MINUTES
STATE OF NORTH
CAROLINA BOARD OF COMMISSIONERS
COUNTY OF HENDERSON OCTOBER 6, 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,
Paralegal Connie Rayfield, Assessor Stan Duncan, Public Information Officer
Chris S. Coulson, Finance Director J. Carey McLelland, County Engineer Gary
Tweed and Assistant County Attorney Russell Burrell. Deputy Clerk to the Board
Amy Brantley was 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 asked
that item “A” under staff reports be deleted – “Mills River Incorporation”.
Interim Mayor Snyder stated that the Town of Mills River wished to do some
additional revisions and will bring that back at a later date. Chairman Hawkins asked that it be added to
the mid-month meeting.
Chairman Hawkins asked
to add one item under “F – Update on Pending Issues” – as # 2 – Howard Gap Road
Contaminated Wells.
Chairman Hawkins made the motion to accept the agenda as
revised. All voted in favor and the
motion carried.
CONSENT AGENDA
Chairman Hawkins made the motion to accept 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:
September 2, 2003, regular meeting
September 16, 2003, special called meeting
September 17, 2003, regular meeting
Tax Collector’s Report
Terry F. Lyda, Henderson
County Tax Collector, had provided the Tax Collector’s Report dated October 2
for the Board’s information.
Order Establishing Operating Hours for Henderson County
Register of Deeds Office
Nedra W. Moles, Register
of Deeds of Henderson County, requested a change in the hours of operation of
the office of the Register of Deeds, from the current 8:30 a.m. to 5 p.m., to
9:00 a.m. to 5:00 p.m. This change
would not change the working hours of the Register of Deeds or her employees
but would change the hours the office is open to the public.
Ms. Moles noted that the
volume of work has greatly increased, such that she and her employees need
undisturbed work time in which to complete their required tasks, and the
requested step would provide the undisturbed time and allow a greater total
volume of work to be completed without increasing the level of staff.
N.C.G.S. 161-8 states
that “the Board of county commissioners may fix by order, to be entered on their
records, what days of each week, and at what hours of each day, the register of
deeds shall attend at his office in person or by deputy, and he shall give his
attendance accordingly.”
Mr. Nicholson
recommended approval of the request.
Register of Deeds – Request to use Restricted Funds for
Automation Enhancements/Technology Upgrades
The Register of Deeds
requested approval to use the Register of Deeds Restricted General Fund Balance
for Automation Enhancements to purchase a computer server for $6,821 that will
be used solely by the Register of Deeds Office. This technology purchase is in addition to the $76,059 hardware
upgrade and new imaging system approved by the Board in July 2003 using these
restricted funds.
The General Assembly
enacted legislation that required counties to place 10 percent of certain
revenues generated by the Register of Deeds Office into a fund to pay for
future information technology upgrades and automation enhancements beginning in
January 2002. This fund, which is a
portion of the County’s Restricted General Fund Balance has in excess of
$53,000 currently. Only the Board of
Commissioners may authorize the use and release of these restricted funds.
Staff provided a
prepared budget amendment for the request.
The Register of Deeds
Office, working closely with the Information Technology Department, is
continuing the process of implementing new technology in their department. Mr. Nicholson informed the Board it would be
appropriate for the Board to consider adopting the prepared budget amendment to
appropriate $6,821 from the Register of Deeds Restricted General Fund Balance
for this technology purchase.
Financial Report – August 2003
Cash Balance Report – August 2003
These reports were
presented for information and consent approval.
Non-departmental expense
includes annually property/liability and worker’s compensation insurance
premiums paid to the NCACC Risk Management Pools. This expense will be allocated out to all departments prior to
fiscal year end.
The Revaluation Reserve
Fund is reporting a temporary year-to-date deficit primarily due to $13,000 in
travel, professional service and vehicle lease expense incurred in the first
month of the new fiscal year.
The deficit reported in
the CDBG-Scattered Site Housing is temporary due to a timing difference 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 be
recouped from financing proceeds for the project.
Henderson County Public Schools Financial Report – August
2003
This report was
presented for information only.
Board of Elections’ Request
The Henderson County Board
of Elections requested that the Board of Commissioners increase the salary
grade of their Director from Grade 73 to Grade 76. According to State law, the
Election Board must submit their request to the Commissioners. A copy of their
request was presented as well as two salary studies.
Request for Improvement Guarantee for Ridge Field
Subdivision
B. Gregg Arvey submitted
an application for a subdivision improvement guarantee for a proposed minor
subdivision he is developing known as Ridge Field. Ridge Field will be located off Ridge Road and will contain nine
residential lots and one well lot. The
Subdivision Administrator granted conditional approval of the Preliminary Plan
for the development on October 1, 2003.
The improvement guarantee is proposed to cover the grading and
construction of gravel roads and the installation of public water lines and
drainage improvements within Ridge Field.
Pursuant to Section
170-38 of the Henderson County Code, a developer may, in lieu of completing all
of the required improvements prior to Final Plat approval, post a performance
guarantee to secure the County’s interest in seeing that satisfactory
construction of incomplete improvements occurs. One type of permitted guarantee is a surety performance
bond. The developer intends to post
with the County a performance bond in the amount of $41,093.75 that includes
the cost of the remaining improvements ($32,875.00) as well as the required 25%
contingency ($8,218.75). The proposed
completion date for the improvements is October 1, 2004.
A draft Performance
Guarantee Agreement was presented for the Board’s review and
consideration. If the application is
approved, the developer must submit a performance bond in accordance with the
terms of the Agreement. Once the County
receives a bond in the proper form, the (Assistant) County Attorney must
certify the Agreement as to form prior to its execution by the Chairman and the
developer.
Mr. Nicholson
recommended approval of the application for an improvement guarantee for Ridge
Field Subdivision subject to the developer submitting a surety performance bond
with the County in accordance with the terms of the draft Performance Guarantee
Agreement.
Request for Improvement Guarantee for Peaceful View Estates
Jeffrey L. Harvey has
submitted an application for an improvement guarantee for a proposed
subdivision he is developing known as Peaceful View Estates. Peaceful View Estates will be located off Stepp
Mill Road and will contain 15 lots. The
Planning Board granted conditional approval of the combined Master Plan and
Development Plan for the project on July 15, 2003. The improvement guarantee is proposed to cover remaining road
improvements consisting of the installation of asphalt paving on all roads and
culs-de-sac in the development.
Pursuant to Section
170-38 of the Henderson County Code, a developer may, in lieu of completing all
of the required improvements prior to Final Plat approval, post a performance
guarantee to secure the County’s interest in seeing that satisfactory
construction of incomplete improvements occurs. One type of permitted guarantee is the deposit of cash or
certified funds. The developer intends
to deposit with the County such funds in the amount of $25,000.00, which
includes the cost of the remaining contingency ($5,000.00). The proposed completion date for the
improvements is December 31, 2003.
A draft Performance
Guarantee Agreement was presented for the Board’s review and
consideration. If the application is
approved, the developer must deposit with Henderson County cash or certified
funds in accordance with the terms of the Agreement. Once such funds are received by the County, the (Assistant)
County Attorney must certify the Agreement as to form prior to its execution by
the Chairman and the developer.
Mr. Nicholson
recommended the Board approve the application for an improvement guarantee for
Peaceful View Estates subdivision, subject to the developer depositing cash or
certified funds with the County in accordance with the terms of the draft
Performance Guarantee Agreement.
Update on County Comprehensive Plan and Other Major Planning
Initiatives
Staff had provided an
issue update which summarized the tasks related to the CCP and the other major
planning initiatives that occurred over the past month. The update also included anticipated actions
for the coming month. No action was necessary.
Proclamation – 2003 Toy Run
The Board had approved
similar proclamations in the past applauding those who participate in this
charitable event. They were requested to proclaim Saturday, November 22 as
Henderson County Benefit Toy Run Parade Day.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear for nominations on the next
agenda:
1. Nursing/Adult
Care Home Community Advisory Committee – 2 vac.
Nominations
Chairman Hawkins
reminded the Board of the following vacancies and opened the floor to
nominations:
1. Community
Child Protection Team – 6 vac.
Chairman Hawkins stated
that four individuals have indicated a willingness to serve another term and he
placed those four names in nomination: Mary Murray, Savie Underhill, Margo
Nagel, and Betty Roark. There were no additional nominations at this time. Chairman
Hawkins made the motion to accept the four nominees by acclamation. All voted in favor and the motion carried.
2. Downtown
Hendersonville, Inc. – 2 vac.
Chairman Hawkins
nominated Larry Winson to serve another term.
There were no other nominations at this time. Chairman Hawkins made the
motion to accept Mr. Winson by acclamation.
All voted in favor and the motion carried.
3. Juvenile Crime
Prevention Council – 4 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
4. 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.
5. Senior
Volunteer Services Advisory Council – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
6. SmartStart – 1
vac.
There were no
nominations at this time so this item was rolled to the next meeting.
Transportation Advisory Committee Charter
With the incorporation
of the Town of Mills River, the Charter for the TAC needed to be updated. Mr. Nicholson had presented a draft of a
revised Charter for the Board’s consideration.
The new Charter provides suggested membership for five municipalities
instead of four.
The Board of
Commissioners had recently appointed Jack Summey as a member of the TAC. He
lives in the Town of Mills River and the Town of Mills River wishes Mr. Summey
to serve as their representative.
Mr. Nicholson requested
that the Board take the following action:
1.
Approve
the prepared revised Charter
2.
Confirm
the appointment of Jack Summey as the Town of Mills River’s
representative.
Following discussion, Chairman Hawkins made the motion to approve
the revised Charter as presented and
confirmation of Jack Summey as a representative for the Town of Mills
River. All voted in favor and the
motion carried.
MILLS RIVER INCORPORATION – this item had been
pulled from the agenda, to be placed on the mid-month agenda.
COUNTY COMPLEX PROPOSAL
Chairman Hawkins had
requested that staff determine the feasibility of utilizing the CAT Building
site for a County Complex that would include the Commissioners’ Office,
Administration and the departments that would be housed in the new Land
Development Building. This Complex
would be similar to the proposal that the Board considered in 2000 for the
site. The 2000 plan would have required
a large addition to the existing facility.
The Board just received
a feasibility study presented by Calloway, Johnson, Moore and West at the last
meeting which only included DSS and Public Health on that site. There were several options for expansion of
the 80,000 square foot facility being considered.
Mr. Nicholson had
prepared the Request for Qualifications for a County Complex Building and
distributed that for the Board’s
review. He also distributed a
revised Estimated Costs sheet dated October 6.
Quick adjustments considered the people who could be accommodated in a
120,000 square foot building. This
would enable the county to place buildings on the market for sale: the current Health Department at Brooklyn
Ave. and Spartanburg Hwy., the current Land Development Building on Allen
Street and the Nuckolls Building at Main and Second Ave. We could give up two leased buildings: the McAllister Building at King Street and
Second Avenue that houses part of the Sheriff’s Department and the current
Board of Elections Building on Grove Street.
After selling these buildings, the preliminary budget shows that we
would be roughly $221,533 short on the debt service necessary to accomplish
this task.
Chairman Hawkins felt
that now would be a good time to move in this direction and take care of this
priority need.
Mr. Nicholson reminded
the Board that the 2000 Harley-Ellis Study included growth space for ten
years. We already have the programming
done for DSS and the Public Health Department but would have to work on the
programming for Administration, Governing Body, Land Development, and the Board
of Elections.
David Nicholson spoke
briefly about the Request for Qualifications for choosing the Architectural
Firm. The Firm must be chosen, based entirely on qualifications, not
costs.
Following much
discussion Commissioner Young made the motion
to authorize the County Manager to proceed with this proposal. A vote was taken and the motion passed four
to one with Commissioner Moyer voting nay.
Questions were raised
about a timeline for the project. Mr.
Nicholson stated that the time indicated was 22 months to complete the project.
TAX APPEAL POLICY
Stan Duncan, County
Assessor, proposed a new policy and Resolutions that deal with the handling of
appeals of property listing and valuation to the North Carolina Property Tax
Commission (“PTC”). He stated that when he came on board he noticed a lack of
procedures and protocols and plans to bring some others to the Board in the
near future.
He stated that the
appeal policy was crafted with an eye toward being fair and open with the
appellant/property owner, while still protecting the County’s position should
the appeal require PTC or judicial resolution.
It requires a meeting to review the dispute with the appellant/property
owner, and an in-depth review of the property verifying the County’s position
with regard to listing or valuation.
The policy also includes a second meeting, made in an attempt to settle
the matter short of PTC resolution.
Finally, in appeals with large discrepancies between the assessed value
and the value contended by the appellant/property owner, the facts of the case
will be brought to the attention of the Board of Commissioners. Staff believes
that the overwhelming majority of all valuation appeals will be determined
locally as a result of this policy.
The County Manager
recommended that the Board approve the Resolution and attached Policy as
presented.
Chairman Hawkins made the motion to approve the Resolution
and attachment as presented. All voted in favor and the motion carried.
INFORMAL PUBLIC COMMENTS
1. Edward Johnson – Mr. Johnson moved to
a subdivision in Henderson County in 1998.
The subdivision had an association and by-laws. He asked why there was no accountability by
the State or County for the Association.
He spoke about the amount of monies collected with no accountability of
where the monies have been spent or where monies are currently, stating there
should be a sum of money in the association for road repairs but there is
not. He stated that the by-laws are not
enforced. Some members pay more than others. He stated that if he were to not
pay his association fees this year, they could come to the county and place a
lien on his property for $10.00. He referenced the N.C. Planned Community
Act.
Angela Beeker stated that
the county does not regulate what must be in subdivision covenants or
by-laws, that is a private matter. She didn’t think that the Planned Community
Act placed any burden on the county to regulate this but stated she would check
that out to see if the county has any responsibility in that area.
2. Christy Spangler – Ms. Spangler is a
child services coordinator at the Healing Place. She case manages all of Henderson County’s child sexual abuse and
felony child abuse cases. She addressed the Board as a child advocate. She
requested funding for CMEs (Child Medical Evaluations) and CFEs (Child Forensic
Evaluations). They routinely have 3 – 9 cases per year that are non DSS cases
and therefore are not covered by insurance or medicare. She requested the Board establish funding
for 3 – 5 cases a year and touched briefly on the fees for these exams. She stated that the county had funded some
of these evaluations in the past. She
volunteered to assist in updating the old information.
Mr. Nicholson informed
Ms. Spangler and the Board that there is a line item in the budget for these
cases but no one has requested any of the funding for several years. It was a Board adopted policy to fund these.
He told Ms. Spangler to get with our Finance Director to learn how to request
funding for these cases.
UNINSURED CLAIMS POLICY
Angela Beeker, on behalf
of the legal department, requested that the Board adopt a prepared resolution
regarding uninsured claims.
Occasionally employees
of the County are sued as a result of their acting within the scope of their
employment. If the claim falls under
the County’s liability policy through the North Carolina Association of County
Commissioner’s Liability Pool, this is not a problem, as the Pool generally
insures this, and covers (with the exception of a deductible) the cost of
defending the claim (primarily attorneys fees). Very rarely, it occurs that employees are sued for acts which,
while still arising within the scope of their employment, are not covered by
the County’s liability policy. The
primary example would be claims which arose prior to the July 1, 1986 effective
date of the County’s coverage by the Pool.
The prepared resolution
provides that the County would cover the cost of defending employees against
claims which would otherwise be covered by the terms of the County’s liability
policy but for the date upon which the claim arose. The Resolution also expressly states that such claims must arise
from actions within the scope of the employee’s employment, and must not be for
intentionally or willfully tortuous acts.
It also provides that the County would indemnify its employees against
all such awards (whether by court action or by settlement) arising from such
claims, so long as the County controls the litigation to the same extent that
the Liability Pool would if the Pool provided coverage.
The County is not liable
in North Carolina courts for uninsured claims, under the doctrine of sovereign
immunity. However, this doctrine does
not cover the County’s employees from liability for allegedly negligent
acts. It is the intent of this
Resolution to restate what has been prior policy in these matters. The County Attorney’s research into this
issue showed that a general policy is a better way to handle these matters than
on an ad hoc basis.
The County Manager
recommended Board approval of the Resolution.
Following much
discussion, Mr. Burrell asked for no action at this time, stating they were
just introducing the concept to the Board at this time. The Board was asked to consider this idea
and decide at a later time if they wished to adopt such a Resolution.
Ms. Beeker reminded the
Board that as they think about this to remember that it covers everyone, even
the Board of Commissioners. Staff will
also provide more information on this item.
AMENDMENT TO PERSONNEL RESOLUTION
Mr. Nicholson informed
the Board that he was recently contacted by a department head requesting that
he authorize an employee, who was about to go on sick leave, to also be paid
for annual leave at the same time. He informed the department head that there
was no authorization within the Personnel Resolution that would allow him to
approve the request. Evidently, the
department head contacted Commissioner Messer.
Commissioner Messer asked David to draft a change in the Personnel
Resolution to allow an employee to request to be paid for Annual Leave while on
sick leave.
Due to confidentiality
issues and HIPAA regulations, no specifics were discussed on this employee’s
request. However, basically our
employee will be having surgery and has significant balances in their leave
bank to cover their salary while on leave that qualifies as an occurrence
within the Family and Medical Leave Act (FMLA). However, the employee’s spouse will also miss work and the
employee wishes to cash out some of his/her Annual Leave to cover the spouse’s
lost wages.
Mr. Nicholson had
prepared a draft amendment to the Personnel Resolution that would allow for
this change.
Mr. Nicholson stated that
there are many pros and cons to this request.
Annual leave is a right under the law and is booked annually as a
liability and must be “paid out” if an employee leaves the County. In some departments when an employee takes
annual leave, we must pay another staff person overtime to cover their shift,
so why not allow an employee to cash in their leave. However, how can we budget for this request? A change in policy
covers all departments no matter what size their budget. A larger department may have the resources
to cover this extra salary, while others may not.
Mr. Nicholson stated he
could understand and appreciate this employee’s request; however, he cannot
support this change. He stated he could
argue both sides of this issue.
Much discussion
followed. It was the consensus of the Board to approve this revision but to
include in the revision that the employee must qualify under the Family Medical
Leave Act (FMLA). It was the consensus
of the Board to approve this through this fiscal year and get a report from the
County Manager during budget time as to how it is affecting the budget. The Board approved the idea but Ms. Beeker
will work with Ms. Prichard to draft the revision. This will be placed back on the agenda, under consent, for the
next meeting.
UPDATE ON PENDING ISSUES
LGCCA Update
Chairman Hawkins
reminded the Board that he and Commissioner Moyer had been working with the
LGCCA group to get a final proposal for the Water and Sewer Advisory
Council. A copy of the draft had been
submitted for the Board’s review.
Following some discussion, Commissioner Young made the motion that the Board
approve the document and authorize the Chairman to take it back to the
LGCCA. All voted in favor and the
motion carried.
Contaminated Wells – Brookside Camp and Howard Gap
neighborhood.
Chairman Hawkins
mentioned the contaminated wells/water in this neighborhood and the need those
families have for some relief. A county
is limited in running city water to neighborhoods, that is a function of the City
of Hendersonville. Chris Carter, City
Manager, stated that the City is willing to help out and furnish the water. The
City of Hendersonville is concerned about the funding and had suggested that
the State of North Carolina help fund this with their UST funds. The Board
supported the idea for the Chairman to draft a letter to Representative Justus
to request some State funding from the UST fund (emergency fund) for this.
Chairman Hawkins stated that the citizens in that part of the county are in
need of water just as much as the folks who recently got hit by Hurricane
Isabel.
Break
Chairman Hawkins called
a 5 minute technical recess.
IMPORTANT DATES
Chairman Hawkins made the motion to set Nov. 3 at 7:00 p.m.
for a public hearing on the Mission/St. Joseph’s request for an ambulance
franchise. All voted in favor and the
motion carried.
Chairman Hawkins stated
that Monday, October 27 would be the Joint School Facilities Meeting at 1:00
p.m. in the Commissioner’s Meeting Room.
John Boyd had called this
morning with an invitation for the Commissioners to attend the Leadership
Henderson Luncheon this Thursday at the Elk’s Club to meet and greet the class
members and have lunch with them. Three
of the Commissioners indicated they would attend: Chairman Hawkins, Commissioner Moyer, and Commissioner Baldwin.
There was discussion of
dates for the Fall Retreat/Strategic Planning.
Selena Coffey proposed that the Board have a pre-retreat on Monday,
November 3 at 5:30 p.m. as part of the regular agenda. This would be a kick-off for the
retreat. She proposed that the Board
have their retreat two consecutive Fridays in November – November 7 and
November 14, both days from 8:30 a.m. to 4:30 p.m. The location had not been finalized at this time. Steve Allen will be the facilitator for the
retreat. Prior to the Pre-Retreat
meeting on November 3, the facilitator will meet with the County Manager and
his Management Team to gather background information regarding County services,
policies, etc.
Chairman Hawkins
reminded the Board of the Annual Volunteer Appreciation Banquet for tomorrow
evening at The Chariot to honor our volunteers on our numerous Boards and
Committees.
CANE CREEK WATER & SEWER DISTRICT
Chairman Hawkins made the motion for the Board to adjourn as
the Board of Commissioners and convene as the Cane Creek Water & Sewer
District Board. All voted in favor and
the motion carried.
Chairman Hawkins made the motion for the Board to adjourn as
Cane Creek Water & Sewer District and reconvene as Henderson County Board
of Commissioners. All voted in favor
and the motion carried.
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)(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 or the following
lawsuit:
Edward Audia Gilliam, By and Through His Guardian Ad Litem,
Leah Broker, v.
Henderson
County Hospital Corporation d/b/a Margaret R. Pardee Memorial
Hospital,
Donald A. Thomas, M.D., Hendersonville Pediatrics, P.A., Herbert E.
Dennison,
M.D., John M. Ross, M.D., Hendersonville OB-GYN Associates, P.A.,
Henderson
County, Henderson County Emergency Medical Service, a Division of
Henderson
County, Carl Bradburn, individually and in his official capacity with
Henderson
County and/or Henderson County Emergency Medical Service and
James
Beddingfield, individually and in his official capacity with Henderson
County
and/or Henderson County Emergency Medical Service
File#
02-CVS-1184
2.(a)(4) To discuss matters relating to
the location or expansion of industries or other businesses in the area served
by the public body.
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 8:50 p.m.
All voted in favor and the motion carried.
Attest:
Elizabeth W. Corn, Clerk to the Board Grady Hawkins, Chairman