STATE OF NORTH CAROLINA                                                       BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                              FEBRUARY 20, 2008


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, Commissioner Larry Young, Commissioner Chuck McGrady, Commissioner Mark Williams, County Manager Steve Wyatt, Assistant County Manager Selena Coffey, County Attorney Russell Burrell, and Clerk to the Board Elizabeth W. Corn.


Also present were: Planning Director Anthony Starr, Finance Director J. Carey McLelland,  Research/Budget Analyst Amy Brantley, Engineering and Facility Services Director Marcus Jones, Associate County Attorney Sarah Zambon, Communications Officer Pam Brice, Sheriff Rick Davis, Addressing Coordinator Curtis Griffin, Animal Services Director Brad Rayfield, Tax Assessor Stan Duncan, Senior Planner Autumn Radcliff, Planners Matt Card and Matt Cable.


Absent was:  Deputy Clerk to the Board Terry Wilson



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



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



Commissioner Mark Williams gave the invocation.



1.      Marian Lowery – Ms. Lowery is the Chair of the Council on Aging.  She and Doris Eklund were both present in support of the request for Designation as Lead Planning Agency for the Council on Aging.



Chairman Moyer noted that several items had been carried over from the workshop on Wednesday, February 18 which would be added under Discussion Items including F) The Edneyville Community Plan Boundary and Charter presented by Anthony Starr, G) The Seven Falls Development Agreement and H) the Revised Text Amendment Land Development Code (9A – Subdivisions over 300) by Anthony Starr.  Under Important Dates a public hearing must be set for the Text and Map Amendments that have been discussed and a public hearing must be set on the realignment of Pleasant Grove Church Road.  An additional Closed Session item must be added with respect to attorney/client privilege on a legal matter. 


Commissioner McGrady made the motion to approve the agenda as amended.  All voted in favor and the motion carried.



Commissioner McGrady made the motion to approve the consent agenda.  All voted in favor and the motion carried.



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

            January 24, 2008 special called meeting

            January 29, 2008 special called meeting


Tax Collector’s Report

Terry F. Lyda, Tax Collector, provided the Tax Collector’s Report for information only dated February 8, 2008.


Pawnshop license renewal – Etowah Pawn Brokers, Inc.

Bruce Gosnell had applied, pursuant to §134-5 of the Henderson County Code, for a renewal of his license to conduct the business of pawnbroker within Henderson County.  Mr. Gosnell had previously been granted this license.  He has supplied the required documentation for such license.  Under the Henderson County Ordinance, this is an annual process.  3 134-6 requires that such applications be brought “for consideration by the Board of Commissioners at a regular scheduled meeting.”


Suggested Motion:  I move that the Board grant a renewal of a pawnshop license to Bruce Gosnell, as applied for.


WCCA Community Services Block Grant Application

An application was received from Western Carolina Community Action (WCCA) FY 2008-2009 for Funding for the Community Services Block Grant Program.  WCCA is requesting that the Board endorse the funding application and authorize the Chairman to sign all associated forms.  This is a continuing grant that supports WCCA’s outreach to low-income residents as well as self-sufficiency, homeownership, and senior adult programs.  This grant application represents year 2 of a 3-year cycle.  No County funds are required to fund these programs.


Suggested Motion:  I move that the Board endorse this application and authorize the Chairman to execute the required documents.


Joint Resolution Celebrating 100 Years of County Unity

In celebration of the North Carolina Association of County Commissioners Centennial celebration, the Association has requested the Board of Commissioners’ adopt a Resolution to jointly celebrate and recognize “100 Years of County Unity.”


Suggested Motion:  I move that the Board adopt the Resolution “Celebrating 100 Years of County Unity.”


Resolution for permanent closure of easement on the East Flat Rock First Baptist Church Property

North Carolina General Statute 153A-241 requires that the Board of Commissioners first adopt a resolution declaring its intent to close a public road or easement.  A copy of the resolution declaring the Board’s intent of closing the easement on the East Flat Rock First Baptist Church property at 2227 Spartanburg Hwy, Albert M. Moreno Jr. “et al.” property at 13 Sapling Dr., and Minute Man Anchors Inc. property at 305 W. King Street, East Flat Rock, NC is an attachment to this set of minutes.


Suggested Motion:  I move for the adoption of the resolution.


Notification of Vacancies

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


1.                Equalization and Review, Henderson County Board of – 6 vac.

2.                Industrial Facilities and Pollution Control Financing Authority – 3 vac.

3.                Library Board of Trustees – 1 vac.

4.                Mountain Valleys Resource Conservation & Development Program – 1 vac.

5.                Solid Waste Advisory Committee (SWAC) – 3 vac.



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


  1. Agriculture Advisory Board – 1 vac.

Commissioner Williams noted that position #2, Richard Lee Staton had recently been appointed and was a good addition to the committee and recommended his reappointment to position #2.  Commissioner McGrady made the motion that the Board accept the nomination by acclamation.  All voted in favor and the motion carried.


  1. Animal Services Committee – 4 vac.

Commissioner Williams nominated Pam Hodges for position #7. Chairman Moyer nominated Lt. Ben McKay for position #9.  Commissioner McGrady nominated Dr. Carrie Carman for reappointment to position #3 and Tom Johnson for reappointment to position #6.  Chairman Moyer made the motion that the Board accept Dr. Carrie Carman to position #3, Tom Johnson to position #6, Lt. Ben McKay to position #9 and Pam Hodges to position #7 by acclamation.  All voted in favor and the motion carried.  


  1. Child Fatality Prevention Team – 1 vac.

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


  1. Fire and Rescue Advisory Committee – 1 vac.

Commissioner McGrady nominated Richard Barnwell for reappointment to position #7.   Chairman Moyer made the motion that Richard Barnwell be accepted to position #7 by acclamation.  All voted in favor and the motion carried.


  1. Henderson County Transportation Advisory Committee – 4 vac.

 Commissioner McGrady nominated Jim Crafton, Renee Kumor, David Jones and Terry Hicks to the four vacant positions.  He stated that the committee chair and highly recommended a vice-chair and felt that David Jones had provided strong needed input.   Chairman Moyer made the motion that the Board accept Jim Crafton, Renee Kumor, David Jones and Terry Hicks by acclamation.  All voted in favor and the motion carried.


  1. Hendersonville City Zoning Board of Adjustment – 1 vac.

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


  1. Hendersonville Planning Board – 1 vac.

Commissioner Young nominated Jim Robertson for position #2.  Chairman Moyer made the motion that the Board accept Jim Robertson to position #2 by acclamation.  All voted in favor and the motion carried.


  1. Juvenile Crime Prevention Council – 6 vac.

There are six vacancies for position #9, #10, #12, #13, #14, and #26.  There are no applications on file that meet the criteria at this time so this item was rolled to the next meeting.


  1. Library Board of Trustees – 1 vac.

Commissioner Young nominated Marilyn Gordon for position #6.  Commissioner McGrady nominated Morton Lazarus for position #4.  Chairman Moyer made the motion that the Board accept Marilyn Gordon to position # 6 and Morton Lazarus to position #4 by acclamation.  All voted in favor and the motion carried.


  1. Nursing/Adult Care Home Community Advisory Committee – 11 vac.

Commissioner McGrady nominated for reappointment Suzanne Camp-Goodman for position #4 and Pat Strickland for position #10.  Chairman Moyer made the motion that the Board accept Suzanne Camp-Goodman to position #4 and Pat Strickland to position #10 by acclamation.  All voted in favor and the motion carried.


  1. Recreation Advisory Board – 3 vac.

Commissioner Messer nominated for reappointment Terry Maybin for position #3, Ralph King for position #4 and Gary Eblen for position #5.  Commissioner Young suggested that the letter being sent out include a commitment level of interest.  Commissioner McGrady requested that the number of terms served be included in information to the Commissioners.  Chairman Moyer made the motion that the Board accept Terry Maybin to position #3, Ralph King to position #4 and Gary Eblen to position #5 by acclamation.  All voted in favor and the motion carried.


  1. Senior Volunteer Services Advisory Council – 1 vac.

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



Chairman Moyer stated that discussions had been held with the Council on Aging with respect to the aging programs in the community. 


Karen Smith, Executive Director of the Council on Aging stated that most people were aware that Henderson County has a very large older adult population.  According to the NC State Data Center the number of older adults age 60 and older is going to double between the years 2005 and 2030.  Henderson County will be growing 73% during that same period of time.  In 2000 older adults 65 and older made up 21.7% of the population in Henderson County.  In 2010 that will have increased to 25%.  In 2030 that will have increased to 30%. 


The reasons for the aging population growth are lower birth rates, retiring baby boomers, longer life expectancies, and in-migration to this region.  North Carolina is ahead of the nation and Henderson County is ahead in the state.  In Henderson County 8% (2,280) of the older adults (60+) live below poverty, 47% (13,103) live in a rural setting, 10% (2,763) are severely disabled, and 56% (15,631) are 70 or older. 


  NC Senate Bill 448 

·        Directed DHHS & DAAS to study programs and service levels and needs for old adults in six counties in NC

·        The counties were chosen based on areas where there are currently more individuals 60+ compared to those 17 and younger or areas where that is projected to occur

·        Henderson County is currently number one in counties with larger percentage of older adults than those 17 and under

·        Final report due to the General Assembly in April 2008

·        Develop a 4 year plan July 2008 – June 2012

·        A profile of the projected growth for the older population

·        A profile of the current older adult population

·        An assessment of the anticipated impact on programs and services that address the needs of the older adult population

·        Identification of programs and services that are currently in place

·        Identification of programs and services that are needed to meet the growth projections

·        Current funding sources for programs and services serving the older adult population

·        Anticipated funding needs for programs and services serving the older adult population

·        A delineation of the programs and services that are shared or offered jointly with another county


Karen Smith stated that the Council on Aging was asking the Board of Commissioners to designate them as the lead planning agency in Henderson County so that it may be an inclusive process rather than an exclusive process.  It is a joint effort with Land of Sky Regional Council and anyone else in the county that deals with the aging population.  The mission of the council is to help older adults remain independent.  They currently have 562 volunteers working with their agency.  They have a 501C which means they can seek grants for the project. 


The following groups participate in the Coalition:

  • Council on Aging for Henderson County
  • Alliance for Human Services
  • AARP local chapter
  • Blue Ridge Community College
  • Care Partners
  • Carolina Village
  • Community Volunteers
  • Department of Social Services
  • Dispute Settlement Center
  • Faith Community
  • Henderson County Department of Public Health
  • Hospice
  • Interfaith Assistance Ministry
  • Land of Sky Regional Council
  • NC Cooperative Extension Service
  • Pardee Hospital
  • Pardee Pavilion
  • Park Ridge Hospital
  • Partnership for Health
  • Pisgah Legal Services
  • UNC-Chapel Hill
  • Western Carolina University
  • YMCA


Michelle Skeele stated that she has been coordinating the Healthy Aging Coalition for three (3) years.  The Healthy Aging Coalition has accomplished the following:

§        Completed a Healthy Aging Survey – 2006

§        Completed a Funding Assessment  of Resource in Henderson County for Older Adults – 2007

§        Held a Lecture Series on Community Resources for Family Caregivers

§        Moving towards the Wellness Health Fair – August 2007

§        Active Aging Week

§        Hold monthly meetings for education, information, sharing and to discuss challenges and opportunities in the aging community


As the Lead Planning Agency the Council will do the following:

§        Research and combine information gained from all surveys done in our area regarding older adults including, but not limited to, reports from the Partnership for Health, MAHEC, Alliance for Human Services and the Healthy Aging Coalition.

§        Develop a four-year Aging Plan for Henderson County working through the Healthy Aging Coalition that will be presented to the community

§        Provide on-going leadership to assure the plan remains active and relevant to changing needs in the community

§        Work to assure no duplication of service and best use of limited resources

§        Support and encourage collaboration

§        If directed, they will research and report findings to the Board of Commissioners on any issue or concern related to the aging community


Commissioner McGrady made the motion to designate the Council on Aging as the lead planning agency for older adults in Henderson County.  All voted in favor and the motion carried.


Assistant County Manager Selena Coffey stated that an objective had been included in the strategic plan this year which addresses aging issues.  This is directly beneficial to achieve that objective.  She suggested that the Council on Aging continue to look at other plans that are out there.  The Alliance for Human Services has a needs assessment that they did a couple of years ago that would still be very beneficial as the Council on Aging moves forward to gather information. 


Chairman Moyer asked Marion Lowery how the Board for the Council of Aging was made up as far as who is on it, what the composition was and how they got there?


Marion Lowery stated that they are self appointed.  They have a nominating committee and they try to reflect the community.  They do have people with different expertise on it.  She offered to provide a list to the Board of Commissioners.  At this time there are sixteen (16) people on the Board however there can be as many as twenty-five (25). 



Sheriff Rick Davis stated that after almost a year of working diligently on this project he could safely say that they would get 287(g) on board.  There are some intergovernmental service agreements that need to be signed and as you know the Federal Government takes its time with everything.  One thing that he felt very obligated to do was give a background on what exactly was going on with this program and why it was taking so long.  He feels that it is a benefit for everybody in the county and Western North Carolina to know that Immigrations has taken some major steps forward to accommodate North Carolina.  The Federal provision that provides local agencies to actually become immigration agents is 287(g). Our deputies will literally become ICE Agents once they go through the training. 


Whenever we signed up for 287(g) this was one of the lead statements.  “Terrorism and criminal activity are most effectively combated through a multi-agency/multi-authority approach that encompasses the skills and expertise of federal, state and local resources.  State and local law enforcement agencies play a critical role in protecting our national security in part because the vast majority of criminals are taken into custody under their jurisdiction.  During the course of daily duties, state and local law enforcement personnel often encounter criminal aliens and immigration violators who pose a threat to our communities.”


Sheriff Davis felt this was an appropriate course of action because of the inability to identify the majority of criminal wanted illegal aliens, due to non-compatible databases being used by DOJ/FBI & DHS/IC.  There are almost no consequences to current repeat offenders.  All stages of law enforcement response & investigations are more lengthy and time consuming.  An annual loss of an estimated $750,000 to county just from the detention center, and 103 IAQs (Illegal Alien Query) since December 1, 2007 (28 are eligible for deportation, 23 actually deported so far, offenses range from NOL (no operators license), DWI (Driving While Impaired), Possible Schedule II (drug offense), armed robbery, aid and abet armed robbery, assault on a female, murder and murder.  Additionally 21 deportations started by ICE agents who accompanied the Sheriff narcotic’s unit and 49 persons at various stages of deportation since December 1, 2007).


Wake, Cumberland and Henderson County were recommended by ICE for the 287(g) program.  Fourteen (14) other counties & the City of Wilmington have requested this program.  Numerous counties have been placed on hold by ICE as North Carolina’s blueprint is pending.  Henderson, Wake and Cumberland Counties were chosen because of the demographics, geographics and intensive lobbying.  ICE cannot support 100 individual 287 (g) programs across the state.  They are going with the “Hub & Spoke” approach.  They have set up an Executive Steering Committee which includes Sheriff’s, ICE Agents and Technical experts.   The concept is a fifty (50) mile radius where a county would support the surrounding counties.  We would be actively supporting the counties of Transylvania, Buncombe, Polk, Rutherford, Haywood, McDowell, Madison and Yancey. 


It is important for Henderson County to be the “HUB” first and foremost because it would give the Sheriff the discretion as to whether someone that is coming through the detention center with minor crimes would  go through the deportation process.  This is a relief mechanism to have someone with lower offenses to at least bond out.  The majority of the people that are in our Detention Center that are wanted, illegal or not, are there because they were picked up on minor offenses.  Persons under arrest will be identified.  Henderson County will recover all cost then some. 


287(g) Training

  • NCSA will reimburse Henderson County a flat rate of $4,500 per Deputy to cover overtime and travel expenses while in training
  • 30 Days to complete training
  • Training possibly held in Charleston, SC
  • Targeted Training date is mid-late April
  • 5 Deputies +/- initially trained (set by immigration enforcements)
  • 2 years minimum experience for selection


District Attorney Jeff Hunt stated that you really cannot run an affective law enforcement program and  reduce or control crime if you have a situation where you have a percentage of your inmates in jail in which you don’t have a chance to identify.  This 287(g) program has been designed or almost tailored for a situation like we have in Henderson County.  We have a core group of people who are showing up and committing low level crimes and sometimes serious crimes.  They show up and get incarcerated then have just enough resources to bond out.  They give one identification name and without the 287(g) program we don’t have adequate resources to get into the Federal program.  Once they are out on bond they commit another crime and rotate through the system again.  Mr. Hunt was in absolute support of the 287(g) program. 


Costs & Revenue Scenarios

Projected ICE Income based on other North Carolina Counties

50 Beds at $70 per day                                      $1,277,500

45 Beds at $70 per day                                      $1,149,750

50 Beds at $75 per day                                      $1,368,750

45 Beds at $75 per day                                      $1,231,875

50 Beds at $80 per day                                      $1,460,000

45 Beds at $80 per day                                      $1,314,000


Estimated ICE expenses

Salaries                                                             $   400,000

Overtime                                                                 25,000

Part Time                                                                  5,500

Training                                                                    4,500

Inmate Medical (Nurse)                                           41,000

Food                                                                        80,000

Inmate Supplies                                                                    14,000

Officer Supplies                                                       12,000

                                    Sub Total                     $   582,000


Transport Van                                                         62,300

Transport Car                                                           28,000

                                    Sub Total                     $     90,300


Total                                                                $   672,300


Projected Income Range

50 inmates - $51 per day                                   $930,750

50 inmates - $100 per day                               $1,825,000

Median Income ($75.50 per day)                     $1,377,875


A Prisoner Transport Agreement has not yet been made with ICE.


General Revenue Proposal

  • All monies placed into special revenue fund
  • Deduct operational costs
  • Balance to fund future capital & personnel needs


Getting Started:  Illegal Alien Removal Unit

  • 8 Deputies will be needed  - 2 starting April 1, 2008 (if Inter-Governmental Service Agreement is in hand) – 6 phased in as federal revenue permits - $25,156 is available from current detention funds
  • 1 large transport van – as federal revenue permits
  • 1 transport sedan – as federal revenue permits or if detention has surplus funds remaining before end of FY 


County Manager Steve Wyatt explained that the $25,000 is excess revenue, it is not expenditure money.  This is county money that would go to fund balance.  This is money that would be available for other purposes.  If the Board wants to move forward with this, based on the revenue issues that have been addressed, perhaps as part of the plan the General Fund recovers any money that comes from it as an investment or start up funds.  The project based on the plan is self-sustaining.  It could be based on the projections.    Down the road it would be a self-contained Revenue Fund that would basically pay for itself over that period of time.  Revenue Projections are just that “projections.”  You know that you’ve made those projections after the fact. 


Assistant County Manager Selena Coffey stated that she and Amy Brantley have been working with Sheriff Davis and Captain Cochran on the numbers and one thing she suggested to the Board to give them more comfort level was to ask the Sheriff or Captain Cochran to provide a quarterly report which includes the revenues and expenditures as well as the number of inmates coming and going.  Staff will continue to work with them to keep on track.  If we do a transfer back from a special revenue fund, which is what is being discussed in the up-coming year budget to reimburse the general fund, we can show it being placed back into the fund balance. 


County Manager Steve Wyatt stated that the amount being requested is the difference between the amount the Sheriff Department has in their budget now from a revenue source that has come in such as detention fees.  They are requesting that we designate the $25,000 for this purpose with a reimbursement requirement. 


Captain Cochran further discussed the long term needs as follows:

Capital Needs

  • Video camera
  • Sally port redesign
  • Office space for ICE agents & Ice deputies
  • Generator capable of powering entire facility (required to open cell doors in emergency)
  • Replace failing air compressor lines
  • Modify existing housing unit doors

Addition to detention center for cell space



Sheriff Davis stated that the Sheriff’s Office is fully committed to using only federal money for this plan’s operation.  In his opinion this will lead to a much safer community. 


After lengthy questions and discussion Chairman Moyer requested that this item be placed back on the agenda for the March 6 meeting.


Commissioner McGrady felt that the Board needed to support the Sheriff’s initiative to address the issue of illegal aliens through the ICE 287(g) Program.  He further felt that the Board should authorize the Sheriff to hire two (2) deputies starting April 1, 2008 from county funds, conditional upon the execution of an Inter-Governmental Service Agreement with the Federal Government, and authorize the hiring of additional deputies and expenditure funds for capital expenses such as the van and car only from our revenues provided by the Federal Government or State Grants and only after reimbursement of the cost of the hiring of the additional two (2) deputies.  All of this would be conditional upon an understanding that monies generated from Federal and State sources would be placed in a special revenue fund and with the understanding that we would receive a quarterly report on the progress being made in the program, both in terms of the finances and the intention to address the criminal element.


Commissioner Williams felt that there would be greater implications than were realized.  He was concerned that the Federal Government had created a problem that had now fallen into the laps of both state and local level officials.  He stated that if we begin deportation for minor offenses it would create a panic among many in the community that we suspect to be here illegally.  If these individuals begin to be deported it may possibly affect the construction workers, hospitality industry, agriculture, etc.  These have been identified even by the Blue Ribbon Committee as being areas that we might perhaps find those folks.  There could be some very major economic impacts on this county locally and the Board needs to recognize this.  He feels there is a problem that needs to be fixed before we take extreme measures as a county.  The problem being the need for worker programs, the potential for loss in the workforce. 


Commissioner Young feels that people who hire illegal immigrants should help them by working with them and educating them to become legal immigrants with proper credentials.


Robert Heltman had waived his time to speak during public comment and spoke at this time.  He had been the Chairman of the Blue Ribbon Committee on Illegal Immigration.  Due to strong opinions on both sides of the issue the committee had not been able to solve any problems.  The committee was however in full support of the 287(g) program. 


It was the consensus of the Board to place this item on the agenda again for March 6. 



A five minute break was taken.



Finance Director Carey McLelland stated that in preparation for the anticipated construction of the new Hillandale and Mills River Elementary Schools and the approved Phase II construction at Dana Elementary, Staff mailed out a Request for Proposal (RFP) to financial institutions for financing the construction costs associated with these three projects.  Five (5) financial institutions responded to the County’s RFP.  A summary of the proposed financing rates was attached to the agenda for the Board’s review.


The proposal from SunTrust Leasing Corporation has been certified as the lowest responsive proposal received.  This bank provided a 20-year term rate of 3.92 percent and also an alternate 17.5-year term rate of 3.72 percent for consideration.


The annual debt service payment for 20 years would be $2,909,781 and for 17.5 years, the annual payment would be $3,081,436.  These annual debt service payments are respectively $596,219 and $424,564 less than the $3,506,000 annual COPs (certificates of participation) debt service payment included in the projected budget for FY2009.  Over both 20 and 17.5 year terms proposed, the interest savings from this installment contract financing over a COPs transaction would be a total of $3,049,107 and $5,274,825 respectively. 


The maximum RFP financing amount requested was $33,250,000.  Mr. McLelland made it clear that this is not the amount that he would anticipate the county borrowing.  He used a higher amount for Hillandale ($15,272,000) and Mills River ($15,905,000) which are MB Kahn estimates.  He normally uses a higher amount in the RFP just to cover ourselves in case the Board wants to move forward and he doesn’t have to come back with another resolution for them to approve.  The Board has approved $28,587,500 with the LEAD for Hillandale and Mills River.  The budget that was presented to the Board at their workshop was $3.5 million, projected annual COPs debt service. 


Sun Trust Proposal/Annual Debt Service:

20 years (3.92%)           $2,909,781

17.5 years (3.72%)        $3,081,436


Annual Debt Service Savings (Sun Trust over COPs):

20 years (3.92%)           $  596,219

17.5 years (3.72%)        $  424,564


Term Interest Savings (SunTrust over COPs):

20 years (3.92%)           $3,049,107

17.5 years (3.72%)        $5,274,825


The total amount for Dana Phase II is a little over $3.6 million.  We borrowed money for Phase I in 2005 and we still have some funds left over (primarily interest earnings) in the escrow account which is about $1.6 million.  We only need to borrow a little over $2 million to finish out the Phase II construction project. 


Staff requested that the Board consider awarding the financing to Sun Trust Leasing Corporation and to approve a resolution, of which a copy is attached hereto and incorporated as a part of the minutes, authorizing the negotiation of financing contract, to set a public hearing and publish a notice of the hearing on the draft financing documents for the Board’s March 6th meeting at 7:00 p.m., and which makes the necessary findings for the financing and authorizes Staff to make an application with the Local Government Commission (LGC) for approval.  Staff will bring back final financing documents at the March 19th regularly scheduled meeting for the Board’s approval.  LGC review and approval is anticipated at their April 1st meeting.


Commissioner Williams made the motion that the Board accept the schools financing proposal from SunTrust Leasing Corporation and to approve the resolution authorizing the negotiation of financing contract, to set and publish notice of a public hearing for March 6, 2008 at 7:00 p.m. on the draft financing documents, to make the necessary findings for the financing and authorizing Staff to begin the process of making an application with the LGC for approval, specifically pursuing the term of 17.5 years @ 3.72% fixed rate.  All voted in favor and the motion carried.



Assistant County Manager Selena Coffey stated that at the Board’s February 4, 2008 meeting, the Board asked staff to revisit and if necessary, revise the Kennel and Cattery Article under the Animal Ordinance.  Staff has redrafted the article, changing the focus from kennels and catteries to individuals with companion animals.  The idea behind this revision is to prevent animal abuse and public health problems that may arise from animal hoarding situations.


During staff review however, discussion arose as to whether or not the County’s current Ordinance dealing with animal nuisances and mistreatment of animals would adequately address the issues that stem from animal hoarding.  It was determined that the other sections of the Ordinance could address these issues, which may potentially prevent the need for the Companion Animal Article.  Alternatively, the Companion Animal Program gives the County another enforcement tool to prevent serious mistreatment and public health issues.


Staff suggested to the Board two possible options:

1.      To consider an alternative to the Kennels and Catteries Article i.e. the Companion Animal Article included below; or

2.      To consider whether or not this type of article is actually necessary and whether or not the Board wishes to regulate the number of companion animals that are permitted in a household.


§66A-86.  Companion Animal Permit.  Any individual who owns, houses, cares for more than 10 animals in their home, residence or dwelling shall first acquire a Companion Animal Permit.

A.    Standards.  The Animal Service Director shall promulgate rules for the issuance of license permits, which shall include minimum requirements for humane care of all animals and for compliance with the provisions of this and other applicable laws.

B.     Maximum Number.  Any permit shall be for a specified number of animals.  It shall be unlawful for any party to keep companion animals in excess of the permitted amount.

1.      Violation of this provision may be grounds for permit suspension or revocation and may result in the impoundment of animals or civil or criminal penalties as discussed below.

2.      Animals impounded by Animal Services under this section must be reclaimed or the decision appealed within 24 hours of the animal impoundment.  After 24 hours, the animals become the property of Henderson County.

3.      At the discretion of Animal Services and Animal Enforcement, the excess animals may be impounded at the Animal Services Center or the owner may find other homes for the animals within 14 days of notification of violation of this section.

  1. Right to Inspect.  Permitted parties must allow Animal Services and Animal Enforcement staff to inspect all animals and the premises where animals are kept at any time.  Refusal of inspection shall be grounds for permit revocation.  Lifetime Permit Fee.
  2. Permit Denial, Suspension or Revocation.  The Animal Service Director may deny, suspend or revoke any license permit if the holder refuses or fails to comply with this article, the rules promulgated by the Animal Services Director, or any law governing the protection and keeping of animals.  If a permit is revoked, the individual may not apply to reinstate the permit for 6 months and must pay the permit fee again.

1.      Appeals.  Appeals of permit denial or revocation must be made to the Animal Services Advisory Committee within 10 days of revocation or within 24 hours of animal impoundment when it occurs, which ever is earlier and shall be heard in a quasi-judicial proceeding at its next regularly scheduled meeting.

  1. Exclusions.

1.      No person convicted of cruelty to animals within the last 10 years shall be issued a license permit under this article.

2.      Litter.  Individuals whose companion animal has a litter do not have to get a companion animal permit provided the total number of animals meets the provisions of this Article after all the animals have been weaned.  Individuals may have one litter per year.


§66A-87.  Enforcement.  Failure to comply with the provisions of this Article may result in criminal or civil penalties as contemplated in §66A-19 of this Ordinance.  Violators with more than 10 animals who do not have a permit or have excess animals from their permit must pay $50 per additional animal more than 10 per day they are in violation.  Excess animals may also be impounded at the owner’s expense.  Excess animals impounded under this Article must be reclaimed within 24 hours of impoundment and then become the immediate property of Henderson County.


§66A-88. Compliance with Existing Laws.  Nothing in this Article shall be construed to conflict or supplant any federal, state or municipal laws, rules or regulations especially those concerning the licensing of kennels, shelters, or pet shop.  Not shall anything in this Article conflict with any state, local, or municipal laws regarding land use.


Lieutenant McKay stated that the Companion Animal Program in his opinion would be a good tool that he could use in the enforcement end.  Once the Board determines the number then as he approaches someone that is unable to take care of what animals they have, he has a benchmark or number that he can present to the citizen. 


County Manager Steve Wyatt stated that the animals are covered.  The other issue is the neighbors and this is when we are going to receive a call.  We have a nuisance ordinance.  He was unsure of how he felt in regards to the county going into the issue of the number of animals an individual houses.  The number of animals being housed depended on the situation. 


Associate County Attorney Sarah Zambon explained that the county ordinance would not apply to anything that is regulated by the State of North Carolina.  Our focus was to make sure there was not an overlap there to avoid miscommunication. 


Chairman Moyer made the motion that the Board adopt the Animal Ordinance Revision adding the Companion Animal Article as written.  The motion passed 4-1 with Commissioner Young voting nay.



Attorney Russ Burrell stated that the North Carolina Department of Corrections is seeking a lease agreement with the County for the Probation and Parole Office.  The Department has leased 1543 square feet of office space in the Henderson County Courthouse since 1998, and the current five (5) year lease agreement is due to expire on February 28, 2008.  By way of letter dated December 4, 2007, the Department is requesting a three year lease agreement at the current annual rate of $12,961.


The proposed lease was provided to the Board and is a one year lease that would be due to expire on February 28, 2009.  The annual lease amount would be $18,516.00 payable in monthly installments of $1,543 and is calculated at $10 per square foot per year. 


It was requested that the Board discuss and provide direction to Staff with respect to the amount and length of the lease.  The Board is further requested to authorize the Chairman to enter into a lease with the Department of Correction for the office space located at the Henderson County Courthouse, 200 N. Grove Street, Suite 90. 


County Manager Steve Wyatt questioned who the County was mandated to provide space for and who the County was mandated to provide free space for. 


Attorney Burrell responded that the County was mandated to provide the Probation and Parole Office space but not free space.  Other Counties did provide office space outside of the Courthouse to Probation and Parole. 


Commissioner McGrady suggested calling a meeting between the Staff of the Parole Office and County Staff to hear what everyone’s long term needs are, looking at statutory obligations both in terms of space, telephones, etc., and then come back with a process to get everything on the table. 


Commissioner McGrady made the motion that the Board authorize the Chairman to enter into a lease with the Department of Correction for the office space located at the Henderson County Courthouse, 200 N. Grove Street, Suite 90. Chairman Moyer amended the motion asking that Staff look to verify that we are at or close to a market rate before sending out the agreement.  All voted in favor and the motion carried.



A five minute break was taken to change video tapes.



Commissioner McGrady explained that during nominations it was his intention to nominate Jim Crafton as the Chairman of the Transportation Advisory Committee.  He therefore made the motion to nominate Jim Crafton as the Chairman of the Henderson County Transportation Advisory Committee.  All voted in favor and the motion carried.



Anthony Starr stated that at the workshop on February 18th the Board had asked Staff to make amendments to the boundary to remove the Hooper’s Creek area and look at some of the other areas to see if there were adjustments that were needed.  Commissioners Messer and Williams worked with Planning Staff to tweak the boundaries and Mr. Starr thanked them.  He felt that the boundaries now seemed logical.  The Charter was written almost identical to the Etowah/Horse Shoe Charter. 


Commissioner Williams made the motion that the Board approve the Charter and Boundary Map for the Edneyville Community Planning Committee and allow minor changes to take place in respect to the boundaries without the Board’s consent.  All voted in favor and the motion carried.


Relocation of a section of Pleasant Grove Church Road on the SEVEN FALLS DEVELOPMENT property

Anthony Starr stated that the Board had discussed this topic at the workshop on the 18th and at this point he felt that the Board wished to further discuss the item.  If the Board is willing to move forward the next step in the process would be to set up a public hearing for consideration of the draft agreement.  That process does not bind the Board into what the draft says at the time.  Additional amendment could be made based on the public input.   A draft is put out and is available for public inspection prior to the public hearing.  After the hearing, under state law, you can then enact or modify that agreement or choose not to go forward with the agreement at all. 


Chairman Moyer stated that the Board would be setting a date for a public hearing.



The Board of Commissioners at its meeting on Monday, February 18, 2008, directed staff to revise the language for the proposed text amendment 9A concerning the review of subsequent development plans for subdivisions proposing 300 or more lots.  Subdivisions with 300 or more proposed lots are reviewed and approved by the Board of Commissioners.  This includes master plans and all subsequent development plans.  As per the Boards request, Staff recommends adding the following language to §200A-308 to give the Board the option to defer the review and approval for any subsequent development plans to Planning Board, Technical Review Committee, or the Subdivision Administrator.


Anthony Starr stated that the Board had received a draft of the revised text for section of the Land Development Code.  The following would be added to the existing text:

Subsequent development plans shall be reviewed and approved by the Board of Commissioners.  However, the Board of Commissioners may delegate this approval authority, on a project by project basis, to the Planning Board or Subdivision Administrator provided all conditions of approval are met and the development plan is consistent with the approved master plan.  Development plans shall meet all requirements of the Chapter.  Final plats shall be reviewed following the processes and procedures outlined in §200A-76 and §200A-311.



There was nothing further at this time.



Steve Wyatt briefly updated the Board stating that the prior day Henderson County and the Municipalities met at LGCCA (Local Government Committee for Co-operative Action) and had a lengthy discussion in regards to the sales tax.  Finance Director Carey McLelland and County Attorney Russ Burrell explained the Per Capita, Ad Valorem, and the Agreement Methods.  Based on how he read the consensus he felt that the Municipalities would not take action this year to undo the agreement.  This will be the last year of the agreement.  LGCCA will meet again in the next 60-90 days to determine which method would be used in the future.  The Board should be able to give a report in an official capacity by the March 6 meeting.  



Chairman Moyer stated that the Legislative Conference in Washington was March 1 – 5 and Commissioner Messer, Commissioner McGrady and himself would be attending. 


Set Public Hearing on permanent closing of easements

Commissioner McGrady made the motion that the Board set a public hearing on permanent closing of easements for Monday, April 7 @ 7:00 p.m. at 100 N. King Street.   All voted in favor and the motion carried.


Set Public Hearing on Land Development Code Text and Map Amendments

Commissioner McGrady made the motion that the Board set a public hearing on Land Development Code and Comprehensive Plan Text and Map Amendments for Thursday, March 27 @ 7:00 p.m. at 100 N. King Street.  All voted in favor and the motion carried.


Set Public Hearing on relocation of Pleasant Grove Church Road on the Seven Falls property and the Seven Falls Development Agreement

Commissioner McGrady made the motion that the Board set a public hearing on the relocation of Pleasant Grove Church Road on the Seven Falls property and the Seven Falls Development Agreement for Tuesday, April 1 @ 6:00 p.m. at 100 N. King Street.  All voted in favor and the motion carried.





Commissioner McGrady made the motion for the Board to go into closed session as allowed pursuant to NCGS 143-318.11 for the following reason:  (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 and (a)(4) To discuss matters relating to the location or expansion of industries or other business in the area served by the public body.  All voted in favor and the motion carried.







   Teresa L. Wilson, Deputy Clerk to the Board                          William L. Moyer, Chairman