MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 9:00 a.m. in
the Commissioners' Conference Room of the Historic Courthouse.
Those present were: Chairman Bill Moyer, Commissioner
Also present were: Deputy
Clerk Terry Wilson, Finance Director J.
Absent was: Vice-Chairman
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Commissioner Mark
Williams led the Pledge of Allegiance to the American Flag.
INVOCATION
County Manager
INFORMAL PUBLIC COMMENTS
There were none.
JOINT MEETING WITH MILLS RIVER TOWN COUNCIL
Chairman Moyer stated
that Mayor Snyder, Lois Pryor, Wayne Carland, and Town Manager Jaime Adrignola
were present representing
Andrew Tate of the
Partnership of Economic Development had taken the lead and gave an overview of
where everything stood. In June, 2006
the Partnership, in Cooperation from the County, commissioned an industrial
park land study through Lee Goforth and it was specifically designed to
identify industrial property that was suitable; based on logistics and utility
and infrastructure location to be developed in that manner. This study specifically identified the Bright
Star property as an ideal industrial site.
He had met with the land owner, Vaughn Fitzpatrick, to discuss plans for
the property and Mr. Fitzpatrick had already drafted a vision plan for the
property which focused on attraction of advanced manufacturing. With the passage of the County Development
Plan the property was zoned as industrial September 19, 2007. In October, 2007 an annexation hearing was held
in
Since then Bill Lapsley
has been working on the master site plan for the property and specifically
looked at the acreage to see what is useable, what is not, and what a development
plan might look like in the future. Mr.
Tate feels that with what has happened to date with the property and what will
happen with it in the future is very consistent with the County’s 2007/2011
Strategic Plan, as well as the 2020 Comprehensive Plan.
Bill Lapsley briefly
discussed the Master Site Plan and information about the industrial park. He stated that a key thing that industrial
prospects look for is land that is already zoned industrial. For record, he stated that in the future this
site would be known as the
Owner of the property
Vaughn Fitzpatrick addressed the Board.
He stressed that it was an honor for his family to try to realize their
joint vision with the County, Town of Mills River, and the Partnership for
Economic Development.
Chairman Moyer stated
that this project would move forward and be marketed aggressively.
ICE PROGRAM UPDATE
Captain Greg Cochran
briefly updated the Board in regards to the ICE Program. The nine (9) officers who attended school in
The Memorandum of
Agreement has been signed and shows that effectively the program will start on
October 1, 2008. The IGSA (Intergovernmental
Service Agreement) was signed by Chairman Moyer on June 16, 2008 and sent to
Chairman Moyer asked if
there would be budget implications if the program was not started until October
1, 2008.
Captain Cochran
responded that the County was in shape as far as the budget was concerned
because the people that were set aside to do this job are still in regular
detention officer slots. They have not
been moved over to the ICE program yet and until the income begins coming in
they will not make this move.
DISCUSSION/ADJUSTMENT OF AGENDA
Commissioner Williams made a motion that the Board approves
the agenda as presented. All voted in
favor and the motion carried.
CONSENT AGENDA
Commissioner McGrady made the motion to adopt the consent
agenda as presented. All voted in favor and the motion carried.
Minutes
Draft minutes were
presented for Board review and consent approval of the following meetings:
May 30, 2008, special called meeting
June 4, 2008, special called meeting
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, provided the Tax Collector’s Report for information only dated June
6, 2008.
Public Schools Quarterly Maintenance Report
The Public Schools Quarterly
Maintenance Report for March 2008 was presented for the Board’s information and
consent approval.
Surplus Vehicles
The Board was provided a
resolution (Exhibit A) declaring the provided list (Exhibit B) of vehicles no
longer used by the County as surplus property.
The resolution authorizes staff to advertise the surplus vehicles for
sale by electronic public auction at www.govdeals.com
after the required advertisement of the sale. A copy of Exhibit A and Exhibit B
are attached hereto and incorporated as a part of the minutes.
Suggested Motion: I
move that the Board approve the resolution provided declaring the list of
vehicles presented as surplus and authorizes Staff to sell the surplus vehicles
via electronic public auction using GovDeals auction services.
Health Department FY 2008-2009 Fee Schedule
A list of fees for the
Health Department, adopted at their June 3, 2008 meeting was provided to the
Board with request for adoption.
Suggested Motion: I
move the Board of Commissioners adopt the fee schedule for the Health
Department for FY 2008-2009 as provided.
Waterline Extension –
The City of
Suggested Motion: I
move that the Board approve the
Approval of Revised Zoning Board of Adjustment Bylaws
Revised Zoning Board of
Adjustment (ZBA) bylaws were first brought before this Board at its regularly
scheduled May 5, 2008 meeting. At this
time the Board had concerns about potential conflicts of interest and members
of the ZBA reviewing decisions of other boards they may also serve on.
Suggested Motion: I
move the approval of the Zoning Board of Adjustment Bylaws as presented.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear on the next agenda for
nominations:
1.
2.
Board
of Directors of the Henderson County Historic Courthouse Corporation (which
does business as the
3.
Home
and Community Care Block Grant Advisory Committee – 1 vac.
4.
Juvenile
Crime Prevention Council – 1 vac.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
There were no
nominations at this time so this item was rolled to the next meeting.
There were no nominations at this time so this
item was rolled to the next meeting.
There were no
nominations at this time so this item was rolled to the next meeting.
There were no nominations
at this time so this item was rolled to the next meeting.
There were no
nominations at this time so this item was rolled to the next meeting.
Commissioner McGrady
nominated Jacqueline Price for reappointment for position #5. Chairman
Moyer motioned to accept the reappointment by acclamation. All voted in favor and the motion carried.
There were no nominations
at this time so this item was rolled to the next meeting.
There were no
nominations at this time so this item was rolled to the next meeting.
Commissioner McGrady nominated Karen Saine for
reappointment for position #18. Chairman Moyer motioned to accept the
reappointment by acclamation. All voted
in favor and the motion carried.
There were no
nominations at this time so this item was rolled to the next meeting.
There were no
nominations at this time so this item was rolled to the next meeting.
There were no
nominations at this time so this item was rolled to the next meeting.
SCHEDULE JOINT MEETING WITH CITY OF
Chairman Moyer stated
that the Board had been trying to get discussions going with the City of
County Manager
Chairman Moyer suggested
moving on past this item and if the
Commissioner McGrady
suggested a smaller less formal meeting that did not require the majority of
both boards.
Chairman Moyer felt that
that was one route that could be taken however, with the way this has
transpired over the years he felt it was important in the position they are now
to have a meeting where both boards are fully represented. He did not feel that
there was a true intent to make a resolution with
AIRPORT AUTHORITY
Commissioner McGrady discussed
an issue brought up at a previous meeting where
Chairman Moyer stated
that in previous discussions with Gary Jackson and Mayor Bellamy this item had
been brought up. It was indicated that
they are ready to move forward and would like to have a recommendation from the
Board of Commissioners as to who they would like to have serve on the Airport
Authority Board. Chairman Moyer stated
that this item would be placed on the agenda for the first meeting in July.
STATE ADM FUND APPLICATION
The revenues that flow
into this fund (based on school population or average daily method) are a
percentage of the corporate income taxes collected by the state. These funds can be used for major capital,
construction, or debt service on school facilities. There is a match requirement required; for
every three dollars of this fund, we have to supply one dollar, and we
typically have used our half cent article restricted sales tax for the match on
drawing down these funds.
Because of the Medicaid
swap issue this year, the General Assembly approved taking 60% of these funds
in this year only to offset the Medicaid relief that they are giving us. We do have $850,000 in the fund but we would
have had more money to draw had they not taken those funds.
Commissioner Young made the motion that the Board of
Commissioners approves the ADM Fund application as presented. All voted in favor and the motion carried.
N.C. EDUCATION LOTTERY FUND APPLICATION
Commissioner
Young made the motion that the Board approves the N.C. Education Lottery
Fund application as presented. All voted
in favor and the motion carried.
There was nothing
further at this time.
Commissioner McGrady
spoke briefly in regards to the Assembly Day in Raleigh and primarily the
Speaker of the House. The State taxes
are historically high compared to similar taxes in other states. Property taxes in
A series of different
bills are being discussed that limit the counties in terms of collecting property
taxes. Giving various tax breaks to
various good things; veterans, wildlife conservation, etc; providing tax breaks
for a limited groups of people or property owners all of which will decrease
the county’s ability to raise property taxes from people who are currently
paying them.
County Manager Steve
Wyatt stated that it was also interesting to watch the Governor’s race during
the primary with the advertisement about property tax breaks and reducing
property tax; statewide candidates running as part of their platform. The State does not levy a property tax
directly. Mr. Wyatt’s position is that
basically they have for years indirectly.
The next session, the long session, will be particularly treacherous; a
tax break for one guy is an increase for somebody else. Counties and Cities have been very supportive
of the senior and the disabled tax exemptions.
IMPORTANT DATES
North Carolina General
Statute 153A-241 requires that a public hearing be held for the permanent
closing of a public road or easement. It
was requested that a public hearing date be set for the purpose of closing an
easement(s) on the Roland J. Mull property, Hendersonville, North Carolina.
Commissioner McGrady made a motion that the Board set a
public hearing with respect to permanent closing easements for Monday, August 12, 2008 at 7 pm. All voted in favor and the motion carried.
Before taking action on
rezoning request #R-2008-09, the Board of Commissioners must hold a public
hearing.
Commissioner McGrady made a motion that the Board set a
public hearing with respect to rezoning application #R-2008-09 as amended for
Wednesday, July 16, 2008 at 11:00 am.
All voted in favor and the motion carried.
CANE CREEK WATER & SEWER DISTRICT - none
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
reasons:
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.
2.
(a)(4) To discuss
matters relating to the location or expansion of industries or other businesses
in the area served by the public body.
3.
(a)(6) To consider the
qualifications, competence, performance, character, fitness, conditions of
appointment, or conditions of initial employment of an individual public
officer or employee or prospective public officer or employee; or to hear or
investigate a complaint, charge, or grievance by or against an individual
public officer or employee.
All voted in favor and the motion carried.
RECONVENE TO OPEN SESSION
Commissioner Young made the motion that the Board reconvene into
open session. All voted in favor and the
motion carried.
PUBLIC HEARING – 2008 COMMUNITY DEVELOPMENT
BLOCK GRANT APPLICATION
Commissioner McGrady made the motion that the Board go back
into public hearing with respect to the 2008 Community Development Block Grant
Application. All voted in favor and the
motion carried.
Karen Kiehna, Housing
Planner from Land-of-Sky Regional Council stated that two hearings are required
prior to submitting an application to DCA for any CDBG program. This first hearing is generic and covers all
of the categories of CDBG grants offered by DCA. It
is to submit to the Division of Community Assistance for Community Development
Block Grant program. The second hearing
to be held later will be for the specific purpose of taking public comments on
the planned use of the specific grant applications. The County intends to apply for the Scattered
Site Housing Grant ($400,000) and possibly the Small Business &
Entrepreneurial Assistance Grant and Community Revitalization Grant.
Public Input
There was none.
Chairman Moyer stated
that no action was required at this time by the Board except to hold the public
hearing and receive public comment.
Commissioner Williams made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
PUBLIC HEARING – 2008 COMMUNITY DEVELOPMENT
BLOCK GRANT FOR WARM COMPANY PROJECT
Commissioner McGrady made the motion that the Board go into
public hearing with respect to the application for the 2008 Community
Development Block Grant for the Warm Company Project. All voted in favor and the motion carried.
Andrew Tate of the
Partnership for Economic Development along with Planning Staff proposed a grant
application for the 2008 Small Business & Entrepreneurial Assistance (SBEA)
program with the N.C. Division of Community Assistance. The Warm Company located on
The Warm Company is
considering an expansion that will be new construction building expansion and
machinery and equipment investment which would also include the creation of
some jobs. They currently have about
twenty employees now and could add six to twelve more which is a significant
increase. We’re working through a couple
of issues to help encourage that investment to take place here. The first was to achieve the proper zoning
designation to allow them to feel comfortable and confident in their
location. This was done through the Land
Development Code and second is to get sewer to them. With the expansion that they are doing on
site it would be required to abandon septic and connect to sewer through
several parcels of property and easement to do so.
Karen Kiehna, Housing
Planner for Land-of-Sky Regional Council shared the following information:
Barry Brown, Manager of
the Warm Company, thanked the Board of Commissioners for their
consideration. Since 2004 their company
had outgrown their building. He did not
want the expansion to go to the west coast.
Public Input
There was none.
Commissioner Williams made the motion that the Board approve
the application to the Division of Community Assistance for the Small Business
& Entrepreneurial Assistance grant program for the Warm Company Project on
Sunset Hill Road and Authorize the Chairman and staff to complete and execute
the application and any associated documents, information, agreements,
assurances and understandings required as part of the application. All voted in favor and the motion carried.
Commissioner McGrady made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
PUBLIC HEARING – CONSIDERATION OF INCENTIVES TO
PRINCE MANUFACTURING CORPORATION
Commissioner McGrady made the motion that the Board go into
public hearing in regards to the consideration of economic incentives to Prince
Manufacturing Corporation. All voted in
favor and the motion carried.
Andrew Tate of
Partnership for Economic Development provided a brief background on Prince
Manufacturing Company. The Company is
located in the
A similar manufacturing
company was closed in
General Manager Steve
Floyd explained briefly what Prince Manufacturing does as a business.
Notice was given
pursuant to N.C. Gen. Stat. §158-7.1 that the Henderson County Board of
Commissioners would hold a public hearing on June 18, 2008 at 11:00 am or as
soon thereafter as the Board could consider the matter, to consider the request
of Prince Manufacturing Corporation for economic development incentives to
assist in investment in the expansion of its existing plant, and the addition
of new jobs.
Prince Manufacturing
Corporation is a manufacturing concern operating worldwide, including a plant
location near Fletcher,
County Attorney Russ Burrell
stated that under the notice that was published regarding this hearing the
Board would be considering granting assistance toward actual expenditures
incurred in the Company’s plan to construct its operation up to a maximum
payment equipping twelve thousand dollars ($12,000) to be paid over a period of
five (5) years. Each year’s incentive
payment would be two thousand four hundred dollars ($2,400). If approved, the request would be funded
through the general property tax revenue.
Public Input
There was none.
Commissioner Young made the motion that the Board approve the
grant to Prince Manufacturing Corporation in the amount of twelve thousand
dollars ($12,000) to be paid over a period of five (5) years at twenty four
hundred ($2,400) per year, and authorize Staff
to enter into an agreement with the Corporation to that affect. All
voted in favor and the motion carried.
Commissioner McGrady made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
ADJOURN
Commissioner McGrady made the motion to adjourn at 11:11am. All voted in favor and the motion carried.
Chairman Moyer
apologized as the Board had forgotten to set a public hearing for the
incentives to the Warm Company Project.
Commissioner McGrady made the motion that the Board set a
public hearing in respect to granting economic incentives to the Warm Company
Project for Monday, July 7 at 7:00 pm.
All voted in favor and the motion carried.
Commissioner McGrady made the motion to adjourn at 11:16 am. All voted in favor and the motion carried.
Attest:
______________________________________ ________________________
Teresa L. Wilson, Deputy Clerk to the Board William L. Moyer, Chairman