MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON OCTOBER 15, 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: Planning Director Karen C. Smith, Budget and Management Director Selena Coffey, Paralegal Connie Rayfield, Public Information Officer Chris S. Coulson, Fire Marshal Rocky Hyder, County Engineer Gary Tweed, Finance Director J. Carey McLelland, 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

Chairman Hawkins led the Pledge of Allegiance to the American Flag.

INVOCATION

Rev. Carl Toth, Associate Pastor of Biltmore Baptist Church, gave the invocation.

DISCUSSION/ADJUSTMENT OF AGENDA

Chairman Hawkins asked to pull item “B – Mills River – Interlocal Agreement” from Staff Reports. This will be placed on a future agenda. Mr. Hawkins also asked to pull item “A – Mills River – Interlocal Agreement” under Cane Creek Water and Sewer District.

Chairman Hawkins asked that one item be placed under “Discussion Items” – Non-Profits and Contracting.

Under Closed Session he asked that the first blank be filled as follows “pursuant to NCGS 131E-97.3” and asked that the next blank statement be stricken as it is not applicable.

Chairman Hawkins made the motion to accept the adjusted agenda. 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:

Tax Refunds

A list of two tax refund requests was submitted by the County Assessor for approval by the Board.

Tax Releases

A list of 156 tax release requests was submitted by the County Assessor for approval by the Board.

Tax Collector’s Report

Terry F. Lyda, Henderson County Tax Collector, had provided the Tax Collector’s Report dated October 10 for the Board’s information.

Shared Leave Policy

In 1996, the Board of Commissioners approved a Shared Leave Policy. This Policy allows our employees to contribute annual leave and sick leave to a pool that is available for their fellow employees, who due to an illness, have exhausted their own leave balances.

The Shared Leave Committee with the assistance of the Human Resource Department had revised the Policy.
Mr. Nicholson informed the Board that this had been a successful program and he recommended that the Board approve the revised Shared Leave Policy.

Amendment to Personnel Resolution

At the Board of Commissioners’ meeting of October 6, 2003, the Board discussed amending the Personnel Resolution to allow additional payment, under certain circumstances, for annual leave while on sick leave. County Attorney Angela Beeker had recommended the revised wording.

Edneyville Fire and Rescue Lease Purchase Agreement

Edneyville Volunteer Fire & Rescue plans to purchase an Engine to help improve their response capability and insurance rating. The Edneyville Volunteer Fire Department informed the Fire and Rescue Advisory Committee of the intent to purchase a new engine to replace the current first out engine at the May 5, 2003 budget meeting. The Fire and Rescue Advisory Committee reviewed the lease/purchase agreement again at their September 29, 2003 meeting.

The Bill of Sale on the purchase of the truck was $250,000.00 including equipment. The department will pay $100,000.000 down and finance $150,000.00 for a period of five years with annual payments of $33,490.02.

A motion to accept their budget at the May 5, 2003 budget meeting was made by Joe Swain and seconded by David Johnson with unanimous approval.

A motion to accept the purchase of the Engine at the September 29, 2003 Fire and Rescue Advisory Board meeting was made by Joe Swain and seconded by Richard Barnwell with unanimous approval.

Staff had provided a draft letter to United Financial of North Carolina, Inc. for the Chairman to execute. Mr. Nicholson recommended that the Board authorize the Chairman to sign the prepared draft letter.

NOMINATIONS

Notification of Vacancies

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

1. Apple Country Greenways Commission – 1 vac.

2. Fire and Rescue Advisory Committee – 2 vac .

3. Fire Commission – 3 vac.

4. Henderson County Zoning Board of Adjustment – 2 vac.

5. Hendersonville Planning Board – 1 vac.

6. Hospital Corporation Board of Directors – 4 vac.

7. Laurel Park Zoning Board of Adjustment – 1 vac.

8. Library Board of Trustees – 1 vac.

9. Regional Water Authority of Asheville, Buncombe and Henderson – 1 vac.

10. Senior Volunteer Services Advisory Council – 1 vac.

11. Travel and Tourism Committee – 4 vac.

Nominations

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

1. Community Child Protection Team – 2 vac.

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

2. Downtown Hendersonville, Inc. – 1 vac.

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

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 – 4 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.

SET PUBLIC HEARINGS ON ECONOMIC DEVELOPMENT INCENTIVE GRANTS

At this time Mr. Nicholson informed the Board that he needed to update the Board on an issue dealing with this item very quickly and asked that the Board go into closed session for that purpose.

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 reason:

1. (a)(4) To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body.

All voted in favor and the motion carried.

The Board returned from closed session and continued the item regarding economic development incentive grants.

Bob Williford from the Chamber of Commerce addressed the Board thanking them for their support of economic development. He requested that the Board set public hearings to consider incentives for two potential projects. Both projects are local companies looking at expansions in our county. The first company is Porvair Fuel Cells Technology. This is a $4.8 million investment creating high quality jobs. The second company is Spearman Distribution and Manufacturing Facility. This would be a $1 million investment and includes job creation also. He requested that the hearings be set for the mid-November meeting.

David Nicholson stated that Porvair is a phased in project that would total $4.8 million. This would retain 12 full-time employees and create 20 additional full-time employment positions. He recommended that the Board consider, after holding a public hearing, an economic development grant for a seven year time period which would be phased in.

Mr. Nicholson stated that the Spearman project is actually two different requests. One is to construct a 21,000 square foot distribution facility with a possible expansion of an additional 20,000 square feet in one year. The initial taxable investment is $700,000 for machinery and equipment. This project would retain four employees and create four additional employment positions. Staff recommended that the Board consider, after holding a public hearing, an economic development incentive grant for a five year time period. Spearman has purchased the Asheville Packing Company and wishes to relocate that program to Henderson County. They would construct a 20,000 square foot building with an initial investment of $300,000 for machinery and equipment and create six new positions. Following holding a public hearing, staff would recommend the Board consider economic development incentive grant for a five year time period.

Mr. Nicholson informed the Board that the Legal Department had informed him that we actually could meet the November 3 date for the public hearing. He recommended the Board set the public hearings (3) for November 3 at 7:00 p.m.

Chairman Hawkins made the motion to set the three economic development incentive public hearings for November 3 at 7:00 p.m. All voted in favor and the motion carried.

MILLS RIVER – Interlocal Agreement – pulled from agenda. To be discussed at a later meeting.

UPDATE ON THE LME BOARD

Mr. Nicholson informed the Board that we have received an additional ruling on the governance issue for the Western Highlands Local Management Entity (LME). This ruling indicates that the County Managers may sit on the Board of the LME, if the Board of Commissioners appoints them. It is the goal of the County Manager’s workgroup that the LME Board begin formal meetings in November in order to be prepared for the January 1, 2004 deadline.

Mr. Nicholson requested that the Board consider its appointment to the LME Board at this time. The appointment may be either a Commissioner or he can serve, if it’s the Board’s pleasure.

One of the first tasks of the LME Board will be to appoint the remaining members of the LME Board. These members must be from certain categories such as a physician, a mental health professional, consumers or family members of consumers. The Managers workgroup is requesting that each county’s LME Board member provide three names for possible appointment. Mr. Nicholson suggested that our member be authorized to use our Board Application Form in order to solicit additional board members.

Mr. Nicholson informed the Board that he would be willing to serve on the LME Board, should the Board choose. He did remind them that the LME is a policy board and usually staff does not set policy. If a Commissioner wishes to serve, he will gladly step back and provide support to that Commissioner in this effort.

Mr. Nicholson provided an amended Resolution for Board adoption. The resolution amends the business plan adopted by the Board earlier.

Following much discussion, it was the consensus of the Board for the County Manager and Commissioner Messer to team up to serve in this capacity for a year.

Chairman Hawkins made the motion to approve the resolution which amends the local business plan as presented and appoint the County Manager for a maximum of one year to represent the Board on the LME Board and for Commissioner Messer to work with David during that time frame. All voted in favor and the motion carried.

UPDATE ON PENDING ISSUES

MPO Meeting (Metropolitan Planning Organization)

Mr. Nicholson stated that we have the final draft (as of yesterday) of the MOU (memorandum of understanding) for the French Broad River MPO. This Board of Commissioners has charged their local Transportation Advisory Committee (TAC) with looking at that and making a recommendation. It is on their agenda for next Thursday’s meeting, October 23.

Mr. Nicholson informed the Board that the MOU states there will be two Commissioners from Henderson County serving on the policy board. If there are Commissioners who wish to serve on the MPO’s policy board, they should attend the meeting next Thursday to derive more information on the issue.

Following much discussion, the Board asked for some clarification of the Statute or whatever law requirement that these be Commissioner appointees and whether having a proxy is in compliance with the same law.

IMPORTANT DATES

Chairman Hawkins reminded the Board that the NACo Conference in Washington, D.C. will be February 27 through March 2, 2004.

Chairman Hawkins informed the Board that Commissioner Messer has called a Cane Creek Water & Sewer Advisory Committee meeting for November 18 at 4:00 p.m. at Fletcher Town Hall.

There was some discussion of the up-coming Fall Retreat dates. Steve Allen will be the facilitator and the retreat will be held at the W.N.C. Larry Justus Justice Academy. Strategic planning will be a big item on the retreat agenda. Staff (Management Team) is holding a pre-retreat with the facilitator on Monday, October 20 so he will have a basic knowledge of Henderson County.

NON-PROFITS

Chairman Hawkins had distributed a hand-out on non-profit funding yesterday for the Board’s review. Discussion followed about setting goals for non-profits or contracting with them.

Mr. Nicholson stated that this tied in well with the Board’s discussions about strategic planning. He had divided non-profits into two groups: non human services and human services organizations. Many of these non-profits have been placed under specific departments already in the county budget. He spoke briefly about how some of the non-profits use the funds from the county. The Board needs to consider what the Alliance for Human Services’ role will be with non-profits in the future. Mr. Nicholson had planned for more discussion on this item in the board’s fall retreat.

Angela Beeker spoke briefly about contracting with non-profits.

Chairman Hawkins stated that this particular facet of the budget had been approached different ways by previous boards. He stated that the main reason for listing these non-profits under specific county departments was for some monitoring, setting of goals or distribution of the monies. CrimeStopper’s is listed in the Sheriff’s budget. The Rescue Squad is listed in Public Safety and the Community Development is listed under Cooperative Extension Services. Some non-profits may not lend themselves well for contracting. In the case of many of these that come to the Board from the Alliance, we may want to ask the Alliance for Human Services to give the Board an idea of what level of services that organization performed the previous year. For instance the Blue Ridge Literacy may have had 50 people who went through the program in the previous year. Those sorts of things may give an indication as to what kind of goals to set for the next year in considering the amount of funding to give them. In considering economic development you may want to look at a larger time frame. You may need to look at a 2 – 3 year time frame for that one because things don’t happen very fast in that area. Whereas, for the Art’s Council, we may not be able to look at anything because they are a money matching organization.

Selena Coffey felt that contracting with the agencies was a good idea. She has been researching this issue and is compiling a comprehensive process for the Board’s review. Many governments are now using a grant-type process which includes a contract. She plans to propose that we revise our current process for non-profits including revision of the application process so they will provide for us activities or outcomes planned for the year. She plans to have her comprehensive report or proposal to the County Manager by October 24, incorporating the things the Board has discussed and more.

Commissioner Baldwin stated that he was excited about staff pulling some of these things together, feeling that it brings a level of accountability into the process that we haven’t had in the past.

Recess

Chairman Hawkins called a short recess.

INFORMAL PUBLIC COMMENTS

There was none.

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 reason(s):

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 Statues as allowed by and pursuant to NCGS 131E-97.3.

All voted in favor and the motion carried.

Adjourn

There being no further business to come before the Board, Commissioner Messer made the motion to adjourn the meeting at 10:36 p.m. All voted in favor and the motion carried.

Attest:

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