MINUTES
STATE
OF NORTH CAROLINA BOARD OF
COMMISSIONERS
COUNTY
OF HENDERSON DECEMBER 15, 2004
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 Bill Moyer, Vice-Chairman Charlie
Messer, Commissioner Larry Young, Commissioner Shannon Baldwin, Commissioner Chuck
McGrady, County Manager David E.
Nicholson, Assistant County Manager Justin Hembree, 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, and Finance
Director J. Carey McLelland. Deputy Clerk to the Board Amy Brantley was present
through nominations.
CALL TO ORDER/WELCOME
Chairman Moyer 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.
INFORMAL PUBLIC COMMENTS
The
main reason he came to speak was to express his support for the nomination of
Norman Miller and Wanda Case, two people who are very interested in preserving
the cemeteries in Henderson County. He had a list of 40 cemeteries that are on
the so-called endangered list. He found
on the list four people from his family tree, one was his great great
grandfather. Our ancestors have helped
make our county what it is today, basically through hard work. He expressed his support for the formation of
a cemetery committee.
·
The
Courthouse is not a common utilitarian building. It is not a structure that
exists simply to house certain activities and people. It is the historical and
cultural icon of this community.
·
Recognizing
that the courthouse is by it’s nature a cultural facility, we can agree that it
serves a purpose to return county administration to a part of this building.
This will provide a funding stream for the project and will maintain continuity
with the building’s history. Renovating for county administration is the easy
part. The difficult part is determining
the cultural accommodations for the building and site and providing the parking
and green space to support these functions.
·
Because
the courthouse plays such a significant role in the cultural life of this
community, the community must play a significant role in redefining the
building’s future. We need to work hard
to build and maintain a constituency of citizens devoted to this project. It is
this constituency, more than politics that will keep this project on track and
keep it moving forward.
·
We
need to stretch, just as the citizens did 100 years ago when they erected this
monument. We need to think big and create something that is better than
ordinary and we need to really go for it. If we stretch, this community will
give itself a great gift that will uplift our civic and cultural lives for
generations to come.
·
To
stretch and do this right, we will need partners. The courthouse will be far more than a place
to conduct county business. It will
enliven downtown, attract tourists, educate school children about the history
of this community, and it will provide both indoor and outdoor gathering
places. Those in the business of
enhancing city life, tourism, and education are essential partners for the
support and guidance of this project.
In conclusion, Mr. Gaylord
stated it is a new day in Henderson County.
We have a new commission, we have a new energy to make progress on some
longstanding projects, some longstanding needs for this community. He asked for the Board to proceed
expeditiously, without wasting a single day but he also asked that the Board
not skip any vital steps and that we commit ourselves to achieving a project
worthy of this community’s history and cultural spirit.
DISCUSSION/ADJUSTMENT OF AGENDA
Commissioner Baldwin
requested adding an update on Pending Issues for Asheville, Buncombe, Henderson
Regional Water Authority as “F”. He also
requested adding as “G” – to start a discussion about the County Manager
Position.
Chairman Moyer requested
that those two items be added to the agenda for the next meeting, to keep the
agenda as is for this meeting. He felt
these two items would require some background information in order to have a
meaningful discussion.
Chairman Moyer made the motion to approve the agenda as
presented. A vote was taken which passed three to two with Commissioners
Baldwin and Young voting nay.
CONSENT AGENDA
There were no changes
proposed to the consent agenda. Chairman
Moyer made the motion to approve the consent agenda as presented. All voted in favor and the motion carried.
Tax Collector Report
Terry F. Lyda, Henderson
County Tax Collector, presented the Tax Collector’s Report to the Commissioners
dated December 13, 2004.
Tax Refunds
A list of 9 refund
requests was presented for review and consent approval by the Board of
Commissioners.
Tax Releases
A list of 57 tax release
requests was presented for review and consent approval by the Board of
Commissioners.
Tax Discoveries
A list of 477 tax
discovery requests was presented for review and consent approval by the Board
of Commissioners.
Water Line Extension for Fox Glen, Phase I, and Leoni’s
Mountain Lake Homes
The City of
Hendersonville requested County comments on two proposed waterline extension
projects. The first project was for a
waterline extension to serve Phase I of the proposed Fox Glen planned
residential development. Fox Glen will
be located on Howard Gap Road, across from Fletcher Elementary School. The other project was for a waterline to
serve the proposed Leoni’s Mountain Lake Homes planned unit development, to be
located on South Lakeside Drive, across from Lake Osceola.
FY 2005-06 Budget Calendar
A proposed Budget
Calendar for the FY 2005-06 budget process was presented for the Board’s
consent and information. The budget
calendar can be revised by the Board at any time.
Request for Improvement Guarantee for Brock Creek
Subdivision
William C. Trimarco had
submitted an application for a subdivision improvement guarantee for a proposed
minor subdivision he and others are developing known as Brock Creek. The improvement guarantee is proposed to
cover the cost of remaining road and drainage improvements within the
subdivision.
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 cash or a certified check. The developer intends to deposit with the
County cash or a certified check in the amount of $36,187.50 that includes the
cost of the remaining improvements ($28,950.00) as well as the required 25%
contingency ($7,237.50). The proposed
completion date for the improvements is August 1, 2005.
A draft Performance
Guarantee Agreement was included for the Board’s consideration. If the application is approved, the developer
must deposit with the County the cash or certified check in accordance with the
terms of the Agreement. Once the funds
are submitted for deposit, the (Assistant) County Attorney must certify the
Agreement as to form prior to its execution by the Chairman and the developer.
Mr. Nicholson
recommended that the Board approve the application for an improvement guarantee
for Brock Creek subdivision, subject to the developer depositing with the
County cash or a certified check in accordance with the terms of the draft
Performance Guarantee Agreement.
Purchase of Property from NCDOT
Bat Cave Fire and Rescue
inquired with the North Carolina Department of Transportation (NCDOT) regarding
the acquisition of .38 acre of property adjoining property owned by Bat Cave
Fire & Rescue Inc., along Red Anderson Road near Highway 64-74 in Bat Cave,
NC. NCDOT replied through a letter to
the County Manager, stating department policy prohibited conveyance of NCDOT
property to private non-profit agencies; however the letter further suggested
the option of the county purchasing the property on behalf of the fire
department. The members of Bat Cave Fire
& Rescue respectfully request the Board to express their intent to adopt a
resolution to approve this transaction at the January 19, 2005 meeting.
Mr. Nicholson
recommended approval by the Board.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies and these will appear on the next agenda for
nominations:
1.
Land
of Sky Regional Council Advisory Council on Aging – 1 vac.
2.
Nursing/Adult
Care Home Community Advisory Committee – 12 vac.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
1.
Apple Country Greenways
Commission – 1 vac.
Chairman Moyer nominated
Helen Colleti to the Greenway Commission.
There were no other nominations. Chairman
Moyer made the motion to appoint Ms. Colleti by acclamation. All voted in favor and the motion carried.
2.
Cable Franchise Renewal
Advisory Committee – 6 vac.
Chairman Moyer suggested
placing this item as a major item on the next agenda, to review the Charter and
composition of that committee and be prepared to make some
nominations/appointments at that time. Commissioner Young has expressed an
interest in serving as the Commissioner on this committee.
Commissioner McGrady
nominated John Crook, Dusty Rhodes, and Matt Matteson to this committee.
3.
Cemetery Advisory
Committee – 9 vac.
Commissioner Baldwin
nominated Norman Miller, Jay Jackson, Wanda Case, Dr. George Jones, Rev.
Anthony McMinn, John Boyd, Jenny Giles, Ken Youngblood, and Richard Waters.
Chairman Moyer stated
that Dr. Jones had called him stating that he has a great interest in this and
will help, he cannot serve on the committee because he already serves on two
boards which he would like to continue with.
Commissioner Baldwin withdrew Dr. Jones’ name.
Commissioner McGrady
nominated Vanessa Mintz and Michael Arrowood.
There was some
discussion about the proposed size of the committee, that maybe it should be a
smaller group.
Commissioner Baldwin
withdrew Ken Youngblood’s name so that there would be only nine nominees so
that they could all be appointed at this time.
Commissioner Young made the motion to appoint the nine
nominees by acclamation. All voted in
favor and the motion carried.
The nine appointees
were: Norman Miller, Jay Jackson, Wanda
Case, Rev. Anthony McMinn, John Boyd, Jenny Giles, Richard Waters, Vanessa
Mintz, and Michael Arrowood.
Discussion followed
about the timeframe. Chairman Moyer reminded everyone that the Board has
already approved the formation of the committee, they took David’s initial 6
month period and said that at the retreat in January the Board would tie this
project in with the rest of the projects and come up with a schedule at that
time.
Commissioner Baldwin made the motion that along with the
charge to the committee from the Board of Commissioners, to have the work
completed by a maximum of 18 months. If
they choose to get it done before that time then the Board can certainly take
it and move on it but not to exceed 18 months.
Discussion followed,
including that any piece the Board would be responsible for would be woven into
their work schedule.
All voted in favor and the motion carried.
4.
Community Child
Protection Team – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
5.
Criminal Justice
Partnership Act Task Force – 4 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
6.
Henderson County Zoning
Board of Adjustment – 4 vac.
Nominated at the last
meeting were Anthony Engel, Keith Shelley, Dale Caldwell, Kenneth Martin, Gary
Griffin, and Eric Goodman.
The Clerk polled the
Board with the following results:
Commissioner Baldwin: Engel, Martin, Griffin,
and Goodman.
Commissioner McGrady: Engel, Caldwell, Griffin, and
Goodman.
Chairman Moyer: Engel, Shelley, Caldwell,
and Griffin.
Commissioner Messer: Engel, Shelley, Griffin, and
Goodman.
Commissioner Young: Shelley, Caldwell, Griffin, and
Goodman.
The three high vote
getters were Engel, Griffin, and Goodman.
Shelley and Caldwell tied with three votes each. Ms. Corn polled the
Board again to break the tie and get the fourth appointee:
Commissioner Baldwin: Caldwell
Commissioner McGrady: Caldwell
Chairman Moyer: Caldwell
Commissioner Messer: Caldwell
Commissioner Young: Shelley
The four appointees were
Engel, Griffin, Goodman, and Caldwell.
7.
Henderson County
Planning Board – 1 vac.
There were two
nominations at the last meeting for this position: Stacy Rhodes and Kim
Pheffer.
The Clerk polled the
Board with the following results:
Commissioner Baldwin: Pheffer
Commissioner McGrady: Rhodes
Chairman Moyer: Rhodes
Commissioner Messer: Rhodes
Commissioner Young: Rhodes
The appointee was Stacy
Rhodes.
8.
Hendersonville Board of
Adjustment – 1 vac.
Chairman Moyer nominated
Joe Cox to fill the vacancy. There were
no other nominations at this time. Chairman Moyer made the motion to accept Mr.
Cox by acclamation. All voted in favor
and the motion carried.
9.
Hospital Corporation
Board of Directors – 4 vac.
There were six nominees
for the four positions: Priscilla Strickland, Cam Boyd, Jack Swanson, Bill
Blalock, John Bell, and Grady Hawkins.
The Clerk polled the
Board with the following outcome:
Commissioner Baldwin: Hawkins
Commissioner McGrady: Strickland, Boyd, Blalock, and Bell.
Chairman Moyer: Strickland, Boyd, Blalock,
and Bell.
Commissioner Messer: Strickland, Boyd, Blalock, and
Bell.
Commissioner Young: Strickland, Boyd, Swanson, and
Hawkins.
The four appointees were
Strickland, Boyd, Blalock, and Bell.
10.
Juvenile Crime Prevention
Council – 2 vac.
Commissioner McGrady
nominated Blair Lamb to the under 18 years of age position. There were no other nominations. Chairman
Moyer made the motion to accept Ms. Lamb by acclamation. All voted in favor and the motion carried.
11.
Library Board of
Trustees – 1 vac.
Commissioner McGrady had
indicated an interest in serving on this Board.
The Board will look at a fuller list of Commissioner appointees a little
later.
12.
Mountain Area Workforce
Development Board – 1 vac.
There were no nominations
at this time so this item was rolled to the next meeting
13.
Nursing/Adult Care Home
Community Advisory Committee – 1 vac.
Commissioner McGrady
nominated Tracy Clemo to fill this vacancy.
Chairman Moyer made the motion to
accept Ms. Clemo by acclamation. All
voted in favor and the motion carried.
14.
Planning for Older
Adults Block Grant Advisory Committee – 3 vac.
Commissioner Messer
nominated Karen Smith to fill position #7.
Chairman Moyer made the motion to
accept Ms. Smith by acclamation. All
voted in favor and the motion carried.
15.
Solid Waste Advisory
Committee – 1 vac.
Chairman Moyer nominated
John Thornton. There were no other
nominees. Chairman Moyer made the motion to accept Mr. Thornton by
acclamation. All voted in favor and the
motion carried.
16.
Travel and Tourism
Committee – 2 vac.
Commissioner Young had
expressed an interest in continuing to serve as the Commissioner on this
Committee. One vacancy remains. There
had been two nominees for that vacancy: Lucy King and Kathy Griffin. Ms. Corn polled the Board with the final
results:
Commissioner Baldwin: Griffin
Commissioner McGrady: King
Chairman Moyer: King
Commissioner Messer: King
Commissioner Young: Griffin
Lucy King was the
appointee.
17.
Water and Sewer Advisory
Board – 1 vac.
Chairman Moyer nominated
Bill Lapsley to this position. There
were no other nominees. Chairman Moyer
made the motion to accept Mr. Lapsley by acclamation. All voted in favor and the motion carried.
18.
Western Highlands LME –
1 vac.
Commissioner Messer
nominated Abigail Karroubi to fill the spot designated for a clinical
professional in the mental health field. Chairman
Moyer made the motion to accept Ms. Karroubi by acclamation. All voted in favor and the motion carried.
Commissioners serving on Board and Committees
Chairman Moyer had
distributed a list to all the Commissioners about appointments to Boards and
Committees. He stated that there was one adjustment to the list. Commissioner Young had stated that he would
be willing to serve on the Solid Waste Advisory Committee (SWAC). Chairman
Moyer made the motion to accept the list of appointments to the Board and
Committees and to advise the various Boards of the Commissioner who will be
serving as liaison to the Board.
There was discussion
about Commissioners asking another Commissioner to attend a meeting for them
when they cannot, especially if it is an important or special Board or
Committee meeting.
A vote was taken and the
motion carried unanimously.
MILLS RIVER BRANCH LIBRARY
Bill Snyder, Library Director,
informed the Board of a request from the Town of Mills River for Henderson
County to establish a branch library within their community. The request was approved by the Library Board
of Trustees on December 7, 2004 as a third level service library. Included for the Board’s review were the
letter from the Town of Mills River and the response from the Library Board and
staff as well as the Branch Library Extension Policy.
Mr. Snyder explained
that we have never exercised our option to establish a third level library
before but in 1993 the Library Board recognized the possibility that we might
want to extend library services to areas that are closer than a 10-15 minute
drive from an existing library. It was always
the Library Board’s goal to put the bulk of the citizenry within about a 15
minute drive of a library. With our
current main library and four branches we have achieved that goal. Under the Branch Extension Policy the Library
would be responsible for providing library materials, furnishing the facility,
and training and guiding volunteer workers who will operate the library. The Town of Mills River has agreed to the
extension policy, has found a location for the library and they are willing to
provide volunteers and pay the utilities.
The goal would be to open the Branch in April of 2005.
Mr. Nicholson recommended that the Board approve the request to establish this
third level library in Mills River.
Following discussion, Commissioner Messer made the motion to
approve the recommendation to provide a third level library in Mills
River. All voted in favor and the motion
carried.
PUBLIC TRANSIT FUNDING ANALYSIS FOLLOW-UP
Justin Hembree informed
the Board that this item was a follow-up to the Board’s discussion and action
concerning FY 05/06 funding for the local public transit system. Based on the short turnaround time since the
last meeting, the consultant working on the formal funding analysis/plan had
not had time to completely finish the report prior to packing this agenda
packet. We expect a final copy that will
include a detailed funding strategy and an implementation schedule reflecting
the Board’s December 15 action concerning this issue in the very near
future. It is possible the final report
could be available on December 15.
Even though the report
was not complete, staff was prepared to move forward with this issue based on
the following Board approved actions:
1.
The
County commits to funding the local public transit system no more than $65,603
for FY 05/06 and request that NCDOT continue to fund costs associated with the
operation of the Blue Route.
2.
The
County agrees to participate in the 5307 Program.
Mr. Hembree explained
that we have heard from the municipalities although none have taken action
except Fletcher. Fletcher decided this
week that they could not commit to funding that would be required to continue
operations of the Blue Route.
Staff recommended that
the Board approve the general outline and content of the draft letter that was
submitted. This letter will be the basis of a cover letter that will be
forwarded to NCDOT, prior to January 1, 2005, along with the final funding
analysis.
Following discussion, Commissioner McGrady made the motion that
the Chairman communicate to NCDOT that the County commits to funding the local
public transit system at no more than $65,603 for FY 05/06 and request that
NCDOT continue to fund the costs associated with the operation of the Blue
Route and that the County agrees to participate in the 5307 Program. All voted in favor and the motion
carried.
Commissioner Young
stated he would like to see some figures associated with the Mass Transit
System, not only the riders but the amount of revenue that is being generated
from the riders. We need to find out if
there is a duplication in counting the number of riders, as mentioned in
Informal Public Comments this morning.
UPDATE ON THE CAPITAL IMPROVEMENTS PROGRAM
Chairman Moyer stated
that we have a very ambitious capital improvements plan (CIP) ahead of us for
the next five years but certainly for the next two years. We have a substantial financial burden ahead
of us that we know will cause tax increases.
He stated that we need to find alternate means of financing some of
these capital needs.
Chairman Moyer proposed
moving to study putting County Administration in the Historic Courthouse with a
historical and cultural component and that we revise our plan to do so. That will enable us to reduce the size of the
Human Services Building on the Spartanburg Highway, saving considerable money
which then can be applied to the Historic Courthouse and hopefully pay for that
project without any additional expenditures.
Mr. Nicholson had
provided the Board copies of the County’s current 5-year Capital Improvements
Plan for their review and discussion.
There was much
discussion, some quite heated regarding the Human Services Building, the
Historic Courthouse, the old Jail Building, and the use of this building for
the Sheriff’s Department.
Chairman Moyer – “ I think
the Committee that was established plus this Board, of course Mr. McGrady was
not on it but, has indicated their desire to restore the courthouse and we want
to do it, I think, in the most efficient way.
One of the issues that has come up over the years and continues to be a
major issue is what we do about the jail.
We have an unsightly building sitting out there. We’ve now had the courthouse sitting there
for 10 years and how long are we gonna have the jail sitting there empty,
before something is done and I personally think we need to move and move
aggressively on the courthouse and the human services building. Whether I like it or not, we own the spot on
the Spartanburg Hwy. We have to move on
that and make the best use of that building.
It is now too late to abandon that site and I think we just have to move
forward and do the best we can.
With respect to the jail, it
has been my position for a long time that we ought to move to tear down that
jail and clean up that site in the back.
There are some structural issues with respect to doing that and some
questions with respect to party walls, if I can use that term – it’s not the
best term, the wall between the annex and the jail. And I think then the use of the building. The committee talked about the importance of
having and Ken talked about having a cultural and historical component of that
building which I think is extremely important.
But I think we also are looking at trying to reduce the costs of the
building – need to see if there’s a way where we can guarantee the money for
the project and provide an on-going stream of money so that we don’t end up
with a project half-way through that’s not done, not financed and we end up
sitting four years from now not much further than we are and I am proposing
that we move to study putting administration, county administration, not all of
the county operations by any stretch, but county administration into the
historic courthouse with a historical and cultural component and that we revise
our plan to do that. That will enable us
to then reduce the size of the building on Spartanburg Hwy… but we’ll be able to reduce the size of the
building out there saving considerable money which then can be applied to the
courthouse and hopefully pay for that without any additional expenditures. I think some of us have raised concerns with
respect to the parking at the human services building. Commissioner Young has raised repeated
concerns with respect to having adequate room for growth. I think if we move administration and some other
things out of there we can solve both of those problems and provide a long term
facility with adequate room for growth and I think move these projects along,
which I think we’re all committed to do in a very expedited fashion. And with
that David I’m gonna ask you to make some comments ……………”
Commissioner Messer – “I would make that in a motion to go ahead
and get Mr. Nicholson and staff to get those plans out and go back – you know
come back to us, to make an initial motion to tear the jail down.”
Much heated discussion
continued.
Commissioner McGrady – “I
have a question – Mr. Messer, your motion is to uh - the motion is not to tear
down the jail, the motion is to authorize staff to um present us with plans to
do that, is that right?”
Following additional
discussion, a vote was taken on the
motion and it passed three to two with Commissioners Baldwin and Young voting
nay.
Commissioner McGrady moved that the County Manager and
staff present a plan by the January 19 meeting to locate the County Administration
in the Historic Courthouse while providing space for cultural activities and
exhibits or events which highlight the county’s history and preserving the
historic features of the Historic Courthouse.
Furthermore, the County Manager and staff shall consult and involve the
Board of the Historic Courthouse Corporation in the development of the plan to
be presented to the County Commission.
Discussion followed.
A vote was taken and the motion carried three to two
with Commissioners Baldwin and Young voting nay.
Mr. Nicholson briefly
updated the Board on the status of the Animal Shelter. The Architects are finishing their design
work. They are working in conjunction with a local architect and will be
providing Mr. Nicholson with a new update with a cost estimate for that
facility shortly. About February we will plan to go out to bid for that
facility. He will continue to update the
Board as he receives more information.
Commissioner McGrady made the motion that the County Manager
and staff modify the plans for the County Services Building to provide space
for only two departments, the Health Department and the Social Services
Department with adequate parking for those departments, employees and clients
and space for growth over the next 10-15 years with a report to the Board of
Commissioners at it’s January 3 meeting.
Additionally at that meeting, the County Manager should recommend where
the Elections Department and the Departments presently located in the Land
Development Building should reside.
More heated discussion
followed.
A vote was taken and the motion carried three to two with
Commissioners Baldwin and Young voting nay.
School Capital Projects
Mr. Nicholson stated
that he had been meeting fairly regularly with the school folks as well as the
financing folks, our underwriter on this project, and has even had some
discussions with our bond counsel on this issue. Dana is proceeding on as the
schools most important project. They
have indicated and provided a proposal of some dates for us of when they would
be out to bid, in the late March timeframe.
They have started drafting a calendar for that financing and will
hopefully be in a position to coordinate the other financings associated with
that project to try to save some administrative costs.
Option
Chairman Moyer reminded
the Board that when we sold our sewer system in the southern end of the county
one thing we got was an option on the piece of property where the
Hendersonville Water Department offices are.
He asked staff to consider what it would take to exercise that option
and come back to the Board at the next meeting with respect to the procedures
the Board needs to follow to have the Board consider the use of that property
and whether we should move forward with exercising that option.
Chairman Moyer made the motion to request the County Manager
to explore exercising the option on the property where the Hendersonville Water
Department offices are, come back with a plan as to its possible use and the
advisability of exercising the option. A
vote was taken and the motion carried unanimously.
Chairman Moyer made the motion to request the County Manager
to do an update of the Capital Improvement Program (CIP) to reflect the other
changes that have been discussed. A vote was taken and the motion carried three
to two with Commissioners Baldwin and Young voting nay.
Solid Waste Transfer Station
Mr. Nicholson informed
the Board that the plans are proceeding along.
Gary Tweed is meeting today with the engineer on that project. Hopefully we will be in the position to bid
that project out fairly soon.
Tennis Courts
Mr. Nicholson informed
the Board that the new tennis courts at Jackson Park have been completed and
are very nice.
Community College Proposals – Classroom Building and
Gymnasium
Commissioner McGrady
stated that it was his understanding that the community college is interested
in setting up some sort of joint facilities committee similar to what we have
with the School Board.
Mr. Nicholson stated
that he had been waiting until the community college gets a little further
along with their plans. They have now
hired an architect. Mr. Nicholson asked
them to keep him informed of their progress.
Animal Shelter
Commissioner Young asked
the County Manager if we had gotten the property rezoned yet? Mr. Nicholson
answered that it is scheduled for the first meeting in January. The plans are being finished up and they are
working on a new cost estimate. As Mr.
Nicholson receives the updated information he will share it with the
Board.
SCATTERED SITE HOUSING/STAFF
Selena Coffey informed
the Board that we will again this year receive the 2005 Community Development
Block Grant (CDBG) for Scattered Site Housing.
Our last one was in 2002 and we are in the process of wrapping that one
up with a total of eight homes that have been rehabbed. The Scattered Site Grant is used to improve
the housing conditions of low income residents within the county.
Staff had made a
proposal to hire a housing planner to administer this and other housing grants
as well as to assist with the housing efforts described within the County
Comprehensive Plan (CCP).
The County Manager
explained that the CDBG program provides Henderson County with $400,000 every
three years. He stated the he felt the
current program was very successful and it helped to improve the lives of many
elderly and handicapped low income persons.
In 2002, we contracted with a firm to provide the administration of this
program. The original contractor went bankrupt and eventually their contracts were
taken over by another firm. Henderson
County has the legal and financial responsibility for this and other housing
grants such as the Home Program. Mr.
Nicholson recommended that a position be established that would administer
these housing grants and assist with other housing projects.
Commissioner Messer made the motion to approve the CDBG
request as presented. All voted in favor
and the motion carried.
COUNTY ATTORNEY POSITION
Chairman Moyer stated
that at the last meeting the Board started this discussion because the Board
will lose the current County Attorney due to resignation. The Board had requested Ms. Beeker (current
County Attorney) to provide a recommendation on the organization of the Legal
Department. Mr. Nicholson had already
provided the Board with a recommendation on the organization of the Legal
Department and recruitment of a County Attorney.
Chairman Moyer thanked
Ms. Beeker on behalf of the Board for the many contributions and valuable
advice to the county and wished her the best in her new endeavor.
Mr. Nicholson had
suggested that the County Attorney’s position be separate from the rest of the
Legal Department, and the Legal Department report directly to him.
Ms. Beeker reviewed her
recommendation with the Board as follows:
Two of the primary roles
of the County Attorney are:
1.
To
serve as primary legal counsel for Henderson County, and in that capacity, to
be ultimately responsible for the provision of all legal counsel that is given.
2.
To
serve as a check and balance for the County, helping to ensure compliance with
applicable laws in the day-to-day business of County government.
In her opinion, these
roles are best performed if the County Attorney is a full-time position which
supervises the provision of all other legal services to the County because:
1.
A
full-time County Attorney has only ONE client, the County. All thoughts, energy and focus are devoted to
the County. A retained County Attorney
has multiple private clients in addition to the County. The mindset of an attorney representing a
public organizational client is entirely different from an attorney
representing private individual clients.
2.
A
full-time County Attorney has the time and resources to become an expert in the
field of County Government law. With a
retained County Attorney and full-time staff attorney, the staff attorney ends
up having the time and resources to become the “expert”. In her opinion, the “expert” should be
providing legal services to (and should report directly to) the Board of
Commissioners.
3.
A
full-time County Attorney can more easily practice “preventive law” because he
or she has a better understanding of the day-to-day operations of County
government, and is more “in the know” regarding day-to-day occurrences. A retained County Attorney has less of an
opportunity to practice “preventive law” because they are not there on a
day-to-day basis, but are only made aware of issues when they are called upon.
4.
A
full-time County Attorney can devote the time necessary for an issue, without
worrying about what the billable hours are going to cost the County in terms of
dollars and cents. Most of the County’s
legal work will likely fall on whoever is full-time due to the fixed cost and
availability of a full-time attorney.
With a full-time staff attorney, the natural inclination is to rely
primarily on that person, rather than the County Attorney, for work that really
should be performed by the County Attorney.
5.
A
full-time County Attorney can ensure that consistent legal advice is given, and
that there is less opportunity for internal conflict over which legal advice is
“correct”. With a retained County
Attorney and a full-time staff attorney, there will be times when the advice given
the County Manager and his staff versus the advice given to the Board of
Commissioners will differ.
6.
With
a full-time County Attorney, all legal advice given is supervised by someone
who reports directly to the Board of Commissioners. In this way, all legal advice given to the
County Manager and County staff is given independently.
In Ms. Beeker’s opinion,
the expenditure of additional funds for legal services is inevitable. With regards to DSS, the increased case loads
prompted the Board to approve an additional attorney’s position to be devoted
solely to DSS. With the number of
upcoming projects and ordinances to be addressed in the County’s comprehensive
plan, significant additional legal services
are going to be necessary. These
additional dollars would be best spent by going back to the organizational
model that was approved initially when the legal services were consolidated
into one department. The full-time
County Attorney, full-time Assistant County Attorney and full-time Human
Services Attorney (which supervises the new DSS attorney) would provide an
adequately staffed and indispensable resource with the capability to provide
the full range of legal services that County Government is going to demand.
This would enable the full-time County Attorney to take a global view of the legal
service demands for the County, and appropriate legal department resources in a
manner to meet them.
Discussion followed
regarding both recommendations.
Commissioner McGrady made the motion for the County to
proceed to fill the County Attorney position soon to be vacated by Angela
Beeker with the understanding that the County Attorney will represent both the
Board of Commissioners and the County Manager and will be supervised by the
Board of Commissioners and will generally supervise the county’s legal
department.
More discussion followed. A vote was taken and the motion
carried unanimously.
When asked by the Board
about her job description, Ms. Beeker stated that she had recently up-dated it.
Chairman Moyer suggested asking Mr. Nicholson and Ms. Beeker to work together
to start the process of advertising for a County Attorney.
Commissioner Young made the motion that Mr. Nicholson and Ms.
Beeker start the process of advertising for a County Attorney. All voted in favor and the motion carried.
UPDATE ON PENDING ISSUES
Electronic Communications
Mr. Nicholson updated
the Board, stating that he felt there were some benefits to providing things to
Commissioners electronically. He plans
to start by setting up a website where memos to the Board can be stored for
access by the Board. Staff is already working on this and the Board should be
able to access it in a matter of days.
Staff hopes to be in a
position very soon to have the entire agenda packet in electronic format. Mr.
Nicholson will keep the Board updated on that issue.
Animal Control
Mr. Nicholson asked the
Board to consider transferring our Animal Control Department from the Public
Health Department back to general County government and place it under his
authority. He had several reasons for
making the recommendation including the fact that we are facing a number of
changes with this program including a new facility and the Board’s goal of
greatly enhancing our animal program. He
thinks that we must have a much stronger organizational structure in place to
address the areas of concern addressed by both the Board and the
community. The Public Health
Department’s employees are governed by State Personnel regulations that just
doesn’t allow for the level of management needed to take this program
forward. Mr. Nicholson had spoken to Tom
Bridges, Public Health Director, who concurred with his recommendation and will
be very happy to allow him to take on the headaches of animal control.
Should the Board approve
the County Manager’s recommendation, his plans would include reclassifying the
position of head officer that the Board approved in the current budget to a
department head level person with managerial abilities. This position would be responsible for the
future development of the Animal Services Ordinance and to develop the internal
structure necessary to carry out the Board’s wishes for this program.
Mr. Nicholson also
recommended that the Board establish an Animal Services Advisory Committee.
This advisory board would provide the Commissioners and staff with
recommendations concerning the operation of the program and hear dangerous dog
appeals.
Mr. Nicholson reminded
the Board that several years ago he proposed a separate enforcement division.
Should the Board concur with
his recommendation concerning the transfer of Animal Control, he is planning to
resurrect this plan and ask the Board to provide the resources that he believes
will be necessary to develop a stronger and a better coordinated enforcement
effort throughout County government.
There was much
discussion including but not limited to the need for increased enforcement of
our ordinances and the need to strengthen the Animal Control Ordinance as well
as support for the move.
Commissioner McGrady made the motion that effective February
1, 2005 the Animal Control Department be transferred from the Public Health
Department to report directly to the County Manager and that the County
establish an Animal Services Advisory Committee whose charge
shall be proposed by the County Manager at the Board meeting on January 3,
2005. Furthermore, the County Manager
shall present a plan to the Board of Commissioners as to how county ordinances
including specifically any ordinances relating to Animal Control, might be
enforced through a separate Enforcement Division by our second meeting in
January. All voted in favor and the
motion carried.
NCACC Update
Commissioner Messer
serves on the Board of NCACC (North Carolina Association of County
Commissioners). They have had several
meetings with respect to legislative goals and other things. Chairman Moyer asked Commissioner Messer to
update the Board on this issue.
Commissioner Messer
attended a meeting last Wednesday in Raleigh at the NCACC offices. Next month
they will meet with County Commissioners from the whole State to talk about the
goals. This year there are about 40-50
goals on the list but three primary goals:
1.
Medicaid
Relief
2.
Revenue
Options
3.
School
Construction Bonds
Others include impact
fees, sales tax, sales tax exemption, etc.
He invited the other Commissioners
to attend the meeting in High Point next month where legislative goals will be
discussed.
CANE CREEK WATER & SEWER DISTRICT – no
business
CLOSED SESSION
Chairman Moyer made the
motion for the Board to go into closed session as allowed pursurant to NCGS
143-318.11 for the following reason(s):
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:
Appeal of Clifton J. Shipman
Henderson County 03-PTC-580
All voted
in favor and the motion carried.
ADJOURN
Chairman Moyer adjourned
the meeting.
Attest:
Elizabeth W. Corn, Clerk
William L. Moyer, Chairman