MINUTES
STATE
OF NORTH CAROLINA BOARD OF COMMISSIONERS
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, Commissioner Bill
Moyer, Commissioner Charlie Messer, Commissioner Shannon Baldwin, County
Manager David E. Nicholson, Assistant County Manager Justin B. Hembree, and
Clerk to the Board Elizabeth W. Corn.
Also present were: Planning Director Karen
Smith, Public Information Officer Chris Coulson, County Engineer Gary Tweed,
Fire Marshal Rocky Hyder, Assistant County Attorney Russ Burrell and Paralegal
Connie Rayfield. Deputy Clerk to the Board Amy Brantley was present through
nominations.
Absent was: Vice-Chairman Larry Young,
County Attorney Angela Beeker and Budget and Management Director Selena Coffey.
CALL TO ORDER/WELCOME
Chairman Hawkins called the meeting to
order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Chairman Hawkins led the Pledge of
Allegiance to the American Flag.
INVOCATION
David Nicholson gave the invocation.
DISCUSSION/ADJUSTMENT OF AGENDA
Commissioner Baldwin requested the
addition of Discussion Item – “3” for discussion on the County Manager’s
contract as it defines the role of the Chairman.
Chairman Hawkins made the motion to accept
the agenda as amended. All voted in
favor and the motion carried.
CONSENT AGENDA
Chairman Hawkins made the motion to
approve the consent agenda as presented.
All voted in favor and the motion carried.
Minutes
Draft minutes were presented for the
Board’s review/approval of the following meeting(s):
June
16, 2004, regular meeting
July
6, 2004, regular meeting
Tax Collector’s Report
Terry
F. Lyda, Henderson County Tax Collector, had provided the Tax Collector’s
Report dated July 16, 2004, for the Board’s information.
Tax Refunds
A list of four (4) tax refund requests was
submitted for approval by the Board of Commissioners.
Tax Releases
A list of fifty seven (57) tax release
requests was submitted for approval by the Board of Commissioners.
Shared Leave Policy - Amendment
Several years ago, the Board approved a
Shared Leave Program that allows our employees to donate annual and sick leave
to a pool in order to assist their fellow employees should their leave be
exhausted due to their illness or that of a serious family issue.
Unfortunately, the amount of donated hours decreased this year leaving the pool
with no hours to assist employees in need for the second half of the year. The
issue of a mid-year drive was discussed at the July Department Head meeting.
They suggested that employees be allowed to donate in an amount less than a
full day. The suggested policy amendment would allow employees to donate in
hour segments.
Juvenile Justice and Delinquency
Prevention Grant
The Henderson County Juvenile Crime
Prevention Council (JCPC) recommended an additional grant for local juvenile
crime prevention programs for the fiscal year. Each program was required to
provide a 30% match. All other grant applications were previously approved by
the Board of Commissioners on May 3, 2004, except for the new grant application
for Henderson Public Schools C-Stop Program in the amount of $30,277. This was
submitted for the Board’s approval.
In addition, as part of the grant
application process, each County was required to submit a funding plan for
juvenile crime prevention and intervention services. Those items had been
completed and approved by the JCPC.
MSD Rate Increase
The wastewater collected by the Cane Creek
Water and Sewer District (CCWSD) sewer system is treated by the Metropolitan
Sewerage District (MSD). Effective July 1, 2004 the amount that MSD charges the
CCWSD for said wastewater treatment increased from $4.00 per 1,000 gallons to
$4.08 per 1,000 gallons.
Staff recommended passing this additional
cost on to the CCWSD sewer customers. A proposed rate schedule was presented
for the Board’s consideration. If the CCWSD sewer rates are increased as
proposed, the monthly sewer bill for the average homeowner would increase by
$.36 (thirty six cents).
NOMINATIONS
Notification of Vacancies
The Board was notified of the following
vacancies which will appear on the next agenda for nominations:
1. Henderson County Planning Board – 1 vac.
Nominations
Chairman Hawkins reminded the Board of the
following vacancies and opened the floor to nominations:
1. Child Fatality Prevention Team – 1 vac.
There were no nominations at this time so
this item was rolled to the next meeting.
2.
Henderson
County Historic Courthouse Corporation – 1 vac.
Nominated at the last meeting were:
Virginia Gamble and Rosemary Pace. Commissioner Baldwin stated that he had been
unable to confirm Rosemary Pace’s willingness to serve on the Corporation, so
he withdrew her name. There were no other nominations. Chairman Hawkins made
the motion to accept Virginia Gambill by acclamation. All voted in favor and
the motion carried.
3.
Henderson
County Transportation Advisory Committee – 1 vac.
There were no nominations at this time so
this item was rolled to the next meeting.
4.
Juvenile
Crime Prevention Council – 5 vac.
Commissioner Baldwin nominated Ali Robbins
to Position #6. Chairman Hawkins made the motion to accept Ms. Robbins by
acclamation. All voted in favor and the motion carried.
5.
Mountain
Area Workforce Development Board – 4 vac.
There were no nominations at this time so
this item was rolled to the next meeting.
6.
Nursing/Adult
Care Home Community Advisory Committee – 3 vac.
There were no nominations at this time so
this item was rolled to the next meeting.
7.
Planning
for Older Adults Block Grant Advisory Committee – 3 vac.
There were no nominations at this time so
this item was rolled to the next meeting.
8. Senior Volunteer Services Advisory Council
– 1 vac.
There were no nominations at this time so
this item was rolled to the next meeting.
9.
Solid
Waste Advisory Committee – 1 vac.
There were no nominations at this time so
this item was rolled to the next meeting.
BRCC – Capital Request
Dr. David Sink reported that earlier in the week, he and Fielding Lucas
had presented to the County Manager a resolution passed by the Trustees of BRCC
requesting that the Board of Commissioners authorize the Chairman of the Board
of Trustees to hire a designer to begin planning the Technology Education and
Development Center as well as the Physical Education Activity Center. The
resolution specifically asked that the Board of Commissioners support the
request of the Trustees for two new buildings at the College without the use of
a bond referendum, and that the Chairman of the Board of Trustees be authorized
to spend up to $300,000 for design costs. As BRCC did not have $300,000, they
requested that whenever available during the year, any monies that could be
given to the college for design purposes be considered. Dr. Sink requested
feedback on the request.
Commissioner Baldwin reiterated his past comments that he felt the
Technology Education and Development Center could go a long way in facilitating
a relationship with industry considering relocating in the area. It could also
help in the training of human resources that would be employed by such
industry. He supported using money from the general fund to support that
facility. He would not support using those monies for the Physical Education
Activity Center. He felt that if the public wished to support that building via
voting on it during a referendum, he would go along with it.
Commissioner Messer expressed concern about funding. He stated that the
Board needed to first make sure they could fund what is already there. He
supported the Technology Education and Development Center, and supported
placing the Physical Education Activity Center on a referendum for the voters
to decide.
Commissioner Moyer stated the Board should move forward with the
Technology Education and Development Center. He made the motion to amend the
resolution to delete the physical education activity center from the resolution
and adopt it with just the Technology Education and Development Building and
amend the dollar amount to scale it down to $150,000. Commissioner Moyer
also stated that he would support placing the Physical Education Activity Center
on a referendum. Given that $150,000 had not been budgeted for such a project,
David Nicholson explained that the money could be taken from fund balance and
appropriated to the capital projects fund. Another alternative would be to
draft a “Reimbursement Resolution” which would allow the Board to front the
money from the capital projects fund and reimburse that fund after the
financing is in place.
Commissioner Baldwin requested that Commissioner Moyer amend his motion
to include the Reimbursement Resolution. David Nicholson requested that the
Board allow the Legal Department to draft such a Resolution, and place it on
the August 2nd agenda for consideration. Commissioner Moyer
amended his motion to include the Reimbursement Resolution subject to approval
of the language brought back by the County Manager. All voted in favor and the
motion carried.
Dr. Sink questioned whether they would meet later regarding the motion to
place the Physical Education Activity Center on a bond referendum. Commissioner
Moyer stated that was not part of his motion. Chairman Hawkins stated the
motion that passed only dealt with the Technology Building and fronting the
money for it. They will still need to address the bond issue for the Physical
Education Activity Center if that is the position of the college, but the
position of the Board of Commissioners was that they would be glad to put it on
a referendum.
Commissioner Moyer stated that he felt setting up a facilities committee
to allow for more detail on the Center would be the best way to move forward.
He was not committed to a bond referendum, though that might be the way to go.
He stated he would like to get some additional information and see what could
be worked out. Dr. Sink stated that the Trustees were very amenable to forming
such a committee. Tom Orr agreed that forming a joint facilities committee
would be a help, and thanked the Board for their past support of
education.
Gary Tweed updated the Board on the interceptor construction project,
stating that contracts had been executed and they were anticipating issuing the
notice to proceed on the interceptor part of the project around the beginning
of August. Regarding the two collector lines, contact had been made with all
the property owners, and all but three owners had indicated a willingness to
grant the necessary easement.
Staff was requesting approval from the Board to file a condemnation
action against one of those owners, Wayne and Mabel Corpening in order to
secure the easement across their property. The subject property was affected by
the “business sewer line” portion of the Mills River Sewer Project. An
appraisal was obtained for said property and the recommended compensation for
the easement was $2,350.00.
Chairman Hawkins made the motion to authorize the
request of the County Engineer to proceed on with the condemnation action. All
voted in favor and the motion carried.
Commissioner Baldwin discussed the County Manager’s
contract as it defines the role of the Chairman of the Board of Commissioners.
He stated that he would like the Board to reconsider that contract, and look at
the grant of authority given to the Chairman in day-to-day operations.
Currently, the County Manager reports solely to the Chairman on a day-to-day
basis, and Commissioner Baldwin felt that gave the Chair position to much
authority over the day-to-day operations of the County. He asked that the Board
review that contract, and give the Chairman parity with the other four
Commissioners.
Chairman Hawkins expressed that from a management
standpoint, it would be difficult for the County Manager to work for five
different bosses. Since the Chairman tends to be in the office most often, it
would be difficult for the County Manger to be started on a project by the
Chairman on behalf of the Board, only to have a different Commissioner change
that direction. It was the consensus of the Board that no change be made to the
County Manager’s contract.
Commissioner Baldwin stated that he was not trying
to create a situation where Commissioners have access to day-to-day operations
of the County through the Manager, but rather was trying to create a situation
where the Manager understood that he reported to the entire Board rather than
just one member. Commissioner Baldwin asked David Nicholson to comment on the
different models that exist within County governments. David Nicholson stated
that he understood that he served at the pleasure of all the members of the
Board of Commissioners. He had worked with several different Chairmen since
becoming County Manager, and while the possibility existed that a Chairman
might want to become involved in the day-to-day activities of the County, he
had not experienced that.
IMPORTANT DATES
Commissioner Messer
stated that he would bring a date for a Cane Creek Water and Sewer Advisory
Committee meeting back to the Board at the next meeting. David Nicholson stated
there was still some staff work to be done, and suggested trying to set that
meeting for August.
Commissioner Moyer
expressed concern about the meeting with Transylvania County and Mountain
Laurel. He hoped the Board could move forward on that meeting. David Nicholson
stated that he felt the County would need to draft an RFP on how to use the
county’s funds. In addition to Mountain Laurel, at least two other agencies had
shown some interest in using some of the maintenance of effort funds toward
providing mental health services.
Commissioner Moyer
suggested that rather than trying to get both full Boards together, have the
Board designate two members to work with Transylvania County and the various
involved groups, and then bring the options back to the full Board.
Commissioner Messer stated that he was willing to take that role on, but stated
that he felt another Board member should be involved. Commissioner Moyer stated
that he would also be willing to serve if it was the pleasure of the Board. It
was the consensus of the Board to have Mr. Nicholson work with Transylvania
County to facilitate a meeting on the topic of mental health services and
funding.
Chairman Hawkins asked
Commissioner Moyer and Commissioner Messer to look into the rise in the number
of mental patients being served in Pardee’s emergency room, and the number of
transports being made to Broughton by the Sheriff’s Department. There followed
discussion about the variety of problems facing the County with the advent of
mental health reform.
INFORMAL PUBLIC COMMENTS
There were none.
The Board
recessed until the scheduled time for Public Hearings.
PUBLIC HEARING ON ROAD NAMES
Chairman Hawkins made the motion for the Board to go into
public hearing. All voted in favor and
the motion carried.
Rocky Hyder reminded the
Board that they had established a public hearing for this date for the
following new road names:
Old Name Proposed
Name
Cinnamon Breeze Lane East Pacolet Street
Kyles Creek Road (Portion of) Banks Mountain Drive
Doe Ray Me Lane Bolt Action Trail
Chairman Hawkins
questioned whether the requirements of the ordinance had been met. Mr. Hyder
explained that according to the Ordinance, 142-7, “if a property owner owns
more than one piece of land on the road they still only get one vote”. In the
case of Kyles Creek Road petition, a Corporation and the property owner had
been the same person. In past cases, as well as in this case, two votes were
counted. Mr. Hyder stated that the way they counted it, there were nine
property owners and seven petitioners for over 66% of the residents. Even if
that were reduced by one, there would still be six of eight for the new name
which would still be over the required 66%. Mr. Hyder showed a map of Kyles
Creek Road, and discussed the portion being renamed Banks Mountain Drive.
Public Input
Rocky Hyder explained
that changing the road name would actually improve the chances of finding
someone on that road. Kyles Creek Road crossing over itself or having an
intersection promoted confusion.
Mr.
Brown distributed some photos to the Board and discussed some restrictions on
his deed. He again stated that renaming the road was part of an agenda to make
the road a private road to be controlled as much as possible.
Chairman Hawkins asked if the road was a
private road or state road. Mr. Hyder first stated that a petition had been
received from more than two-thirds of the property owners to change the name of
the road, so the change was generated by the community. He then stated that the
road was state maintained, and changing the name of the road would not change
the state maintenance issue. Such a change could only be done by the North
Carolina Department of Transportation and would involve a road abandonment
petition which requires 100% participation. Mr. Hyder answered several questions
from the Board on specifics of NCDOT petitioning, the affected section on the
map, and the changes involved in changing a road name.
Rocky Hyder stated that
the State lists Kyles Creek Road as a State maintained road. However, there
were instances when State maintenance ends before what people consider the end
of the road. Kyles Creek Road could have been named as part of the County’s
property addressing project because the road needed a name because of all the
residences on it. If there were no objections to a proposed road name, the
County proceeded with the road naming process to the roads physical end
regardless of state maintenance issues. However, because this portion of the
road has a logical intersection with another road, renaming it can be
considered. The County had put up the
street sign currently in place. Mr. Hyder stated that he believed the change
would help first responders.
Chairman Hawkins
questioned whether legal staff had any advice for the Board on the matter. Russ
Burrell stated that the petition met the standards prescribed in the ordinance
for renaming, and renaming the road
would not change any legal issues with the deeds. Commissioner Baldwin
stated that he felt changing the name would accommodate public safety and that
it had met the standards of the ordinance.
Chairman Hawkins made the motion for the Board to go out of
public hearing. Mr.
Brown stated again that he believed the road was a community road, and had been
for the past 200 years. He stated that it was not State maintained, and he had
spent considerable time and money maintaining the road. Chairman Hawkins made the motion for the Board to go out of
public hearing. All voted in favor and
the motion carried.
Chairman Hawkins made the motion to approve the road names
as presented. All voted in favor and
the motion carried.
PUBLIC
INPUT SESSION – ROAD ABANDONMENT PETITIONS
Rocky Hyder reminded the
Board that they had established a public input session for this date regarding
the abandonment of portions of East Prince Road, State Road Number 1900 and
Lakewood Road Extension, State Road Number 1518. The property owners along both
roads had petitioned, through a local engineer, to have portions of the roads
abandoned. Mr. Hyder had solicited input from the emergency services that serve
those areas, EMS, Sheriff’s Department, and fire services, and had received no
negative input
Public Input
There was none.
David Nicholson reminded the Board that if they were
in agreement with the abandonments, they simply needed to indicated their
support of the abandonments to the NCDOT.
Commissioner Messer made the motion to forward a recommendation to the
Department of Transportation to concur with the abandonment of the road. All
voted in favor and the motion carried.
ADJOURN
Chairman Hawkins made the motion to adjourn the
meeting. All voted in favor and the
motion carried.
Attest:
Elizabeth W. Corn, Clerk
to the Board Grady Hawkins, Chairman