COUNTY OF HENDERSON JUNE 1, 2009
County Board of Commissioners met for a regularly scheduled meeting at 5:30 p.m.
in the Commissioners' Meeting Room of the Historic Courthouse on
were: Chairman William L. Moyer, Vice-Chairman
were: Associate County Attorney Sarah Zambon, Sheriff Rick Davis, Finance Director
J. Carey McLelland, County Engineer Marcus Jones, Planning Director
CALL TO ORDER/WELCOME
Chairman Moyer called the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance to the American Flag was led by Commissioner McGrady
County Manager Steve Wyatt gave the invocation.
INFORMAL PUBLIC COMMENTS
There were none.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested the addition of a discussion item - N.C. Education Lottery Fund Application, a third Closed Session item – legal advice from the attorney, and an important date – schedule a meeting with the NCDOT in regards to secondary roads. He further suggested flexibility to the order of discussion items.
Commissioner McGrady made the motion to approve the agenda with changes noted. All voted in favor and the motion carried.
There were no adjustments or changes to the consent agenda.
Commissioner McGrady made the motion to approve the consent agenda as presented. All voted in favor and the motion carried.
The Consent Agenda included the following:
Draft minutes were presented for board review and approval of the following meeting(s):
April 23, 2009 – Special Called Meeting
May 4, 2009 - Regularly Scheduled Meeting
May 7, 2009 – Special Called Meeting
May 20, 2009 – Regularly Scheduled Meeting
Tax Collector’s Report
Stan Duncan, Interim Tax Collector, had provided the Tax Collector’s Report dated May 22, 2009 for the Board’s information.
Financial Report/Cash Balance Report – April 2009
Included for the Board’s review and approval were the County Financial Report and Cash Balance Report for April 2009.
The fiscal YTD deficit in the Travel & Tourism Fund is due to the current economic situation and less revenues being collected in months that travel/lodging business is typically slower resulting in less occupancy tax collections. The Travel & Tourism Fund budget includes $173,957 in appropriated fund balance for the current fiscal year.
The fiscal YTD deficit in the CDBG – Shuey Knolls Project Fund, the Lewis Creek Restoration Project Fund and the Public Transit Fund are temporary due to the timing of actual expenditures and the subsequent reimbursement of the expenditures from grant funds in succeeding months.
I move that the Board of Commissioners approves the County’s April 2009 Financial Report and Cash Balance Report as presented.
Henderson County Public Schools Financial Reports – April 2009
Provided were the Henderson County Public Schools April 2009 Financial Reports for the Board’s information.
Staff requested that the Board consider approving the School System’s April 2009 Financial Reports as presented.
The suggested motion was:
I move that the Board of Commissioners approves the April 2009 Henderson County Public Schools Financial Reports as presented.
Western Highlands Area Authority – Quarterly Fiscal Monitoring Report (FMR) for the period ended March 31, 2009
G.S. 122C-117(c) requires the staff of the local area mental health authority to provide the County Finance Officer with the quarterly Fiscal Monitoring Report (FMR) within 30 days of the end of the quarter. The County Finance Officer is then required to provide the FMT to the Board of Commissioners at the next regularly scheduled meeting of the board. The FMR for Western Highlands Area Authority was received by the County Finance Officer on May 8, 2009.
I move that the Board of Commissioners approves the Western Highlands Area Authority Fiscal Monitoring Report for the period ended March 31, 2009.
Home and Community Care Block Grant for Older Adults County Funding Plan
Each year the Board of Commissioners is required to adopt a Funding Plan for the Home and Community Care Block Grant for Older Adults and identify the lead office or agency responsible for coordinating the County Funding Plan. At this time, the Funding Plan for Fiscal Year 2010 is estimated to be $722,595, which is an increase of $23,380 over the amount received in FY 2009. This is a State / Federal program administered at the local level. The proposed Funding Plan supports the service priorities identified for the current planning cycle.
I move that the Board appoints the County Manager’s Office as the Lead Agency and approve the proposed FY 2010 Funding Plan.
Changes to Nursing/Adult Care Home Community Advisory Committee Bylaws
The Committee reviewed its Bylaws at a subsequent meeting and suggested editorial changes to the Bylaws.
I move the Board approves changes to the Nursing/Adult Care Home Community Advisory Committee Bylaws as presented with any changes noted by the Board.
Offer to purchase tax-foreclosed property
The Wildwood Gardens Homeowners Association, Inc., has offered to purchase two parcels of real estate which were subject to a tax foreclosure by the County.
TRACT ONE: The property is described as Lot 5-18, Wildwood Gardens Subdivision, 0.08 acres, deed book PIN 96-42999653, with a tax value of $1,000.00. The offered price is the sum of Ten Dollars ($10.00).
It is believed that this lot was originally foreclosed by the County in or before 2006.
TRACT TWO: The property is described as Lot 5-19, Wildwood Gardens Subdivision, 0.08 acres, deed book PIN 96-42999653, with a tax value of $1,000.00. The offered price is the sum of Ten Dollars ($10.00).
If the Board agrees to provisionally accept either of these offers (or both), it/they would be subject to advertisement in The Times-News and ten-day period for upset bids pursuant to your policy, adopted 29 June 2005. Although not required as a courtesy it is the custom of the County to also give regular mail notice to adjoining property owners.
I move that the Board provisionally accepts the offer of Wildwood Gardens Homeowners Association, Inc., to purchase the parcel described in this agenda item, subject to the procedures required by this Board for tax foreclosure sales.
Consideration of Proposed Transit Service Renewal contract and Amendment
Formal action by the Board of Commissioners is necessary to approve extension of the Contract with WCCA.
I move that the Board of Commissioners authorize the County Manager to execute the proposed renewal contract and amendment, which establishes new rates for the service and extends the contract with WCCA through June 30, 2011.
Water Line Extension – Etowah Town Square
The City of Hendersonville has requested that the County comment on the proposed water line extension for Etowah Town Square. The proposed water line is 1285 linear feet. The project is located within the Rural Transition Area and a Commercial Service Center. This is consistent with the Henderson County 2020 Comprehensive Plan. A City of Hendersonville Project Summary Sheet, with backup documents and County Review Sheet with Staff comments, were provided for Board review and action.
Action by the Board of Commissioners is needed to either grant or deny this request. If the Board decides to approve the requested extension the following motion has been provided.
I move that the Board approve the Etowah Town Square water line extension and direct Staff to convey the County’s comments to the City of Hendersonville.
Selection of Engineering Firm for Community Development Block Grant – Warm Company sewer line improvements
The 2008 Community Development Block Grant (CDBG) Infrastructure project will assist a Henderson County business, the Warm Company, in acquiring a sewer connection. The CDBG funds will provide for approximately 2,000 linear feet of gravity sewer main with a total project budget of $200,000. As part of the procurement requirements associated with the grant, a Request for Qualifications (RFQ) for Engineering Services was advertised. A total of 8 firms submitted qualification statements.
After review of the engineering qualification statements received by the project scoring committee, it is recommended that the Board of Commissioners select William Lapsley & Associates, P.A. for the project engineering. Lapsley & Associates received the highest ranking and appears to be the most qualified firm to complete the project. Their strong reputation for quality work, extensive experience with civil engineering, CDBG grant projects, and familiarity with the project area stand out among the other firms. The submitted qualification statements are available in the Planning Department for inspection.
The Board has previously reviewed this project and approved the grant application. Planning Staff is now implementing the grant and no County matching funds are required.
Planning Staff requests that the Board select and authorize staff to contract with Lapsley & Associates, P.A., for engineering services pursuant to CDBG #08-C-1848.
I move that the Board select Lapsley & Associates for the project engineering and authorize staff to enter into a contract for engineering services with Lapsley & Associates regarding infrastructure improvements pursuant to CDBG #08-C-1848.
Renewal of lease – National Bicycle League Inc.
This league would continue in effect the standing lease with the National Bicycle League, Inc. (“NBL”), for the operation of the “BMX” track located at Jackson Park. Several years ago, NBL constructed and has since maintained the track, and has operated and supervised “BMX” events there. The current lease expires 30 June 2009. This lease would extend until 30 June 2012.
I move that the Board approves the lease for the “BMX” track at Jackson Park with National Bicycle League, Inc., and authorizes the Chairman and staff to take such actions as are necessary to execute the same for the County.
Probation and Parole Lease in 1995 Courthouse
The current lease between Henderson County and the Department of Corrections (DOC), Probation and Parole for the space in the 1995 Courthouse expired February 2008. Since the expiration of the Lease, we have been continuing month to month at the last rate of $1080.10 per month for approximately 1,543 square feet. Previously the Board responded to the renewal of the Lease with a proposed Lease closer to the market rate of $1,543 per month. Mr. Ron Moore with DOC responded that their policy will only allow for an increase of 4% to $1,123.30 which is reflected in the attached proposed Lease. DOC’s proposed Lease is for three years: one year with two yearly extensions. The consideration of the Lease renewal has been on hold pending the resolution of the overcrowding problem in the 1995 Courthouse. Since Probation and Parole are not identified to relocate out the Courthouse, renewing the Lease is appropriate. Also note, the Leased square footage of Probation and Parole is for 1,543 sf which is less than the actual square footage occupied. From our space studies, they are occupying approximately 7,000 sf. Mr. Moore explained that the 1,543 reflects the space allocated per policy and the remaining space is provided by the County without compensation from the State and outside of the Lease. In addition to DOC policy, the Leased space is based on specific rooms in the Courthouse. These rooms are located within the Adult Probation area.
Staff requests that the Board consider approving the attached Lease for Probation and Parole for office space in the 1995 Courthouse.
I move that the Board approves the Lease for Probation and Parole for office space in the 1995 Courthouse.
WCCA Community Service Block Grant Application
The Western Carolina Community Action (WCCA) FY 2009-2010 Application for funding for the Community Services Block Grant Program was provided. WCCA requested 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 3 of a 3-year cycle. No County funds are required to fund these programs.
The Board originally approved the application at the March 2, 2009 meeting. However, the State requested that WCCA make some changes to the application. Also, an additional $16,000 has been added to the program at the federal level since the application was originally approved by the Board.
Staff recommends that the Board of Commissioners endorses WCCA’s FY2008-2009 Application for Funding and authorize the Chairman to execute the required documents.
I move that the Board endorses this application and authorize the Chairman to execute the required documents.
Notification of Vacancies
The Board was notified of the following vacancies which will appear on the next agenda for nominations:
1. Dana Communities Planning Committee – 9 vac.
1. Alliance for Human Services – 1 vac.
Commissioner McGrady nominated Amy Brantley for position #1. Chairman Moyer made the motion to accept the appointment of Amy Brantley to position #1 by acclamation. All voted in favor and the motion carried.
2. Blue Ridge Community College Board of Trustees – 2 vac.
Commissioner Williams nominated for reappointment William Farrell for position #1 and Chip Gould for position #3. Chairman Moyer made the motion to accept the reappointments by acclamation. All voted in favor and the motion carried.
3. Cane Creek Water and Sewer District Advisory Committee – 5 vac.
Commissioner Messer nominated for reappointment Charlie Messer for position #1, P. Richmond Meadows for position #2, John W. Davis for position #3, Jeff Young for position #6, and Billy Johnston for position #7. Chairman Moyer made the motion to accept the reappointments by acclamation. All voted in favor and the motion carried.
4. Child Fatality Prevention Team – 1 vac.
Dr. Diana Curran, Chair of the committee had made a recommendation for nomination of Diana Sierra for position #6. Chairman Moyer nominated Diana Sierra for position #6 and further made the motion to accept the appointment of Diana Sierra to position #6 by acclamation. All voted in favor and the motion carried.
5. CJPP (Criminal Justice Partnership Program) – 2 vac.
There were no nominations at this time so this item was rolled to the next meeting.
6. Environmental Advisory Committee – 4 vac.
Commissioner McGrady nominated for reappointment Jeff Jennings for position #2, Ronald Ehlinger for position #4, and Jim Fickes for position #8. Chairman Moyer made the motion to accept the reappointments by acclamation. All voted in favor and the motion carried. Commissioner McGrady nominated for appointment Richard Freudenberger for position #6. Chairman Moyer made the motion to accept the appointment of Richard Freudenberger to position #6 by acclamation. All voted in favor and the motion carried.
7. Fire and Rescue Advisory Committee – 3 vac.
Commissioner McGrady nominated for appointment John Cudd for position #1 and Chris Moore for position #5. Chairman Moyer made the motion to accept the appointment of John Cudd to position #1 and Chris Moore to position #5 by acclamation. All voted in favor and the motion carried. Commissioner Messer nominated Jay Alley for position #7, which is a Committee nomination position. Fire Marshal Rocky Hyder recommended Bobby Dotson for position #7. The Fire and Rescue Advisory Committee would be given both names and bring a recommendation back to the Board.
8. Henderson County Board of Health – 4 vac.
Commissioner Young nominated for reappointment Jennie Y. Hernandez for position #4, Jack Romer for position #6, and Mr. Terry Hicks for position #10. Chairman Moyer made the motion to accept the reappointments by acclamation. All voted in favor and the motion carried.
Commissioner Young noted that position #11 was vacant at this time and recommended that this position be designated as a Faith Community Member. Further discussions will be held in regards to this suggestion by the Board of Health.
9. Henderson County Historic Courthouse Corporation – 3 vac.
There were no nominations at this time so this item was rolled to the next meeting.
10. Hendersonville City Zoning Board of Adjustment – 1 vac.
There were no nominations at this time so this item was rolled to the next meeting.
11. Historic Resources Commission – 2 vac.
Commissioner McGrady nominated Dries Jansma for position #7. Chairman Moyer made the motion to accept the reappointment of Dries Jansma to position by acclamation. All voted in favor and the motion carried.
12. Jury Commission – 1 vac.
There were no nominations at this time so this item was rolled to the next meeting.
13. Juvenile Crime Prevention Council – 22 vac.
Commissioner McGrady nominated for reappointment Rob Curtis for position #1, Nathan Stallings for position #4, Rodney Wesson for position #5, Rose Stouder for position #6, Ms. Jerrie McFalls for position #7, Selena Coffey for position #8, Bill Moyer for position #11, Sheila Devine for position #16, Joseph Glowacki for position #20, and Mary Murray for position #22. Chairman Moyer made the motion to accept the reappointments by acclamation. All voted in favor and the motion carried. Commissioner Messer nominated for appointment Michael Cox for position #3 and Linda Carter for position #19. Chairman Moyer made the motion to accept the appointment of Michael Cox to position #3 and Linda Carter to position #19 by acclamation. All voted in favor and the motion carried.
14. Library Board of Trustees – 1 vac.
Commissioner Young nominated for reappointment Morton Lazarus for position #4. Chairman Moyer made the motion to accept the reappointment of Morton Lazarus to position #4 by acclamation. All voted in favor and the motion carried.
15. Mountain Area Workforce Development Board – 2 vac.
Chairman Moyer nominated for reappointment Dr. Molly Parkhill for position #4 and further motioned to accept the reappointment by acclamation. All voted in favor and the motion carried.
16. Nursing/Adult Care Home Community Advisory Committee – 4 vac.
Commissioner McGrady nominated for reappointment Julianne Kilcullen for position #2, Dauna Donato for position #7 and Calvin Titus for position #9. Chairman Moyer made the motion to accept the reappointments by acclamation. All voted in favor and the motion carried. Chair Nuala Fay had recommended Everett Sauer for position #17 and Chairman Moyer made the nomination. Commissioner McGrady made the motion to accept the appointment of Everett Sauer to position #17 by acclamation. All voted in favor and the motion carried.
17. Senior Volunteer Services Advisory Council – 1 vac.
There were no nominations at this time so this item was rolled to the next meeting.
18. Smartstart – 1 vac.
There were no nominations at this time so this item was rolled to the next meeting.
Chairman Moyer noted that a number of applications have been received for the Dana Community Planning Committee and the plan is to begin making appointments at the July 6, 2009 meeting.
N.C. Education Lottery Fund application
Finance Director Carey McLelland stated that official notification has been received that Henderson County would be receiving a lottery distribution. The amount was actually $393,540.00 which is the largest distribution we have received in 2009 thus far.
Staff requested that the Board consider approving the N.C. Education Lottery Fund Application for $398,697.37 to pay for current fiscal year debt service on the new Sugarloaf Road Elementary School project. There is no match requirement to pull down lottery funds. This application will be presented to the Board of Education for approval at their next possible meeting.
These funds have been budgeted as revenue in the current fiscal year to pay school debt service. An application to use lottery funds requires approval from both the Board of Commissioners and the Board of Public Education.
Commissioner Young made the motion that the Board of Commissioners approves the N.C. Education Lottery Fund application as presented. All voted in favor and the motion carried.
Mr. McLelland stated that if Henderson County had received an ADM distribution for the past quarter it would have been the same date. To date he has not received any official notification that those funds are going to flow from the State budget office. He is hopeful that it has just been delayed. We are running a deficit in that particular fund at this time.
Chairman Moyer asked the County Manager if ADM funds arrive if the Board would have to take action to withdraw them.
Mr. Wyatt responded that it would have to be approved and suggested that the Board go ahead and authorize the Chairman’s signature.
Commissioner Williams made the motion that the Board authorizes sending the application for any ADM monies as soon as they become available, and that the application of withdrawal may be signed and submitted by the Chairman. All voted in favor and the motion carried.
SHOP/DINE HENDERSON COUNTY UPDATE
Bob Williford, President of the Henderson County Chamber of Commerce, updated the Board on the Shop/Dine Henderson County Campaign that began on November 23, 2008. The total budget for Shop/Dine was $23,500.00. To date $23,427.58 has been spend with $72.42 remaining in budget.
RECOMMENDATION FOR COMMISSION APPOINTMENT OF CAP-DA LEAD AGENDY IN HENDERSON COUNTY
Community Social Services Program Administrator 2 Penny Summey stated that staff was making a recommendation of appointment for lead agency for the Community Alternative Program for disabled adults (CAP-DA).
The Board of Commission appoints: (a) a lead agency to administer the Community Alternatives Program for Disabled Adults (CAP-DA); and, (b) provides the NC Division of Medical Assistance (DMA) a letter of designation with effective date.
Weighing the following strengths, Park Ridge Hospital is recommended for appointment as Henderson County’s CAP-DA lead agency:
Mission includes community service development and outreach services
Large, stable hospital with extensive medical resources and service depth
Active participation and leadership in community-based services to elderly and disabled, including Partnership for Independent Living, Health Aging Coalition, and Home and Community Care Block Grant Committee
Medicaid procedure and billing expertise and established working relationship(s) with state and county Medicaid office(s)
Home health provider
Capacity to directly contract with NC DMA and handle all transitional arrangements and requirements with Pardee and NC DMA
Diane Sedgwick, Director of Home Health Agency stated that Park Ridge Hospital is truly committed to the health and wellness of Henderson County and the community. This is an opportunity for them and blends in with what they are doing.
A request was made for the appointment of Park Ridge Hospital as lead agency to administer Henderson County’s CAP-DA Program.
Commissioner Williams made the motion that Park Ridge Hospital be appointed as CAP-DA lead agency for Henderson County and a letter of designation be sent to the NC Division of Medical Assistance with the effective date of July 1, 2009. All voted in favor and the motion carried.
REVIEW SPECIAL INTENSITY ALLOCATION (SIA) application WD-2009-04-01, SUBDIVISION FOR EXISTING FLAVOR 1ST GROWERS AND PACKERS INC.
Commissioner Mark Williams requested that he be recused from both SIA Applications as he is employed by Flavor 1st Growers and Packers, Inc., the applicant.
Chairman Moyer made the motion that the Board grants Commissioner Williams request to be recused from participation and voting on WD – 2009-04-01 and WD – 2009-04-02. All voted in favor and the motion carried.
Natalie Berry presented the first application submitted by Brian D. Rose, President, on property located in Mills River Township, for approval of a subdivision of an existing parcel of land where an existing business is located ( 331 Banner Farm Road) on March 31, 2009. The existing business Flavor 1st Growers & Packers, INC has an existing structure with associated parking and sidewalks. The total impervious surface is 120,546 Square Foot. The application (Brian D. Rose, President) has proposed to recombine two parcels and then re-subdivide to clean up property boundaries of the existing business. The applicant request that the two proposed tracts be subdivided such that tract “One” being 8.99 acres and remaining tract “Two” will be combined to another tract in application WS-2009-04-02 to create a second tract for Flavor 1st Growers & Packers, INC. Tract “One” is the tract requesting a Special Intensity Allocation (SIA) permit. Tract “B” will request a Special Intensity Allocation (SIA) permit under separate application. The proposed Tract “One” meets all criteria set for a SIA permit.
The applicant proposes to resurvey the property to include the entire manufacturing plant and associated parking to be on one parcel of land.
History of Property
The property received a Special Intensity Allocation permit on June 1, 2004. Impervious surface was 57 percent at that time and 3.12 acres was removed from the allocation. On April 19, 2005, Mountain Bean Growers applied for a watershed permit to expand the manufacturing plant. The applicant had brought a new survey combining three parcels together to create one single parcel at 24.41 acres. The watershed permit was issued and the impervious surface was at 14 percent. March 31, 2009, the applicant requested a Special Intensity Allocation permit to redefine the property boundaries. The current property boundaries according to on-line GIS on March 31, 2009 were shown. There is a discrepancy on parcel boundaries: Plat 5450 recorded April 19, 2005 has all three parcels combined. On-line GIS does not reflect that recorded plat. The newly created parcel will be 8.99 acres. The previous 3.12 acres will be placed back into the allocation prior to removing 8.99 acres if approved. The impervious surface would be 69 percent.
Category 3 has a total of 25.593 acres; this application removes 8.99 acres from the total if approved. Since the original 3.12 acre parcel already applied for an SIA in 2005, I added back this amount so as not to remove the same 3.12 acres twice. This would leave 19.723 acres for future projects located in the WS-III Balance of Watershed district. The Watershed Administrator recommends approval of project as submitted.
Commissioner Young made the motion that the Board approves the application for Special Intensity Allocation WD–2009-04-01 (WS-III Balance of Watershed) for Flavor 1st Growers and Packers INC. as submitted. The vote passed 4-0 with Commissioner Williams being recused.
REVIEW SPECIAL INTENSITY ALLOCATION (SIA) application WD-2009-04-02, SUBDIVISION FOR EXISTING FLAVOR 1ST GROWERS AND PACKERS INC.
Natalie Berry presented an application by Brian D. Rose, President, on property located in Mills River Township, for approval of a subdivision of an existing parcel of land where an existing business is located on March 31, 2009. The proposed business Flavor 1st Growers & Packers, INC has an (12,000 Square Foot) building with associated parking and sidewalks (171,765 Square Foot). The total impervious surface is 183,765 Square Foot. The application (Brian D. Rose, President) has proposed to combine two parcels to create the new boundary for the proposed business. The applicant request that the two proposed tracts be subdivided such that tract “Two” being 15.42 acres will be the result. Tract “Two” is the tract requesting a Special Intensity Allocation (SIA) permit. Tract “One” will request a Special Intensity Allocation (SIA) permit under separate application. The proposed Tract “Two” meets all criteria set for a SIA permit.
The applicant proposes to construct a new manufacturing plant and associated parking on one single parcel. April 19, 2009 the applicant brought in a new survey combining three parcels together to create one single parcel at 24.41 acres. March 31, 2009 the applicant requested a Special Intensity Allocation permit to redefine the property boundaries and construct a new manufacturing plant. There is a discrepancy on parcel boundaries: Plat 5450 recorded April 19, 2005 has all three parcels combined. On-line GIS does not reflect that recorded plat. The newly created parcel will be 15.42 acres. The impervious surface would be 27 percent.
Terry Baker with Associated Land Surveyors, representing Flavor 1st, stated that they now have plans to build a new building on the parcel which will not connect with the other building. The first part will be a storage type facility with room to be able to add on or add another building in the future. This will clean up the boundary lines as one building was built on the property line.
Category 3 has a total of 19.723 acres; this application removes 15.420 acres from the total if approved. This would leave 4.303 acres for future projects located in the WS-III Balance of Watershed district.
The Watershed Administrator recommends approval of project as submitted.
Commissioner McGrady inquired if this application is approved, what would happen when the remaining Watershed III area is gone.
Ms. Berry responded building stops. It goes back to 24% which is allocated by right. There would 4.3 acres left if this application is approved unless she reclaims some that does not get built on.
Commissioner McGrady made the motion that the Board approves the application for Special Intensity Allocation WD–2009-04-02 (WS-III Balance of Watershed) for Flavor 1st Growers and Packers INC. as submitted. The vote passed 4-0 with Commissioner Williams being recused.
improvement guarantee extension for phase I and IIa OF THE SEVEN FALLS GOLF AND RIVER CLUB DEVELOPMENT
Anthony Starr stated that on July 2, 2007 the Board of Commissioners issued an improvement guarantee for Phase I of the development known as Seven Falls Golf and River Club. The developer posted with the County an irrevocable letter of credit in excess of $6 million to cover the cost of the improvements ($5,067,470) and required 25% contingency ($1,266,867). The Developer proposed completing improvements on or before June 1, 2008. The developer completed an estimated $1.4 million of the $5 million in improvements during the period from June 1, 2007 through June 23, 2008.
On July 23, 2008 Planning Staff issued an improvement guarantee for Phase IIA and which provided an extension of improvement guarantee approval for the remaining improvements in Phase I. The developer posted with the County a bond in the amount of $6 million to cover the cost of the remaining improvements in Phase I ($3,662,550) and the required improvements in Phase IIA ($1,094,350) with a required 25% contingency ($1,189,225). The Developer proposed completing improvements on or before June 1, 2009.
Mr. Bill Lapsley of William G. Lapsley and Associates, representative to the developer, Keith A. Vinson, Manager of Seven Falls, L.L.C. are requesting a two-year extension of the improvement guarantee for Seven Falls Phases I and IIA. The applicant has indicated the reason for the extension request is incomplete improvements resulting from lengthy delays in obtaining water and sewer system approvals. The Developer’s intent is to include much of this subsurface water and sewer infrastructure beneath the internal road network which has prevented any road work beyond grading.
The developer would be required to post with the County a bond or irrevocable letter of credit in the amount of at least $5,926,374 to cover the cost of remaining improvements $4,741,100 ($3,646,750 in Phase I; $1,094,350 in Phase IIA) and the required 25% contingency ($1,185,274). The applicant is requesting the ability to complete the improvements on or before July 1, 2011.
Planning Staff recommends the Board of Commissioners grant a one year extension of the existing improvement guarantee for Phase I and IIA to complete the improvements. Planning Staff recommends an extension requests be granted at one year intervals to evaluate the progress of the improvements. The Board has the authority to execute the bond at which point the County or a bonding company would be overseeing the remaining improvements; approximately $5 million worth on the site. A lot of time would be involved managing this and he was not certain this would be an ideal scenario but was a consideration.
Chairman Moyer noted that the developer of Seven Falls has turned over the site for the fire station which they committed to do to the fire department; the deed will be recorded tomorrow and ownership of the land will be in the fire department. The builder for the station is hopeful to move relatively soon on the station. It was indicated that the water and sewer would also be started shortly.
Attorney Russ Burrell stated that both houses of the legislature have passed legislation that would extend all of the permits that have already been granted for Seven Falls for a period at least through 2010. There is some difference in the two houses language and this should be ironed out in conference committee. You are dealing with a situation where the odds are very good that the legislature is going to extend the permits that you have already granted without any further action by the Board. This agenda item is only for the improvements guarantees that are authorized and will continue to be authorized.
Commissioner McGrady asked if this were specific legislation to Seven Falls or general legislation specific to all developments in North Carolina.
Mr. Burrell stated it was legislation to all developments in North Carolina.
Commissioner McGrady questioned if the original approval of this subdivision came forward as a vested rights proceeding.
Mr. Burrell responded that there is a development agreement which is contractual vested rights.
Commissioner McGrady questioned if the Board extends the improvement guarantee would they not be extending the underlying agreement regarding development.
Mr. Burrell stated this is true though the legislation in the legislature expressly extends those types of agreements as well basically into 2010.
Commissioner Moyer supports the 1 year but to make sure we are protected, as part of the motion that the new bond would be in the County’s hand at least 10 days and have a chance to verify it before the old bond expires.
Mr. Starr explained that as a matter of practice, planning staff requires that any letter of credit or bond be 45 days past our agreement date.
Commissioner McGrady made the motion that the Board grants a one year extension of the existing improvement guarantee for Phases I and IIA of the Seven Falls Golf and River Club Development, extending approval through June 1, 2010. All voted in favor and the motion carried.
FY2009-2010 BUDGET DISCUSSIONS
County Manager Steve Wyatt stated that on May 22, Selena Coffey and Amy Brantley put together a list of outstanding budget issues that came along during the discussions at the workshop. Thirteen issues were identified and others may have arisen since that time.
County staff received late notification that we will receive an additional $5,997 in Home and Community Care Block Grant funds in the upcoming fiscal year. Staff requests that the Board approve this addition to expenditures and revenues as there are no County dollars in this program. Additionally following information explains a change that has been requested in the overall County budget or funding for this program.
FY 2009-2010 Budget
Outstanding Issues carried from May 20th Budget Workshop
1. Two DSS positions recommended for elimination: Volunteer Services and Computer Support
Addition to budget
2. Repair/replace fiber link between E911 Center and Historic Courthouse
Addition to budget
3. Back-up generator for IT and Detention Center
Addition to budget
To be determined
4. School Budget appropriation for School Resource Officers. HCPS has budgeted $257,859 in State At-Risk funds for four Sheriff’s SROs at North, East and West High Schools and one at Balfour. Funding from the state for SROs is currently $37,838 per school, so for four locations is $151,352. The current funding formula of $37,838 per SRO will be cut by the state next year, but the amount is unknown.
Possible addition to budget
Up to $68,648
5. Status of currently frozen but funded positions following adoption of FY2020 budget
Currently funded -
Subtraction if cut
6. Fuels costs – amount per gallon used to compute budgeted allocation. $4.00 a gallon used. $850,000 total fuel budget, $752,000 in General Fund.
If reduced it would decrease
Each $.025 cent incremental reduction = $47,000
7. Economic Development / Chamber Building
8. Payoff schedule for debt service on the 6th Avenue Clubhouse
Current balance is $197,547.61. Annual debt service payment = $34,012 with final payment in FY2015
9. Health Department Overflow Parking Lot
Addition to budget
Gravel = $11,000
Pavement = $25,000
10. Schools expansion request
Current = $187,017
Capital = $345,000
11. Freezing appropriation of capital funding to schools based on State ADM decision
Reduction if froze
12. Property/Liability Insurance reduction
13. Tax Function consolidation
To be determined
Frozen/Funded Positions in Fy2009-2010 Budget*
Department Position Position # TOTAL
County Manager Administrative Assistant 403002 $60,301
Human Resources Benefits Coordinator 405004 $66,501
Garage Vehicle Mechanic 420002 $44,250
Animal Services Office Assistant III 438010 $35,981
Health Phy Ext 351002 $87,851
Health Public Health Nurse II 351011 $60,799
Health Foreign Language Interpreter 351012 $35,559
Library Librarian II 611010 $54,606
Revaluation Reserve Property Appraiser 417009 $48,148
Additional Issues/Amendments to Budget as proposed May 4, 2009
Account Item Amount
Home and Community Care Block Grant Expenditure
Home and Community Care Block Grant Revenue
WCCA Grant Match – 100% funding toward administrative local match
Changes to the inspections fee schedule requested by staff to more accurately reflect how commercial inspections are calculated.
Commercial – Fees are based on dollar value of each building
For the first $10 million in value of each building
$7.00 per $1000.00 + $50.00 ($50.00 minimum)
For value over $10 million for each building
$3.50 per $1,000.00
50% of original fee
Private on-site water and sewer systems
Straights – Electrical, Plumbing, Mechanical
Minimum Inspection Fee
Penalty for starting work without permit
100.00 + double permit fee
County Manager Steve Wyatt addressed an additional item. They have been negotiating Property liability insurance and we see a possible savings at renewal of $210,000.
A break was taken in order to change video tapes.
PUBLIC HEARING – 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (#06-c-1600) cLOSEOUT FOR sHUEY kNOLLS pHASE iii
Commissioner McGrady made the motion that the Board to go into public hearing. All voted in favor and the motion carried.
Planner Parker Sloan stated in 2006 the Board of Commissioners partnered with Habitat for Humanity by applying for and receiving a Community Development Block Grant (CDBG, Grant # 06-C-1600) in the amount of $189,840.00. The CDBG Housing Development project assisted Henderson County Habitat for Humanity to increase the amount of affordable housing available to county residents. In 2008, the Board of Commissioners approved Phase III for the Shuey Knolls. The CDBG funds provided 1,200 linear feet of water line and road improvements to serve 21 homes in Phase III of Shuey Knolls. The County began the request for proposal process in 2008 and the project was completed in the spring of 2009. A public hearing is required to formally closing out the grant.
Staff provided a brief presentation on the Shuey Knolls Phase III project to the Board. In 2006 the Board of Commissioners partnered with Habitat for Humanity by applying for and receiving a Community Development Block Grant (CDBG, Grant #06-C-1600) in the amount of $189,840.00. These funds were used to assist Habitat for Humanity’s Shuey Knolls development by increasing the amount of affordable housing available to county residents.
The increasing popularity of Henderson County as an area to relocate or retire to has created a shortage of affordable housing ownership and rental options for low/moderate residents of the area. The Asheville Metropolitan Statistical Area (MSA), of which Henderson County is part, has one of the highest rates of housing cost increases in the country. In many instances, the only affordable housing ownership option is manufactured housing, which does not build the equity like stick built or modular units. Henderson County Habitat for Humanity’s Shuey Knolls subdivision is one attempt to offset the affordability housing gap within the county by building quality single family housing that is both affordable and builds equity for low/moderate income residents.
In July 2003 the Planning Board approved the Master Plan for the Shuey Knolls neighborhood project. Shuey Knolls neighborhood is a phased development. Over a five year period, approximately eighty (80) new single family homes, and the infrastructure needed to support the new construction will be built for sale to low to moderate residents of Henderson County.
In 2008, the Board of Commissioners approved CDBG funding for Phase III of Shuey Knolls.
The Phase 3 project assisted Habitat for Humanity in providing 1,200 feet of water line and road improvements to serve 21 homes. Increasing Henderson County’s affordable housing stock.
The County began the request for proposal process in 2008 and the project was completed in the spring of 2009.
The project came in well under budget and the scope of work was increase to maximize use of the grant. As a result, additional site stabilization improvements were installed. This change will allow for better water quality and reduced long term costs in the future.
When Phase three is completely built out, the homes will look similar to the homes in Phase two.
There is one more Phase left in Shuey Knolls and construction should start sometime soon in 2009. Henderson County Habitat for Humanity’s Shuey Knolls subdivision is just one attempt to offset the affordability housing gap within the county by building quality single family housing that is both affordable and available for low or moderate income residents.
The Shuey Knolls neighborhood is located in Edneyville on the south side of US Hwy. 64 and is adjacent to the new Edneyville Community Center that will also benefit community residents.
No action is required by the Board.
There was none.
Commissioner McGrady made the motion for the Board to go out of public hearing. All voted in favor and the motion carried.
pUBLIC heARING – fy2009-2010 BUDGET PUBLIC HEARING
Commissioner Messer made the motion that the Board to go into public hearing. All voted in favor and the motion carried.
The purpose of this public hearing is to receive citizen input on the FY 2009-2010 Budget.
Chairman Moyer stated the rules with respect to comment. Each citizen would be allowed to speak for four (4) minutes.
1. Karen Mathieson – Ms. Mathieson teaches at Hendersonville High School and spoke on behalf of the teachers of Henderson County. These are challenging times. Our legislatures are charting waters that are unknown or at least unfamiliar to them and there are very unsure as to the course of state. People are afraid of the unknown. Teachers tend to be optimistic by nature and they know something about learning. It is human nature to pay closer attention and learn quicker when there are emotions involved. Rather than stand around wringing our hands, teachers in Henderson County have decided to adapt a new motto “A Challenge is a terrible thing to waste”. Educators call it learning opportunities. They know how to recognize them, utilize them, and teach them with valuable lessons. That’s what teachers are about. However, they who are not the policy and decision makers can only continue to function as teachers and citizens and role models in our schools and in our community when they have faith in our decision makers. They have faith in their superintendent, their senior staff, and their school board; and they have faith in the Board of Commissioners, who is charged with the responsibility of funding our schools. The teachers wish the Board of Commissioners could spend more time with them so that they could really see what it takes to make a difference. The teachers know how difficult it is for the Commissioners to make wise decisions with fewer resources and they want the Commissioners to know that they sincerely appreciate all they do. The teachers respect the process that the Board goes through to make the good decisions. In teaching school, the teachers work in a culture of waiting their turn, not having enough, using it carefully, using less of it, making do with or without it, and finally making something out of nothing. Talk about reduce, reuse and recycle, they were green before it became fashionable. They are not complaining, they just need to know that the Commissioners are there for them and then the teachers can help the Commissioners to create a sense of calm and confidence in these troubled times. The teachers have no money to hand out to solve financial problems but they can show others how to have faith in our democratic systems by continuing to find those learning opportunities and accepting the challenges (by teaching). From Henderson County teachers, Ms. Mathieson thanked the Board for their willingness to make the difficult decisions and leadership.
2. William Alexander – Mr. Alexander appeared on behalf of Grant investment Group, LLC. Mr. Rick Grant was present also to make comment. Specifically they were concerned with the schedule of building permit fees that the Board normally adopts as part of the budget process. They are not concerned about what will be taken from the county budget, rather what they will be putting into it.
3. Rick Grant – Mr. Grant is a local general contractor, developing a large project in Henderson County. Recently when they were putting their budgets together, he became very quickly aware that Henderson County’s building fee schedule, unlike most other municipalities, is not a graduated fee schedule. It is very much in line for lower cost projects with surrounding municipalities but it apparently never contemplated a project the size of his with the first part at $77 million. When they calculated the building permit fee cost it quickly got their attention when it was over $500,000 for the permit fee. They then compared this to other local municipalities and it is four times the cost in Buncombe County, two times the cost in Asheville and three times the average cost across the state in the areas they looked at. The Planning Department was made aware of this and Anthony Starr has worked with them and held several meetings with them. The budget the Board is considering has a reduced fee schedule for larger projects, however they still believe that this fee schedule is not equitable. They do not wish to make a negative impact on the county. They want to cover the county’s cost for doing the inspections for their project but they don’t believe that the new schedule which requires them to pay three times the fee in Buncombe County or two times the state average is equitable. They do not believe that the county’s cost will be anywhere close to these fees based on the many years of experience they have in the building industry. Within the next couple of days he would have a memo to each Commissioner stating their position and their fact finding analysis. He provided a handout that contains the fees as calculated in the other municipalities throughout the state. He feels this issue should have further discussions and hopes the Board will allow further discussions with them before approval of this part of the budget. Mr. Alexander concluded with the following: The North Carolina legislature clearly authorizes the Board to establish reasonable and necessary fees to defer cost in building inspection. They respect this and this project in no form or fashion wants to be a negative drain on county resources. They want to pay the cost for inspections but believe there is a method that can be discussed and applied which would prevent them from essentially paying the equivalent of impact fees.
4. Linda Block – Ms. Block coordinates the Lead Poisoning Prevention Program serving both Buncombe and Henderson County. Ms. Block provided a grant proposal which was submitted for funding. This non-profit has been in existence for thirteen years and has been in Henderson County for the last five years. This program is used to try to prevent lead poisoning. They work together with the Henderson County Health Department. The Health Department works with children who already have lead in their system. Ms. Block stated that their proposal is to continue and increase inspections that they are doing in homes in Henderson County. Houses built before 1978 with small children are at risk. If this program is funded they can inspect the houses for free. More public education is needed; they do some in Henderson County however they are based in Asheville. In order to do inspection they use a piece of equipment called x-ray fluorescence spectrometer. This piece is an antique and has become obsolete this year. It continues to function and function quickly. By placing it on an object it x-rays through the object and detects any lead. The normal amount of lead in a human body is 0. Young children are especially susceptible to getting effected by lead. After visiting homes approximately 2/3 have done some action to order to improve their homes after the inspection is complete. Ms. Block is asking for funding to help buy a new XRF. The cost is approximately $22,000 and they have raised approximately one half of it. They are asking Buncombe County and Henderson County for funds to help them to continue doing what they do and increase their services in Henderson County. They plan to do more outreach to the medical community and educate more doctors and nurses. Children are supposed to be tested on a regular basis for lead. She doesn’t feel that this is being done enough in Henderson County as only 65% of the children are being tested and it should be 100%. Medicaid requires 100%. They offer education to contractors; the people who renovate old homes are poisoning themselves and the owners if they do not know how to do it correctly. A new law will force them to get training by April, 2010. (Chairman Moyer recommended that Ms. Block approach United Way or the Community Foundation for assistance) Ms. Block responded that they had received $7000 toward the XRF from the Community Foundation. (Chairman Moyer further recommended the Alliance for Human Services who normally does the Henderson County Human Services funding.) Ms. Block responded they had not.
5. Paul Trani – Dr. Trani is a pediatrician at Blue Ridge Community Health Services in Henderson County. He has worked closely with Linda Block in the Lead Poisoning Prevention Program since he began practice in Henderson County four and one half years ago. He was not trying to convince the Commissioners to be pro or anti-lead poisoning; no one is pro lead poisoning. As a medical doctor he previewed some of the salient features of lead poisoning. Most people realize that lead is toxin and does not belong in the body. One of the more interesting things coming out in medical literature currently is information about chronic low level exposure to lead and its affect on the growing brain; specifically behavioral developmental and intelligence programs that are associated with children who have chronic low level exposure to lead. The Health Departments in both Buncombe and Henderson County operate on the current standards set by the US Department of Health of an elevated lead level being ten micrograms per deciliter. This is considered to be a lead intoxication, not a poisoning, but could be detrimental to a child’s health or development. This program goes a step beyond as they start working with families for children who have lead exposure levels between five and nine micrograms per deciliter. The Health Departments do not do site visits to try to help prevent the continued chronic exposure to lead in their homes. It is important that we are testing children on a regular basis for lead exposure. Statistics are available for the rates of testing done in various pediatric and family practices for both counties for the past thirteen years. The Lead Poisoning Prevention Program provides home visits, bilingual languages of the families being served, and free of cost.
6. Adrianne Weir – Ms. Weir is with the Lead Poisoning Prevention Program. She has been with them for three years. There is a new regulation by EPA; renovation, remodeling and paint maintenance regulation that should be in full force by April 22, 2010. This regulation was partially motivated because of the correlations that have been shown over the years between children’s lead exposure, renovations being performed in their house or being in an environment where a renovation has been performed and proper safe guards were not taken into account when the work was done. There is lots of research coming out in recent years about aging and the affects of occupational lead exposure. There are correlations between dementia, cataracts, kidney disease, and high blood pressure in the aging population that had been previously exposed occupationally. A large number of people are affected by lead dust left behind. They want to continue being a resource for the whole community.
Commissioner Young made the motion for the Board to go out of public hearing. All voted in favor and the motion carried.
Chairman Moyer noted that the agenda contemplates a proposed schedule that has not been approved by the Board yet. The Board will be considering it later. The Board will finish discussion items and return to the agenda. The agenda proposes that there be a thorough discussion of all issues and then an additional meeting be set next week to approve the budget. The Board has pushed this back in order to get as much information as possible from the state but we still do not have all of the information. If a dire situation should occur we have until June 30 to complete the budget and it could be put off until that date.
RECREATION FEES: NON-COUNTY RESIDENT FEES
Recreation Director Tim Hopkin stated that staff has been asked to research the issue of charging differential fees for out‐of‐county residents and limiting the number of hours for usage of recreation facilities per individual (such as shelters, fields, amphitheater and community centers). The Recreation Department currently charges a $15 participation fee for non‐county residents for its programs, but does not charge a non‐county resident fee for reservation of fields, shelters or community centers.
In its research, staff has determined that Buncombe County and the Town of Black Mountain charge non‐resident fees for the use of their facilities, but other neighboring jurisdictions do not.
In its research, staff has determined that it would be appropriate to charge a non-county resident fee for the rental of athletic facilities (such as fields and courts), shelters and community centers, as well as limiting the amount of time that these facilities can be reserved to a 4‐hour block of time per individual/group. The only exception would be for a full‐day field rental for tournaments or other major sporting events. Additionally, staff proposes that a $20 fee be assessed for non‐county residents for these reserved facilities. This fee will be charged in addition to the normal fee. Proof of in‐county address will be verified by Recreation staff. The fee schedule is attached for the Board’s reference.
After lengthy discussion, the Board agreed that the non-county resident facility rental fee should be $100 in addition to the regular fees.
Chairman Moyer made the motion that the Board of Commissioners approves the changes to the Recreation Department fee schedule in the FY 2010 budget to incorporate the non‐county resident fee of $100 for rental of facilities as well as the 3‐hour time limit for facility reservations. Chairman Moyer amended his motion for rental of shelters to a 4-hour time limit for facility reservations. The vote passed 4-1 with Commissioner Messer voting nay.
Chairman Moyer asked that the Recreation Advisory Board study the capacity problem and see if they can find ways to address the problem.
MAINTENANCE OF EFFORT (moe) fund allocation
County Manager Steve Wyatt stated that Henderson County’s FY 2009 budget included $528,612 for the provision of mental health services. At the November 3, 2008 meeting, the Board of Commissioners allocated $440,000 of those funds, but left a contingency balance which equals $88,612.
Staff has sent out a funding availability notice to the local providers, requesting that they submit a letter outlining any request for additional MOE funding, as well the amount being requested for the remainder of the grant cycle, which runs from November 1, 2008 through October 31, 2009. The following agencies submitted requests by the due date:
Agency Amount Requested Amount Recommended
Blue Ridge Community Health Services $ 12,000 $ 0
Henderson County Health Department $ 29,500 $ 28,612
The Free Clinics $ 50,000 $ 40,000
Vocational Solutions $ 30,000 $ 20,000
TOTAL $121,500 $ 88,612
Additionally, a draft lease between Henderson County and 6th Avenue Psychiatric Rehabilitation Partners was provided for the Board’s consideration. The annual lease amount specified is for $70,332. Staff recommends the Board approve the proposed lease as attached, and authorize the appropriation of fund balance in this amount, currently being held with Western Highlands LME, be appropriated to 6th Avenue Clubhouse to cover the lease payment.
The Board is requested to determine the allocation of the remaining Maintenance of Effort funds, and direct Staff to distribute those funds. The Board is further requested to approve the attached lease between the County and the 6th Avenue Clubhouse, and to authorize the appropriation of $70,332 in fund balance currently being held with Western Highlands LME to 6th Avenue Clubhouse to cover the lease payment.
Mr. Wyatt stated that there is a strong indication that the legislature is looking at Mental Health LME fund balances as part of the State’s larger budget. This indicates that the mental health fund balance will disappear and will end of being part of the state’s budget.
Chairman Moyer made the motion that the Board approves the allocation of $88,612 in Maintenance of Effort funds as recommended and further moved that the Board approves the lease with the 6th Avenue Clubhouse as presented, and authorize the appropriation of $70,332 in fund balance currently being held by Western Highlands LME. All voted in favor and the motion carried.
BUDGET DISCUSSIONS CONTINUED
chairman Moyer noted that we have been working to try to get a veteran’s clinic in Henderson County and try to improve the quality of their service. Possible ways were an extension of Pardee Hospital, separate location, and the old Health Department building (no longer an option). The information we have received back from the Senator’s offices, Health Shuler and the veterans is that because of the proximity to the Veteran’s Hospital in Asheville, they may someday look at this but there are many places that have much greater distance (and they determine based on distance) and greater need than we do and the foreseeable future does not look positive. One of the issues is when veteran’s go to Asheville it is normally a full day and transportation through Apple Country is usually not satisfactory. A concept that is being looked at is using some funding where you would have a dedicated van that would take Veteran’s to the Veteran’s Hospital in Asheville and wait to bring them back. No cost figures are available at this time.
A break was taken to change video tapes.
Chairman Moyer made the motion that the Board schedules a Special Called Meeting on Tuesday, June 9, 2009 at 7:00 p.m. to discuss budget issues. All voted in favor and the motion carried.
Commissioner McGrady made the motion that the Board schedules a Special Called Meeting on Monday, June 29, 2009 at 3:00 p.m.to discuss budget issues. All voted in favor and the motion carried.
Commissioner McGrady made the motion that the Board cancels the Regular Scheduled Meeting on June 17, 2009. All voted in favor and the motion carried.
CONSTRUCTION CONTROL CORPORATION – PROJECT MANAGEMENT
Chairman Moyer stated that the Board has been trying to deal with the issue of not having a project manager. This would also involve the maintenance issues and capital projects with the schools, not to do the job for them, but to have someone to work with them representing the Board, and keep us informed for good coordination in order to come out where we both want to be.
County Manager Steve Wyatt shared a copy of a project management proposal from the Construction Control Corporation. He met with two individuals with Construction Control the prior week and based on the Board’s interest in looking at the cost effectiveness of the building programs that the County Commissioners approved in April, we asked for a proposal for construction control to look at different things they could bring to the table as far as project management cost control and those type of things. This is not the cost for one person.
Owner Representation Services
Provide a highly qualified Project Manager who is acceptable to the County and is qualified to provide all of the duties listed in the list provided, Description of Owner Representation Services. This individual will serve as your project consultant and devote an average of two or three days per week (at BOC option) to your building program. This service is offered for the following total cost:
Two days per week $ 9,236
Three days per week $12,632
This cost included all travel, secretarial support and report printing costs. In addition, it includes central office technical support for their Project Manager. Their staff will be available to support the Project Manager with any technical problems that may require additional assistance.
Their role will be to see that you get everything that you are paying for, that you do not pay more than you should. Their Project Manager serves as your advocate, completely committed to looking out for your interests and keeping you fully informed.
Cost Management Program
As a rule, if you do not reduce costs during the design phase, then you do not reduce costs. To effectively reduce costs and assure keeping the designs within their budgets, the Cost Management Program needs to be done during the design phase. For this program they are recommending the following services:
Schematic Design Cost Review – This is a review of the Architects design and schematic design estimate. It relates to evaluating options, providing value engineering input and making early decision on major design systems such as structural, architectural, mechanical and electrical.
Design Development Estimate – The schematic design is largely conceptual and of necessity, usually includes a number of assumptions. At the end of the design development phase, the design is sufficiently complete and most of the assumptions have been eliminated. The design development estimate is a detailed quantity survey estimate which confirms where the project currently stands on cost and serves as the basis for the major value engineering review. This should be considered the most important estimate.
Major Value Engineering Review- This occurs at the completion of the design development phase and is an in-depth review of all aspects of the design. When changes are recommended to reduce costs that represent a change in quality, they are supported by a life cycle evaluation to show any impact on operating, maintenance, and replacement costs.
Full Construction Program Services
Construction Control Corporation assumes the responsibility for the management and success of your building program. They manage the program; handle the problems and details while keeping you fully informed and bringing to you any questions or issues that require Owner decisions. They work as an extension of our staff. During construction, they provide a full time on-site Senior Site Manager and full time on –site Clerk/Contract Administrator located in an office trailer on one of the construction sites. They assign a Senior Project Manager who will support the Senior Site Manager and visit the site every two weeks. The Project Manager will handle all reporting and see that all of their management procedures are being followed.
Additional information was provided in a handout.
Chairman Moyer stated that this information would require a lot of reading, thought, and study. There are many implications of which way to go. He felt that the Board talked mostly about having them involved as an owner/representative to work as the Board’s eyes and ears and work with the County Manager. Most of the rest of this information has been put on the table by them.
Mr. Wyatt stated that Mr. McClure and one of his engineering staff members would be here on Thursday and Friday and also Monday evening to get with the Board in individual sessions.
request for architect qualifications
Chairman Moyer was concerned that a Request for Qualifications for the Henderson County Law Enforcement Center was on our website prior to approval of the budget. He did not feel that this type of request would go out without the Board being aware. Also, the Law Enforcement Center was lumped with all of the other county projects into one large project and this should require discussion of the Board. He felt that a lot of the projects could be done by local architects as they were small projects.
County Manager Steve Wyatt stated that when the Board instructed staff, and his interpretation “approved the projects – gave the go ahead” they developed a schedule to enable the county to proceed after the beginning of the fiscal year knowing that it was subject to the availability of funds that would contingent on the final option of the budget. Staff developed the RFP that ran through the month of May. There is a five or six person review team that will go over and rank the six responding firms in the month of June and report back to the Commissioners in July. He thought it was in the first of May that he communicated to the Board that their idea was to bundle the projects together in the effort to secure cost savings with the architectural fees. This was communicated in the Manager’s Communication. Conversations he had with folks in the industry, given the size of the smaller projects, by bundling with the larger projects it would enable us to get down into the tentative target of a 5% fee. The decision obviously will be the Board’s decision but to get us to the position to where we can bring the information to the BOC’s after the beginning of the fiscal year, we have moved along based on the actions taken at the April 23 meeting. In the Capital Facilities meeting we discussed and the Board voted on about a half dozen individual type issues. The ones that were voted for were packaged in an effort to try to save the fees because there will be some architectural services that are necessary in each of the projects. Again, this was communicated to the Board around the first of May. It will be the Board’s decision if you decide to unbundle them. In the April motion it was to move forward with the planning and to include that in the budget. The money for planning part of the Law Enforcement Center is in the proposed next year’s budget. It has not been approved yet but staff wants to be in a position, should the Board approve the budget, to move ahead in a timely and cost effective manner. The Board has the discretion to recommend a different course of action. Mr. Wyatt noted that he did not receive any feedback contrary to the communication that he sent to the Board about the idea of bundling them to try to save money. With no feedback he authorized the engineer to move forward.
Chairman Moyer stated that Mr. Wyatt had spoke with him about it and he thought that it would unfair to the local architects and he did not feel that the Board would sit well with it based on the policy adopted to try to help local firms where ever possible.
Mr. Wyatt stated this was after they had put the RFP’s out.
Commissioner Williams felt that some of these issues were discussed earlier and at that time the Board did authorize the County Manager to go ahead with the planning part of the Law Enforcement Center. We need to move forward in a timely manner to take advantage of where we are. In terms of architects, he questioned if the Board was tying themselves up as far as the discretion of the work being done.
Commissioner Messer was not aware it was all going to be bundled.
Mr. Wyatt discussed the design and planning stages. He stated that RFQ’s can be resented and the projects can be broken down into smaller parcels.
Commissioner Young understood that we were going to look at the architectural and engineering part of the new Law Enforcement Center to have it “shovel ready” for the 2010 budget cycle so that while the window on construction is still open at a lower square footage price and while the interest rates are lower, we would ready to go after we retire the $3 million of debt service payments next year.
Commissioner Williams understood the same and the following year he thought an additional $2.2 million would be coming off of the debt servicing. The plans would be laid and if we choice to go forward that we would be ready to go forward quickly. He would like to see the smaller projects broken out to provide options for local construction companies to take part.
Commissioner McGrady was surprised about the RFP’s and spoke with the County Manager. Mr. Wyatt directed him back to the May report and the direction being taken was evident. Mr. McGrady had not responded to it. He does not see any harm in what has occurred but the Board will have information that they may not act on.
Chairman Moyer felt that there was an issue.
Commissioner Williams would like to see a total figure in regards to the budget, and work off of that figure from where we presently are and then as we go through each item see where it puts us.
County Attorney’s Report
There was nothing further at this time.
County Manager’s Report
There was nothing further at this time.
IMPORTANT DATES CONTINUED
Commissioner McGrady made the motion that the Board schedules a Special Called Meeting on Tuesday, July 14, 2009 at 9:00 a.m. for discussion of secondary roads with the NCDOT. All voted in favor and the motion carried.
CANE CREEK WATER & SEWER DISTRICT – no business
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(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.
2. (a)(4) To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body.
All voted in favor and the motion carried.
Commissioner McGrady made the motion to adjourn the meeting at 11:05 p.m. All voted in favor and the motion carried.
Teresa L. Wilson, Clerk to the Board William L. Moyer, Chairman