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Board of Commissioners - Minutes

HAYWOOD COUNTY COMMISSIONERS
REGULAR MEETING – March 17th, 2008

 

CALL TO ORDER

Chairman Larry R. Ammons convened the regular meeting of the Haywood County Board of Commissioners at 5:00 p.m. in the County Commissioners’ Meeting Room at the Haywood County Justice Center, Waynesville, North Carolina, with Chairman Larry R. Ammons, Vice-Chairman J.W. “Kirk” Kirkpatrick, III, Commissioners Mary Ann Enloe, Charles “Skeeter” Curtis and Bill L. Upton present. Staff members present were County Manager David B. Cotton, Assistant County Manager Marty Stamey, County Attorney Leon M. “Chip” Killian, III, Public Information Officer David Teague, and Administrative Assistant Rebecca Morgan.

Pledge of Allegiance

Chairman Ammons led the Pledge of Allegiance.

Commissioner Enloe offered the invocation.

Public Hearing

Closeout for 2005 Community Development Block Grant (CDBG) Scattered Site Housing Grant

Chairman Ammons opened the public hearing for the Community Development Block Grant. David Teague, Public Information Officer presented the final summary of the 2005 Scattered Site Housing grant.  Mr. Teague explained that the public hearing is to allow for questions. At the next regular Board meeting, April 3rd, 2008, the final closeout documents for this grant will be presented for consideration. Chairman Ammons offered an invitation for anyone to speak regarding this grant. Being no comment Chairman Ammons inquired if the Commissioners would like to comment. Commissioner Enloe expressed that the money was well used.

Commissioner Curtis made a motion to close the public hearing. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

Closeout Information for CDBG 05-C-1364  

Chairman Ammons opened the public hearing for the CDBG 04-C-1364. David Teague explained that Haywood County originally received $1 million from the State to go toward the purchase of the property in order to build the Barefoot Ridge subdivision. The CDBG through its urgent needs grants provided $600,000 to go toward the initial cost for putting infrastructure into the development. Mountain Projects, Inc., covered the remaining infrastructure cost with a line of credit. Chairman Ammons offered an invitation for anyone to speak regarding this closeout information. Mr. Teague explained that the public hearing is to allow for questions. At the next regular Board meeting, April 3rd, 2008, the final closeout documents for this grant will be presented for consideration. There were no comments.

Commissioner Upton made a motion to close the public hearing. Commissioner Enloe seconded and the motion carried unanimously.

Haywood Regional Medical Center

Chairman Ammons recognized Glenn White, Chairman of the Haywood Regional Medical Center (HRMC) Board. Mr. White introduced two nurses from the HRMC, Stephanie Adamanvich and Bonnie Parker.

Stephanie Adamanvich approached the Board. Ms. Adamanvich shared that there are some wonderful changes happening at HRMC. Ms. Adamanvich expressed the concern shared by all nurses at HRMC upon learning that Medicaid / Medicare funding had been lost. Ms. Adamanvich shared that the radiology department has continued operating at HRMC. Ms. Adamanvich stated her desire to continue operating HRMC as a county hospital.

Ms. Parker approached the Board. Ms. Parker shared that a skills fair has been coordinated at HRMC for all the employees at the hospital. Some of the areas included in the skills fair are patient rights, customer service, reviewing emergency codes, occurrence reporting, and corporate compliance.

Mr. White shared that the focus for HRMC is to be prepared for inspection on March 31st. Mr. White shared that those attending the skills fair are requested to test after they attend the fair in order to better realize how much they know. The skills fair is conducted by the hospital. The Compass Group has helped with putting the program together. Commissioner Curtis inquired if any employee has been laid off of work. Mr. White shared that no employee has been laid off from their job. 

County Attorney Chip Killian shared that he has spoken with Bill Smith, Attorney for the Hospital Authority Board of Commissioners. Mr. Smith had expressed his opinion of the statue regarding release of information as requested by local media.  Information regarding age, date of original employment, current position title, date of most recent promotion or demotion, office of which the employee is currently assigned may be released. More information can be released at the end of the fiscal year 2008, which is September 2008.  County Attorney Killian agrees with the interpretation of Mr. Smith.

Chairman Ammons inquired if the Board would like to meet on Friday, March 21st. After discussion the Board agreed not to meet on March 21st. Vice-Chairman Kirkpatrick requested a written summary or report from HRMC, to be submitted to David Cotton, County Manager. Mr. Cotton could then pass the report along to the Commissioners.

Public Comments

Chairman Ammons opened the public comment session. Comments are generally limited to three minutes per individual, unless the speaker is representing a group for which the comment period may be extended to five minutes.

Otis Sizemore shared that among the issues regarding HRMC, one concern was, how do you increase or restore the public confidence in the institution. Mr. Sizemore shared that Nurse, Sally Schaffer proposed a project regarding this issue. The organizational meeting is set for Tuesday, March 25th, at the public library at 6:00 pm. Everyone is invited to attend the meeting. Mr. Sizemore shared some proposals to be discussed at the meeting, a Sunday afternoon program to invite the public. All those attending will be asked to wear purple in support of the hospital. Performing artists will be invited to present their talents for the public. There is a possibility of holding a health fair at the fitness center in association with this event. Also, guided tours of HRMC could be held.

Being no other comments Chairman Ammons closed the public comments session.

Constituent Concerns

Chairman Ammons inquired if the Board of County Commissioners had any constituent concerns. Vice-Chairman Kirkpatrick stated that Garry Hensley, a roofer, expressed his difficulty in paying the landfill fees. Vice-Chairman Kirkpatrick shared that it was probable that Mr. Hensley would need to increase the prices to his customers in order to meet the landfill fees.

Discussion / Adjustment / Approval of Consent Agenda

Chairman Ammons stated that he attended the Growth Readiness Workshop at the Extension Office. The results of that workshop will be presented on Monday, March 31st, at 3:00 pm and at 7:00 pm. Chairman Ammons requested that the Commissioners notify him as to the time that they intend to attend the meeting in order to advertise this as a meeting.

Chairman Ammons shared that the North Carolina Association of County Commissioners District Meeting will be held April 10th, at the Waynesville Country Club. The Board had scheduled a work session for 1:00 o’clock. Chairman Ammons suggested changing the time of the work session to 2:00 o’clock. The Board agreed to change the time of the workshop to 2:00 o’clock.

Chairman Ammons shared that under “Old Business”, the item of naming Sheriff Alexander the “Large Animal Cruelty Investigator” should be removed from the agenda as additional information and details will be reviewed prior to the Board taking actions on that subject.

Chairman Ammons added under “New Business”, “Letter to the State Treasurer” and “Proposal for Board Training”.

David Cotton, County Manager, stated that under “New Business”, “Child Safety Ordinance”, more time for review has been requested by Claire Stewart, Recreation Director. Chairman Ammons confirmed that this item would be removed from the agenda.

Consent Agenda

Commissioner Upton made a motion to adopt the Consent agenda as presented. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

  • Approve Minutes of March 3rd Regular Meeting.
  • Approve February 2008 Tax Refunds, Releases, Discoveries and Amendments as presented by Judy Ballard, Tax Assessor
  • Budget Amendments as presented by Julie Davis, Finance Director.
    • Extension 4-H Program – To increase the budget for the remaining four months in fiscal year 2008. Revenues have been much greater than the original estimated amount - $15,000
    • Legal – To increase the legal budget to cover the increased legal expenditures incurred, and an estimated amount for the rest of the year - $40,000
    • Emergency Watershed Protection Grant – To transfer the balance in the EWP grant fund to cover the administrative expenses in the General Fund. The grant is now closed - $1,029
    • General Fund – To allocate annual merit, market adjustment and related benefits - $1,327,446
    • Mass Transit - To appropriate the supplemental funding from the state for the Mass Transit programs Elderly and Disabled Transportation Assistance Program (EDTAP) and Rural General Public (RGP). Both are Operating Assistance Programs (ROAP) - $60,189
    • Haywood Criminal Justice Partnership Program (CJPP) Fiscal year 2008-09 -Budget as presented by Anita Pruett, Criminal JPP Director. Haywood CJPP operates under a state grant which comes to the county each year at a fixed rate. The state requires that the county program’s planned distribution of the funds in its fiscal year budget be approved by the Board of County Commissioners. The budget has been approved by the CJPP Advisory Board.
 Administrative / Agency Report

Haywood Community Connections Presentation and Update

Victoria Young, Project Director, Haywood Community Connections, approached the Board. Commissioner Curtis shared that he learned of “The Acts of Caring Award” and felt that it was appropriate for the Haywood Community Connections. Commissioner Curtis presented information for the receiving of the award to Ms. Young. Once the application process was complete, Commissioner Curtis signed on behalf of the Board of County Commissioners as a sponsor. The Haywood Community Connections has been selected as a winner of the 2008 Acts of Caring Awards Program which recognizes the top county volunteer programs in the country. The awards program is carried out by the National Association of Counties (NACo) in partnership with Freddie Mac. The award will be presented at a breakfast ceremony on April 10th on Capitol Hill in Washington, D.C. Approximately $2,036 is needed in order for them to travel to Washington, D.C. and attend the breakfast in order to receive this award.  Commissioner Curtis stated that they Haywood Community Connections has saved Haywood County a great deal of money. Julie Davis, Finance Director, explained that some money remains in the line item of insurance in the Governing Body Department. The money could be moved into other contracts because that line item has been almost depleted.

Commissioner Curtis made a motion to give Haywood Community Connections $2,036 for this trip, April 10th, 2008. Commissioner Enloe seconded and the motion carried unanimously.

Chairman Ammons stated that when the Robert Wood Johnson grant was first received, one initial plan was to connect people within the communities to help each other. Chairman Ammons inquired as to any statistical data regarding this project. Ms. Young explained that no statistical data is available. However, there are two leadership classes that have graduated twenty-five community members who are starting teams in their community. The goal is to have eighteen teams. The next class begins April 2nd, 2008. Ms. Young confirmed there is room for more to enroll in this class.

Old Business

Landscape Conceptual Designs

Daniel Hyatt, with Broadbooks, presented for consideration landscape designs for tying the landscaping of the historic courthouse with the Justice Center. Two designs have been on display at the Administrative Offices for review by the public and comments have been received. Mr. Hyatt explained that trees in front of the historic courthouse have not been pruned properly over the years. Commissioner Enloe inquired if there is a possibility of grass growing underneath the trees. Mr. Hyatt confirmed that grass could grow, but it would be difficult.

License Plate Agency

David Francis, Tax Administrator, shared a concern for the economic status of Haywood County at this time. With the problems at the Haywood Regional Medical Center, Mr. Francis expressed his concern for expanding the governmental services at this time. Mr. Francis recommended that the County rescind the contract for the license plate agency.

Commissioner Curtis made a motion to decline the franchise agreement by the State of North Carolina. Commissioner Upton seconded and the motion carried unanimously.

Haywood County Tourism Development Authority (HCTDA)

Scotty Medford Ellis, TDA Director, presented for consideration the recommendations for the HCTDA Subcommittees. The names of the subcommittee members were recommended by the Towns of Waynesville, Canton, Maggie Valley, and Clyde and the Junaluska Assembly.

Commissioner Enloe made a motion to accept the TDA Subcommittees as submitted and these are for a two year period. Commissioner Upton seconded.

Ms. Ellis read the names of the recommended members:

Junaluska Assembly: Raul Alegria, Ken Howle, Dianne Mills.

The Town of Clyde: Sharon Shook, George Brown, Scott Cook.

The Town of Maggie Valley: Roger McElroy, Lydia Freyeisen, Tammy Wight, Beth Reece, Tom Knapko.

The Town of Waynesville: Buffy Messer, Dorothy Pope, Betsy Boyd.

The Town of Canton: Gene Monson, Judy Stamey, Steve Sorrells.

The motion carried unanimously.

Ms. Ellis presented for consideration the guidelines for the five zip code areas as recommended by the HCTDA for the 1% Occupancy Tax Funding. The TDA Board will receive recommendations from the subcommittees. At the TDA meeting April 23rd the TDA Board will decide how the money will be spent. The next fiscal year begins July 1st, 2008.

Agricultural Advisory Board (Farmland Preservation)

 David Cotton presented for consideration the application of Ms. Torpy Skinner to fill the one vacancy on the Agricultural Advisory Board.  

Chairman Ammons made motion to approve Torpy Skinner as a member of the Agricultural Advisory Board. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.   

Junaluska Assembly Welcome Center

David Cotton explained that there is a funding request being considered at the State level. The request is for funding that would be used to close that gap of the initial capital outlay for the building of the Junaluska Assembly Welcome Center. The State is seeking clarification as to what the makeup is of the partnership. Mr. Cotton shared that after speaking with Senator Joe Sam Queen and Jimmy Carr, Junaluska Assembly Executive Director the partnership was determined to be a public/private partnership for the Junaluska Assembly Welcome Center. The partnership is comprised of the County, the State Delegates, the Economic Development Commission, the Chamber of Commerce, and the Junaluska Assembly. In an effort to continue their public mission, the Chamber of Commerce has space available at the Welcome Center, which is provided by the Junaluska Assembly.  Two thirds of the Welcome Center is available for public use. Mr. Cotton requested confirmation of the partnership prior to responding to the State. Chairman Ammons stated that the previous Board adopted this unanimously and the present Board confirmed it by adopting it unanimously as well.

Wellness Clinic Lease Agreement

David Cotton presented for consideration a lease agreement for the Wellness Clinic. Mr. Cotton explained that the Board took action at the last meeting, March 3rd, regarding the wellness clinic lease agreement. Funding in the budget is necessary for the remaining three months in this fiscal year in order to allow time to effectively complete the renovations and have the professional services in place so that the wellness center could be in operation by July 1st, 2008. The Wellness Center is expected to address basic level primary care, including routine medical care and health screenings. Mr. Cotton clarified that the lease is for thirty-six months. Chairman Ammons inquired if the contracted lease would be better to end at the conclusion of each fiscal year. Mr. Cotton agreed that the contract could extend to thirty-nine months so that it ends upon the completion of the fiscal year.

Commissioner made a motion to approve the authorizing of the lease agreement for thirty-nine months. Vice-Chairman Kirkpatrick seconded. Commissioner Enloe explained that the wellness clinic will be less expensive for employees and for the County since the County is self-insured. The motion carried unanimously.   

Julie Davis, Finance Director, presented a budget amendment to appropriate the amount of the lease for the Wellness Clinic for the County – $7,400 through June 30th. 2008.

Commissioner Enloe made a motion to adopt the budget amendment as presented. Commissioner Curtis seconded and the motion carried unanimously.

Modification of Double Door Opening in Justice Center

Bennie Roberts, Public Grounds and Maintenance Director, presented for consideration the implementation plan to obtain funding in order to improve the environment in the Justice Center foyer and to manage heating and cooling more efficiently. Mr. Roberts stated that the foyer colonnade of the Justice Center includes a set of double doors, a revolving door and a set of handicapped doors. The handicapped doors have built-in air lock. The revolving door is an air lock by design. The double doors, located closest to Main Street, were initially left closed and used only as an exit as needed in an emergency situation. The opinion of the citizens and by direction of the Board, the double doors now remain open and accessible to the public. In so doing, the opening of these doors allow heat and cooling to escape. Therefore, Mr. Roberts presented two proposals for consideration. The first proposal was to install an additional revolving door in place of the double doors at a cost of $23,400. The second proposal was to add an air lock inside the foyer area. Mr. Roberts confirmed that the proposal would include accessibility for the handicapped.

Julie Davis, Finance Director, presented a budget amendment to allow for the funding of the recommendation to come from contingency.

Commissioner Enloe made a motion to accept the air lock concept. Commissioner Upton seconded and the motion carried unanimously.

Commissioner Enloe made a motion to take $8,300 from contingency for the air lock concept. Commissioner Upton seconded and the motion carried unanimously.

Modification of Three Cubicles in the District Attorney’s Office

Bennie Roberts presented for consideration a request made by Mike Bonfoey, District Attorney, to modify three cubicles in the office area at the Justice Center. The modification is to increase the cubicle height to 80” and install doors on all three cubicles to create private office space.

Commissioner Enloe made a motion to approve the request to modify three cubicles as presented. Commissioner Curtis seconded and the motion carried unanimously.

Julie Davis explained that this type of modification seems appropriate to be taken from court facilities budget.

Commissioner Enloe made a motion to approve the budget amendment to take $9,000 from court facilities fees for the purpose of modification of three cubicles. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

Recess

Chairman Ammons called for a brief recess.

New Business

New Emergency Medical Services Ambulance Requests

Jim Pressley, Emergency Services Director, presented for consideration a request for the purchase of one and the lease of three additional ambulances. Haywood County Emergency Medical Services (EMS) is currently experiencing an increase in the number of miles driven due to the increased number of out of the county transports and “move up” coverage to improve response times. Mr. Pressley explained that there are three Type I ambulances to be leased with a guaranteed residual of $20,000 by Wheeled Coach. The Finance Department     evaluated the option of “piggybacking” on a Florida Sheriff’s Association Bid Award for a four wheel drive (F-450) Type I ambulance at a unit cost of $107,841. The units will be turned in after two years of use by EMS with 100,000 miles or less in order to receive the specified residual amount. Mr. Pressley confirmed that bids were advertised for a Type I four wheel drive ambulance on March 5th, 2008. Bids were sent to Northwestern Emergency Vehicles, Southeastern Sales, and Wheel Coach of North Carolina. One bid was received from Northwestern Emergency Vehicles.

Commissioner Upton made a motion to approve acceptance of the bid for $113,182. Commissioner Enloe seconded and the motion carried unanimously.

Julie Davis presented a budget amendment to appropriate the additional ambulances to be purchased with a lease purchase agreement, with debt service in the next two fiscal years. Ms. Davis explained that this will be completed using a piggybacking method allowing the same pricing of the vehicle as received from another governmental agency, the Florida Sheriff’s Association. Ms. Davis confirmed that County Attorney Killian has reviewed the documents.

Commissioner Enloe made a motion to approve the purchase of three new vehicles and to piggy-back on the Florida Sheriff’s Association bidding process to purchase or lease, depending on the numbers, these vehicles. Commissioner Upton seconded and the motion carried unanimously.

Request to Present Retiring Lt. Dean Henline with Service Weapon

David Cotton, County Manager, shared that Lt. Dean Henline has thirty years of service with the Sheriff’s Office. Sheriff Tom Alexander has requested that Lt. Henline’s service weapon be declared surplus and that Sheriff Alexander be allowed to issue that service weapon to Lt. Henline at a future Board meeting. 

Vice-Chairman Kirkpatrick made a motion to approve. Commissioner Enloe seconded and the motion carried unanimously.

Request to Amend the Fire Prevention Ordinance

Johnny Glance, Assistant Fire Marshal presented for consideration a request to amend the current Fire Prevention Ordinance to include sections on installing and servicing fire extinguishers and commercial cooking hood fire suppression systems. Under current North Carolina codes the Fire Marshal is unable to enforce any training or certification for companies installing and servicing fire extinguishers. The proposed amendments would set a standard for all companies operating in Haywood County which would insure quality service that could be enforced.

Chairman Ammons clarified that the request is to amend Section 92.16, “Portable Fire Extinguishers” and Section 92.17 which would be added to our existing ordinance, entitled “Commercial Cooking Hood Fire Suppression Systems”.

Vice-Chairman Kirkpatrick made a motion to add Section 92.16, “Portable Fire Extinguishers” and Section 92.17, “Commercial Cooking Hood Fire Suppression Systems” to our current Fire Prevention Ordinance. Commissioner Enloe seconded. Chairman Ammons inquired of the fees included on page three. Mr. Glance confirmed that the fees are essentially fines in the event that the company is out of compliance.  Chairman Ammons requested the spelling correction of the word “Amendment” be made on the addition. Commissioner Curtis inquired as to the notification process to businesses regarding the addition to the ordinance. Mr. Glance explained that during the inspection process, all businesses installing fire extinguishers are requested to give information to meet the requirements as presented in the addition to the ordinance. The motion carried unanimously.

92.16   Portable Fire Extinguishers

92.16.1   

The installation, service, maintenance and testing of portable fire extinguishers shall       be performed only by certified persons.

Definition of a “certified person” is: A person that has been certified by a recognized organization through a formal certification program or by an equipment manufacturer that has a certification program , that is acceptable to the authority having jurisdiction.

All certification programs must include a test and must list whether the person has passed or failed the program.

92.16.2

All companies involved in installation, service, maintenance, and testing of portable fire extinguishers in Haywood County shall meet the following requirements.

Shall retain one million dollars($1,000,000) of liability insurance.

Shall provide to the Fire Marshal’s Office copies of all certifications and insurance and keep them up to date.

If the company performs service and maintenance on the portable fire extinguishers the company shall have D.O.T. Hazmat fire extinguisher training.

If the company contracts out the servicing and testing of the portable extinguishers the company performing this service shall provide the Fire Marshal’s office with copies of their training and certification.

92.16.3

The installation, service, maintenance and testing of fire extinguishers shall be in accordance to NFPA 10.

Commercial Cooking Hood Fire Suppression Systems.

The installation, service, maintenance, and testing of Commercial Cooking Hood Fire Suppression systems shall be performed only by certified persons.

Definition of a “certified person” is:  A person that has been certified by a recognized organization through a formal certification program or by an equipment manufacturer that has a certification program, that is acceptable to the authority having jurisdiction.

92.17.2

Installation of systems shall be performed only by persons properly trained and qualified to install the specific system provided.

92.17.3

All Commercial Cooking Hood Fire Suppression Systems shall be installed in accordance with NFPA 96.         

Medicaid Changes and Recipient Appeal Process

Tony Beaman, Department of Social Services (DSS) Director, shared Medicaid changes regarding assets. The new Federal regulations to the policy could put the County at risk. Caron Smith explained the Medicaid regulations which contain a number of policies that are related to the transfer of assets for individuals requesting assistance with the cost of institutional care. When assets are transferred that are unacceptable under the Medicaid program sanctions are imposed for services. Depending on the value of the transferred assets, the time the sanctions can cover will vary with each individual situation. In some circumstances, these sanctions could create a situation in which an individual in need of extensive care is not eligible to receive coverage for these particular services under the Medicaid program. These individuals could be deprived of medical care. In these situations, because DSS is the place that cares for those who cannot care for themselves, under the adult services requirement, DSS would be required to look after these individuals to insure them of receiving medical care and necessities of life. Because Medicaid would not be financially responsible in this situation, the care would then fall to the County. A policy has been included to allow an individual to request a hardship waiver which states that an imposition of these sanctions would cause them to be deprived of needed healthcare and the necessities of life. A committee would review the issues for request of the hardship waiver. The ultimate decision to grant the request would be made by Mr. Beaman. Mr. Beaman presented the names of those who would form the committee that will hear each appeal.  The committee would include two DSS Supervisors who are not a part of the Medicaid program, Norm Yearick, Celesa Willet, Eddie Wells, Raleigh Covan, a Health Department representative, a representative from Haywood Vocational Opportunities, and Victoria Young. Mr. Beaman expressed the importance to fairly address the issues in order to give recipients due process to appeal the DSS decision to deny Medicaid benefits. County Attorney Killian stated that some individuals convey their assets to their children or grandchildren and eventually become eligible for Medicaid once they have reached a certain level of poverty. County Attorney Killian requested clarification as to individuals who are disqualified due to the unlawful manner for which they have conveyed their assets. Mr. Beaman explained that in situations such as these, more research is necessary to evaluate the qualifications of the individual. Ms. Smith stated that if Medicaid is granted, Medicaid would pick up the cost for that individual. Ms. Smith further stated that if an individual has no family support, they are not eligible for Medicaid, and they come into DSS custody and care, it would be the County’s responsibility to pay the cost of caring for that individual. DSS could impose a sanction for a short period of time, or a long period of time, depending on what asset has been transferred. After reviewing the individual’s case, Mr. Beaman could grant the hardship waiver. At that point, Medicaid pays for the cost. Ms. Smith explained that in a case that an individual transferred their assets, the assets could be recovered, if DSS must take guardianship of the individual, and Medicaid would not cover the cost, without the request for the hardship waiver, the County would be liable for the cost of caring for that individual. The request for the hardship waiver is time sensitive. Chairman Ammons requested a letter from Mr. Beaman be sent quarterly with the statistical information of individuals who have become dependent on the County for payment of their care. If the cost of caring for an individual should fall on the County, Mr. Cotton requested that a notice of one business day be given in order to plan financially. Commissioner Curtis inquired if the County would have an opportunity to appeal the decision made by the committee. Mr. Beaman and Ms. Smith could not confirm that an appeal process for the County is available. Ms. Smith explained that the DSS staff will urge individuals to file a hardship  waiver. Commissioner Curtis requested that an appeal process for the County be established to prevent possible financial difficulties. Mr. Beaman confirmed that he will research the policy regarding such a process.

Approval of Lease Requests for Buyout Properties

Claire Stewart, Recreation Director, presented requests which have been reviewed by the Recreation Advisory Board and are recommended for approval: James and Linda Duncan  request to lease property on Max Thompson Road for gardening and Jeff and Tanya Parker request to lease two properties to mow on either side of a home they are purchasing on Shuttles Street in Clyde.

Vice-Chairman Kirkpatrick made a motion to approve the lease of these properties to the individuals as presented. Commissioner Upton seconded and the motion carried unanimously.

Permit Modifications

Stephen King, Solid Waste Director, presented for consideration a request to add a grinding operation for land clearing/clean wood waste and the ability to utilize the grindings for an alternate daily cover. This material will not be subject to the $2.00 disposal fee. This will assist when closing the construction and demolition landfill in June, 2008. The State requirements for using a tarp as an alternate daily cover have been completed. The County must pay the State $1,500 for the permit modification. All modifications may be grouped to prevent the requirement to pay the fee multiple times. Mr. King also presented for consideration the plans for a composting facility. By including these plans the County could be subject to a maintenance fee from the state not to exceed $500 per year. The composting area could be utilized by the farmers in the event that their current composting site closes.

Commissioner Upton made a motion to combine these plans as presented. Vice-Chairman Kirkpatrick seconded. Commissioner Curtis inquired if the purchase of a grinder would be necessary for the landfill. Mr. King replied that presently there is a grinder at the landfill site. The grinder will be used for grinding some of the material, but it is not large enough to grind stumps. The stumps could be dug and buried, which requires a weekly cover. Another option that Mr. King presented is to hire someone periodically when a larger grinder is needed. The motion carried unanimously.

Chairman Ammons shared that a gentleman approached him with information regarding disposal of tomatoes from the packing plant in Bethel. The gentleman explained to Chairman Ammons that at one time the tomatoes would be taken to the paper mill in Canton to run through their sewage trap. By using the tomatoes for this process, it would be easier to dispose of the tomatoes and closer than hauling them to White Oak Landfill. Chairman Ammons suggested the gentleman contact Mark Clasby, Executive Director Economic Development Commission regarding this possibility. Mr. King confirmed that he would discuss this process with Dr. Bill Skelton.

Thickety Community Park Request for Funds

Paul Allen, Chairman of Thickety Community Park, presented for consideration a request for funds to complete the renovation of the Thickety Park building and grounds. Presently the Thickety Park building and grounds is used weekly by the Boy Scout Troop 322. Mr. Allen explained that the renovation began in 2004 and included making the restrooms handicapped accessible, kitchen renovations and complete work in the main meeting area. The renovation ended due to lack of funds. Mr. Allen has received estimates for completion of the renovations for approximately $22,000. Chairman Ammons stated that funds are available throughout the fiscal year for community projects, but as we near the end of the fiscal year there isn’t as much money available. The Board suggested that Mr. Allen return with his request during the next budget year which begins July 1st, 2008. Vice-Chairman Kirkpatrick stated that previously, another community requested funds. At that time the Board requested at least one or two quotes and a description of the work. Commissioner Enloe suggested that Mr. Allen return with details of the work so that in the future the Board could help with the renovation plans. Chairman Ammons suggested completing the work in phases. Commissioner Upton inquired if the renovation plans had been discussed with Walt Leatherwood. Mr. Allen confirmed that Mr. Leatherwood has helped with the construction in the past and could possibly help with the renovation plans now. Commissioner Curtis inquired as to soliciting funds. Mr. Allen shared that many citizens in the Thickety Community have helped with the funds for the construction on numerous occasions. 

Request to Revise Guidelines for Haywood County Television (HCTV)

David Teague, Public Information Officer presented for consideration a request to revise the guidelines for HCTV to allow access to community organizations under the       conditions proposed. Mr. Teague explained that some of the proposed language changes and/or additions to the present guidelines would allow for more flexibility and better community service the citizens of Haywood County. Chairman Ammons stated that the proposed changes would be presented to the public at this time in order to allow for feedback. The guidelines could be presented for final adoptions at another Board meeting.

Haywood County Government Access Channel

Rules and Regulations

Purpose:

The rules and regulations set forth below shall govern the availability and use of the Haywood County Government Access Channel (HCTV) as cablecast on Charter Communications and Carolina Mountain Cablevision in Haywood County, North Carolina.

Availability of the Government Access Channel:

The Government Access Channel shall be available for programming to any bona fide Haywood County local government entity, municipality, educational institution, United Way organization or any other department, agency or organization funded in whole or in part by local, state or federal government tax funds.

Programming Content Guidelines:

The programming content shall consist only of material designed to inform and educate the public regarding:

Haywood County Government and its municipalities;

Agencies, departments and organizations funded in whole or in part by federal, state or local tax funds; and

Material designed to examine the social, economic, and cultural history and future of the county and its municipalities.

Requests to Air Programming:

All requests to air programming on the Government Access Channel must be directed in writing to the Haywood County Public Information Office (see contact information below) a minimum of 30 days prior to the date or dates that you wish programming to air. The number of times a program airs will be determined by the Public Information Office.

Content Review Prior to Broadcast

The Public Information Officer will review all programming submitted for broadcast on HCTV to assure that it meets the guidelines set forth in these Rules and Regulation. If necessary, the Public Information Officer may appoint a committee to review program content and determine suitability. If a program is determined not to be suitable for cablecast by the Public Information Officer and/or the review committee for reasons other than production quality, an explanation will be made in writing to the submitter.

Programming Production Quality:

Programming produced by eligible submitters and provided to the Public Information Office for cablecast must conform to technical requirements to ensure compatibility and to safeguard equipment.  The Public Information Officer reserves the right to reject any media that are not audible or not of reasonable picture quality.  Continuous sync. must be maintained for the duration of the program. A list of technical requirements is available from the Public Information Office.

Obscene and Indecent Material:

No program, production or presentation shall be permitted to be transmitted on the Government Access Channel that involves “obscene” or “indecent” material as defined:

Any material in a program and/or presentation which could/would subject the supplier thereof, Haywood County and cable providers to prosecution or penalty under local, state, or federal law for the presentation of obscene or indecent material.

“Obscenity” is programming or programming content that meets each of the following criteria:  - Has no artistic, social or educational merit, appeals to prurient interests or is definable as obscene according to contemporary community standards.

“Indecency” is programming or programming content that contains in whole or in part, subject matter, pictures or words or any other material defined as:  - Material that describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards.

Advertising and Promotion:

Programs that contain advertising, or which may be defined as having parts, or material, or content of an advertising nature, will not be cablecast.  Advertising is defined as any programming intended for cablecast which in whole or in part contains material of a commercial or advertising nature, or which would subject the supplier, Haywood County and/or the cable providers to prosecution under federal, state or local law for the misuse of Government Channel resources.

Programming Sponsorship

Sponsorship (financial assistance) by a business, individual or non-profit organization is permitted.  Sponsorship contributions are for production expenses exclusive of time (i.e. videotapes, props, special effects) and may not exceed the cost of production. 

Sponsorship Acknowledgement

Sponsorship acknowledgment is allowed utilizing the following guidelines, which allow limited identification of sponsors without creating an advertising or promotional effect:

Sponsor credits may appear one time during the entirety of the program;

Sponsors may be identified by name and location; however, no call to action to patronize the business will be permitted.  On screen talent and/or a voice-over may accompany a graphic acknowledging the business for no more than ten seconds during which the sponsor is identified and thanked for helping to support the program.

Producer Acknowledgement

Producer acknowledgment is allowed utilizing the following guidelines, which allow limited identification of sponsors without creating an advertising or promotional effect:

Producer credits may appear one time during the entirety of the program;

Producer may be identified by name and location; however, no call to action to patronize the business will be permitted.

Legal Permissions

Eligible program submitters should secure all rights, licenses, permissions and consents necessary for their productions.  Neither Haywood County Local Government nor the cable providers will assume a role of legal advisor in these matters.  All users of the Government Access Channel shall neither represent themselves as an employee or agent of Charter Communications or Carolina Mountain Cable, nor make any statement on behalf of Charter Communications or Carolina Mountain Cable in the course of the program or in any media.

Contact information for Haywood County Public Information Office

Address: 215 N. Main Street, Waynesville, NC 28786; Phone: (828) 452-7305; Fax: (828) 452-6715; Email – This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Facilities Evaluation – Department of Social Services Building

David Cotton requested formal guidance and permission to solicit the appropriate expert to evaluate the building housing the Department of Social Services. The condition of the building was discussed at a previous work session.

Vice-Chairman Kirkpatrick made a motion to approve facilities evaluation and to allow Mr. Cotton to engage the appropriate expert. Commissioner Enloe seconded and the motion carried unanimously.

Community Based Growth Planning Initiative

Commissioner Enloe stated that since the proposed resort in Jonathan Creek, citizens have a renewed interest in their communities. Commissioner Enloe suggested a pilot program for any community interested in community based growth planning. Commissioner Enloe stated her desire to instruct David Cotton, County Manager, to advertise an invitation to any community wanting to organize itself, to come forward as a pilot program to discuss how they want to look and how the Board can assist them. The County staff could be at the disposal of the community for research and resources.

Commissioner Enloe made a motion to announce that the Board is looking for a community to put itself forward as a pilot program for community based growth planning. Commissioner Upton seconded. Commissioner Curtis inquired as to the organizing of the community representation. Commissioner Enloe confirmed that the representation would need to be organized and perhaps using the community centers or fire departments throughout the County is a way these communities could organize themselves. Everyone in the community would need to have an opportunity to participate in this project. The County staff would assist the community with the level of participation and steering of the project. Paul Allen, Chairman of Thickety Community Park, approached the Board and explained that many years ago there was a community development program in seventeen counties in North Carolina. At that time the communities had their boundary lines drawn and each had their community programs, from watershed to watershed. After discussion the Board agreed that all communities should be advised of this proposed project and given an opportunity to participate.

The motion carried unanimously.

Bicentennial Time Capsule

Commissioner Enloe shared that there will be a bicentennial time capsule. Commissioner Enloe requested suggestions for items to be included in the capsule to be directed to her by April 22nd. Suggestions could be e-mailed to her at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or mailed to her at the address listed in the telephone book. Commissioner Enloe stated that the Board of County Commissioners will make the final decision as to the items to include in the time capsule, and the size of the capsule. It will be opened in 100 years. Chairman Ammons stated that the bicentennial book should be included in the time capsule.

Commissioner Enloe announced that the Park Servcice is having a hike as a bicentennial event. The hike will be held from 10:00 am until 2:00 pm, Saturday, March 22nd, at Cataloochee. Hikers are to meet at Palmers Chapel and bring a lunch. Everyone is invited to attend.

Response Letter to the State Treasurer

Chairman Ammons stated that the Board received a letter from the State Treasurer as expected. This letter was in reference to our audit report as it pertained to our reserves. Julie Davis and David Cotton composed a response to that letter explaining that we are within our fund balance.

Vice-Chairman Kirkpatrick made a motion to execute the response to the State Treasurer. Commissioner Enloe seconded and the motion carried unanimously.

Training for Commissioner Appointed Boards and Committees

Chairman Ammons shared that he had spoken with County Manager, David Cotton and requested that he research the cost from the Institute of Government to lead a training session for as many Commissioner appointed board and committee members as possible in order that the members could be better prepared to serve on various boards. The training will not replace the specific training for boards, but will be a means to help members understand the function of the board, what board membership means, help members better prepare for the board meetings, and enable them to think independently.

Commissioner Enloe made a motion to adopt Chairman Ammons’ idea about board training. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

ADJOURNMENT

Vice-Chairman Kirkpatrick made a motion to adjourn the meeting. Commissioner Upton seconded and the motion carried unanimously. The time of adjournment was 8:18 pm. The DVD is attached by reference to the minutes.

 David B. Cotton                                                             Larry R. Ammons

CLERK                                                                        CHAIRMAN