MINUTES
STATE
OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY
OF HENDERSON NOVEMBER 3, 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, Public Information Officer Chris S. Coulson, Fire
Marshal Rocky Hyder, 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
Dick Raby led the Pledge
of Allegiance to the American Flag.
INVOCATION
David Nicholson gave the
invocation.
Announcements
Chairman Hawkins
informed those in attendance that Commissioner Moyer wouldn’t be with us this
evening but should join us at the mid-month meeting.
Chairman Hawkins thanked
Biltmore Baptist Church for providing refreshments for the Board this
evening.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Hawkins asked
that item “D – State Road Abandonment Petition” be moved to just after item A-
Korean War Memorial. There were no
other requested adjustments to the agenda.
Chairman Hawkins made the motion to approve the revised
agenda. 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
The Board had been given
draft minutes of the following meetings for review and approval:
October 6, 2003, regular meeting
October 15, 2003, regular meeting
Tax Collector’s Report
Terry F. Lyda, Henderson
County Tax Collector, had provided the Tax Collector’s Report dated October 29
for the Board’s information.
Financial Report – September 2003
Cash Balance Report – September 2003
Consent approval was
requested for these two reports.
Non-departmental expense
included annual property/liability and worker’s compensation insurance premiums
paid to the NCACC Risk Management Pools.
$1,197,001 of this expense was allocated out to departments in
September. The remaining $357,165 in
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 $82,418 deficit
reported in the CDBG-Scattered Site Housing is temporary due to a timing
difference in the expenditures of funds and the subsequent requisition of funds
to reimburse these expenditures.
The County Services
Building Project deficit is due to architectural fees, demolition/abatement and
utility line relocation work performed at the former Carolina Apparel
Building. It is anticipated that these
costs will be recouped from financing proceeds for the project in 2004.
The $6,108 deficit
reported in the Mills River Sewer Project is temporary due to a timing
difference in the expenditure of funds and the subsequent requisition of funds
to reimburse these expenditures from the State Clean Water Management Trust
Fund and the federally awarded EPA Grant.
Henderson County Public Schools Financial Report – September
2003
This report was provided
for information and consent approval.
Request for Public Hearing on Road Names
The Board had received a
request to set a public hearing date for the following road names:
Baber Road
James Road
Dorothy Jane Lane
Staff recommended that
the public hearing be set for Wednesday, November 19 at 11:00 a.m.
Petition for addition to State Road system
Staff presented a
petition to add Pottery Terrace Trail and Terrace Field Trail (off Orchard Road
in the Dana area) to the State Road Maintenance system. Both these roads are located in the Pottery
Terrace subdivision. It has been the practice of this Board to accept road
petitions and forward them to NC DOT for their review. It has also been the practice of the Board
not to ask NC DOT to change the priority for roads on the paving priority list.
Juvenile Justice and Delinquency Prevention Grants
The Henderson County
Juvenile Crime Prevention Council (J.C.P.C.) had approved funding for local
juvenile crime prevention programs for the period 1/1/04 to 6/30/04, in the amount
of $46,936. These funds are made
available for this purpose by the State of North Carolina. Grants require a 30% match. The programs approved by the J.C.P.C. are:
Mountain Laurel Community Services $41,592
Henderson County Family Y.M.C.A. $ 5,344
These program agreements
were recommended for approval to the Board of Commissioners for signature by
the Chairman. They will then be sent to
the Department of Juvenile Justice and Delinquency Prevention for final
approval.
These additional grants
necessitate the revision of the County Funding Plan, which was also included
for the Board’s approval. The above two
new grants are added in with previously approved program funds.
The County Manager
recommended approval by the Board and authorization for the Chairman to sign
the grant applications.
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 months.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear on the next agenda for
nominations:
1.
Nursing/Adult Care Home
Community Advisory Committee – 2 vac.
2.
EMS Quality Management
Committee – 1 vac.
3.
Henderson County
Planning Board – 1 vac.
Nominations
Chairman Hawkins
reminded the Board of the following vacancies and opened the floor to
nominations:
1. Apple Country
Greenways Commission – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
2. Community
Child Protection Team – 2 vac.
Commissioner Messer
nominated Al Henry to position # 2. There were no other nominations. Chairman
Hawkins made the motion to accept Mr. Henry by acclamation. All voted in favor and the motion carried.
3. Downtown
Hendersonville, Inc. – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
4. Fire and
Rescue Advisory Committee – 2 vac.
Chairman
Hawkins nominated Leroy Nicholson to position # 3. There were no other nominations.
Chairman Hawkins made the motion
to accept Mr. Nicholson by acclamation.
All voted in favor and the motion carried.
5. Fire
Commission – 3 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
6. Henderson
County Zoning Board of Adjustment – 2 vac.
There were no
nominations at this time so this item was rolled to the next meeting. Chairman
Hawkins expressed the Board’s thanks to Diane Grant who had served several
years as Chairman of this Board.
7. Hendersonville
Planning Board – 1 vac.
Chairman
Hawkins nominated Mark Pace. There were
no other nominations. Chairman Hawkins
made the motion to accept Mr. Pace by acclamation. All voted in favor and the motion carried.
8. Hospital
Corporation Board of Directors – 4 vac.
Commissioner
Young nominated Dr. George Jones and Don Holder. Commissioner Messer nominated Dr. John Bell, and Marcia Caserio. Chairman Hawkins nominated Vincent Rees and
Larry Freeman. The Clerk will poll the
Board at the next meeting.
Chairman
Hawkins stated that the Hospital Board had indicated that they would offer an
orientation program for prospective members on November 10. He asked Ms. Brantley to make these nominees
aware of that orientation date.
9. Juvenile
Crime Prevention Council – 4 vac.
Chairman
Hawkins nominated Don Fisher to position # 2.
There were no other nominations at this time. No vote was taken.
10. Laurel
Park Zoning Board of Adjustment – 1 vac.
Commissioner
Messer nominated James Patrick. There
were no other nominations at this time.
Chairman Hawkins made the motion
to accept Mr. Patrick by acclamation.
All voted in favor and the motion carried.
11. Library
Board of Trustees – 1 vac.
Chairman
Hawkins nominated Commissioner Moyer to serve an additional term. There were no
other nominations. Chairman Hawkins made
the motion to accept Mr. Moyer by acclamation.
All voted in favor and the motion carried.
12. 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.
13. Regional
Water Authority of Asheville, Buncombe, and Henderson – 1 vac.
Chairman
Hawkins stated that Jack Tate had served as many terms as are allowed by the
by-laws. He is the current Chairman of
the Board. He has served the county
well.
Commissioner
Young nominated Commissioner Baldwin.
Commissioner Messer asked that action on this item be rolled until
Commissioner Moyer gets back. Following
discussion, Commissioner Messer made the
motion to suspend the rules and roll this item to the next meeting. A vote was taken and the motion failed three
to one. Chairman Hawkins made the motion to accept Commissioner Baldwin by
acclamation. A vote was taken and the
motion carried three to one with Commissioner Messer voting nay.
14. Senior
Volunteer Services Advisory Council – 2 vac.
Chairman
Hawkins nominated John Antrim to position #4.
There were no other nominations.
Chairman Hawkins made the motion
to accept Mr. Antrim by acclamation.
All voted in favor and the motion carried.
15. SmartStart
– 1 vac.
Chairman
Hawkins nominated Mary Singleton. There
were no other nominations. Chairman Hawkins made the motion to accept
Ms. Singleton by acclamation. All voted
in favor and the motion carried.
16. Travel
and Tourism Committee – 4 vac.
Chairman Hawkins
nominated Larry Young for position # 4.
Commissioner Young nominated Eleanor Michaelove. Commissioner Messer
nominated Lucy King. Commissioner Young
nominated Scott Surrette. Chairman
Hawkins nominated Mike Horton. There were
five nominees for four positions. The
Clerk will poll the Board at the next meeting.
Charter – Planning for Older Adults Committee
Mr. Nicholson had updated
the charter for the Planning for Older Adults Committee. Staff had researched
how this group was originally organized and how they have been proceeding
operationally. Staff had found that we
are out of compliance with how they should legally be operating. Mr. Nicholson suggested that the best thing
to do would be to start the process by re-chartering them as a committee of
county government and proceed with what their legal responsibilities are,
allowing for other duties. When this committee was originally approved, the
Board appointed the County Manager as the lead agency for aging in our
community. The committee should report to Mr. Nicholson although they have been
doing their own thing.
Mr. Nicholson reviewed
the new charter. He stated he would
assign staff to the committee. He
doesn’t feel that we’re currently meeting the letter of the law for this
committee.
Chairman Hawkins asked
Ms. Beeker if she had reviewed the by-laws for statutory compliance. She had not but said she would be glad to do
so. She was asked to review the by-laws
and the Board would then act on them at the next meeting, after hearing from
her.
KOREAN WAR MEMORIAL
Dick Raby thanked the
Board for allowing the placement of the Korean War Memorial Monument on the
grounds of the historic courthouse. He
presented the Chairman with a certificate of appreciation, suitable for
framing. He and his colleagues
distributed commemorative coffee mugs to each Commissioner and to some staff.
On Veteran’s Day,
November 11, there will be an official unveiling of the monument.
STATE ROAD ABANDONMENT PETITION
Rocky Hyder thanked the
Board for adjusting the agenda to accommodate his schedule. The property addressing staff received a
state road abandonment petition to abandon a portion of River Loop Road, SR #
1343. Comments were requested from
departments that provide emergency services to this area of the county. These departments had concerns about the
ability of the residents to maintain the road at the level it is now
maintained. Based on input received,
staff could not support the proposed abandonment of the state maintenance on
this section of SR #1343.
Following discussion, it
was the consensus of the Board to hold a public input session to receive public
comment on this item.
Chairman Hawkins made the motion to set a public input
session for December 1 at 7:00 p.m. All
voted in favor and the motion carried.
STRATEGIC PLANNING RETREAT INTRODUCTION
Note – Commissioner Moyer came in to the meeting at 6:12 p.m.,
during this presentation.
Mr. Nicholson stated
that during the budget deliberations this year the Board discussed the idea of
developing a strategic plan for Henderson County. He mentioned briefly the Board of Education’s strategic plan and
how it has become a major tool in how the Board of Education develops their
annual budget, priorities, programs, and general operation of the school
system.
A strategic plan will
help in setting the direction that the Board wishes to pursue, will assist in
developing policies, and will draw attention to ideas and projects the Board
wishes to deal with in our community.
It will develop strategies on how to deal with those issues. It will determine responsible parties and
set time frames. It will be a tool that the Board and the community will
monitor and assess results by. It is a process and there are steps that will
have to be taken to lead the Board into making these important decisions for
our community.
Mr. Nicholson introduced
Steve Allen, President of “Solutions for Local Government”. Mr. Allen will act as facilitator for the
Fall Retreat.
Steve Allen reviewed the
necessary steps for developing a strategic plan. He made the presentation by way of a PowerPoint Presentation, touching
on the following topics:
Definition of Strategic Planning
The Premise
The Board’s Mission Statement
The Issues Today
Why do Strategic Planning?
What are the Benefits?
A Vision
The Process
He then briefly reviewed
the agenda for the retreat:
Day # 1 (Nov. 7) Day # 2 (Nov. 14)
Strategic Issues Action
Steps
Goals Responsibility
Strengths & Weaknesses Calendaring
Selena Coffey reminded
the Board that the retreat will be at the WNC Justus Justice Academy, off Highway
# 64, in the cafeteria building. The
cafeteria building is the building nearest Highway # 64. We will meet in room #C-103. Breakfast will be available both days as
early as 7:00 a.m. until the retreat begins about 8:30 a.m. Lunch will be served as well as some snacks
in the afternoon. She informed the Board that all they needed to bring with
them is thoughts and ideas about the issues for the strategic plan. The room is available to us until 5:00 p.m.
but we will try to adjourn about 4:30 p.m.
TRANSPORTATION ISSUES
French Broad River MPO
The Transportation
Advisory Committee (TAC) had reviewed the Memorandum of Understanding (MOU) for
membership within the MPO. Although
there are a number of issues of concern that have yet to be resolved, the TAC
recommended that the Commissioners approve the MOU. Mr. Nicholson introduced two representatives of the MPO: Dan
Baechtold, Coordinator; and Elizabeth Teague. He then reviewed the MOU with the
Board, explaining how the TAC was established, the TAC membership, TAC duties,
TAC voting policy, Metropolitan Transportation Improvement Program (MTIP)
Development, Priority Needs List Development for MTIP, TAC Subcommittees,
Transit Planning and Programming, Technical Coordinating Committee (TCC)
establishment.
Mr. Baechtold came
forward to answer questions from the Board. He explained that it was about 16
months ago or so that the Federal Government and the State came to our area and
said that the census had changed our urbanized area and we had to expand our
Transportation Planning Organization to take in the new urbanized areas. The MPO process is a Federal process. The Federal Government said every area in
the country that has more than 50,000 in population has to have an MPO. The Asheville area has had an MPO for 30
years or so and every 10 years the census count is done thus showing how big
the urbanized area is. Mr. Baechtold
stated this was a process to bring the local governments together and meet
Federal requirements to do planning.
The federal requirements are part of what we have to do in order to get
our transportation funding for the area. The long-range transportation plan is a 20 year planning document
and is a Federal requirement. The
comprehensive transportation plan is the State’s new term for the thoroughfare
plan.
Chairman Hawkins made the motion to adopt the “Resolution
Authorizing the Execution of a Memorandum of Understanding for Continuing,
Cooperative, and Comprehensive Transportation Planning in the French Broad
River Metropolitan Area” and make the request that the County Manager made on
item # 3, to include comprehensive studies of alternatives, etc. All voted in
favor and the motion carried.
TIP Program
David Nicholson stated
that the TIP program for this year is basically the same TIP program the Board
approved last year with one change. The
local T.A.C. had moved what is now Priority Three up on the project list. It was formerly Priority Eight.
Priority Three now
reads: Add turning lanes on US 25 South
from White Street to the intersection of Erkwood and Shepherd Streets;
straighten the Erkwood/Shepherd Street intersection with US 25 South; square up
the intersection of Rutledge Drive and US 25 South at the Jackson Funeral Home;
construct greenways, bikeways, bike lanes, walkways. We recommend that a design forum be used to plan and design this
project and that it be added to the 2004-2010 T.I.P. A study should also be done to determine the possibility of the
alignment of White Street and Joel Wright Drive.
Chairman Hawkins made the motion to approve the T.I.P.
recommended Draft for 2006-2012. All
voted in favor and the motion carried.
Public Transit
David Nicholson
suggested that the MPO staff prepare a study for Henderson County that concerns
all of our current transportation systems and any changes that we’re going to
have to deal with under these new federal regulations including but not limited
to what alternatives we have for operational issues and how to go about bidding
it out. Working with the Asheville Transit
folks is an alternative. While some of
our staff were recently in Atlanta they heard that a lot of people have decided
just to use local dollars because the amount of federal money coming to the
area was so small to have to deal with all these regulations. It was the consensus of the Board to approve
the suggested study.
INFORMAL PUBLIC COMMENTS
1. Dick Baird - He declined to speak
due to the lateness of the hour.
2. Ed Johnson – Mr. Johnson addressed
the Board last month about problems involved with Homeowners Associations. The Board had asked Ms. Beeker at that time
to research and report back to the Board.
Angela Beeker asked the
Assistant County Attorney to research this issue on her behalf. Russell Burrell had reviewed the Planned
Communities Act and other Statutes that enable the county to do anything. The Planned Communities Act essentially sets
out the governance for community associations, for homeowners associations, and
for larger planned communities than that if the community includes a
subdivision and a condominium complex together for example. It does not authorize county intervention
into those matters of the associations.
What it does is set out the governance of those associations and grants
specific powers to those associations.
It says that when those associations are begun they cannot vary from
these powers, that their incorporations must include this list of powers for
the homeowners associations, etc. It
does not however authorize the county to in any way intervene in those actions,
they are viewed as purely private matters between the members of the
association and the association itself.
PUBLIC HEARING on Mission St. Joseph’s Health
System, Inc. to operate an Ambulance Franchise for Inter-facility Specialty
Care Transport Service
Chairman Hawkins made the motion for the Board to go into
public hearing. All voted in favor and
the motion carried.
Terry Layne had
presented an application received from Mission-St. Joseph’s Health Systems,
Inc. for the provision of non-emergency ambulance transport services.
Pursuant to section
87-4(C) of the Henderson County Code the applicant must be given an opportunity
to be heard by the Board of Commissioners on its application. This is also this Board’s opportunity to ask
the applicant any questions concerning the application and proposed services to
be offered by the applicant.
Staff sought an
indication from the Board as to whether it was their intent to approve a
franchise to the applicant for the services as requested, and also any
direction from the Board on any special provisions desired in the
franchise. Staff would then draft a
contract consistent with the Board’s instructions.
To be effective, an
ordinance granting a franchise must be approved at two regular meetings of the
Board of Commissioners. Therefore, if
directed by the Board, an ordinance granting a franchise to the applicant will
be placed on the Board’s agenda for approval at the November 19, 2003 and
December 3, 2003 regular meetings.
NOTE: The services for which the franchise is
sought are currently performed by the applicant, pursuant to an informal
assistance agreement with Henderson County Emergency Medical Services
(“EMS”). The franchise sought would
formalize this arrangement in conformity with the Ambulance Franchise
ordinance.
Mr. Nicholson stated
that Terry Layne is responsible for administering the Ambulance Franchise
ordinance. He also recommended approval
of this franchise.
Mr. Layne can justify
the need for this, stating that they currently respond to approximately 400
calls per year. They have a specialized
unit, a specialty care unit that is equipped with specialized equipment for
transporting patients with cardiac problems.
They also are applying for the franchise for the use of MAMA which is a
helicopter that they use. Their
specialty care unit has three people on board, two in the back of the ambulance
and one to drive. Currently if Pardee
Hospital or Park Ridge Hospital requests us to take a patient in critical
cardiac condition, we have to request a nurse to go along with EMS on the call
because of the specialized equipment that comes with the patient from the
hospital. The equipment and the nurse
are then brought back to the hospital.
Mission-St. Joseph applied for this in August. Mr. Layne had received letters of support; one from Dr. Robert
Boleman who is the Medical Director for the emergency department at Pardee
Hospital.
Public Input
1. Lora Harris – Ms. Harris is the
Vice-President of Nursing at Pardee Hospital.
She brought with her the full support of this franchise from Pardee
Hospital. Pardee averages about 30
patients a month that get transported to Mission, usually for cardiac
reasons. The specialty units described
by Mr. Layne are something that these patients definitely need and
require.
Chairman Hawkins made the motion for the Board to go out of
public hearing. All voted in favor and
the motion carried.
Chairman Hawkins made the motion to approve the requested
ambulance franchise. All voted in favor
and the motion carried.
Angela Beeker stated as
a point of order that we will have to bring back the written franchise and
place it on the consent agenda for two meetings before it can become effective.
PUBLIC HEARING on Economic Development
Incentives – Porvair Fuel Cell Technology, Inc.
Chairman Hawkins made the motion for the Board to go into
public hearing. All voted in favor and
the motion carried.
The Board was asked to
consider granting economic development incentives to Porvair Fuel Cell
Technology, Inc., a company that has a fuel cell component bipolar research and
development and manufacturing office in Henderson County and is considering
expanding its operation. The public
benefit to be derived from the capital project is an initial taxable capital investment
of $800,000 in 2004, $500,000 in 2005, and $3.5 million in 2005 for a total of
$4.8 million in machinery and equipment, the retention of 12 full time
employment positions and the creation of 20 new full time employment positions
with an average wage of $15 per hour plus benefits, by the end of 2006.
Porvair Fuel Cell
Technologies, Inc. is asking Henderson County for assistance toward the
purchase of machinery and equipment in the amount of $22,400 for the first
phase of its project to be reimbursed over a 7 year period; up to a maximum of
$14,000 for the second phase of its project to be reimbursed over a 7 year
period; and up to a maximum of $98,000 for the third phase of its project to be
reimbursed over a 7 year period, for a total of $134,400 in economic
incentives.
NCGS 158-7.1 requires
that the Board hold a duly advertised public hearing on the proposed economic
development incentives prior to approving same. If the Board wishes to approve the request at the close of the
public hearing, it would be appropriate to condition the approval on an
economic incentives agreement being entered into after being duly approved by
all parties to the agreement.
Scott Hamilton, Greater
Hendersonville Chamber of Commerce, introduced Mark Morris, President of Selee
Corporation and Porvair Fuel Cell Technologies to talk a little about their
company and their plans for potential expansion here in Henderson County. Mr. Hamilton stated that it was very
exciting to think about the opportunities that fuel cells can bring to this
country and our transportation and energy needs. Mr. Hamilton stated that there
were several people in the audience in support of this project and the next
two:
Dale Carroll, President and CEO of Advantage West NC,
Ronnie James, Manager of the Western Regional Office of
the NC Dept. of Commerce,
Chip Gould, Chairman of the Henderson County Partnership
for Economic Development,
Bob Williford, President of the Greater Hendersonville
Chamber of Commerce,
Mike Cooper, Cooper Construction Company, who is also a
member of the Partnership for Economic Development as well.
Mark Morris and his
colleague, Tim Creagle, came forward.
Mr. Morris explained that they are attempting to do something to bring
fuel cells into the commercial world.
They are into the type of fuel cell called a proton exchange membrane
fuel cell which is one of the smaller, more efficient types. What holds fuel cells back from being
commercialized is the cost of the raw materials. Nissan has a program with United Technologies to build fuel cells
and the cost per fuel cell currently is about $333,000 per power unit. This is at their cost of roughly $180 - $200
per plate. For this to become a viable
product the fuel cell components have to be in the $3 - $5 plate-range. About three years ago they licensed
technology from Oakridge National Labs which allows for the plate to be pressed
and to bring into that type of cost.
They do have a road map which takes them into the production volumes
they are looking for, in the $3 - $5 range for a plate. That is the reason for their investment in
the fuel cell and why they are looking to invest in three phases for fuel cell
technology. This project will be done in three phases with the first phase
reaching 57,000 plates per year which is a small start up phase; the second
phase will take them to about 60,000 plates per year; and the third phase will
take them to about 173,000 plates per month, taking them into the cost range
they are seeking. This is not a
short-term project but they hope it will be extremely viable. They have the technology and are seeing the
marketplace react to the need for the product.
Public Input
There was none.
Chairman Hawkins made the motion for the Board to go out of
public hearing. All voted in favor and
the motion carried.
Chairman Hawkins made the motion to enter into the economic
incentive agreement after being duly approved by all parties to the
agreement. All voted in favor and the
motion carried.
Recess
Chairman Hawkins called
a brief technical break.
PUBLIC HEARING on Economic Development
Incentives – Spearman Food Distributors, Inc.
Chairman Hawkins made the motion for the Board to go into
public hearing. All voted in favor and
the motion carried.
The Board had been asked
to consider granting economic development incentives to Spearman Food
Distributors, Inc. They are a company
that has a good distribution facility in Henderson County and wish to construct
a 6,000 square foot building and to relocate their newly acquired food packing
facility, Asheville Packing, Inc., from Buncombe County to Henderson
County. The public benefit to be
derived from the capital project is an initial taxable capital investment of
$300,000. Additional public benefits
include the creation of 6 new employment positions with an average wage of
$14.00 per hour. Employment is
projected to double in three years.
Spearman Food
Distributors, Inc. is asking Henderson County for assistance toward actual
expenditures incurred in the site preparation for the construction of the good
packing facility up to a maximum of $6,000 to be reimbursed over a 5-year
period.
NCGS 158-7.1 requires
that the Board hold a duly advertised public hearing on the proposed economic
development incentives prior to approving same. If the Board wishes to approve the request at the close of the
public hearing, it would be appropriate to condition the approval on an
economic incentives agreement being entered into after being duly approved by
all parties to the agreement.
Scott Hamilton was happy
to be able to make this additional request of the Board and to recognize Joey
Spearman of Spearman Food Distributors, Inc.
The next two projects are with Spearman Food Distributors, Inc. Mr.
Hamilton stressed that the two companies in question tonight are both local
companies that we would assist in job retention and expansion. The majority of economic development
projects in any community come from existing companies.
Joey Spearman informed
the Board he purchased Asheville Packing, Inc. in July, a 90 year old
company. They had a distribution place
off Seventh Avenue which they sold.
They still maintained the manufacturing. They are currently operating in
Asheville but Joey was born here and grew up here and wants to move the company
to Henderson County to help our folks.
They manufacture barbeque and chili.
They also do custom cuts of meat.
Public Input
There was none.
Chairman Hawkins made the motion to approve the economic
incentive being entered into after being duly approved by all parties to the
agreement. All voted in favor and the
motion carried.
Chairman Hawkins made the motion for the Board to go out of
public hearing. All voted in favor and
the motion carried.
PUBLIC HEARING on Economic Development
Incentives – Spearman Food Distributors, Inc.
Chairman Hawkins made the motion for the Board to go into
public hearing. All voted in favor and
the motion carried.
The Board had been asked
to consider granting economic development incentives to Spearman Food
Distributors, Inc., a company that has a food distribution facility that is
expected to expand an additional 20,000 square feet in one year. The public benefit to be derived from the
capital project is an initial taxable capital investment in a 21,000 square
foot distribution facility that is expected to expand an additional 20,000
square feet in one year, and machinery and equipment resulting in a total
capital investment of $700,000.
Additional public benefits include the retention of 13 employment
positions and the creation of 4 new employment positions with an average wage
of $16 to $18 an hour.
Spearman Food
Distributors, Inc. is asking Henderson County for assistance toward the
purchase of machinery and equipment in the amount of $14,000 to be reimbursed
over a 5 year period.
NCGS 158-7.1 requires
that the Board hold a duly advertised public hearing on the proposed economic
development incentives prior to approving same. If the Board wishes to approve the request at the close of the
public hearing, it would be appropriate to condition the approval on an
economic incentives agreement being entered into after being duly approved by
all parties to the agreement.
Scott Hamilton stressed
that we still have representatives in the audience supporting these economic
development incentives.
Chairman Hawkins stated
that between these two companies thirty-some jobs will be created or saved.
Mr. Hamilton also stated
that just under $6 million investment will be realized from the three
projects.
Public Input
There was none.
Chairman Hawkins made the motion to approve the economic
incentives after they’ve been entered into and duly approved by all the parties
in the agreement. All voted in favor
and the motion carried.
MIDDLE SCHOOLS DEBT RATE MODIFICATION PROPOSAL
In April 2002, the Board
approved a financing package for the construction and renovation of certain
middle school projects. The $9.0 million financing was awarded to Branch
Banking and Trust (BB&T) for a 15 year term at a nonblank-qualified rate of
5.59%. Nonbank-qualified meaning the
County anticipated that it would be issuing more than $10 million in
installment contract debt in calendar year 2002.
It was anticipated that
this loan would be rolled into a larger, longer-term financing with other
capital projects. However, this has not
materialized and with market refinancing rates at historical lows, BB&T has
proposed a rate modification on the existing middle schools loan. The interest rate would be lowered to 4.09%
resulting in total interest savings of $844,875 over the remaining term of 14
years and a reduction in the annual debt service payments of $116,025 on this
loan for Fiscal Year 2005.
A summary of the rate
modification, BB&T’s proposal and revised amortization schedule and a draft
rate modification agreement were presented for the Board’s review. The new annual interest rate and the
corresponding modified amortization table only are affected by this
agreement. No other terms of the
original agreement will change.
No formal application to
the Local Government Commission (LGC) or public hearing is required to do a
rate modification on an existing loan as long as the term and amount borrowed
does not change. The Board of the LGC
reviews rate modifications as informational items only.
Staff had contacted
three other financial institutions to inquire about current market rates for a
loan of this size and term. Two
responded to the inquiry with rates in the low 4s. Therefore, Staff requested that the Board consider approving the
presented rate modification agreement with BB&T, which is not exactly
considered a true refinancing, but is basically a lowering of the rate on the
existing debt to take advantage of significant future savings.
Mr. Nicholson
recommended approval of the rate modification agreement with BB&T at the
proposed rate of 4.09% for the remaining term to realize significant interest
savings on this school projects debt financing. He expressed appreciation to
Carey McLelland for handling this issue and sticking with it until a positive
outcome was reached.
Carey McLelland
addressed the Board and answered questions on this issue. He also asked the
Board to set a public hearing for November 19 at 11:00 a.m. He thanked Ms.
Beeker for her help with this issue.
Following discussion on
the issue, Chairman Hawkins made the
motion to set the public hearing on this debt rate modification proposal for
November 19 at 11:00 a.m. All voted in
favor and the motion carried.
IMPORTANT DATES
The Commissioner’s
calendar was reviewed.
Chairman Hawkins
reminded the Board that the November 13 CCP meeting had been changed from Blue
Ridge Fire Department to the Flat Rock Middle School. He asked Karen Smith if she had a date and location for the
meeting in December for the Latino CCP meeting. Ms. Smith stated it is still being finalized. She thinks it will be on Tuesday, December 2
but that is only tentative at this time.
Chairman Hawkins
reminded the Board of a Cane Creek Water & Sewer District Meeting at
Fletcher Town Hall for 4:00 on November 18.
Chairman Hawkins made the motion to set November 13 at 9:00
a.m. for a special called meeting in the Commissioners’ Meeting Room to meet
with Leadership Development of Henderson County, class of ’03-’04.
David Nicholson had
received a packet from the Sheriff’s Department about the Local Law Enforcement
Block Grant program. That public
hearing needs to be scheduled. Mr.
Nicholson recommended that the Board set that public hearing for November 19 at
11:00 a.m.
Chairman Hawkins made the motion to set a public hearing on
the Local Law Enforcement Block Grant for November 19 at 11:00 a.m. All voted in favor and the motion carried.
Earlier in the meeting
the Board had set a public input session for December 1 at 7:00 p.m. on an
abandonment petition for River Loop Road.
DISCUSSION ITEMS –
there were none
CANE CREEK WATER & SEWER DISTRICT – no business
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. NCGS 143-318.11(a)(1): To prevent disclosure of information that is
privileged or confidential pursuant to the law of this State or of the United
States, or not considered a public record within the meaning of Chapter 132 of
the General Statutes, in accordance with and pursuant to NCGS 143-318.10(e) and
Article II of Chapter 11 of the Henderson County Code.
2. NCGS 143-318.11(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.
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-1663
All voted
in favor and the motion carried.
There being no further business to come
before the Board, Chairman Hawkins made the motion to adjourn the meeting at
approximately 8:00 p.m. All voted in
favor and the motion carried.
Attest:
Elizabeth W. Corn, Clerk to the Board Grady Hawkins,
Chairman