STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY OF HENDERSON JUNE 5, 2000
The Henderson County Board of Commissioners met for a regularly scheduled meeting at 5:30 p.m. in the Commissioners= Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.
Those present were: Chairman Grady Hawkins, Vice-Chair Bill Moyer, Commissioner Renee Kumor, Commissioner Don Ward, Commissioner Marilyn Gordon, County Manager David E. Nicholson, Assistant County Manager/Interim County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.
Also present were: Finance Director J. Carey McLelland, Public Information Officer Chris S. Coulson, Planning Director Karen C. Smith, and Office Assistant Amy Brantley.
CALL TO ORDER/WELCOME
Chairman Hawkins called the meeting to order and welcomed those in attendance.
PLEDGE OF ALLEGIANCE
Commissioner Kumor led the Pledge of Allegiance to the American Flag.
David Nicholson gave the invocation.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Hawkins added one item under Pending Issues as AE-2" - Mayor Niehoff=s letter on depletion fees.
Commissioner Moyer added two items under Discussion Items - #1 Green River Gorge Bridge, and
#2 Redistricting Proposal.
Chairman Hawkins asked for several items to be pulled from the Consent Agenda:
I. Extension of Improvement Guarantee for High Vista Falls, Phase VI
J. Public Information Awards (per Commissioner Kumor)
K.Resolution relating to working with the Federal Emergency Management Agency (FEMA)
L. Request for Improvement Guarantee for Cummings Cove, Phase III, Section I, Wynfield
( per Commissioner Moyer)
It was the consensus of the Board to approve the above changes to the agenda.
Chairman Hawkins made the motion to approve the Consent Agenda as amended above. All voted in favor and the motion carried.
CONSENT AGENDA consisted of the following:
Minutes were presented to the Board for their review and approval of the following meetings:
April 3, 2000 regular meeting
May 1, 2000 regular meeting
May 9, 2000 special called meeting
May 11, 2000 special called meeting
May 12, 2000 special called meeting
May 15, 2000 special called meeting
May 16, 2000 special called meeting
May 22, 2000 special called meeting
May 23, 2000 special called meeting
Tax Collector=s Report
Terry F. Lyda, Tax Collector, had provided the Tax Collector=s Report to the Board for review, as as May 30, 2000. The Deputy Tax Collector, Darlene B. Burgess, had also provided the Deputy Tax Collector=s Report.
Tax Refunds (12)
A list of 12 tax refunds was provided for the Board=s review and approval.
Tax Releases (52)
A list of 52 tax releases was provided for the Board=s review and approval.
Henderson County Financial Report - April 2000
The Henderson County Financial Report for April of 2000 was provided for the Board=s review and approval.
Henderson County Public Schools Financial Report - April 2000
The Henderson County Public Schools Financial Report for April 2000 was provided for the Board=s review and approval.
Carriage Park Special Use Permit Amendment (SP-93-13-A4)
The Board had held a quasi-judicial hearing on May 17, 2000 concerning an application submitted by Carriage Park Development Corporation for an amendment to the Special Use Permit (SP-93-13) which governs the Planned Unit Development known as Carriage Park. As a reminder the amendment generally concerned the addition of land that is known as the Corn Property to the PUD.
After hearing the evidence and statements of the parties, the Board had some brief discussion of the matter and ultimately indicated that its consensus was to grant the amendment as requested by Carriage Park. The Board also directed Staff to draft findings of fact, conclusions, and an order consistent with the evidence and the Board=s consensus. Staff had done so and the draft was reviewed by the Board. This draft had also been distributed to all parties for comment, although no comments were received at the time this agenda item was prepared.
Copies of SP-93-13 and the three subsequent amendments were included with materials related to the requested amendment in burgundy notebooks distributed to the Board. This notebook may be useful to the Board in its deliberations on the proposed draft order. Due to the length of the special use permit and the amendments, those items had not been reproduced with this agenda item. The Commissioners were encouraged to consult their burgundy notebooks for these items.
The Board was reminded that it has 45 days from the close of the proceeding on May 17, 2000 to enter a written order. Action at this meeting would be appropriate.
Road petitions had been received for addition to the State Maintenance System for the following roads: 1. Old Homestead Road
2. Tupelo Drive
It has been the practice of this Board to accept road petitions and forward them to North Carolina Department of Transporation for their review. It has also been the practice of the Board not to ask NC DOT to change the priority for roads on the paving priority list.
DISCUSSION OF ITEMS PULLED FROM THE CONSENT AGENDA
I. Extension of Improvement Guarantee for High Vista Falls, Phase VI
Chairman Hawkins asked a question about the letter that came from the Carolina Development Resources as to why a longer time period is being used?
Karen C. Smith stated that she had tried unsuccessfully to contact the developers representative today. She talked with the Engineer, William Lapsley, and to his knowledge there has been no work done toward any of the improvements. She made a site visit today and it does not appear that any work had been done. They do have one other outstanding bond with the Board currently. The improvements are up near where the clubhouse is.
On July 21, 2000, the Board of Commissioners approved the posting of an irrevocable letter of credit in the amount of no less than $196,562.00 by K&M Development Resources, Inc., as an improvement guarantee for High Vista Falls, Phase VI. As approved, the Agreement for the improvement guarantee required that the water, sewer, road and drainage improvements in High Vista Falls, Phase VI, be completed by July 1, 2000. To date, the County has not released any portion of the letter of credit.
Mr. Robert J. Duffy, Jr. on behalf of K&M Development Associates, Inc. had submitted a letter requesting the County extend the completion date for the improvements for one year (to July 1, 2000).
Should the Board choose to grant the extension, Staff had attached a draft extension Agreement for the Board=s consideration. If the extension is approved, the developer must post an amended letter of credit, with a new expiration date, in the amount of $196,562.00. The Staff Attorney must review the amended letter of credit, once submitted, and certify the Agreement as to form prior to its execution by the Chairman and the developer.
In the event that the Board declines to grant the requested extension, Staff will seek direction from the Board on whether to pursue any remedies under the letter of credit should the developer fail to complete the improvements by July 1, 2000.
10. Public Information Awards
Commissioner Kumor stated that it is important to highlight when staff does some exceptional work and it=s important for the public to know these things. Our Public Information Officer, Chris Coulson, has received two national recognitions from the National Association of County Information Officers (NACIO).
Commissioner Kumor read the two letters highlighting the awards:
AThank you for your participation in the 2000 NACIO Awards of Excellence Competition.
This year, there were more than 500 entries across the spectrum of categories. Seventeen judges, all professionals working in fields such as communications, graphics, video production, public relations, etc., spent many hours reviewing the entries and choosing the best of the best to receive special recognition.
I am please to inform you that you are a winner in this year=s competition. Your entry, Millennium Logo, was judged Excellent.
On behalf of NACIO, please accept my sincere congratulations on this well-deserved recognition for your exemplary work. You have enriched the field of public information, and have made us all a bit better at what we do by virtue of the example you have set.
I hope you will be able to attend the NACIO Awards ceremony in Charlotte, N.C. (Mecklenburg County), on Friday, July 14. I look forward to seeing you there.
Don J. Kappel
2000 Awards of Excellence Coordinator@
AI hope that by now, you have received word of the results of the 2000 NACIO Awards of Excellence Competition. The results have been sent out by way of letters to the winners; posting on the NACo web site; by e-mail to those listed in the NACIO ListServ directory; and by other means.
I am most pleased to inform you that your entry, A1999 Report to Citizens,@ was judged BEST IN CLASS. This is a distinct honor, especially in light of the large number of entries received this year.
Congratulations to all those responsible for this outstanding public information product. I hope you will be able to attend the awards reception in Charlotte, NC on Friday, July 14 to receive your plaque.
Don J. Kappel
2000 Awards Competition Coordinator@
Commissioner Kumor expressed the importance of acknowledging these awards because there was quite a challenge to the Board of Commissioners that established Public Information as a goal. She offered congratulations to Mr. Nicholson, once he received the charge from the Board to find someone to react to community information services, he was able to find a well qualified and competent Public Information Officer. She expressed pleasure that he was able to find someone qualified to meet the Board=s goal of taking advantage of the local cable channel. Ms. Coulson has been able to meet all the goals the Board set for her and for Mr. Nicholson in this respect.
K. Resolution relating to working with the Federal Emergency Management Agency (FEMA)
A draft resolution had been submitted for the Board=s review and approval.
Chairman Hawkins stated that he had some questions and therefore asked Rocky Hyder, Fire Marshal, to explain what he was looking for in submitting this Resolution.
Mr. Hyder stated that in 1996 the FEMA started using a 800 number for victims of disasters to register themselves and that has been a very successful effort, especially during Hurricane Floyd. What we found out as counties was that we needed access to that information to see who and where the people were in our communities that needed assistance. Because of some internal policies within the Federal Emergency Management Agency, access to that information was denied to all the counties in North Carolina.
The Resolution asks the Federal Emergency Management Agency to reconsider their policy, understand that counties have a need for that information, and that the counties will protect the privacy of those victims but certainly need to have access so that they can provide service to the victims.
Commissioner Kumor made the motion that the Board adopt the Resolution Working with the Federal Emergency Management Agency. All voted in favor and the motion carried.
12. Request for Improvement Guarantee for Cummings Cove, Phase III, Section 1, Wynfield
Chairman Hawkins stated that Commissioner Moyer has asked to be excused from consideration of this item. Chairman Hawkins made the motion to excuse Commissioner Moyer from voting on this item. All voted in favor and the motion carried.
Mr. Roger A. Hill, on behalf of Cummings Cove Properties, L.L.C., had submitted a request for approval of a subdivision improvement guarantee. Mr. Hill would like to post an irrevocable letter of credit to cover the cost of the remaining road, drainage, water and sewer improvements in Phase III, Section 1, Wynfield, of Cummings Cove. The Board approved an improvement guarantee for Phase II, Sections 1, 2 and 3 of Cummings Cove in October of 1999.
Pursuant to Section 170-39 of the Henderson County Code, a developer may, in lieu of completing all of the required subdivision improvements prior to Final Plat approval, post a performance guarantee to secure the County=s interest in seeing that satisfactory construction of the incomplete improvements occurs. One type of permitted guarantee is an irrevocable letter of credit.
Mr. Hill intends to secure an irrevocable letter of credit from Wachovia Bank in the amount of $327,772.00, which includes the cost of the remaining road, drainage, water and sewer improvements in Cummings Cove, Phase III, Section 1, as well as the required contingency amount of twenty-five percent. The proposed completion date for the improvements is January 1, 2001.
Should the Board choose to approve the improvement guarantee request, a draft Performance Guarantee Agreement had been presented for the Board=s consideration. If approved, the developer must submit the letter of credit in accordance with the terms of the Agreement. The Staff Attorney must review the letter of credit and certify the Agreement as to form prior to its execution by the Chairman and the developer.
Commissioner Kumor made the motion to approve the improvement guarantee request for Cummings Cove, Phase III. All voted in favor and the motion carried.
Notification of Vacancies:
The Board was notified of the following vacancies which will appear under ANominations@ on the next agenda:
1. Hendersonville City Planning Board - 1 vac.
2. Child Fatality Prevention Team - 1 vac.
Commissioner Gordon nominated Jim Crafton for the Hendersonville City Planning Board. Commissioner Kumor made the motion to suspend the rules and appoint Mr. Crafton. All voted in favor and the motion carried.
Commissioner Kumor nominated Teresa Lowe, a fire fighter from Fletcher, for the Child Fatality Prevention Team. Commissioner Kumor made the motion to suspend the rules and appoint Ms. Lowe. All voted in favor and the motion carried.
Chairman Hawkins reminded the Board of the following vacancies and opened the floor to nominations:
1. Nursing/Adult Care Home Community Advisory Committee - 2 vac.
Nursing/Adult Care Home Community Advisory Committee - 2 addl. vac.
There were no nominations for the two vacancies so this item was rolled to the next meeting.
Commissioner Kumor nominated Marguerite Martin and Lois Hoots for reappointment to the two additional vacancies for the year 2000. All voted in favor and the motion carried.
2. Henderson County Industrial Facilities & Pollution Control Authority - 1 vac.
The Board had asked for assistance from the Chamber of Commerce in finding a nominee for this spot. The Chamber had sent a letter back suggesting John Goins for this vacancy.
Chairman Hawkins nominated John Goins for this vacancy. Commissioner Kumor made the motion to suspend the rules and appoint Mr. Goins. All voted in favor and the motion carried.
3. Solid Waste Advisory Committee (SWAC) - 1 vac.
The Board needed to appoint a Chairman for this committee. Commissioner Gordon nominated Rocky Holbert to serve as Chairman of the SWAC. All voted in favor and the motion carried.
Commissioner Gordon nominated William O=Cain to fill the one vacancy on the SWAC. Commissioner Ward made the motion to suspend the rules and appoint Mr. O=Cain. All voted in favor and the motion carried.
4. Juvenile Crime Prevention Council - 1 vac.
There were no nominations for this vacancy at this time. This vacancy must be filled by someone under 21 years of age. This item was rolled to the next meeting.
5. Mountain Area Workforce Development Board - 1 vac.
There were no nominations at this time so this item was rolled to the next meeting.
6. Henderson County Board of Health - 1 vac.
Chairman Hawkins reminded the Board that this vacancy must be filled by a veterinarian.
Commissioner Gordon nominated Dr. William Martin to this slot. Commissioner Kumor made the motion to suspend the rules and appoint Dr. Martin to the veterinarian position. All voted in favor and the motion carried.
7. Henderson County Hospital Corporation Board of Directors - 1 vac.
Previously John Swanson and Dr. John Bell had been nominated. Commissioner Gordon nominated Priscilla Betty Strickland.
The Clerk polled the Board and Ms. Strickland received three of the five votes. She is the new member of the Hospital Corporation Board of Directors.
8. Child Fatality Prevention Team
This has been on the agenda for several meetings now and the Board has not nominated anyone else. The Board can appoint a maximum of five members. There are currently four non-agency members. This Team will be dropped from Nominations on the agenda.
9. Henderson County Child Protection Team - 1 vac.
Chairman Hawkins nominated Tom Hix for this vacancy. Commissioner Ward made the motion to suspend the rules and appoint Mr. Hix. All voted in favor and the motion carried.
10. Board of Equalization and Review - 1 vac.
Commissioner Ward nominated Lewis Steinbach. Commissioner Kumor made the motion to suspend the rules and appoint Mr. Steinbach. All voted in favor and the motion carried.
CDBG - RESOLUTION
Heather Bullock with Land of Sky Regional Council presented several documents to the Board that are associated with the Community Development Block Grant (CDBG) that the County received for Habitat for Humanity=s Grove Hills Subdivision. She explained that there were three documents she would review that are requirements to release CDBG funds so that they can be spent down. Everything else has been released from the State.
#1 Local Economic Benefit for Low and Very Low Income Persons Plan
This plan must be adopted by the County. It covers a section 3 requirement which requires that the County will bid out projects and try to encourage participation from local contractors and subcontractors in the area to participate so that they can directly benefit from the influence of CDBG funds in the area.
Following some discussion, Chairman Hawkins made the motion to adopt this Resolution as presented. All voted in favor and the motion carried.
#2 Equal Employment and Procurement Plan
Ms. Bullock explained that this plan verifies that Henderson County is an equal employment opportunity employer, that when you hire that it is publicly advertised, that the employees and personnel are aware of that status, that the County does not discriminate in hiring and that David Nicholson will serve as the person to receive any discrimination complaints.
Commissioner Moyer had a question regarding the Affirmative Action requirement in the plan. He asked if the capital As could be deleted and small a=s inserted instead. That was OK with those in attendance.
Commissioner Moyer made the motion to approve the plan as amended in paragraphs 4 and 5. All voted in favor and the motion carried.
#3 Recipient=s Plan to Further Fair Housing
This plan has to be approved annually for Henderson County when they received CDBG funds. The plan was based on an analysis for impediment study that was done by the NC Fair Housing Center in 1997. Several of the action statement items will be implemented in conjunction with Land of Sky and the local Housing nonprofits in the area. David Nicholson will also serve as the individual who would accept housing discrimination complaints.
Following some discussion, Chairman Hawkins made the motion to adopt this plan as presented. All voted in favor and the motion carried.
LOCAL TAX ON GROSS RECEIPTS FROM RETAIL SHORT-TERM LEASE OR RENTAL OF MOTOR VEHICLES
Angela Beeker informed the Board of Senate Bill #1076, which was ratified by Governor Hunt on May 17, 2000, and repeals the property tax on rental or leased motor vehicles effective July 1, 2000. The Bill however provides a means for counties to replace this lost tax revenue. Counties were authorized to levy a gross receipts tax of up to one and one-half percent (12 %) on all short-term (less than 365 continuous days) leases and rentals of motor vehicles such as passenger cars, vans, minivans, sport utility vehicles, cargo vans, pickup trucks, trucks with a gross vehicle weight of 26,000 pounds or less, and trailer or semi-trailer of 6,000 pounds or less.
At the suggestion of the North Carolina Association of County Commissioners (NCACC) Staff had prepared a Resolution for the Board=s consideration which authorized the levy and collection of this local tax beginning on July 1, 2000. The Resolution places the burden on the leasing and rental establishments to file returns with and make the tax payments to the County.
Angela explained that the Resolution would actually enact an Ordinance in Henderson County.
Following much discussion, action was postponed to a later meeting. The Board requested some additional information before taking action.
PETITION TO ABANDON A PORTION OF WHITEHEAD ROAD (SR #1589)
Angela Beeker reminded the Board that the County had received a petition asking that the County request North Carolina Department of Transportation (NCDOT) to abandon and remove from the State Maintenance System a portion of Whitehead Road (SR #1589) which is located off Bearwallow Road. This petition was reviewed by the Board along with maps showing the location of the road.
NCGS 136-63 sets out the procedure by which a road may be abandoned. Before NCDOT abandons a road in the manner requested, the statute requires that the Board of Commissioners pass a motion or adopt a resolution requesting the road be abandoned. Such Board action must be based upon a finding that Athe best interest of the citizens of the County will be served thereby.@
Although no public hearing is required to abandon a road, it might be appropriate to hear from the interested public as well as the Planning Department and emergency officials before making such a determination. The Board has previously set and advertised special public input sessions for the purpose of receiving comments from the public on proposed abandonment petitions. If a public input session is scheduled, Staff requested that it not be scheduled prior to the Board=s July 3, 2000 meeting in order to allow enough time for advertisement and receipt of comments from the Planning Department and emergency officials.
If the Board were ready to find that the Abest interest of the citizens@ would be served by approving the abandonment, the Board could forego the public input session and consider a motion or resolution to request the NCDOT to abandon the road as described in the petition based upon a finding of Abest interest.@
After discussion and looking at this on a map, it was pretty evident to the Board that this would not negatively effect others to abandon this section of road.
Commissioner Moyer made the motion to approve this petition subject to a reasonable period of time for EMS and rescue, fire, and police to respond. If there are no negative comments, it would be approved. If there are negative comments, this would come back before the Board. All voted in favor and the motion carried.
ADOPTION OF FY 2000 - 2001 BUDGET
David Nicholson distributed copies of the proposed FY 2000 - 2001 Budget Ordinance. David explained the components of the ordinance:
Section 1 is the General Fund. The total General Fund is $67,304,536 and it is broken down by departments.
Section 2 is the School Capital Reserve Fund. This is monies transferred from the General Fund.
Section 3 is the total of the Fire District Funds.
Section 4 is the continuing remainder of the Special School Tax District.
Section 5 is the Revaluation Reserve Fund.
Section 6 is the Travel & Tourism Fund as recommended by the Travel & Tourism Committee.
Section 7 is the Community Development Block Grant Fund.
Section 8 is the Emergency Communication or E-9-1-1 Fund.
Section 9 is the Capital Projects Fund.
Section 10 is the Sewer Capital Projects Fund.
Section 11 is the School Capital Projects Fund. This is the ADM funds.
Section 12 is the Solid Waste Enterprise Fund.
Section 13 is the Cane Creek Sewer Enterprise Fund.
Section 14 is the Mud Creek Sewer Enterprise Fund.
Section 15 is the Justice Academy Sewer Fund.
Section 16 is the Self Insurance Fund.
Section 17 establishes the tax rates at fifty cents (50.0) per one hundred dollars valuation of property listed as of January 1, 2000. That is the same as the current year. The total valuation projected is $6,707,715,550 with a collection rate of 97.0%. The Fire Districts= Tax Rates are also in this section.
Section 18 is the restrictions the Board puts on Mr. Nicholson as Budget Officer. Also in this section are the salaries for the elected officials. The Board intends to discuss these salaries today in closed session.
Section 19 is the provisions of how we handle the funding of the school system, non-profit contributions, and the allocation for Pay-for-Performance funds to departments as needed.
Section 20 is utilization of the budget.
Mr. Nicholson stated AMr. Chairman, following Closed Session, it would be appropriate for the Board to consider this ordinance.@
UPDATE ON PENDING ISSUES
Conflict of July 19th meeting with NACo Conference
There was some discussion that some of the Commissioners will be attending the NACo Conference July 14-18 in Mecklenberg County and the complications that might create with a scheduled Board Meeting on July 19. Board members might not have adequate time to prepare for the Board meeting.
Following discussion, Chairman Hawkins made the motion to move the mid-month July meeting from July 19 to July 26, 2000 and directed staff to advertise same. All voted in favor and the motion carried.
INFORMAL PUBLIC COMMENTS
There were none.
MAYOR NIEHOFF=S LETTER re: depletion charges
Chairman Hawkins had received a letter from Mayor Niehoff which was copied to all the Board, requesting the Board consider waiving the capacity depletion fee charges for Charlestown Place ($7,800) since there is a pending Memorandum of Understanding between the City of Hendersonville and Henderson County involving the purchase of the Mud Creek Sewer System.
The capacity depletion fee is outlined in 152-37 of the Henderson County Code. It is specific in what staff is able to do with charging these fees. Staff does not have the latitude to waive them. It was the opinion of the Chairman to leave these as is until the Agreement is finalized.
Following discussion, Staff was directed to get with the City and work on this and bring back a recommendation.
Commissioner Kumor made the motion for the Board to go into Closed Session as allowed pursuant to NCGS 143-318.11 for the following reasons:
1. (a)(1) To prevent disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes, in accordance with and pursuant to NCGS 143-318.10 (e) and Article II of Chapter 11 of the Henderson County Code.
2. (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 the following claim:
Henderson County v. Crosby (File No. 99-CVS-527)
3. (a)(6) To consider the qualifications, competence, performance, character, fitness, 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.
Commissioner Ward made the motion for the Board to go out of Closed Session. All voted in favor and the motion carried.
PUBLIC HEARING - Road Name
Lee King informed the Board that the Property Addressing Staff had received two petitions for a road name in the Dana Community. The first petition was to retain the current name of Dollie Case Lane and the second requested a change to Bourbon Street. Staff had originally suggested AInteresting Lane@ as a possible road name.
In preparation for this meeting, Staff sent out ballots to the 12 property owners. Nine of those ballots were returned. Six property owners preferred Dollie Case Lane. The three others stated their preference for Interesting Lane. The original petitions and the ballots were reviewed by the Board.
According to NCGS 153A-239.1 and the County=s Ordinances - Section 142.7, the Board of Commissioners must first hold a public hearing before approving a road name. The establishment of a name for this road is the purpose of this hearing.
From the twelve ballots that were sent out to the twelve property owners, nine had been returned, according to Lee King, six voted for Dollie Case Lane, three voted for Interesting Lane, and none for Bourbon Street.
Staff had posted the notices for this Public Hearing on the road name sign itself and at the Dana Post Office. Notices were mailed to all residents along the road in question.
Mr. King explained that when the road sign went up for ADollie Case Lane@, the phone started ringing. Due to the number of calls received about the road name, the residents all received ballots.
Commissioner Ward asked to be excused from voting. The Church represented on the petition is his home Church. His Mother attends the Church.
Chairman Hawkins made the motion to excuse Commissioner Ward from voting on this item. All voted in favor and the motion carried.
Commissioner Kumor made the motion for the Board to go into Public Hearing to receive public comments regarding this road name petition. All voted in favor and the motion carried.
1. Lucille Lyda - Ms. Lyda spoke in favor of the name Dollie Case Lane. She stated that this was a historical name in Henderson County. The Methodist Church was started in a building on the place where Dollie Case lives now. Part of the graveyard was given by the Case family. Dollie Case is in her 90s and she would like it to remain Dollie Case Lane to honor Mrs. Case.
2. Rick Phillips - Mr. Phillips stated that there are twelve property owners and he knew of two people who had not received a ballot. He spoke in favor of Interesting Lane.
3. William Warren - Mr. Warren spoke in favor of Interesting Lane for the road. Originally he was one of the persons who voted for Bourbon Street. They didn=t think about the Church when they chose that name and they understand how the Church would not want to be on Bourbon Street.
4. Beth Warren - Ms. Warren spoke in favor of Interesting Lane. She was one of the eight who originally voted for Bourbon Street. She stated that papers gave the residents until the 19th of June to turn in their ballots.
5. Sergio Tapia - Mr. Tapia did not speak.
6. Tamara Tapia - Ms. Tapia spoke for she and her husband, Sergio. She brought her ballot with her to the meeting, in favor of Interesting Lane. She submitted her ballot to the Board via the Clerk to the Board.
7. Ethelann Wood - Ms. Wood spoke in favor of Interesting Lane. She had already submitted her ballot but brought a copy with her to the meeting.
8. Archie W. Case, Jr. - Mr. Case is Dollie Case=s grandson. Dollie Case is 96 years old. He spoke in favor of Dollie Case Lane. He stated that most of the current property owners originally bought their property from his Grandmother, Dollie Case, and Grandfather Case. The Church was in the Case home at one time as was the School and the Post Office. He would like to see this legacy left in honor of his Grandmother.
9. Joyce A. Case - Ms. Case spoke in favor of Dollie Case Lane. She stated that this property had been in the Case family for over 150 years and out of respect for Dollie Case Lane, she would like to see it stay Dollie Case Lane.
10. J. Clukey - Mr. Clukey did not speak.
11. Danny Thompson - Mr. Thompson stated that he never got a notice therefore he wasn=t given a chance to vote on the road name. He uses the road to access his property. Upon questioning, it appeared that Mr. Thompson did not actually live on Dollie Case Lane but on a road that intersects with Dollie Case Lane. He spoke in favor of Interesting Lane.
Upon questioning, Mr. King explained that in 1998 a mass mailing naming about 1200 roads was done. At that time the two petitions were received, one for Dollie Case Lane (6 votes) and one for Bourbon Street (6 votes). Dr. Flynn signed both petitions and then requested that his name be removed from both petitions. It was suggested to hold that road name off the list at that time because it was in a lawsuit. The property addressing coordinator over-ruled the suggestion and sent the road name through as Dollie Case Lane. Road signs are being installed for names that were approved in 1998. When the sign for Dollie Case Lane went up, Lee King started getting calls concerning the road name. To be fair, staff decided to poll the residents one more time and sent out the twelve ballots. Ten of the twelve ballots have been received with six for Dollie Case Lane, four for Interesting Lane and none for Bourbon Street. Two - no response.
Following additional discussion, Commissioner Kumor made the motion to continue this Public Hearing to July 3, 2000 at 7:00 p.m. All voted in favor and the motion carried. The Board did not wish to take action until the time had lapsed to return all the ballots (June 19, 2000).
Chairman asked Angela Beeker and Lee King to verify the votes prior to bringing them back to the Board.
PUBLIC HEARING - FY 2000 - 2001 Rural Operating Assistance Program
Commissioner Kumor made the motion to go into Public Hearing for the Fiscal Year 2000 - 2001 Rural Operating Assistance Program. All voted in favor and the motion carried.
Rochelle Miller of Apple Country Transportation presented the FY 2000 - 2001 Rural Transportation Operating Assistance Program. This transportation grant requires that the Board of Commissioners hold a Public Hearing to receive public input on the application. Ms. Miller reviewed several documents (which made up the application) in detail with the Board:
C EDTAP Transportation Plan for Henderson County FY 2000 - 2001
C Application for Operating Assistance Rural Operating Assistance Program FY 2000 - 2001
C Rural General Public Transportation Plan for Henderson County FY 2000 - 2001
C NCDOT Work First Transportation Plan for Henderson County FY 2000 - 2001
Ms. Miller requested that the Board sign the final document of the application which was a certified statement (appendix B). All these programs are consolidated into one application. The County is the only eligible applicant for these funds and all requested funds will be dispersed to the County.
1. Jeanie Martin - Ms. Martin is the Director of Partnership for Health and is the Chairperson of the Apple Country Advisory Committee. She spoke about the difficulty in recommending where the funds should be spent due to the overwhelming needs in our county. She spoke briefly about the increased needs for medical transportation. The Advisory Committee has asked Rochelle Miller and Staff to come up with a formal application process for the folks who are applying for EDTAP funds and to establish some type of criteria that the Advisory Committee can look at every year and can give to the providers who are making these applications so that they will know how they will be judged on their application.
She requested that the Commissioners take a look at the criteria once they are developed and give the Advisory Committee some input on what they think and that there be some type of long-range plan established for medical transportation in our community. She suggested using the TIP (Transportation Improvement Plan) to see if we can get some type of funding established for public transportation. She encouraged the Board to work with the Advisory Committee to develop a long-range plan to fill the medical transportation needs in the county.
2. Paul Stepp - Mr. Stepp talked about public transportation. He requested the Board set aside $10,000 as a planning tool for after school and summer transportation for children and to aim it at the Middle Schools.
He then talked about how public transportation is an economic boost for a community.
3. Eva Ritchey - Ms. Ritchey spoke on behalf of Citizens for Transportation Planning. She asked the Board to please increase the funding for public transportation, general and medical, so that we can get at least one fixed route so that we can show our elderly and young people and those who don=t drive that we=re serious about providing them transportation and the means for a productive life. Based on a letter she had received (from Sanford Cross), she felt that if the Board would do that, that the NC DOT would also contribute more to public transportation in our county.
Rochelle Miller then answered some questions raised by the Board.
Commissioner Moyer asked for a chance to respond to Ms. Martin at this time. Commissioner Moyer - AIn the most recent budget meeting which I think will be ratified tonight, we did increase the money for medical transportation by $30,000 for next year. That is though .......... that money has been frozen until we come up with a plan so it=s gonna be incumbent on both of us to work together but the Board did set aside an additional $30,000 until we looked at a plan to see what we could - but hopefully that would provide some type of level of funding throughout the year for that type of program.@
Chairman Hawkins - AIn addition to $10,000 that we set aside to make it through the rest of this year so I just add that to your comments, Bill@
Following discussion, Chairman Hawkins made the motion to approve the certification statement presented as appendix B, and amended AUnder the EDTAP Program, paragraph one - to add the verbiage that indicates that was prior to the receipt of the initial funds. All voted in favor and the motion carried.
PUBLIC HEARING - Solid Waste Management Plan
Commissioner Kumor made the motion for the Board to go into Public Hearing on the Solid Waste Management Plan. All voted in favor and the motion carried.
Gary Tweed informed the Board that Henderson County is required to update our 10-Year Solid Waste Management Plan every three years. A copy of this Plan was previously submitted to the Board. The original plan was adopted in 1997. All of the municipalities adopted the original Plan and now have approved the update. The Solid Waste Advisory Committee (SWAC) has also approved the plan.
A Public Hearing is required to seek input from the community before the Board may adopt this updated plan. A Resolution had been prepared for the Board=s consideration.
Mr. Tweed stated that the only major change in our plan is the goals that were set per capita for solid waste reduction. This past year, the year ending >98 - >99 the State=s per capita solid waste reduction was a +13% from what it was in >91 - >92, that was their target year goal. Ours was a 5% reduction. What has been recommended is we feel that we can retain the 5% reduction and that is what will be set as our goal. In the original development of the rules, the State was seeking a 40% reduction. However, with this 13% increase that they saw in >98 - >99, they are revising their state-wide goal to 10% of that >98 - >99 number. In essence, with us being at a 5% reduction we are going to be quite a bit better than what the state goal is.
1. Lynn Redmond - Ms. Redmond had a number of questions:
She asked if the plan in any way includes utilization of the landfill on Stoney Mountain Road, any further expansion of that?
She asked would there be dumping at the Stoney Mountain Road site of any type of materials? She stated that if she could get these two questions answered, she might not have others.
Chairman Hawkins replied AAs far as the expansion of the facility as far as solid waste - it=s been closed for solid waste since January 1 of 1998 so there is no more municipal solid waste that=s going in the landfill. What is taken down there is C & D or construction and demolition, wood, blocks, that type things. That does still go in the landfill. That particular aspect of operating the transfer station is one of the key factors that the county has been able to keep our tipping fee down to keep the flow that we have.@
She then asked questions about the monitoring of the landfill. David Nicholson answered that we monitor both ground water and methane gas, methane weekly and ground water semi-annually.
2. Virginia Burke - Ms. Burke is a resident of Carriage Park. She asked about the current appearance of the landfill and what the plans are for the future stating that many residents of Carriage Park have as their major view the sand hill of the landfill. Everyone driving down Carriage Park Drive has an excellent view of this eyesore. She was told in 1989, when she moved here, that the landfill will be closed and that it would be covered with vegetation. She asked if anyone could give her an idea of when covering the eyesore with vegetation would take place.
David Nicholson stated that as we close out an area, grass and vegetation are planted on it as we go. Grass and vegetation are planted across the facility fairly regularly. David further explained to her that we always plan to have some type of activity on that site but not municipal solid waste.
Chairman Hawkins made the motion to adopt the Resolution as presented. All voted in favor and the motion carried.
FY 2000 - 2001 BUDGET
The Board had discussed salaries in Closed Session and were now ready to take action.
David Nicholson recommended the Board consider adopting the budget with the following changes:
Section # 18
#6 That the Board set the compensation for the Board of Public Education Chairman at $3,500 annually and the members at $2,800 annually.
#7 That the Board set the compensation for the Sheriff at $64,000 annually.
#8 That the Board set the compensation for the Tax Collector at $54,000 annually.
#9 That the Board set the compensation for the Register of Deeds at $47,000 annually, and to add a #10 as follows.
#10 That the Board set the Board of Commissioners base salary at $9,500 annually and the
Chairman at $15,301 annually.
Chairman Hawkins stated that it had been several years since some of these salaries had been visited and adjusted and that the salaries of like officials from counties similar in size to us were reviewed prior to making these changes. We wish to pay salaries that are commensurate with the populations and levels of service that other counties are providing.
Mr. Nicholson explained that staff would go in and look at the general contingency and deduct any of the increase from the General Contingency to the individual departments.
We have a $67.3 million budget with a tax rate of 50 cent per $100 valuation.
Chairman Hawkins made the motion to approve the budget as presented. He asked for any discussion and there was some as follows:
Commissioner Ward - AWell, I=d like to say something. I compliment the County Manager on his budget as presented. I still don=t feel comfortable with all the personnel that we have added in this budget. I think it takes away some of our flexibility between our part time and our full time and our temporary help. I=d just like to go on record as saying that.@
Commissioner Moyer - AI share the concern about the number of people but I think when you step back and look at the budget and what is in there, for many years there has been things in this community that have been left unaddressed and have not been given the attention and funding and overall emphasis has long been overdue. We have taken some important steps in the right direction to begin that process, it=s far from over but I think you see the difference in the attitude in what the schools are willing to do, you=re seeing it in many other areas and I think they are positive steps that will aid and benefit our community and I=m very glad we could do it within the present tax rate but I=m also very glad to see we=re starting to address these issues.@
Commissioner Gordon - AWell, I=ll take a turn at it since everybody=s taking their shot at it. Having just sat through my second budget cycle, there is to me a real difference in last year and this year and I want to compliment the people who made decisions earlier on because I do realize there were some very tough years there when we were trying to address a lot of needs, school needs and fund balance needs and a lot of tough decisions had to be made and because those decisions I think were made we were able this year to begin to start seeing some of the rewards of that and have a little bit more flexibility than you=ve had in the past and I hope we can keep our heads together and continue that trend and that we will be able in the next two years at least that Bill and I have on here to see more of these things being taken care of.@
Commissioner Kumor - AO well, heck, you know I have to speak, gee whiz. No, I do have to say it was very pleasant this year to not feel under such restraint and you know how much I hate restraint. But I feel it is exactly as Marilyn and Bill say, it=s a budget that takes gigantic leaps forward in serving people in this community and because it took the years to finally calm down the Finance Officer and the Budget Officer with regard to our fund balance and address those real critical nuts and bolts issues for which no one could see any good coming and this was the year that it was a real treat to sit in this budget and to be able to finally address issues that didn=t end up costing a lot of money but I think will speak volumes to the community and this Board=s commitment to public service.@
Chairman Hawkins - AI know that probably everybody on the Board - there=s some items in the budget that you=d like to have seen turn out different whether it be personnel or how you address non profits or whatever but a large budget of sixty some million dollars is a lot of different pieces and I think the Board=s had a lot of compromises to arrive at the document that we have and if there=s no more discussion on it.@
Commissioner Ward - AWell I=d like to say being this is my sixth budget and I=m two behind Mrs. Kumor I know but we have worked hard cutting out some of the excess and I call it fat over the years and I think with this present Board we have done a lot of that and I didn=t say I wasn=t going to vote for it, I just said that I wasn=t happy with it.@
A vote was taken on the motion and it passed unanimously.
Mr. Nicholson thanked the Board for the time and consideration this Board had given to the budget process. This is the tenth meeting the Board has had to discuss the FY 2000 - 2001 budget.
GREEN RIVER GORGE BRIDGE
This was an add-on per Commissioner Moyer.
Commissioner Moyer explained that a new bridge is being built and the talk had been to tear down the old bridge. The new bridge is being built very close to where the old one is. A group has been formed to try to preserve the old bridge. It is a beautiful old bridge. Mr. Moyer had talked to the Department of Transportation and got involved in this. He thought that it was a dead issue because it was explained to him that the cost of keeping the old bridge and keeping it safe would be a major issue and DOT didn=t think there was much possibility.
In talking to Ken recently, he said there still is a possibility and what the State has asked for is indications of support from the various municipalities involved to take steps to try to preserve the bridge and then NC DOT would take a look a little further at it.
He asked that the Board of Commissioners support asking the State to take a look at what it would take to preserve the Green River Gorge Bridge. He asked the Board to support such a Resolution.
Commissioner Moyer made the motion to adopt such a Resolution of support. The consensus of the Board was favorable.
Chairman Hawkins stated that in 1997 there was a Precinct Review Committee report that was done in conjunction with the Board of Elections. They issued a report. Some of the items that were suggested in that report dealt with a relook at redistricting lines in accordance with population and population shifts in the county. At that time the Board took a look at it. One thing the Board discovered was that they did not have the authority to do redistricting in the county along population lines. Subsequent to that recommendation, the Board secured a local bill from the General Assembly that allowed the Board of Commissioners to, by Resolution, redistrict by population lines in the county. There hasn=t been any action taken on that pending some results from the census. We had some projections in that report that dealt with where the population would be and that will be verified by the census this fall or winter.
Commissioner Moyer distributed a memorandum he had written to the Commissioners regarding redistricting. He felt that politically and otherwise that this is the right time to resolve redistricting. His memorandum is attached as part of these minutes but it called for a Board of five Commissioners. There would be three districts. Three Commissioners to be elected according to the district in which they live but would be elected county wide and two to be elected at large which would be elected county wide. This plan would increase the candidate pool.
He asked that a workshop be held to discuss this issue as soon as possible and to get public input. He hoped that the issue could be taken care of before the end of the year 2000, work through the State process in 2001 and be ready for the next election year of 2002.
Chairman Hawkins briefly discussed a memorandum that he had distributed to the Board a couple of days ago. He asked the Board to review that memo and to add any additional items that they felt should be addressed. One item he mistakenly left off was the Historic Courthouse, which needs to be revisited shortly. Commissioner Moyer=s redistricting plan should also be added to the list.
Chairman Hawkins will work with Staff to try to get some of these items on a time line or a long-term agenda list.
The Commissioners= calendar was reviewed.
The Board set a Safety Net Zoning Workshop for 3:00 p.m. on Monday, July 24, 2000.
Commissioner Kumor made the motion to reschedule the Public Hearing scheduled for July 19 at 11:00 with regard to the appeal by Dr. Kenneth Swing to July 26, 2000 at 11:00 a.m. All voted in favor and the motion carried.
Commissioner Kumor made the motion for the Board to reconvene Closed Session as allowed pursuant to NCGS 143-318.11 for the following reasons:
1. (a)(1) To prevent disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes, in accordance with and pursuant to NCGS 143-318.10(e) and Article II of Chapter 11 of the Henderson County Code.
3. (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 the following claim:
Henderson County v. Crosby (File No. 99-CVS-527)
4. (a)(6) To consider the qualifications, competence, performance, character, fitness, 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.
Commissioner Ward made the motion for the Board to go out of Closed Sesion. All voted in favor and the motion carried.
There being no further business to come before the Board, Chairman Hawkins adjourned the meeting at approximately 10:00 p.m.
Elizabeth W. Corn, Clerk to the Board Grady Hawkins, Chairman