewer Department can support the additional connections and recommends approval of the project contingent upon approval of the final plans and specifications from the Water and Sewer Department.

The second project is to extend existing water lines to provide water service to Park Ridge Hospital EMS at Appleland Business Park. The project requires approximately 310 linear feet of water lines sized as follows: 6" DIP-CL350 = 350 ft.

Water pressure and flow in this area are as follows:

Static Pressure = 85 psi.

Residual = 50 psi.

Flow = 1,000 GPM

The intended use of this property is commercial. Fire protection will be provided by the installation of one fire hydrant. The entire cost of the proposed water line extension is to be paid for by the owner/developer, Fletcher Hospital, Inc. of Fletcher, North Carolina.

Request for Extension of Improvement Guarantee for Macedonia Lake Subdivision

On November 4, 2002, the Board of Commissioners approved an application submitted by Tom McHugh, agent for developer Joe D. Spearman, for an improvement guarantee for Macedonia Lake Subdivision. As required by the Performance Guarantee Agreement for the improvement guarantee, the developer posted with Henderson County an irrevocable letter of credit in the amount of $77,321.00 to cover the cost of completing road improvements in the subdivision. The Agreement also required that the required improvements be completed by June 30, 2003. The expiration date on the original letter of credit is September 1, 2003.

The Planning Department had received a letter from Mr. McHugh requesting that the County extend the deadline for completing the improvements specified in the original Agreement from June 30, 2003 to August 31, 2003. Mr. McHugh=s letter states that the delay has been caused by adverse weather conditions. Section 170-39 of the Subdivision Ordinance allows the Board of Commissioners Aupon proof of difficulty@ to grant extensions to completion dates for improvement guarantees for a maximum of one additional year, provided that the time between initiation and completion of the required improvements does not exceed two years.

If the Board of Commissioners agrees to extend the completion date for the improvement guarantee for Macedonia Lake, staff had presented a draft Performance Guarantee Agreement for the Board=s consideration which reflects the new completion date of August 31, 2003, and requires that an amended letter of credit be submitted which has an expiration date not earlier than 60 days after such new improvements completion date. The new Performance Guarantee Agreement must be executed by the relevant parties if the Board approves the extension request.

Mr. Nicholson informed the Board that the extension, if granted, would not cause the developer to exceed the two-year maximum time period for completion of the required improvements. Therefore, he recommended that the Board approve the request to extend the completion date for the improvement guarantee for Macedonia Lake Subdivision to August 31, 2003, provided that an amended letter of credit be submitted in accordance with the new Performance Guarantee Agreement.

NOMINATIONS

Nominations

Chairman Hawkins reminded the Board of the following vacancies and opened the floor to nominations:

1. Blue Ridge Community College Board of Trustees - 2 vac.

There were five nominees for these two positions: Dr. Dowdeswell, Russell Burrell, Dr. Richard Todd, Tom Orr, and Ted Carland. Ms. Corn polled the Board and each nominee received two votes.

Our rules of procedure, as reviewed by our County Attorney, are to roll a tie vote to the next first of the month meeting if all members are present. Commissioners Moyer and Baldwin will be absent so the tie vote will be rolled to the first meeting in August, August 4.

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

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

3. Environmental Advisory Committee - 9 vac.

Eleven nominations were made at the last meeting: Katie Breckheimer, Marilyn Westphal, Bill Hiatt, Dennis Honnold, Jay Rogers, Larison Lambert, Arthur Hudson, Hall Waddell, William Harper, James Barnette, and Tony Campano. Commissioner Young nominated Ruth Burge at this time.

There were twelve nominees for nine positions. It was the Board=s consensus to appoint the current members to the two year terms. There needs to be 5 3-year terms and 4 2-year terms.

Ms. Corn polled the Board and the appointees were as follows:

Katie Breckheimer

Bill Hiatt

Dennis Honnold

Jay Rogers

Arthur Hudson

Hall Waddell

William Harper

Tony Campano

Ruth Birge

Commissioner Moyer made the motion to appoint Katie Breckheimer, Hall Waddell, William Harper, and Arthur Hudson to the four year terms. The others will be three year terms. All voted in favor and the motion carried.

Chairman Hawkins stated that Art Cooley, Fielding Lucas, and Barbara Neal have served on the Committee the full term limit and he thanked them for their services on behalf of the Board of Commissioners.

4. Henderson County Board of Health - 2 vac.

Commissioner Messer nominated David Jones. Commissioner Young nominated Greta Baker. Both of these nominees were for position # 10. There were no other nominations.

Ms. Corn polled the Board and Greta Baker received three of the five votes. The appointee was Greta Baker.

5. Juvenile Crime Prevention Council - 19 vac.

Nominated at the June 2^nd meeting were: Athena Brooks, Karen Couch, Kevin Lauritsen, Maria White, Jim Gaillard, Margo Nagel, Rodney Wesson, Shannon Baldwin, David Nicholson, Ben McKay, and Robbie Goolsby. There were no other nominees at this time.

Chairman Hawkins made the motion to appoint these eleven nominees by acclamation. All voted in favor and the motion carried. There are eight vacancies remaining.

6. Library Board of Trustees - 2 vac.

At the last meeting Stan Shelley, Candler Willis, and Madeline Daubert were nominated. Commissioner Moyer had been unable to contact Ms. Daubert to confirm her desire to serve on this Board so he withdrew her nomination.

Chairman Hawkins made the motion to appoint Stan Shelley and Candler Willis by acclamation. All voted in favor and the motion carried.

7. Mountain Area Workforce Development Board - 1 vac.

Chairman Hawkins nominated Mike Williams. He made the motion to appoint Mike Williams by acclamation. All voted in favor and the motion carried.

8. Nursing/Adult Care Home Community Advisory Committee - 8 vac.

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

9. Senior Volunteer Services Advisory Council - 1 vac.

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

10. SmartStart - 1 vac.

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

11. Zoning Board of Adjustment, Laurel Park - 1 vac.

Chairman Hawkins nominated Art Harrington. There were no other nominations. Chairman Hawkins made the motion to appoint Mr. Harrington by acclamation. All voted in favor and the motion carried.

Fire and Rescue Advisory Committee

During a recent budget workshop, the Board of Commissioners discussed the role of this committee in reviewing the role and budget of the Henderson County Rescue Squad. The Board requested to see the by-laws of the committee.

The question that Commissioner Moyer had was AIs the Rescue Squad participating through this process?@

Rocky Hyder came forward and stated that the Rescue Squad is represented by the Henderson County Fire and Rescue Association. They do participate in the process of electing the members for this Board. Rocky explained that until this year they have had an officer on the Fire and Rescue Association Board.

ANIMAL CONTROL ORDINANCE

Presented for the Board were the same versions of the Animal Control Ordinance which were presented at the last meeting:

a clean copy (without strikethroughs and add-ins showing) of the basic Animal Control Ordinance

with technical corrections as made by the Legal Department (white pages),

the basic Animal Control Ordinance with strikethroughs and add-ins indicated (green pages),and

the draft Ordinance including amendments # 2, # 3, # 7, and # 9 as previously requested by the Board (blue sheets).

Dr. Chapman, Board of Public Health Chairman, stated that the Board of Health was delighted with the guidance the Board of Commissioners provided at the last meeting he attended. At that meeting the Commissioners expressed strong interest in the following programs: a new shelter, a stronger ordinance concerning nuisance, licensure which addresses spaying/neutering, a restraint ordinance, and limitations of the number of pets, especially in high density neighborhoods.

Dr. Chapman came to the meeting with an implementation plan of the animal control program and ordinance. The Program cannot be done overnight. Dr. Chapman provided a time-table for the Board to guide them through the vision that the Board of Health has. He emphasized that these are major changes in the Program.

June 18, 2003 Commissioners approve the general plan for updating Animal Services in Henderson

County.

Commissioners approve the Animal Services Budget.

Commissioners approve the contract with Shelter Planners of America.

Health Department begins search for additional Staff.

Health Department begins work to make addition to Animal Control trailer.

Health Department begins work on other items approved in the budget (such as ordering radios, etc.)

July 3, 2003 Three-day review by Shelter Planners of America (We will ask for some immediate input -

especially concerning our Basic Ordinance).

Aug. 1, 2003 Adopt our Basic Ordinance plus amendment # 2 and #9.

Sept. 1, 2003 Receive final report from the Shelter Planners of America.

Oct. 1, 2003 Have the final shelter design and type of construction approved by the Commissioners.

Dec. 1, 2003 Commissioners to accept bid on shelter and begin construction.

Feb. 1, 2004 Implement Basic Ordinance (six months after it was adopted) and 24/7 injured animal coverage.

July 1, 2004 Move into new Animal Services Center and adopt amendments on licensure, exotic animals, pick-up of animals, notification of injury to domestic animal, and security dogs.

Jan. 1, 2005 Implementation of amendments concerning licensure, exotic pets, pick-up of pets, notification of injury, and security dogs.

July 1, 2005 Adoption of amendments concerning animal restraint and microchipping.

Jan. 1, 2006 Implementation of amendments concerning animal restraint and microchipping.

Dr. Chapman reviewed the above timetable and answered questions from the Board. He then briefly touched on the following items: citations, municipalities, extended hours, registration, Camellion Software, building addition, microchipping, A/C Supervisor II, new Animal Control Officer, new Kennel Attendant, additional Secretary, radios, new shelter.

Dr. Chapman asked the Board APlease provide approval for our plan or provide specific direction for the changes that you desire. We would like to move forward. Please consider hiring the Shelter Planners of America or an equivalent company to provide their expertise for the development of the shelter and final evaluation of what we have planned. We feel that this will help prevent mistakes in the future. Please develop some flexibility in the ordinance implementation so that we have what we need before we are expected to provide that service and that we are providing the existing services at an appropriate level before new services are added.@

Commissioner Moyer felt that the Board needed to adopt this plan. It can be added to or revised later.

Following discussion, Commissioner Moyer made the motion to approve the timeline and the concept of the plan suggested by the Board of Health. This is a fluid plan and changes can be made. All voted in favor and the motion carried.

Commissioner Moyer made the motion to authorize the County Manager and the County Attorney to go to Shelter Planners of America with specific language to cover what we want:

staffing/personnel

proposed ordinance

facilities

equipment

dollars

All voted in favor and the motion carried.

INFORMAL PUBLIC COMMENTS

1.Dick Baird - Mr. Baird presented his version of the Henderson County Budget for FY 2003-2004. He discussed his recommendations on things to cut out of the proposed budget and things to re-think or do Ahis way@. The handout of his comments was 5.5 typed pages. His proposal was a 45 cent tax rate and a total budget of $78,018,528.

Recess

Chairman Hawkins called a brief technical break.

FISCAL YEAR 2003-2004 BUDGET

Staff had drafted a Budget Ordinance for the Board=s consideration in adopting the FY 2003-2004 Budget.

Chairman Hawkins asked Mr. Nicholson to review his memo ABudget Issues - 8@. A big issue in the memo was Mills River Incorporation. The Incorporation process seems to be on a fast track and it may take place before the anticipated January 1, 2004 date. The House Bill has now been approved and it says that it is effective upon passage. In figuring the budget Mr. Nicholson used an incorporation date of January 1, 2004 for the purposes of distribution of the Sales Tax. He discussed several options with the Board of how to deal with the possible loss of $544,000:

1. Reduce Expenditures - several items that the Board had considered as enhancements to the budget could be eliminated or reduced.

2. Increase Revenues - the Board could consider an additional 0.5 cent on the Property Tax. This would bring in $424,549 and leave us short $119,451. The shortage could come from one of the following:

1) Fund Balance - The Board could appropriate the amount needed to cover the loss due to Mills River. However, this would place non-recurring revenue within the budget that will have to be made up in next year=s budget.

2) Watch and See - Another alternative would be to adopt the budget and continue to monitor our financial position throughout the year.

Mr. Nicholson=s recommendation was the same as in his original budget submission: we should increase the tax rate to cover the loss of Mills River. It is not fair to the County=s Departments, School System or the College to not receive funds due to this incorporation. He suggested that the Board increase the tax rate by an additional 0.5 cent, utilize the $108,638 in Contingencies and take the $10,813 from Fund Balance.

He also updated the Board about Fire Dispatchers stating we are continuing to discuss the proposal about raising the Fire District Taxes by 2 cent to fund the Fire Dispatchers positions. We are expecting that several Departments will discuss this item at their meeting this evening and the Fire Advisory Committee will hold a special called meeting on Tuesday evening.

Mr. Nicholson stated that ABudget Issues - 9@ was basically the draft budget ordinance plus a Property Tax Chart. Commissioner Moyer had requested a chart that broke out the motor vehicles from the real and personal tax levy. Mr. Nicholson included the chart in memo # 9. Based on this chart, we will reduce the motor vehicle levy by $482,106 due to the change in valuation methods. This is equivalent to over one-half cent of the property tax rate.

There was much discussion by the Board regarding the Mills River Incorporation.

Mr. Nicholson made the following recommendation to the Board:

Mills River Incorporation (sales tax) - $544,000

One-half cent property tax increase (full 6 months) + 424,549

Still Short Difference - $119,451

Animal Control Operating Costs (as requested) + 179,681

In Contingencies + 108,638

Budget Still Short Difference -$190,496

It was the consensus of the Board to increase taxes by one-half cent. There was discussion to withhold $150,000 from recreation for four tennis courts at Jackson Park. It was also the consensus to let the $40,496 ride and hope that our sales taxes make it up. There was discussion about maintenance versus expansion in the recreation budget and it was the consensus of the Board to maintain what we have in the parks before adding or expanding facilities. It was also the Board=s consensus to reapply monies back to the recreation department budget if this budget year allows.

Staff was instructed to revise the draft Budget Ordinance and bring it back to the Board following closed session.

Commissioner Moyer commented that the budget would not provide sufficient funds for the animal shelter which we clearly need. He hopes there can be a public fund-raising effort to help defer the costs for the animal shelter.

IMPORTANT DATES

The Board reviewed the Important Dates calendar. There was some information in the packet about the 2003 NACo Annual Conference to be held in Milwaukee, Wisconsin.

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)(5)(ii) To establish, or to instruct the public body=s staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract.

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 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.

Chairman Hawkins made the motion for the Board to adjourn closed session and reconvene in open session. All voted in favor and the motion carried.

OPEN SESSION

Mr. Nicholson reviewed the revised Budget Ordinance and reviewed the changes with the Board. The tax rate is 47.5 cents per $100 valuation and the FY 2003-2004 is $79,977,463.

Commissioner Young made the motion to adopt the Budget Ordinance, draft #2 as presented. All voted in favor and the motion carried.

ADJOURN

There being no further business to come before the Board, Chairman Hawkins made the motion to adjourn the meeting at 1:25 p.m. All voted in favor and the motion carried.

Attest:

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