STATE OF NORTH CAROLINA                                              BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                                APRIL 16, 2003


The Henderson County Board of Commissioners met for a regularly scheduled meeting at 9:00 a.m. in the Commissioners' Conference Room of the Henderson County Office Building.


Those present were:  Chairman Grady Hawkins, Vice-Chairman Larry Young, Commissioner Bill Moyer, Commissioner Charlie Messer, Commissioner Shannon Baldwin, County Manager David E. Nicholson, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.


Also present were: Finance Director J. Carey McLelland, Information Technology Director Kelly Laughton, Fire Marshal Rocky Hyder, Planning Director Karen C. Smith, Paralegal Connie Rayfield, and Deputy Clerk to the Board Amy R. Brantley.


Absent were: Public Information Officer Chris S. Coulson and Budget and Management Director Selena D. Coffey.



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



Commissioner Young led those in attendance in the Pledge of Allegiance to the American Flag.



County Manager David E. Nicholson gave the invocation.



Chairman Hawkins made the following changes to the agenda:

C                  Add under Staff Report AD@, Item A4@ - Discussion on the junkyard ordinance.

C                  Add under Staff Report AD@, Item A5@ - Declaration of Law Day.


Commissioner Baldwin requested the following change:

C                  Add under Staff Report AD@, Item A6@ - Discussion of the Outcome Focused Budgeting process.


Chairman Hawkins made the motion to accept the agenda as amended.  All voted in favor and the motion carried. 



Chairman Hawkins made the motion to approve the Consent Agenda as presented.  All voted in favor and the motion carried.  The CONSENT AGENDA consisted of the following:                


Tax Collector=s Report    

Terry F. Lyda, Tax Collector, had provided the Board with the Tax Collector=s Report dated April 15, 2003.


Tax Refunds

A list of 1 tax refund request was submitted for Board approval.


Tax Releases

A list of 73 tax release requests was submitted for Board approval.

Public Records Disposal Request

Staff requested approval from the Board of Commissioners to destroy the following records in accordance with the County=s Records Retention Policy and the provisions of N.C.G.S. 121 and 132 as the period for retention of those records had expired:

C                  Bank statements, canceled checks, deposit slips and reconciliations - FY 1999

C                  Cash receipt records - FY 1999

C                  Paid Invoice files - FY 1999

C                  DSS 1571 Reports - FY 1999

C                  DSS Jobs mileage files - FY 1999

C                  Accounts receivable billing files - FY 1999

C                  Vehicle maintenance tickets - FY 1999

C                  Occupancy Tax Reports - FY 1999   


BMX Lease

In March of 2000, the Board agreed to lease approximately 2.2 acres of the field previously known as Field 8 to the National Bicycle League for the operation of a BMX bicycle track. That lease was for a three year period, and provided that the lease could be renewed for one additional three year period upon a determination by the Board of Commissioners Athat the operation of a non-motorized bicycle dirt track as described in the lease has proven beneficial to the citizens of Henderson County, and that the Board of Commissioners is therefore desirous of renewing the lease for an additional 3-year period.@ It was the recommendation of the Parks and Recreation Department to allow the lease to be renewed for the additional three year period. 


Request for Improvement Guarantee for Lots 10, 11, 33 and 34 of Etowah Golf Villas Subdivision

Etowah Golf Villas, LLC, had submitted an application for an improvement guarantee for road and sewer improvements in a subdivision known as Etowah Golf Villas. The subdivision is being developed on Fairway View Drive in the Etowah Community. The improvement guarantee is proposed to cover the cost of road improvements (grading, drainage, placement of stone and asphalt pavement) for a 150 linear foot portion of street and the cost of sewer system installation. Such improvements are intended to serve four lots on which the developer intends to build model units. On February 18, 2003, the Planning Board granted conditional approval of the combined Master and Development Plan for the entire subdivision, which will eventually contain 34 lots.


Pursuant to Section 170-38 of the Henderson County Code, a developer may, in lieu of completing all of the required improvements prior to Final Plat approval, post a performance guarantee to secure the County=s interest in seeing that satisfactory construction of incomplete improvements occurs. One type of permitted guarantee is an irrevocable letter of credit. The developer intends to secure a letter of credit from RBC Centura (or other banking corporation licensed to do business in North Carolina) in the amount of $79,112.50, which includes the cost of the road and sewer system improvements ($63,290.00) as well as the required 25% contingency of $15,822.50. The proposed completion date for the improvements is March 31, 2004.


A draft Performance Guarantee Agreement was attached for the Board=s consideration. If the improvement guarantee application is approved, the developer must submit a letter of credit in accordance with the terms of the Agreement. The County Attorney must review the letter of credit and certify the Agreement as to form prior to its execution by the Chairman and the developer.  


Governor=s Highway Safety Equipment Grant

The Board was presented a grant application from the NC Governor=s Highway Safety Program for an equipment grant to the Henderson County Sheriff=s Department. The amount of the grant was $2,527 and required no match.



Notification of Vacancies

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

1.               Travel & Tourism - 1 vac.

2.               Child Fatality Prevention Team - 1 vac.

3.               Nursing/Adult Care Home Community Advisory Committee - 1 vac.



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


1.               Nursing/Adult Care Home Community Advisory Committee - 8 vac.

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


2.         Mountain Area Workforce Development Board - 1 vac.

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


3.         Child Fatality Prevention Team - 1 vac.

Chairman Hawkins nominated Sally Hearn for appointment to this Board. Chairman Hawkins made the motion to accept Ms. Hearn by acclamation. All voted in favor and the motion carried.


4.         Asheville Regional Housing Consortium - 1 vac.

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


5.               Henderson County Planning Board - 3 vac.

At a previous meeting five people had been nominated to fill these three positions (Paul Patterson, Lyn Savage, Matt Matteson, Mike Cooper and Jack Lynch). Commissioner Young also nominated Boyce Thomas Laughter. The Clerk polled the Board with the vote being:

Commissioner Moyer     -           Paul Patterson, Mike Cooper and Jack Lynch

Commissioner Messer -  Paul Patterson, Mike Cooper and Jack Lynch

Chairman Hawkins -                  Paul Patterson, Mike Cooper and Boyce Laughter

Commissioner Young -               Paul Patterson, Lyn Savage and Boyce Laughter

Commissioner Baldwin - Lyn Savage, Matt Matteson and Boyce Laughter


Paul Patterson, Mike Cooper and Boyce Laughter were appointed to fill the three vacancies.


6.               Juvenile Crime Prevention Council - 1 vac.

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


7.               Transportation Advisory Committee - 1 vac.

There were no nominations at this time so this item was rolled to the next meeting. Chairman Hawkins noted that Commissioner Moyer indicated he would no longer be serving on that Board, which would leave an additional vacancy. He requested this be brought back to the next meeting with two vacancies.


8.               Agriculture Advisory Committee - 1 vac.

Commissioner Messer nominated Sherri Johnson. Chairman Hawkins made the motion to accept Sherri Johnson by acclamation. All voted in favor and the motion carried.


9.               Regional Vision 2010 (Land-of-Sky) - 1 vac.            

Chairman Hawkins noted that this was a Land-of-Sky Board. They have a requested an elected official or staff member serve on this Board. There were no nominations at this time so this item was rolled to the next meeting.

National Flood Insurance Program (NFIP)

Rocky Hyder reminded the Board that the last time they discussed the NFIP, there were some questions about the Floodplain Maps and the mapping project. Staff had received answers from officials with the North Carolina Division of Emergency Management regarding the NC Floodplain Mapping Project and the use of 1982 Flood Insurance Rate Maps (FIRM=s). In summary, Henderson County can utilize the 1982 Flood Insurance Rate Maps to administer the NFIP until revised. Currently the Floodplain Mapping Project in North Carolina, Phase III which includes Henderson County is not funded at this time. However the project does continue to be funded, and Phase II is being funded in 2003.


Mr. Hyder made the Board aware that one of the major issues, if the county chooses to participate in the program, would be remediation of areas in which violations or encroachments have occurred and/or remapping of the areas in question. That issue would not change regardless of when the County chooses to enter into the program.


Mr. Hyder answered several questions from the Board on the procedure for structures within the floodplain, the density of those non-conforming structures, and the associated issues. Commissioner Baldwin confirmed that if we chose to remap those areas that have been developed in the floodplain, we could still use the 1982 maps for the rest of the county. Mr. Hyder noted that the County would have to identify all the areas in which encroachments or violations exist, and then remediation or remapping could be approached.


Chairman Hawkins requested clarification on relief funding in North Carolina. He cited Senate Bill 300 which amended NCGS 166A, which tied any type of state or federal disaster assistance to participation in the NFIP. He wondered if forest fires or earthquakes were actually tied to the NFIP. He also questioned  NCGS 166A Item B which says eligible entities shall be required to provide non-state matching funds equal to 25% of the eligible cost of the public assistance grant. However, the Federal Statute in Title 44 says that is the responsibility of the state. Title 44 also allows entrance into the program within six months following a declaration. He stated that he was not sure that non-participation in the NFIP would preclude us from federal aid for another type of disaster.


Chairman Hawkins also referred to Title 44, Item H, which stated that Aduplication of benefits in accordance with the requirements of the Stafford Act ... FEMA will not provide assistance under this subpart when any other source has already provided such assistance, or when such assistance is available from any other source@. If the state will help, that is another source which would make the county not eligible for the FEMA money.


Mr. Hyder agreed that the language was confusing, and that in his experience, the rules change with every disaster. That started back with the blizzard, when the County thought we had a good damage assessment system and damage recovery system, but the rules have changed with each occurrence. Mr. Hyder spoke to NCGS 166A, which addresses emergency management and was amended by Senate Bill 300 in 2001. What that attempted to do was force every county and municipality to develop a hazard mitigation plan and participate in the NFIP, and tried to used disaster relief funds to do so. They also set out a separate standard by which if a county was impacted by a disaster, and the Federal Government did not declare that disaster to be warranting of relief, then the state could step in and provide disaster relief.


Mr. Hyder then explained that the state declaration clearly delineates that if a county does not participate in the NFIP, public assistance funding is specifically tied to that, and the county would not be eligible for that public assistance funding. Individual assistance had been set aside, and could be applied regardless of the NFIP status. There followed much discussion on the way the laws read versus what the County has been told by the State with regards to disaster relief funding, the accuracy of the 1982 Flood Rate Insurance Maps, the incorporation of the maps to the Comprehensive County Plan, and the effect of not having the insurance on the citizens of the county.


Commissioner Moyer made the motion to proceed with the steps necessary to participate in the National Flood Insurance Program. Commissioner Baldwin felt the motion should specify using the 1982 maps, and updating those with respect to the areas that may need remediation. Following clarification by David Nicholson, Commissioner Moyer amended his motion to proceed with the steps necessary to participate in the National Flood Insurance Program, recognizing that we would start with the 1982 maps, and come up with a plan on how to deal with the other issues. Following additional discussion regarding requesting an interpretation on NCGS 166 from the State=s Director of Emergency Management, all voted in favor and the motion carried.   


Mr. Nicholson summarized the direction from the Board as follows: write the State Emergency Management Director and clarify the point between other disasters as floods specifically, proceed with the steps necessary to participate in the National Flood Insurance Program, establish remediations and other parameters, and check with the Attorney General=s Office to see if their answer agrees with the State Emergency Management Director.  


Central Permitting Presentation

David Nicholson informed the Board that one of the natural follow-up steps for implementation of the GIS system, was to look at a centralized permitting system that would tie all the departments of County Government to one software package. Mr. Nicholson had requested IT Director Kelly Laughton bring together a group of Department Heads to look at the idea of centralized permitting. That group found that there was little to nothing out there for such a project, and began to explore the process of having a software package put together that would meet the needs of the County.


Kelly Laughton stated that automating the permitting process had long been an initiative in the strategic IT plan. At the beginning of the fiscal year, a steering committee was formed to direct the course of such a project. The Central Permit Project Steering Committee included participants from the various departments involved in the permit process: the Assessor=s office, Environmental Health, Inspections, IT and GIS, Fire Marshal, Planning, Property Addressing and Utilities. The following presentation was given:



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David Nicholson gave a history of the process. He stated that several years ago there was a push by Wake County to redevelop their tax system, but there is a problem getting any consistency in tax software because the best case scenario for a developer would be to sell it 100 times. Because of that, Wake County decided to develop a system in partnership with the County Commissioners Association and other counties across the state. That idea carried over to permits and inspections. IIS, the software developer for the product, worked with the County Commissioners Association and developed the product working with Wayne County and Yadkin County. Henderson County could choose to use funds authorized the past year, and get in on the implementation process of this system. 


Mr. Nicholson was very excited about how customer services would be improved with this system. As mentioned, this is an on-line system, and eventually permits may be able to be applied for on-line. Customers would also be able to check on the status of a permit electronically, and find out whether it has been issued or if there is a problem. This would also facilitate a one-stop-permitting office, rather than having builders need to visit several different offices.


There was some discussion of the untried nature of the product, since currently only Yadkin County and Wayne County are using it. Kelly Laughton stated that she thought this product was different because it was overseen by the Association of County Commissioners, and is being developed under county guidance. Also because the industry isn=t producing off-the-shelf systems, the best alternative is a program designed specifically for, owned by and supported by, county government.

Ordinance to Regulate Firing of Weapons

Chairman Hawkins reminded those present that the North Carolina General Statutes do not deal the counties any authority to deal with weapons manufacturing, the sale of weapons or ammunition. Counties are only allowed to deal with the discharge of weapons. Several different draft ordinances had been provided for the Board=s consideration. It had been suggested at a previous meeting that prior to scheduling a public input on an ordinance, the Board have some more discussion on some of the particulars.


Commissioner Moyer stated that he had requested this item be put on the agenda, and had some changes to recommend. He felt it was extremely important to have an ordinance that works, but is simple and effective. He proposed the following changes:

C                  Eliminate '196-10 Restrictions (1) - Have a simple provision that basically says you do not discharge a firearm unless it=s fired into an earthen bank or an approved metal retention system.

C                  Eliminate all the wording about certification, distances and training.


Commissioner Baldwin recommended the removal of the words Aquiet enjoyment@ from the third whereas clause, since this ordinance would not be dealing with noise. Commissioner Moyer suggested replacing the words Aquiet enjoyment@ with the word Ause@.


Chairman Hawkins questioned who would approve a backstop. He wondered if in the second draft, '196-10 Restrictions (E) AIt is unlawful to discharge a firearm in any manner likely to result in, or which actually results in, the projectile leaving the property on which it is being fired@ would cover what Commissioner Moyer was after. There followed much discussion on what type of language should be included in the ordinance.


Chairman Hawkins then suggested the following:

C                  In the third whereas clause, replace the words Aquiet enjoyment@ with the word Ause@.

C                  Eliminate '196-10 Restrictions (1)

C                  Eliminate '196-10 Restrictions (D)

C                  Add '196-10 (F)(7) - Language that would not prohibit discharging a firearm if fired into an earthen bank or metal retention system.


Commissioner Baldwin suggested Aunless an appropriate backstop is used to stop firearm projectiles@. He felt that would prevent the limitations of an earthen or metal backstop. Angela Beeker suggested a better word would be Aeffective@ rather than Aappropriate@. There again followed discussion of what the purpose of the ordinance really is, and the best way to achieve that goal.


Chairman Hawkins suggested changing '196-10 (E) to read AIt is unlawful to discharge a firearm in any manner, except in an effective backstop, likely to result in, or which actually results in, the projectile leaving the property on which it is being fired@. He restated the following possible changes to the second draft:

C                  In the third whereas clause, replace the words Aquiet enjoyment@ with the word Ause@.

C                  Eliminate '196-10 (1)

C                  Eliminate '196-10 (B)

C                  Change '196-10 (E) to AIt is unlawful to discharge a firearm in any manner, except in an effective backstop, likely to result in, or which actually results in, the projectile leaving the property on which it is being fired@.


It was the consensus of the Board to have Ms. Beeker make the above noted changes, and bring it back to the Board at their next meeting. If the Board approves that draft, they can then set a date for public input.



1.               Natalie Andresen - Ms. Andresen stated that she lives on Long John Mountain at 27 Birch Lane. She stated that there are three driveways on her street. She has one neighbor that uses the street as his private ranch, boathouse, or parking lot. She stated that the property owners association has been active in trying to protect the area, but has been unsuccessful. She wondered if there was a way the county could put a sign up to restrict parking on the road. There was some additional discussion between Ms. Andresen, the Board and Mr. Nicholson, with Mr. Nicholson stating that about all the County could do was contact the Highway Patrol about the blockage of the road.


2.               Marian Lowry - Ms. Lowry requested the Board support a Proclamation celebrating Law Day on May 1st. The administrative office of the courts of North Carolina are working with the North Carolina Judicial Council to raise the standards of North Carolina Courts. The Henderson County Clerk of Courts will oversee the project locally. On May 1st the League of Women Voters will be hosting a luncheon at noon, and two members of the administrative office of the courts will be present to explain the project. She thanked the Board for their support.


3.                John Fadok - Mr. Fadok is the owner and operator of the Hendersonville Airport. He spoke to the National Flood Insurance Program. He stated that participation in the NFIP would hurt his business. Any substantial damage done to the airport may not be repairable under the NFIP. He felt it is a costly program, and noted that in the four or five times the airport had been flooded in the past 60-70 years, no damages would have been covered by the NFIP. If the County proceeds with the NFIP, he would be required to pay insurance for basically no protection. He felt that there is not a lot of need for flood insurance in this area, and that participation in the program would just encourage people to build in the floodplain.   


Update on Pending Issues

Legislative Update  

Ms. Beeker provided the Board a list of Bills being tracked by the Legal Department on behalf of County Government and its various departments. She stated that if there were any bills on the list that the Board would like more information on, to let her know. She did point out the following Bills of interest:

House Bills

C                  0403 - Religious Freedom Restoration Act - The act would prevent government from doing anything to interfere with someone=s free exercise of religion.

C                  0429 - Just Compensation/Local Government Taking - This would limit the County=s ability to amortize non-conforming uses in zoning.

C                  1021 - County Approval of Involuntary Annexation - Would require approval of the Board before a municipality could annex.

C                  1064 - Delegations of Authority - Trying to broaden the counties authority.

C                  1102 - Record Closed Sessions - Would require the Board to tape record closed sessions.

C                  1095 - Public Safety Officers Right to Organize - Would allow unions to come into county government for law enforcement and emergency medical personnel.

C                  0924 - State Government EEO - Would amend the State Personnel Act to provide that no discrimination can be based on sexual identity, gender identity, or gender expression.

Senate Bills

C                  0287 - (H232) Incorporate Mills River - The Bills to Incorporate Mills River have been introduced.

C                  0841 - Prosperity Project - Would run Highway 74 from Asheville to Wilmington making it a four lane for that distance.

C                  0692 - Terror Response Plans - Proposes to make the County=s response plan for terrorist activity not a public record, and would allow the Board to discuss those plans in closed session.


Mr. Nicholson went over the budget and some financial issues. The House budget committee had made the following changes to the budget submitted by the Governor.

C                  There has been a two year delay on the elimination of the 2 cent sales tax.

C                  There has been a delay in reduction of several income tax measures such as personal income tax, child credit tax and the marriage penalty.

C                  A $10 million dollar cut to Smartstart, and a $9.7 million dollar increase in More for Four.

C                  Put Teacher Assistant=s positions back in at a cost of $18.5 million.

C                  The Tobacco Settlement Fund is being robbed.

C                  $100 million dollars for a disaster reserve fund has been pulled out.  

C                  There has been a $290 million dollar cut from Health and Human Services.

C                  Adds back in the ADM funds, for the coming year that would be $58 million dollars.


Mr. Nicholson briefly discussed some proposed bills that were financial in nature. Those bills dealt with:

C                  Medicaid relief

C                  Cigarette tax increases to fund Medicaid

C                  Local option sales taxes 

C                  An issue between the Board of Education and the School Board about not funding enough money to operate a system of free public schools, dealing with mediation and joint meetings.


The Board took a five minute technical recess. 


Cane Creek Charter

David Nicholson questioned whether the Board wished to consider some individuals from the Mills River Community to serve on the Cane Creek Advisory Committee. That Committee was established about three years ago to work with the County in their role as district supervisors, and keeps the Town of Fletcher informed about matters related to operation and expansion of the district. He reminded the Board that the appointments they currently make are two individuals who live within the district but outside the Town of Fletcher. Mr. Nicholson presented a draft charter for the Board=s consideration.


Chairman Hawkins stated that Commissioner Messer had indicated a willingness to serve as the Commissioner on the Board. Chairman Hawkins stated that if the Board wished to continue the charter, he would nominate Commissioner Messer to be the Chair of that Committee. He noted one typographical error in the draft for correction. Chairman Hawkins made the motion to accept the new draft for the advisory charter and have Commissioner Messer serve as it=s Chairman. All voted in favor and the motion carried.  


HCTV - 11

Mr. Nicholson stated that as part of the current franchise with Mediacom, the County was allowed to create a governmental channel. Currently the County does broadcast quite a few programs on the channel such as Board of Commissioner meetings, special called meetings, County Connection (ongoing programs about various departments), and special issues as they arise. When the channel is not being used for programming, a character generator is used to share additional information. One of the problems with the channel is that currently the system is at Mediacom=s office, and they only have three tape decks. That limits us to no more than three programs in one day.       


The issue recently arose regarding an educational channel. However, the current franchise allows for only one channel for this type of use. Mediacom has taken a strong stance even nearing franchise renegotiations, that they do not wish to add an addition channel for educational use. Mr. Nicholson stated that since the county seems to have used the channel to the capacity that we can without making some major changes, it might be time to take a second look at the operation of the channel.


Mr. Nicholson had spoken with Blue Ridge Community College, and he and Dean Hutto are working on a joint operation of that channel to more fully utilize the channel. Some of the things BRCC currently does that would expand the channel are pre-school education programs, improving reading and math skills, GED programs, and law enforcement programs. He proposed using the cable franchise fees within the budget for staff, equipment and operating costs associated with the operation. There followed some brief discussion on the various possible uses for the channel.     

Junkyard Ordinance

Commissioner Young had requested an update on the junkyard ordinance, as he had gotten some inquires about it. Angela Beeker reminded the Board that when Open-Use zoning was put into effect, junkyard provisions and the regulation of new junkyards was wrapped into that. Pre-existing junkyards however continue to be regulated by the old ordinance. Junkyards are classified as either a principal use or an accessory use, and are treated accordingly. Under the new zoning ordinance you can have up to two manufactured homes on a piece of property and up to four motor vehicles.


Commissioner Young stated that the calls he had gotten were about abandoned cars on property next to them. He cited an example of a property on Mountain Road near 25 North, stating that it is a health hazard. Karen Smith stated that the ordinance is being enforced to the best of their ability. In the Mountain Road example, it existed prior to the new zoning ordinance and is therefore grand-fathered. Because of that it continues to be an ongoing problem.


There followed discussion regarding the ordinance that deals with junked cars on private property. Angela Beeker stated that the only way to deal with the problems that exist currently would be to enact the amortization piece of the ordinance. Commissioner Baldwin felt that Chapter 183 of the Code could be written in such a way to deal with specific issues. Angela Beeker stated that Chapter 183 was written under a whole different set of the General Statutes, and she would never recommend incorporating this discussion into Chapter 183 because it has a whole different enabling authority. She felt these problems needed to be addressed in the zoning ordinance. There followed much discussion about why Chapter 183 should not be utilized for this problem, the issue of amortization for removal of those junked vehicles, and zoning approaches versus nuisance approaches.


David Nicholson stated that the Board=s frustration with the process is the same as staff=s frustration, and they have spent a lot of effort trying to figure out what to do with the process. He requested the Board allow staff to do some more research on this subject and bring those findings back to the Board at a future meeting. Commissioner Baldwin requested that in doing that research, staff look particularly at Chapter 183.    

Law Day Proclamation

Chairman Hawkins reminded the Board that a letter had been received from Marian Lowry and the League of Women Voters regarding a Proclamation for Law Day. He had asked Commissioner Moyer to look at one of the provisions of that proclamation for the Board. Commissioner Moyer stated that the Board had issues with past Proclamations, particularly with respect to the AWhereas@ clauses. Rather than debate the wording of AWhereas@ clauses, the Board can just adopt the resolution with respect to the date.   


Commissioner Moyer made the motion to declare Thursday May 1, 2003 as Law Day and urge the citizens, schools, businesses and media to use this occasion to dedicate themselves to preserve and strengthen the rule of law and the independence of our courts. All voted in favor and the motion carried.


Outcome Focused Budgeting

Commissioner Baldwin reminded the Board that based on discussion at a previous meeting, he felt there was some confusion over the Outcome Based process. He requested staff go ahead and compile a report for presentation to the Board that would address the following issues:

C                  Where are we currently in the process

C                  Where do we want to go with the process, what are the objectives

C                  How are we going to get there

C                  When are we going to get there


He felt the Board needs to take a formal position with this, but the information is going to have to bubble up from the County Manager about where we are in the process. Following that, the Board will need to make the decision to either embrace the process or not. Mr. Nicholson noted that staff was already at work on such a report.


Chairman Hawkins reminded the Board of a need to set a Public Hearing for the Animal Services Ordinance. Mr. Nicholson had booked the Kaplan Auditorium at the Library for two possible dates. Chairman Hawkins noted that the Board has the capability of setting some parameters for how the time will be allotted in those meetings, and in the past had published those times with the official notification. He stated the Board could allow one person to speak for a group, and allow them whatever time they needed. He felt that would be appropriate for the 191 zoning issue, but might also be appropriate for the animal services ordinances.


Chairman Hawkins suggested a time limit on the animal services ordinance meeting of three minutes for individual comments. Commissioner Moyer suggested pushing it to four minutes, as there have been constant problems with three minutes. Commissioner Baldwin suggested four to five minutes for the animal services ordinance and three minutes for the 191 rezoning. Chairman Hawkins made the motion to set the public hearing on the Animal Services Ordinance for May 20th at 7:00 pm to be held at the Kaplan Auditorium at the main branch of the Library with a four minute time limit on individual presentations. All voted in favor and the motion carried.


Chairman Hawkins stated the need to reschedule the 191 rezoning which had been postponed due to snow. He questioned whether May 8th would suit the Board. David Nicholson noted just for the Board=s information that May 8th was the same date scheduled for the litter summit. Chairman Hawkins again raised the question of time limits for this public hearing. He had been contacted by the representative of several homeowners associations (Mr. Swartzel) as well as representatives for the applicant. He suggested setting the parameters to allow those two groups the time they needed to make their presentations. There was much discussion about whether an unlimited amount of time should be allowed for Mr. Swartzel or any other homeowners group. Chairman Hawkins made the motion to reset the R-02-07 Public Hearing  for Conomo Properties for May 8, 2003 at West Henderson High School at 7:00 pm. All voted in favor and the motion carried.   


Chairman Hawkins stated that he has been trying to contact the Mayors to discuss a date and agenda for Regional Water Agreement discussions. He will inform the Board once that meeting has been set.



There being no further business to come before the Board, Chairman Hawkins made the motion to adjourn the meeting at approximately 11:56 a.m.  All voted in favor and the motion carried.





                                                                                                                                                                             Elizabeth W. Corn, Clerk to the Board                            Grady Hawkins, Chairman