MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at
Those present were: Chairman Bill Moyer, Vice-Chairman
Also present were:
Planning Director Anthony Starr, Fire Marshal Rocky Hyder, Finance Director J.
Carey McLelland, Deputy Clerk to the
Board Terry Wilson, Engineering and Facility Services Director Marcus Jones,
Public Health Director Tom Bridges, Director of Health Education Linda
Charping, Associate County Attorney Sarah Zambon, Research and Budget Analyst
Amy Brantley, County Assessor Stan Duncan, Building Services Director Sam
Laughter, Erosion Control Division Chief Natalie Berry, Senior Planner Autumn
Radcliff, Planners Matt Cable and Matt Card, and Code Enforcement Director Toby
Linville.
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Commissioner Young led
the Pledge of Allegiance to the American Flag.
INVOCATION
Commissioner Mark
Williams gave the invocation.
INFORMAL PUBLIC COMMENTS
1) The community of Horse
Shoe has a significant role in the history of
2) It was one of the
original two sites for the
3) It would be a travesty
to the Horse Shoe community and
She
stated that on August 30, members and residents of
In
reference to the Etowah/Horse Shoe small area planning boundary, she stated
that the boundary should be adjusted to include
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested
that a “Resolution declaring September 22 Big Sweep Day” be added as item J to
the consent agenda. There were no other adjustments to the agenda.
Commissioner McGrady made the motion to adopt the agenda
with the one change requested. All voted in favor and the motion carried.
CONSENT AGENDA
Commissioner McGrady made the motion to approve the consent
agenda. All voted in favor and the motion carried.
Minutes
Draft minutes were
presented for the Board’s review and consent approval of the following
meetings:
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, had presented the tax collector’s report dated
Tax Refunds
Tax Releases
Lease Agreement – Foothills Highland Games – Scottish Clans
of the South
The Scottish Clans of
the South (SCOTS) requested the use of Jackson Park as the venue for their
annual Foothills Highland Games between November 1 and 4, 2007. This event was held at Jackson Park last
year. In order to accommodate their need to have fires and firearms as part of
the event which is not permitted in accordance with Park Rules, the County’s
Legal Department has prepared a Lease Agreement (included in the agenda packet).
This agreement has been approved and signed by the SCOTS. With the Board’s
approval of the Lease, the SCOTS will have permission to utilize the designated
areas of Jackson Park and the fire and firearm portions of the Park Rules will
be modified accordingly.
Staff requested the
Board approve the prepared Lease to permit SCOTS to hold their 2007 Foothills
Highland Games at Jackson Park.
Suggested motion: “I
move that the Board approve the Lease Agreement with the Scottish Clans of the
South for the 2007 Highland Games at Jackson Park.”
Waterline Extensions:
The City of
Staff recommended action
by the Board of Commissioners, either to grant or deny this request. If the
Board decides to approve the requested extension the following motion was
provided.
Suggested motion: “I
move the Board approve the waterline extensions for Cummings Cove, Haywood Park
Estates, and Northwoods, and direct Staff to convey the County’s comments to
the City of
Public Safety Interoperable Communications (PSIC) Grant
Letter of Support
The Henderson County
Sheriff’s Office and the Henderson County Department of Emergency Services
requested that the Henderson County Board of Commissioners sign the prepared
Letter of Support for the Public Safety Interoperable Communications Grant. By
signing this Letter of Support the Henderson County Board of Commissioners
allows
Staff requested the
Board approve and sign the prepared Letter of Support, allowing Henderson
County to participate in the regional interoperable communications grant
planning and implementation.
Suggested motion: “I
move the Board approve and sign the Letter of Support.”
2007 Strategic Plan & Capital Projects Update
Included in the agenda
packet were the monthly Strategic Plan and Capital Improvements Plan updates
for the Board of Commissioners review and discussion. No action was required.
Suggested motion: “I
move that the Board accept this monthly update for information purposes.”
School Health Nurse Funding Initiative
A State grant, called
the School Nurse Funding Initiative, provides $50,000 for a full time school
nurse, additional to the current school nurse staffing level. The aim is to improve the school nurse to
student ratio closer to the ratio of 1:750 recommended by the Centers for
Disease Control & Prevention, the
While these funds have
been allocated in the past utilizing a funding formula for school health
nurses, this is the first year that
The Board was requested
to authorize the Health Department to accept the funds offered on a continuing
basis by the State for adding a new public health nurse as soon as
Suggested motion: “I
make the motion that the Health Department be authorized to accept the State
funding grant for the purpose of hiring a new public health nurse as soon as
October 1, 2007.”
NOMINATIONS
Notification of Vacancies
The Board was informed
of the following vacancies which will appear on the next agenda for
nominations:
1.
Apple
Country Greenway Commission – 2 vac.
2.
Community
Child Protection Team (CCPT) – 5 vac.
3.
4.
Nursing/Adult
Care Home Community Advisory Committee – 1 vac.
5.
Solid
Waste Advisory Committee – 1 vac.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
1.
Cemetery Advisory
Committee – 3 vac.
Terry Wilson explained
to the Board that positions # 1 and #6 are up for nomination, those persons are
willing to serve another term, Wanda Case and Jerald Willingham. Michael Arrowood in position #2 is not able
to serve another term.
Commissioner McGrady
nominated Wanda Case and Jerald Willingham for reappointment. Chairman Moyer made the motion to accept by
acclamation Wanda Case and Jerald Willingham for reappointment to positions #1
and #6. All voted in favor and the motion carried.
Commissioner Young
nominated Jessica Miller to position #2. There were no other nominations. Chairman Moyer made the motion to accept Ms.
Miller by acclamation to position #2. All voted in favor and the motion
carried.
2.
Child Fatality
Prevention Team – 1 vac.
No
nominations were made at this time so this item was rolled to the next meeting.
3.
Etowah/Horse Shoe
Communities Planning Committee – Chair appointment
Commissioner McGrady
nominated John Antrim as Chair. Commissioner Williams nominated Kenny Allison.
Commissioner Young nominated Debbie Ducote. It was the consensus of the Board
to suspend the rules and vote today rather than rolling this to the next
meeting.
The Clerk polled the
Board with the vote as follows:
Commissioner McGrady – John Antrim
Commissioner Williams – Kenny Allison
Chairman Moyer – John Antrim
Commissioner Messer – John Antrim
Commissioner Young – Debbie Ducote
John Antrim was
appointed with three of the five votes.
4.
No nominations were made
at this time so this item was rolled to the next meeting.
5.
Hospital Corporation
Board of Directors – 4 vac.
Chairman Moyer stated
that three of the four currently serving are willing to be reappointed and one
is unable to serve another term.
Commissioner Williams nominated Joseph W. Smith for reappointment
to position #4. Commissioner Young nominated
Dr. John Bell for position #2 and Fielding Lucas for position #11. Commissioner Messer nominated Bob Eklund for
position #9. Commissioner McGrady
nominated Jack Swanson for position #11.
Chairman Moyer moved the Board accept by acclamation John
Bell for position #2, Bill Smith for position #4, and Bob Eklund for position
#9. All voted in favor and the motion carried.
Chairman Moyer stated
that the fourth vacancy will be rolled to the next meeting. There were two
nominations for position #11, Fielding Lucas and Jack Swanson. The Board will
be polled at that time.
6.
Juvenile Crime Prevention
Council – 6 vac.
No nominations were made
at this time so this item was rolled to the next meeting.
7.
Nursing/Adult Care Home
Community Advisory Committee – 1 vac.
Terry Wilson informed
the Board of a recommendation from the Chair of the committee. She recommends
the appointment of Roanne Welsh to position #13. Chairman Moyer moved the appointment of Roanne Welsh to position
#13. There were no further
nominations. All voted in favor and the
motion carried.
8.
Planning for Older
Adults Block Grant Advisory Committee – 2 vac.
No nominations were made
at this time so this item was rolled to the next meeting.
9. Senior Volunteer Services Advisory
Council – 2 vac.
No nominations were made
at this time so this item was rolled to the next meeting.
SOIL EROSION AND SEDIMENTATION CONTROL UPDATE
Natalie Berry introduced
herself as being the Erosion Control Division Chief. She updated the
Commissioners on the status of the Soil Erosion and Sedimentation Control
Division.
Staffing: Natalie
Berry is the Erosion Control Division Chief with 5 years experience in
operating a Stormwater Erosion Control Division for a municipality. She is certified in erosion control,
stormwater, as well as flood plain management.
She plans to hire an erosion control technician. She has narrowed the search down to three
applicants and plans on making a decision this week and having them on board by
October 1. She has 28 applications for
the Erosion Control Permit Specialist and has narrowed it down to 10
applicants. They are finishing up the
interviews this Thursday and hope to have a decision by the end of the week.
Training: Natalie
Berry explained that there is a training opportunity coming up that she will be
attending, October 30 and 31 in
Equipment: Ms.
Vehicles: Ms.
Forms: Ms.
Ms.
easily. Ms Berry explained that they will be covering all
jurisdictions except
Ms.
execution. She must submit it back to the State by September
25. Once the State executes their
part of it, she
will start acquiring the equipment, computers, and trucks. She already has a website developed, just
doesn’t
have it published yet. She is waiting to publish it on
October 1.
Ms.
authorization for
were glad this division exists. Together they decided the
best way to do it was to make a clean break.
October 1 this division will take anything brand new.
Anything up to October 1 the State will continue to
handle. If the State has approved the plans and the
construction has not started, it is still under the jurisdiction
of the State. Ms.
engineers the State deals with in
that the division exists and where they are located. She informed the Board that as soon as her
phones are
installed today and she has a phone number to put on the
letterhead, she will send the letters out to the
engineers so they should receive them before October 1.
She informed the Board that they are on track and ready to
open October 1 at
success.
PRESENTATION OF HISTORIC COURTHOUSE ENERGY STUDY
Marcus Jones introduced
Dave Lowles who works with Waste Reduction Partners. Mr. Jones has visited a lot of the county
facilities with Mr. Lowles, he’s reviewed them for energy efficiency and
potential improvements we might do to make them more energy efficient.
Dave Lowles reviewed
with the Board the findings on the Historic Courthouse. He stated that they did a walk-through in
August at which time they identified some apparent deficiencies. They were unable to confirm the intent of the
plan so they met in September with the Architect, Alan Antoine, and the
engineer Tom Wilson. After that meeting,
many of the questions they had were cleared up resulting in the following recommendations
yet to be added to this building:
In general, Mr. Lowles
thinks this will be a good energy efficient building. It will not be state of the art but it is
hard to get that in a historic building.
Marcus Jones explained
that some good energy efficient measures were designed into the original design
of the courthouse rebuild. The items
that Mr. Lowles has brought forth are certainly something that can be
incorporated into the management practices and within management budget.
ENERGY SAVINGS PERFORMANCE CONTRACT CONCEPT
Marcus Jones reminded
the Board that as part of Strategic Plan 1.1F to Develop and Implement an
Energy Policy and Plan, staff is investigating the concept of a “Performance
Contract.” Another name for Performance Contract is “Guaranteed Energy Savings
Contract.” Under such contracts, the contractor identifies improvements in the
areas of lighting, indoor air quality and HVAC (heating and air conditioning
systems) that would be paid for by a guaranteed energy savings. The important component of the contract is
that the contractor must guarantee that the improvements will pay for
themselves over a defined period of time, usually ten to fifteen years. Therefore, the contractor must track the
energy usage after the improvements are made.
If the debt service for the improvements is not realized in the funds
saved from the reduction in energy usage, the contractor must pay the
difference.
A Performance Contract
allows the use of future energy savings to finance facility improvements for
existing buildings now. The contracts
are in accordance with NC Stature 143-64.17 which requires the following:
* The
projects be 100% self-funded including the cost of financing
* The
contractor provide a 100% guarantee
* The
process has Local Government Commission oversight and approval
Some other governments
in
The first step in the
process of developing a Performance Contract is to determine which facilities
qualify for contracts. If it is determined that there are eligible facilities,
a Request for Qualifications is developed. From the responses to the RFQ and
based on qualifications, a contractor is selected and recommended to the Board for
approval. Upon Board approval, a
contract is negotiated and brought back to the Board for approval.
Dave Lowles of Waste
Reduction Partners and Richard Self from Johnson Controls, Inc. were also in
attendance and available to answer questions. Mr. Lowles has been involved in
the process by performing energy audits on
This item was presented
as information regarding specific progress being made on the County Strategic
Plan. If agreeable to the Board, staff
will prepare and present an implementation plan for this concept at an upcoming
meeting.
Mr. Self presented the
concept (by Power Point) called “Performance Contracting” which is a guaranteed
energy savings. Change Orders are not allowed. He explained that NCGS 143-64.17
is the specific citation that allows this process. Any city or county in
Steve Wyatt explained to
the Commissioners that staff wanted this presented to the Board because they
felt this was something that had potential but obviously it is something the
Board has to be comfortable with. The Attorney will have to do a lot of
research to make sure that we do this right, if the Board so chooses. Mr. Wyatt
recommended that the Board review the additional materials that Mr. Self had
provided at their convenience. Staff
would like to schedule this back on the agenda in a month or so for discussion.
He was just requesting the Board begin the consideration of this concept at
this time.
LAND DEVELOPMENT CODE
Anthony Starr stated
that the Board of Commissioners had received considerable public comment regarding
the draft Land Development Code (LDC) since the public input sessions in March
and April and the public hearing on
The Planning Staff had delivered
to the Board a new draft LDC and Zoning Map reflecting the changes directed by
the Board (this past Monday).
Staff also delivered the
Planning Board’s recommendation directed by the Board, having met last night
and voting seven to zero to approve the LDC and Zoning Map with no additional
recommendations, effective midnight tonight, Wednesday, September 19, 2007. Mr.
Starr stated that all the changes discussed at the September 11 workshop have
been implemented in the new draft.
He stated that all legal
requirements have been fulfilled to permit adoption of the LDC. Staff had
prepared a resolution for adoption of the Land Development Code and Official
Zoning Map.
Following discussion, Commissioner McGrady moved that the Board of
Commissioners approve the prepared resolution and adopt the Land Development
Code and Zoning Map as presented. All voted in favor and the motion carried.
Chairman Moyer explained
that we all know that there will be changes that have to be made in the document
and we are committed in the December/January period to look at the changes that
have come up and see what has to be addressed.
There was a request that
instead of just the Chairman executing the document, that all five
Commissioners sign it. All the Commissioners were in agreement.
The Commissioners
commended Anthony Starr and his Staff and the Planning Board on all their long
hours and fine work on this document. Anthony Starr stated that with this Code
we are well in front of most counties in this State.
CONSIDERATION OF THE ETOWAH/HORSE SHOE
COMMUNITIES PLANNING BOUNDARY
Anthony Starr reminded
the Board that on
In response to some
public comments this morning, Mr. Starr stated that this is the Etowah/Horse
Shoe communities plan. It is for both areas, not just the Etowah area. Horse Shoe is not being included as part of
Etowah. This has absolutely nothing to do with the incorporation process that
is being discussed in the communities.
Mr. Starr stated that at the last Board meeting, the Board included all the
Following some
discussion, Commissioner McGrady made the
motion that the Board adopt the map as recommended as the Alternative CP
Boundary as the boundary for the Small Area Planning for Etowah/Horse Shoe. All
voted in favor and the motion carried.
2007 COMMUNITY HEALTH ASSESSMENT UPDATE
Linda Charping, Health
Education Director at the Health Department, informed the Board that every four
years local public health departments are required to conduct a Community
Health Assessment (CHA) and during off years to provide data updates to the
report. The Henderson County Department
of Public Health is presently involved in the 2007 CHA in collaboration with
the Henderson County Partnership for Health and numerous other organizations
and agencies in our community. Ms. Charping is coordinating the project. She
updated the Board on the project, the survey tool being used to get citizen
input and the timeline for the project.
Ms. Charping stated that the last Community Health Assessment was done in
December 2003. We are currently in the process of completing one that will be
due in December of this year. She stated
that in the process we will be able to identify what our strengths are, what
resources we have in our community to address some of the other problems that
we have, and it will be an opportunity to identify and plan how to address some
of those problems. The current process began in March. A community health
assessment team was formed involving people from other agencies and organizations,
about 30 people in all. They have been collecting data. They are doing a Community Health Opinion
Survey, a copy of which was included in the agenda packet. This survey was distributed widely in the
community, also online. She encouraged the Board members to complete the
survey, if they had not done so and return it to the health department, to Ms.
Charping, or to the Partnership for Health. So far they have about 1,000
surveys and are entering that data into a database to be able to analyze what
the community thinks are some of the bigger problems. They are conducting key
informant interviews. They have talked with about 25 key members in the
community and they will be analyzing that information. They are reviewing data
available through the State and from other sources. They will be selecting
health priorities, creating a report for the State, and then reporting back to
stakeholders in our community about what those priorities are. The Community
Health Assessment can be used in grant writing, planning programs and
development, and it helps to identify what the problems are so that plans can
be developed to address those issues. It
also helps to be able to activate for change or for policy changes or new
programs. At the time of the last Assessment seven priorities were identified:
1.
Obesity
2.
Dental
3.
Mental
Health
4.
Tobacco
Use
5.
Shortage
of School Nurses
6.
Asthma
7.
Colorectal
Cancer
Ms. Charping stated that
the Assessment is updated yearly in the State of the County Health Report.
Ms. Charping told the
Board that she looked forward to returning after the first of the year to
report on the findings from this process for the new Assessment.
STORMWATER MANAGEMENT CONTINUED
Steve Wyatt stated that
earlier in the meeting Natalie Berry gave a great presentation updating the
Board on Soil Erosion and Sedimentation Control. He stated that the purpose of
this agenda item was to present options for the Board’s consideration regarding
developing a County Stormwater Management Program. Staff has no specific timeframe
for this other than the fact that it won’t be long before discussions will
begin on 2008-09 Budget and planning for that, as well as the January retreat.
Chairman Moyer stated
that the Board of Commissioners took action on this item at the July 18 meeting,
under consent agenda. At that time the Board agreed to study and research on
moving towards our own program but needed more information. The Board wanted to
see specifically what grants and other resources would be available.
Marcus shared with the
Board additional information he had gained since the July 18 meeting, sharing a
PowerPoint presentation (attached as a part of these minutes). He explained
that there has been a State Program since July 1 and he had been in contact
with Mike Randall who is managing the State Program. One Engineer is managing
the State Program for 19 counties.
The options presented
for the Board’s consideration were:
1.
No
(Department
of Environment and Natural Resources) which began July 1).
2.
Further
Decision. This option will schedule an Agenda Item for a future meeting for the
Board
to discuss the matter and if needed for staff to research and answer any
questions
or
concerns.
3.
Initiate
County
“delegated” Stormwater Program similar to our efforts in Sediment and Erosion
Control. The first step would be to apply for a NC
Clean Water Management Trust Fund
Grant.
Upon completion of the grant, a proposed ordinance would be brought to the
Board for consideration and approval.
Marcus Jones stated that
if the County decides to pursue a County Stormwater Management Program the
first step would be to model our stormwater (the existing conditions) in the
county so that we would know what we were regulating. In the modeling process
we could identify potential existing projects that could have an impact on
existing conditions that will not be affected by a Stormwater Management
policy, which would obviously only affect future developments. It would also
provide us the ability to develop a potential Ordinance for Stormwater. The match for this grant has been included in
the FY 08 budget. The State program is
funded by permit fees. Staff would
recommend that a
1.
Apply
for Clean Water Management Trust Fund Grant
2.
Model
Stormwater
3.
Develop
Ordinance
4.
Apply
to State for Delegated Program
5.
Estimate
and Budget for Program Cost
Chairman Moyer liked the
ability to tailor the Program that is right for
Commissioner McGrady made the motion to apply for a NC Clean Water Management Trust Fund Grant which
are available for the development of a Stormwater Master Plan and Program. All
voted in favor and the motion carried.
ROOM OCCUPANCY TAX
Russell Burrell stated
that currently
Additionally, Travel and
Tourism is requesting the Board authorize that an additional one cent room tax
which is currently available, be specified specifically for use by Travel and
Tourism. That additional cent would not
be added to the room tax at this time, but would be available to Travel and
Tourism to be used at their discretion at a future date. However, given the current language of the
legislation enabling the room occupancy, it is the opinion of the County
Attorney that only the Board of Commissioners can levy the room occupancy tax,
and once levied, it is owed by room occupants and must be collected (so there
cannot be discretion in Travel and Tourism).
Commissioner Young
currently sits on the Travel & Tourism Board. He stated that a couple of
meetings ago, the Travel & Tourism Board voted to bring this request to the
Board of Commissioners to get approval.
Chairman Moyer suggested
splitting the two issues, stating that he and Commissioner Young would work on
the fifth cent and see how it can be structured. The fourth cent has been in
the works for quite a while. Travel and Tourism clearly needs some renovation
and improvements. One half cent will go to that and one half cent to promote
the Museum in the Historic Courthouse.
Commissioner Young moved that the Board increase the rate of
the Room Occupancy and Tourism Development Tax to four percent from the current
three percent, and that one-half of the increase be earmarked to defray the
costs of the operation of the Historic Courthouse, and the other one-half of
the increase be set aside toward the payment of the cost of construction or
renovation of a Travel and Tourism facility. All voted in favor and the motion
carried.
Recess
Chairman Moyer called
for a 10 minute break to change videotapes.
PUBLIC HEARING – Application to the North Carolina
Department of Transportation (NCDOT) for Rural Operating Assistance Funds
(ROAP)
Commissioner Messer made the motion for the Board to go into
public hearing. All voted in favor and
the motion carried.
Hope Bleecker appeared
before the Board for her first time as a new employee in the Planning
Department. This date was scheduled for a public hearing on an application for
a North Carolina Department of Transportation Rural Operating Assistance Grant
(ROAP) in the amount of $231,448. If
awarded, the funds will supplement the Apple Country Transit Operations.
These grant funds are
not intended to supplant or replace existing federal state or local funds
already designated to provide services.
The grant funds will provide for senior and disabled transportation
programs, transportation for a WorkFirst educational program, and an
experimental fixed-route operation to Edneyville. None of the programs require
matching funds from
A notice of Public
Hearing was published in the newspaper on
The Board of
Commissioners must hold a public hearing on the application, approve the
Certified Statement (Appendix A), and authorize staff to file the application
with the North Carolina Department of Transportation subject to any comments at
the hearing. Staff recommends action as
soon as possible to meet an extended late September deadline. The original July
13 deadline for filing ROAP applications has been extended because the General
Assembly did not authorize the supplemental monies until June, which delayed
noticing to the Counties.
A question was raised
about the experimental fixed route in Edneyville. Ms. Bleecker stated that they are proposing a
bus service to Edneyville. They are still meeting with some of the residents to
finalize the route. Out of all the requests received for the bus system, people
ask most about Edneyville. They are proposing use of a WCCA vehicle, which is a
larger transit vehicle. The hours
specified are between about
There was a discussion
about the need for one of the buses to go to the General Electric Plant on Hwy.
#176 South. Chairman Moyer asked Anthony Starr to address this.
Anthony Starr stated
that there is an on-demand system set up now for the
Public Input
There was none.
Following discussion, Commissioner McGrady made the motion that
the Board approve the application and authorize execution of the Certified
Statement (Appendix A). All voted in favor and the motion carried.
Commissioner McGrady made the motion for the Board to go out
of public hearing. All voted in favor
and the motion carried.
LAND TRANSFER TAX RESOLUTION
Chairman Moyer explained
that at the last Board meeting the Commissioners had a discussion of the
various options made available to them by the State for alternative revenue
sources and the Board voted to pursue the land transfer tax. There was a resolution included in the agenda
packet which provides no new information but reaffirms what was discussed
before. Chairman Moyer also explained that the Board needed to talk about what
the role of the Board is going to be, what type campaign they’re going to have,
and what the role of staff is going to be. He mentioned early voting, stating
that it would actually start a month from yesterday. A lot of people vote
early.
Steve Wyatt informed the
Board that Pam Brice, as well as Superintendent Steve Page, will be attending a
day-long meeting in Raleigh sponsored by the North Carolina County
Commissioners’ Association where counties are coming from across the state to
talk about the these issues and to exchange ideas and to hear some presenters,
including the folks that were behind the successful Wake County bond issue.
Hopefully Pam Brice and Dr. Page will bring back some good information from
across the state and from the NCACC as to how this issue is being approached.
Chairman Moyer asked the
Board to first consider the Resolution and explained that the Board has no say
in what the ballot wording is. The State specified the language. We can’t say our intent is that it would be
used only for capital projects. We have to use the language they gave us.
Commissioner Young moved that the Board adopt a resolution
endorsing the voter approval of the land transfer tax referendum. All voted in
favor and the motion passed.
Chairman Moyer informed
the Board that the education part of this had already started. Steve Wyatt has
spoken to the Chamber of Commerce. Chairman Moyer and Commissioner Williams
were at the LGCCA (Local Government Committee on Cooperative Action) meeting
yesterday where this issue was discussed.
Chairman Moyer stated that the point comes through over and over again
that we do need to get the word out and educate the public. He feels that the
Commissioners have to take a very positive aggressive role. He has spoken to
several groups who have agreed to get him on their agenda between now and
November to speak to this issue. There is some public confusion, particularly
regarding an impact fee. The Board needs to get the message out that legally we
cannot consider an impact fee. Some people thing that we’ll put this money into
the general fund and just use it for general purposes. We need to get the word
out that we adopted a resolution stating that it would be used for approved
capital projects. Last year when the
Board approved the Hillandale and the
A question was raised concerning whether we can use county monies in this
effort. He asked Russ Burrell to address
that concern. Russ Burrell stated that typically the amounts of public dollars
you’re allowed to spend on educational campaigns are extremely limited. They are purely in a situation where you
would not be able to advocate particularly. They could be educational but they
could not be used as advocacy and that’s a difficult line to draw. We will have
to be very careful not to cross that line. The same issue comes into play with
use of employee time, educationally it’s not a problem. Commissioner time
individually is not a problem at all, that’s a totally different issue. Commissioners
certainly do not give up their right to have an individual opinion or a group
opinion amongst yourselves.
Chairman Moyer stated
that at the LGCCA meeting yesterday all the Mayors were present, except for the
City of
Staff members are
preparing talking points for the Commissioners to use in their presentations
and a fact sheet for distribution.
Campaign discussions
revealed some fundamentals that the Commissioners all agreed to:
1.
All
five Commissioners have to be actively involved, put their names out
aggressively speaking and doing whatever they can to get ads in support of the
campaign.
2.
Staff
will only be involved from an educational standpoint of getting the facts
together for the Board as quickly as possible, giving the Board talking
points. The Board/County can run ads
that are educational only.
3.
If
Steve Wyatt goes to speak somewhere he’d be talking educational facts and when
the Commissioners go to speak you’d get a much different version, it would
obviously be in support of where the Board wants to go.
4.
Get
the School Board Chair and a few others and try to put together a campaign
committee of the broadest people that we can get to put their names associated
with it and have that group try to find people that will sponsor ads, pay for
ads and things like that.
5.
Collectively
put the Commissioners’ names on ads, not that we can use county money to pay
for them but that the Commissioners will lend their full support and names to
those efforts if they can get a campaign committee to do that.
Steve Wyatt stated that
the Board has to be sure to show the need, stating there are $30 million
dollars worth of school projects that have been approved and the funding is not
in next year’s budget. He will be
recommending a property tax increase to pay that debt service unless there’s
another way to fund it because the Board has made that commitment and that’s
roughly a three cent property tax increase. He stated that when we talk capital
needs we’re really talking about schools, perhaps parks, perhaps libraries,
perhaps jail or law enforcement down the road. The Board has said this is where
the money would go. It won’t get sucked
into operations but it would be for tangible brick and mortar type projects.
Nothing further at this
time.
Steve Wyatt explained
that it is not too early to start thinking about next year’s budget. He will be requesting a meeting in January, a
planning meeting (retreat). It will likely need to be a day-long session to talk
about budget, land development code review, comprehensive planning, strategic
planning, capital plans, school construction, parks and recreation facility
plan, etc.
QUESTION RAISED ABOUT HISTORIC COURTHOUSE
Commissioner McGrady
raised a question of whether the Board would be utilizing laptops for Board
meetings when we relocate to the Historic Courthouse. Steve Wyatt stated that
we are able now technologically but we would need to purchase portable laptops
for all the Commissioners. Selena Coffey stated that each Commissioner will
have the capability to connect. The Clerk will also have the capability to
raise the screen when folks are doing PowerPoint presentations. We actually
have a screen that will come up from the bottom. Folks will be able to see on a
huge screen the PowerPoints and that sort of thing. The Commissioners will be able to see them
individually on their screens at their seats. Electronically we will have a lot
more capability and technology. Selena also stated the actual booth for
capturing the meetings will be in the very back of the room but there will also
be some communication between the Chairman and that booth.
IMPORTANT DATES
Set Public Hearing on 2005 Community Development Block Grant
Close-out.
The 2005 Community
Development Block Grant (CDBG) provided for the rehabilitation five houses in
As recommended by staff,
Commissioner McGrady made the motion that
the Board schedule a public hearing for the CDBG grant close-out for
Report – Blue Ribbon Committee on Illegal Immigration
Chairman Moyer informed
the Board that Bob Heltman, Chair of the Blue Ribbon Committee, will attend the
October 17 Board meeting to present that report. The Board can then discuss
where to go based on the reports. There
is a majority report and a minority report and other information.
Public Hearing on Noise Ordinance Amendments
The Board had set a
public hearing on this item for October 11 but there has been a conflict and
the Board needs to reschedule. Chairman
Moyer made the motion to set the public hearing for Noise Ordinance Amendments
for Tuesday, October 9th, here, at
Annual Volunteer Appreciation Banquet
Commissioner Young
reminded those in attendance and those watching on television of the annual
banquet to recognize members serving on Boards and Committees, will be held on
Tuesday, October 23 at
Farm/City Day
Commissioner Williams
wanted to remind folks of the Farm/City Day activities that take place at
Jackson Park on Saturday, October 6th. The parade begins at
CANE CREEK WATER & SEWER DISTRICT – 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):
1. (a)(3) To
consult with an attorney employed or retained by the public body in order to
preserve the attorney-client privilege between the attorney and the public
body, which privilege is hereby acknowledged. To consult with an attorney
employed or retained by the public body in order to consider and give
instructions to the attorney with respect to the following claim:
Parkridge MOB, LLC vs.
All voted in favor and
the motion carried.
ADJOURN
Commissioner McGrady
made the motion to adjourn the meeting at
the motion carried.
Attest:
Elizabeth
W. Corn, Clerk to the Board
William L. Moyer, Chairman