MINUTES
STATE
OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY
OF HENDERSON OCTOBER 21, 2009
The Henderson
County Board of Commissioners met for a regularly scheduled meeting at 9:00
a.m. in the Commissioners' Meeting Room of the Historic Courthouse on Main
Street, Hendersonville.
Those present
were: Chairman Bill Moyer, Vice-Chairman
Charlie Messer, Commissioner
Also present
were: Finance Director J. Carey McLelland, County Engineer Marcus Jones,
Planning Director Anthony Starr, PIO Christy DeStefano, Planner Autumn
Radcliff, Solid Waste Manager Will Sager, Captain Greg Cochran, Recreation
Director Tim Hopkin, Internal Auditor Darlene Burgess, and Planner Alexis Baker.
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 Chuck McGrady.
INVOCATION
Commissioner
Mark Williams gave the invocation.
INFORMAL PUBLIC COMMENT
DISCUSSION/ADJUSTMENT OF AGENDA
Commissioner Charlie Messer made the motion to
approve the agenda as presented. All
voted in favor and the motion carried.
CONSENT AGENDA
Commissioner Mark Williams made the motion to
approve the Consent Agenda as presented. All voted in favor and the motion
carried.
CONSENT AGENDA
consisted of the following:
Minutes
Draft minutes
were presented for board review and approval of the following meetings(s):
October 5, 2009 – Regularly
Scheduled Meeting
Tax Collector’s Report
Deputy Tax
Collector Carol McCraw had presented the Tax Collector’s Report to the
Commissioners dated October 9, 2009 for information only. No action was required.
Capital / Facilities Status Reports
Internal Auditor
Darlene Burgess had provided a status report to the Commissioners for the
period ended September 30, 2009 on Capital and Facilities projects.
Construction Management Update
Construction
Manager David H. Berry & Associates, LLC had provided a monthly status
report to the Commissioners for Henderson County facilities.
Fuel Reduction Plan Status
This agenda item
updated the Board on the status of the County’s fuel reduction plan. The data provided compared the first quarter,
July 1 through September 30, of FY09 and FY10.
At this point in time, consumption is up 4.94% from the previous fiscal
year, but the cost is down 38.24%. Staff
will continue providing the Board with this information on a quarterly basis.
Approval
of insurance settlement
The Board’s approval is requested for a
settlement of a fidelity bond involving a loss due to theft or other taking by
a county employee. The claim involves a
former employee of the Parks and Recreation Department. Sedgwick Claims Management Services, Inc.,
representing the North Carolina County Commissioners Association Risk
Management Pool, is for $151,001.39, presuming the Board’s approval.
Suggested
Motion:
I move that the
Board accepts the offered settlement of $151,001.39 on the claim involving a
loss due to theft or other taking by a former Parks and Recreation Department
employee.
Fireman’s
Relief Fund Trustees
Pursuant to NC General Statute 58-84-46
the Board of Commissioners is authorized to appoint Trustees to the Local
Firemen’s Relief Fund. Trustees are
normally appointed by recommendation of the local fire department and serve
unlimited terms.
Mills River Fire & Rescue recommends
Gary Livingston to replace the late Ralph “Doc” Moore.
Dana Fire & Rescue recommends Justin
Ponder to replace the late Phillip Ponder.
Suggested Motion:
I
move the Board appoints Gary Livingston and Justin Ponder as Local Firemen’s
Relief Fund Trustees for Mills River Fire & Rescue and Dana Fire & Rescue
respectively.
Homeland Security Grant
At the September 8, 2009 meeting, the Board of Commissioners approved a
budget amendment in the amount of $460,000 for a Homeland Security Grant. Since approval of that grant and budget
amendment, the County has learned that the associated equipment purchase will
be made by another agency. The Board is
requested to approve the budget amendment provided to remove the revenue and
expenditure form the Emergency Management Department budget.
Suggested Motion:
I
move the Board approves the provided budget amendment.
Sidearm Request – Randall Shane Thomas
The Henderson
County Sheriff’s Office requests that the service sidearm of Randall Shane
Thomas be given to him in recognition of his retirement from the Henderson County
Sheriff’s Office following a permanent injury on the job.
Randall Shane
Thomas began employment with the Sheriff’s Department on August 20, 1990. For many years he has honorably served the
Department and the community. He worked
in several divisions during his career including Communications, Detention,
Patrol and Criminal Investigations. He
has been instrumental in the success of many criminal cases.
Deputy Shane
Thomas has been a true asset to the Sheriff’s Office, and his service to the
people of Henderson County is greatly appreciated and will be remembered.
Sheriff Davis
makes this request on behalf of the Henderson County Sheriff’s Office pursuant
to North Carolina General Statute 20-187(a).
Suggested
Motion:
I move the Board allows Sheriff
Rick Davis to present this service sidearm as a token of appreciation to Deputy
Randall Shane Thomas.
Flat Rock Playhouse – Use of Courtroom
The Flat rock
Playhouse has requested the Board of Commissioners consider a request for their
use of the Courtroom for the production of “Twelve Angry Men”. The play is a classic piece of theater which
primarily involves deliberations in a jury room, though there are courtroom
scenes in the play.
The dates
requested by the Playhouse are June 24, 2010 through July 18, 2010. The performances would begin with a preview
performance on Wednesday, June 20, 2010 with the official opening night on
Saturday, July 3, 2010. The Playhouse
also requests the use of the Community Room on Saturday, July 3, 2010 for an
opening night gala.
Suggested
Motion:
I move the Board of Commissioners
approve the Flat Rock Playhouse’s use of the Courtroom from June 24, 2010
through July 18, 2010, and the use of the Community Room on Saturday, July 3,
2010. I further move the Board authorizes
the Chairman to work with the Flat Rock Playhouse on the specific details
regarding the use of the Courthouse throughout the planning process.
NOMINATIONS
Notification of Vacancies
Chairman Moyer
stated the two notifications of vacancy could be dealt with if it was the
Board’s pleasure to waive the rules and fill these positions at this meeting.
Nominations
There were no
nominations at this time so this item was rolled to the next meeting.
There were no
nominations at this time so this item was rolled to the next meeting.
Chairman Moyer
noted that positions #2 & 4 were vacant and Tax Assessor Stan Duncan
recommends Steve Dozier for position #2 and John Porter for position #4 and
further made the nominations.
Commissioner
McGrady questioned if the Board desired to have someone on this Board who also
serves on the Planning Board.
Following
discussion, Commissioner McGrady made the
motion to suspend the rules and appoint Steve Dozier and John Porter by
acclamation. All voted in favor and the
motion carried.
Commissioner
Williams nominated Rick Livingston for position #6.
Commissioner
McGrady stated that the Board has consistently appointed people from the
development community or who have views that are very conservative on issues
coming before the Planning Board and he feels that the Board is out of
balance.
Commissioner
Young feels that the Planning Board is diverse.
Chairman Moyer made the motion that the Board
appoints Rick Livingston to position #6 by acclamation. All voted in favor and the motion carried.
There were no
nominations at this time so this item was rolled to the next meeting.
There were no
nominations at this time so this item was rolled to the next meeting.
Chairman Moyer
nominated Christopher Smith for position #1 as the school superintendent
designee and Richard Arell for position #21.
Commissioner McGrady made the motion to waive the
rules with respect to position #1 and proceed to appoint Christopher Smith to
position #1 and Richard Arell to position #21 by acclamation. All voted in favor and the motion carried.
Chairman Moyer nominated Martha Mohidin
as recommended by Chair Nuala Fay for position #12. He
further motioned to accept the appointment of Martha Mohidin to position #12 by
acclamation. All voted in favor and the
motion carried.
There were no
nominations at this time so this item was rolled to the next meeting.
COUNCIL ON AGING, HEALTHY AGING PLAN
In February,
2008, the Board of Commissioners designated the Council on Aging as the lead
planning agency for older adults in Henderson County. The Council’s first goal was to develop an
Aging Plan that would address the challenges our County will face as its’
population continues to age.
Kevin Parries,
Council on Aging President, stated that they are committed to serving older
adults in the community. The first step
in this process was to identify the needs of the older adults and formulate a
plan. The Council on Aging is not asking
for money however they asking the Board for continued support to serve older
adults in the community. The Council on
Aging enlisted the help of the Healthy Aging Coalition of Henderson County to
work on developing the Aging Plan.
Project
coordinator for the Livable and Senior Friendly Communities at the Council on
Aging Michelle Skeele gave a quick overview of how the process worked. In 2005 they began the Livable and Senior
Friendly Communities initiative through UNC Chapel Hill and the Land-of-Sky
Regional Council. This grew into a
funding assessment in 2006 when they took a look at how they fund programs for
older adults in the community followed by a presentation to the Board of
Commissioners in 2008. The Healthy Aging
Coalition was originally the Steering Committee.
Aging Program
Specialist, with the Land-of-Sky Regional Council, Margaret Stanley spoke on
behalf of Joe Connelly, the director of the area agency on aging. Developing an aging plan for a community
provides an awareness of this population and advocates for services to extend
independence and healthy aging opportunities.
The Council on Aging of Henderson County has led the effort with
significant community involvement to draft the plan with five areas of focus;
access to information and resources, social support services, transportation,
housing, and health and wellness. The
area agency on aging at the Land-of-Sky Regional Council is pleased to
participate in this planning effort.
They are confident that the Council on Aging of Henderson County will be
able to provide further leadership to see this plan through to
implementation.
Joe Johnson,
with the Council on Aging, followed up with two main points. They are not asking for money, but rather the
continued support and leadership of the Board of Commissioners. This plan is rather aggressive and they
decided to mirror the remaining time in the County Strategic Plan and will run
through the FY2011. The plan focuses on
strengthening and enhancing existing systems and building on what we already
have in Henderson County rather than creating new systems which may not be
necessary. The underlying theme of the
plan is to create that safe and sustainable community for older adults in
Henderson County. At the end of 2008, it
was estimated that nearly 30,000 people over the age of 60 reside in Henderson
County and the number is expected to grow.
Chairman Moyer made the motion that the Board
endorses the Council on Aging’s Healthy Aging Plan which includes their action
plan. All voted in favor and the motion
carried.
LINKING LAND AND COMMUNITIES
Jim Stokoe,
Senior Planner with the Land-of-Sky made a presentation to the Board of
Commissioners on “Linking Land and Communities in the Land-of-Sky Region.” Land-of-Sky is a four County membership
organization of local governments serving Henderson County and eighteen other
member governments in Transylvania, Buncombe, Henderson, and Madison
County. They provide regional planning,
grant writing, economic development housing and other services. The Linking Lands and Communities project is
creating a forum for practitioners, citizens, local governments and
organizations to build a common understanding of the region’s ecological
systems and services and build relationships across sectors and jurisdictional
boundaries. By using a collaborative
approach, this effort will help to link urban and rural communities and protect
the area’s rich natural and cultural heritage.
Land-of-Sky
Regional Council is working with individuals, local governments, and
organizations across our four-county region to develop a regional network that
identifies the location and condition of our natural systems and provides a
strategy for maintaining connectivity of these resources. This project is organized into five distinct
steps.
1.
Develop
broad-based partnerships and recruit community leaders to participate in the
following four steps on the project.
2.
Gather
data, conduct ecological assessments and develop maps for key elements of our
region’s natural systems (which make up our green infrastructure network),
including water resources, agricultural lands, wildlife habitat, recreation and
conservation lands, and cultural resources.
3.
Develop
a science-based green infrastructure network for the region based on the
assessments and data collected above.
4.
Create
a Regional Conservation and Development Network that helps communities to
understand the role of future development and natural disturbance factors
(i.e., climate change, invasive species) as it relates to the region’s green
infrastructure network.
5.
Identify
implementation strategies for the Regional Conservation and Development Network
and engage partner in these activities.
This information
has not been put out to the public yet.
It is being provided to the Board of Commissioners for their
consideration. The Regional Conservation
and Development Network is an interconnected network of lands valuable for
their ecological systems and services including farmlands, forests, water
resources, wildlife habitat, recreation areas and areas most suited for future
growth and development. Their goal is
that the counties and municipalities will use the data from this project as
they review proposed development plans and as future updates are completed on
land use and comprehensive plans.
Training will be offered to the Planning Departments as well as GIS
Specialists on how to get the most value out of the data compiled during the
project.
Through the
efforts of more than 45 partners around the region, the first two steps of the
project are nearly completed. They are
now ready to finalize their ecological assessments and maps by bringing them to
local leaders and the public for an extensive round of review and comment. The Open House events will provide an
opportunity for practitioners, government officials, and community members to
learn about the Linking Lands and Communities Project and the ways that
communities benefit from maintaining a network of healthy natural systems in
the region. Participants will also gain
an understanding of the kinds of products and tools that will be available once
the project is complete and how they can use them.
Chairman Moyer
has concerns about opening several of these issues again as we have held
extensive public meetings and we are now in the small area planning
process. He feels the citizens of
Henderson County will be confused as to why we are going back over these issues
again and how the information will be used.
Prior to scheduling any open house events or distributing data to the
public, he suggested the Board asks Mr. Stokoe and his staff to work with the
Planning Department Director Anthony Starr and look at the plan to see what is
right for Henderson County. Anthony
Starr, working with the County Manager, will bring the information back before
the Board with modification of what pieces are right for Henderson County.
Commissioner
McGrady felt that the Regional Council has four counties in its jurisdiction
and these counties are in very different places in terms of their work on these
sorts of issues. We are arguably far
ahead of them.
Commissioner
Messer stated that Henderson County is way ahead of the game in area
planning.
Commissioner
Williams agreed that Henderson County has already completed a great deal of
work and doesn’t feel this is what the citizens are looking for; this should be
done more local than regional.
Commissioner
Young was in agreement to have staff see what portion can be used by Henderson
County.
Commissioner
McGrady noted that the Land-of-Sky is trying to provide services which will
mostly be for the value of other Counties however we are located right in the
middle. He hopes that what comes out of
the effort here is completely consistent with the plans we have already adopted
and maybe provide some new value in areas that we haven’t yet looked at.
County Manager
Steve Wyatt suggested looking at the proposed scope of work to find what might
be valuable in the next couple of months with Selena Coffey and Anthony Starr
and bring that information back to the Board.
It was the
consensus of the Board that no public input sessions or open houses would be
held until after the process with the Planning Department is completed.
ADULT PROBATION AND PAROLE SPACE STUDY
Engineer Marcus
Jones stated at the direction of the Board during the September 16, 2009 Board
Meeting, the Engineering Department conducted a study of the space occupied by
Adult Probation and Parole in the 1995 Courthouse.
Lease History
·
Current
Lease expired February, 2008
·
Since
February, 2008 – month to month at $1080.10 for 1,500 square feet
·
Probation
& Parole occupy 6,200 square feet
·
Space
able 1,500 square feet is without compensation
·
In
June, 2009 New Lease negotiated and approved by Board with 4% increase to
$1,123.30 per month
·
Since
June, 2009 New Legislation passed requiring Counties to provide space at no
charge
·
New
Legislation still allowed compensation for Management which is applicable for
Henderson County
·
Judicial
District Manager and staff (JDM)
·
First
proposed from State for JDM Lease – 385 square feet at $280.41 per month
·
Presented
JDM Lease to Board in September, 2009 – not approved
·
Board
directed space study
·
Engineer
renegotiated the JDM Lease – 890 square feet at $648.22 per month which has
been approved by State
Existing Space
·
Adult
Probation and Parole occupy 6,200 square feet in the ground floor of the 1995
Courthouse
Space
Requirements – From the State Property Standards the following areas are
authorized:
·
Probation
& Parole Officers: 14 at 108 square
feet = 1,512 square feet
·
Office
Assistant: 2 at 340 square feet = 680
square feet
·
Chief
Probation Officer: 3 at 130 square feet
= 390 square feet
·
JDM
and Staff: 1 at 385 square feet
·
Community
Service Coordinators: 2 est. at 108 square feet = 216 square feet
Total
= 3,183 square feet
Marcus Jones
felt it was important to note that the 6,200 square feet includes a waiting
room, storage room, internal hall space, file room, and conference rooms which
is space critical to their operations.
Conclusion
·
The
Adult Probation & Parole is occupying approximately 3,000 square feet more
than the minimum required by the State Property Standards
·
Allocating
exactly 3,183 square feet would be very difficult in the existing building
·
Solutions
for Local Government will be studying 1995 Courthouse to determine
recommendations for space vacated by Tax Assessor.
·
This
study could determine possible options in context of entire Courthouse.
Three slides
were shown detailing the floor space use by Probation and Parole in the 1995
Courthouse.



Marcus Jones noted
when touring the Probation and Parole offices he found no waste of space.
Chairman Moyer
reiterated that when looking at their needs based on State standards and
looking at the hallways, file room, etc., it is a reasonable use of the 6000+
space.
County Manager
Steve Wyatt stated that once again the State is balancing their budget at the
expense of Counties. He suggested the
Board look at this again as we look at the entire operation and what fits best
with the space in the 1995 Courthouse.
Attorney Russ
Burrell questioned if the lease was for three years and asked if we would be
specifically locking in the location of Suite 90.
Mr. Jones
responded this lease would lock in the JDM’s location.
Steve Wyatt
stated the location should be 1995 Courthouse to offer flexibility.
Chairman Moyer made the motion that the Board
approves 890 square feet for $648.22 per month for a term of three years, with
the Board having flexibility to relocate as the 1995 Courthouse is
reorganized. All voted in favor and the
motion carried.
NAMING OF EDNEYVILLE COMMUNITY CENTER
MEETING ROOM
Assistant County
Manager Selena Coffey stated a letter was received from the Edneyville
Community Center Association requesting the Board of Commissioners approve the
naming of the large meeting room at the Community Center in honor of Gaylerd
Davis and Margaret Davidson. At the
Center, there is only one large meeting room, which may hold 150 people and a
smaller room (office space), which may hold up to 4 people.
Staff recommends
that the Board of Commissioners approves the naming of the large meeting room
at the Edneyville Community Center as the Davis-Davidson Room, Gaylerd
Davis-Margaret Davidson Room, Davidson-Davis Room, or some other variation in
order to honor these two individuals as requested by the Edneyville Community
Center Association.
Following
discussion, Chairman Moyer made the
motion that the Board of Commissioners approves the naming of the Edneyville
Community Center large meeting room as Davidson-Davis Room. All voted in favor and the motion carried.
QUARTERLY FINANCIAL UPDATE
Finance Director
Carey McLelland provided the Board with the financial report for the 1st
quarter of FY2010.
Expenditures
The information
provided includes cost allocations requested by the Board in the current year
primarily for insurance, utilities, and debt service for the County. Most departments are in good condition below
25%. Adjustments for grants were shown
for several departments.
|
2010 Total Expenditures |
BOC Adopted |
Expenditure Revisions |
Revenue
Revisions |
Total Revised |
$ Expended |
$ Expended |
|
General Fund
Total |
$109,545,323 |
$837,927 |
$837,927 |
$110,383,250 |
$23,819,917 |
21.9% |
Revenues
Our current year
tax collections are good. The bills went
out early and comparing to last year for the first quarter we are up about $1.1
million in collections or 12%. In the
prior year’s collection 46.8% of the budget collected, compared to last year we
are up about $200,000 or 43% of where we were the prior year. The Delinquent Tax Office is doing a great
job.
Sales Tax
Sales Tax lags
two and a half months behind before we receive a month. Our July distribution was received this month
and therefore will be reported in the second quarter. The Register of Deeds, Deed Excise Stamp Tax
is down about $83,295 or 28.6%. Building
Inspection Fees are slightly ahead of last quarter. ADM Revenues cannot be expected at all this
year. Lottery Revenues are close to
making budget already and with three quarterly distributions remaining we hope
to have in excess of $1 million and easily surpass the budget.
2009 FEASIBILITY STUDY, CONTINUATION –
HENDERSON COUNTY SOLID WASTE
Marcus Jones
stated at the Board’s direction during the October 13, 2009 workshop, the
subject study was continued to provide additional time for the Board to review
the information and address any questions or concerns. In response to the
specific questions regarding the cost of a mobile recycling center, a memo from
staff was provided detailing the cost and additional considerations.
Also in response
to the Board’s direction to explain the methodology behind the rate analysis
that generates a ten year tipping without convenience center revenue then
dollars higher than with the revenue an explanation from Martin McGill was
provided. In addition, the County
Engineer, Finance Director and Internal Auditor have reviewed the rate analysis
in detail and were available to provide input during the meeting.
Most
importantly, Solid Waste staff needs direction from the Board regarding a plan
to transition the County’s permitted haulers into compliance with the State
Mandates for equipment and recycling.
Operational
Recommendations
·
Direction
to discuss with the haulers any possibilities to take advantage of some
efficiency in our hauling network to include or not to include franchising.
·
Consideration
in the future of convenience center revenue or adding revenue to our
convenience center operations.
·
Staff
needs direction regarding a plan to transition the County’s permitting process
to help bring the haulers into compliance with the State Mandates previously
discussed for equipment and recycling.
The plan being
proposed is focusing on the permit process.
It is at no time going to preclude any requirements to the haulers or
the Solid Waste operations on State Law or the Administrative Code.
Chairman Moyer
stated what he had hoped to accomplish with a longer transition period was to
reframe from being subject to fines and sanctions from the State if we were not
in compliance. Chairman Moyer felt he
was hearing from Mr. Jones that at best this would be a handshake agreement
with the current inspector and there would be no letter, no agreement and no
protection for us.
County Manager
Steve Wyatt noted that everyone is struggling with this.
Commissioner
McGrady chairs the Environmental Steering Committee of the North Carolina
Association of County Commissioners.
They are meeting the first week of November and this item is included on
their agenda. Several people with the
same title and job responsibility as Will Sager serve on the committee. He felt the Board should not be surprised
that no one is willing to provide flexibility of rules being set by the General
Assembly. DENR is tasked with
implementing the rules that are set by the General Assembly and he feels they
understand they can’t be widely rigid here and are willing to try to work with
us.
Chairman Moyer made the motion that the Board of
Commissioners authorizes Solid Waste staff to implement the recommended
transition plan to bring the permitted haulers into compliance with the State
Mandates for equipment and recycling.
All voted in favor and the motion carried.
STAFF REPORTS
County Attorney’s Report
Russ Burrell had
read a new article regarding a referral to the Board of Commissioners from the
Board of Elections regarding an issue.
The Board of Commissioners has not been granted the power by the State
of North Carolina to determine its eligibility for membership. Once elected that eligibility is covered by
the North Carolina Constitution and the North Carolina General Statutes. This is not like the NC House of
Representatives which can vote to expel a member. Eligibility for office in North Carolina,
under the NC Constitution, requires the candidate to be a qualified voter at
least 21 years of age. There is a
specific provision of the NC Constitution called disqualifications for office
stating any person who shall deny the being of almighty God is disqualified
from office in North Carolina and any office filled by the election of the
people must be qualified to vote in the election of that office. All County Commissioner elections in
Henderson County are filled by County wide votes. Therefore under that Constitution provision
there has never been a case law dealing with that provision.
County Manager’s Report
Steve Wyatt
provided a brief update on Soil Erosion and Sedimentation Control. Polk County has expressed an interest in
joining with Henderson County and Henderson County provides this control. In the process the State has indicated they
want to transfer the previous inspections the State had been doing, prior to us
implementing the program, transferring the responsibility to us. It was very clear that there was a date that
the County would go forward and the State would continue. Mr. Wyatt has told Polk County that we will
not be joining with them unless they bring us the fees to pay for the service. This decision has also been communicated
to the State.
Chairman Moyer
noted that the LGCCA (Local Government Committee for Cooperative Action) met
the day before and updates were provided to the committee in regards to Mental
Health, Water Issues, Agriculture Preservation Plan, and the plan to go to a
delegated Storm Water Program.
IMPORTANT DATES - no action
necessary.
CANE CREEK WATER & SEWER DISTRICT –
There was no business
CLOSED
SESSION
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):
2.
(a)(6)To consider
the qualifications, competence, performance, character, fitness, conditions of
appointment, or conditions of initial employment of an individual public
officer or employee or prospective public officer or employee; or to hear or
investigate a complaint, charge, or grievance by or against an individual
public officer or employee.
All voted in favor and the motion carried.
ADJOURN
Commissioner McGrady made the motion that the Board go
out of closed session and adjourn at 11:30 a.m.
All voted in favor and the motion carried.
Attest:
Teresa
L. Wilson, Clerk to the Board
William L. Moyer, Chairman