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Board of Commissioners - Minutes

HAYWOOD COUNTY COMMISSIONERS
REGULAR MEETING – April 7, 2008

 

CALL TO ORDER

Chairman Larry R. Ammons convened the regular meeting of the Haywood County Board of Commissioners at 9:05 a.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.

Vice-Chairman Kirkpatrick offered the invocation.

Call To A Public Hearing

Call to a Public Hearing - Slope Ordinance Revision

Mark Shumpert, County Engineer, presented for consideration a request to hold a public hearing at the next regular Board meeting, April 21st, 2008, at 5:00 pm. The Haywood County Slope Ordinance is a year old. Mr. Shumpert has been working with the Engineering Review Board to improve the clarity and effectiveness of the ordinance. Mr. Shumpert, on behalf of the Engineering Review Board, respectfully requested a public hearing for the proposed revisions to the slope ordinance.

Commissioner Enloe made a motion to set the public hearing for the slope ordinance revision for the meeting April 21st. Commissioner Upton seconded and the motion carried unanimously.

Call to a Public Hearing - Child Safety Zone Ordinance

Claire Stewart, Recreation Director, presented for consideration a request to hold a public hearing at the next regular Board meeting, April 21st, 2008, at 5:00 pm. For public input on a proposed Child Safety Zone Ordinance. The Recreation Advisory Board has been reviewing this issue since August 2007. The Sheriff's Department has also researched the issue and a draft of the ordinance has been reviewed by County Attorney Chip Killian.

Vice-Chairman Kirkpatrick made a motion to set a public hearing for a child safety zone ordinance for April 21st. Commissioner Curtis seconded and the motion carried unanimously.

Haywood Regional Medical Center (HRMC) Update

Al Byers, Interim Chief Executive Officer (CEO) of HRMC presented a “green list” which indicated training that has been given to employees of HRMC. Mr. Byers explained that the goal is to have 100 percent of the HRMC employees receive the training. Mr. Byers stated that the staff of HRMC is ready for the inspection by the Centers for Medicaid and Medicare services (CMS). Mr. Byers stated that on Friday, April 4th, CMS shared that they were reviewing the action plan of HRMC. All areas are being monitored for compliance and presently there are fifteen patients at HRMC. Mr. Byers explained that HRMC will most likely begin drawing on reserves within the week. Some HRMC employees are working on a temporary basis with area hospitals. The hospital board met the evening of April 3rd, and interviewed a CEO search firm. The board made a motion that all board members will be trained within six months. The functions for the quality oversight steering committee and quality oversight board committee have begun. Both committees have met. Mr. Byers stated that he will begin the recruitment process for the Quality Compliance Officer, a new position at HRMC. To receive input from the employees at HRMC, Mr. Byers will be meeting with approximately twelve representatives from departments to discuss two things, ways to improve patient care and ways to improve employee’s workplace. Managers will not be involved in these informal meetings. All board members will receive a copy of the book, “The Board’s Role in Quality Care”. Commissioner Enloe shared a constituent concern regarding a contracted department at the hospital. The manager of the food services is not a hospital employee, but is contracted by Morrison Cafeteria. There is a concern for the employees of the food services department and the hours they work. Mr. Byers stated that he is not aware of the hours of the employees of the food services, but will review this department and confirm fairness for these employees. Commissioner Curtis inquired as to an update from the Future Directions Committee. Vice-Chairman Kirkpatrick recognized Mark Clasby, the Chairman of  the Future Directions Committee. Mr. Clasby explained that the committee has met to discuss the future for HRMC for the next ten years.

Commissioner Curtis inquired as to the future of the hospital and its CEO.

Mr. Clasby explained that the hospital began looking for a new CEO several months ago. With the recent issues that search has been expedited.

Vice-Chairman Kirkpatrick stated that the future directions committee is much diversified in its opinions as to that how the hospital should move forward. The first step is to get the Medicaid / Medicare certification back, then review the financial state of the hospital.

 Commissioner Upton inquired as to the wide range of involvement regarding completely taking over the hospital to an affiliation. Mr. Clasby clarified that there are many major issues when considering such options and a great deal of time is needed in order to negotiate any type of merger or acquisition.

Chairman Ammons inquired as to the finish of the Compass Group and if they would make recommendations to the hospital board regarding the structure of the membership, number of those at higher management, ratio of nurses, the by-laws. Mr. Byers stated that there has been discussion regarding the hospital by-laws. There are some changes that need to be made to these by-laws. The medical staff by-laws also need some changes. The board will be reviewing the organizational structure of the hospital. Dr. Fenner, with Compass Group, is assisting the review of the organization structure from a management standpoint. The staff ratios were appropriate for the patient loads and were not a problem. Commissioner Enloe shared that those constituents who called her were fearful for their jobs at the hospital. Mr. Byers stated that there would be no retribution.

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.

Harley Caldwell approached the Board. Mr. Caldwell asked about the process in the event that the hospital was to be sold. Mr. Caldwell stated that he understood that the hospital belonged to the citizens of Haywood County. Vice-Chairman Kirkpatrick stated that the chance that the hospital would be sold is not being discussed at this time and confirmed that there is no expectation of selling the hospital.

Mr. Caldwell stated that April 27th, is Haywood County Day at the hospital. There will be a rally in support of the hospital. Everyone is invited.

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. Commissioner Curtis stated that the Department of Transportation (DOT) has been contacted on some projects and has agreed that they will address those issues. On issue they are reviewing is removing the guardrails.

David Cotton, County Manager, explained that the State will re-advertise for individuals interested in opening the tag office, then interviews` will be conducted.

Discussion / Adjustment / Approval of Consent Agenda

There were no adjustments to 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 17th Regular Meeting.
  • Surplus Property as presented by Sandra Fortune, Purchasing Manager.

Resolution for Declaration of Surplus Property and Sale of Property via Scrap metal Recycling - Haywood County has in its possession: one front end loader, one air compressor, and one metal shelving and document file cabinet which is no longer of use to the County. 

Resolution for Declaration of Surplus Property and Sale of Property via Electronic Auction - Haywood County has in its possession: one 1990 Ford Bronco #2100 and five lots of miscellaneous furniture/air conditioners no longer of use to the County.

Resolution for Declaration of Surplus Property and Donation of Property to Cruso Volunteer Fire Department - Haywood County has in its possession: one 1995 Ford Bronco #7938.

Commissioner Enloe made a motion to approve the metal items for scrap metal, secondly items for gov auctions and third the donation of property to the Cruso Volunteer Fire Department. Commissioner Upton seconded.

  • Budget Amendments as presented by Julie Davis, Finance Director.
    • Environmental Health – Funds for Environmental Health, food and lodging, distribution was originally budgeted as $11,200. The amount we are receiving for 2006-2007 compliance is an increase of $2,106 - $2,100 adjustment for FY07 compliance amount to be received in FY08.
    • Mass Transit – Mountain Projects, Inc. - $80,000 - Increase in supplemental pass-through funds for EDTAP. To appropriate the amount of the additional supplemental disbursement from the NC DOT for EDTAP. Amount to be matched by MPI.
    • E911 S/R Fund 23 - $103,000 – To appropriate the amounts needed to purchase the hardware and software for the upcoming GIS conversion.
    • Capital Project Ordinance – Public Schools Astroturf project - $1,501,822 with $1, 400,000 Loan Proceeds. Presentation for consideration of the capital project ordinance for the installation of synthetic turf and related grading and drainage at the C.E. Weatherby and Pisgah Memorial Athletic stadiums 

Administrative / Agency Report

 Annual Report for the Local Emergency Planning Committee (LEPC)

Greg Shuping, Emergency Management Director, presented for consideration the annual report for the LEPC. Mr. Shuping explained that the LEPC brings together all the municipalities and agencies that would be involved if and when there are disasters. Some items that are reviewed Law Enforcement, Search and Rescue, wildfires and how various agencies and municipalities will work together to address these issues. There is an Interstate-40 subcommittee that has been developed. This subcommittee has brought together the partners that would respond in the event that an emergency disaster occurred on the interstate.  On behalf of our region the LEPC has applied for a grant that would perform a full scale exercise and simulate a major emergency in the gorge. Mr. Shuping read the agencies that are part of the LEPC: Emergency Management, Department of Social Services, the Town of Waynesville Public Health, the Sheriff’s office, two fire department representatives, public transit, the Town of Clyde Industry, Highway Patrol, the Town of Canton, 911 Communications, Public Schools, the fire marshal’s office, HRMC, Rescue Squad, DOT, the Town of Maggie Valley, Emergency Medical Services, Haywood Community College and Public Information.

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

Old Business

Paving for Convenience Centers – Presentation of Bids

Stephen King, Solid Waste Director, presented for consideration three bids for paving convenience centers. Three proposals were presented. The lowest bid was from Custom Paving.

Commissioner Enloe made a motion to accept the low bid. Commissioner Curtis seconded and the motion carried unanimously.

Mr. King explained that there are larger signs posted indicating directions for the landfill. Larger signs at the convenience centers will also be posted. David Cotton, County Manager, stated that the larger signs will be more convenient for customers. Chairman Ammons inquired as to the bailer. Mr. King stated that the bailer is operating.

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

Vivian Bumgarner, Mountain Projects, Inc. presented for consideration the final closeout documents for the CDBG Scattered Site Housing grant. A public hearing was held during the regular Board meeting, March 17th, 2008.

Commissioner Enloe made a motion to authorize Chairman Ammons to execute the closeout document on the community development block grant housing. Commissioner Curtis seconded and the motion carried unanimously.

Closeout Information for CDBG 05-C-1364

Vivian Bumgarner presented for consideration the final closeout documents for the CDBG 05-C-1364 grant. A public hearing was held during the regular Board meeting, March 17th, 2008. 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 info-structure into the development. Mountain Projects, Inc., covered the remaining info-structure cost with a line of credit.     

Commissioner Curtis made a motion to authorize Chairman Ammons to execute the closeout report on the CDBG at Barefoot Ridge. Commissioner Upton seconded and the motion carried unanimously.         

Community Based Planning Letter (Draft)

Commissioner Enloe presented for consideration a letter to be sent to communities throughout Haywood County, announcing a pilot program for any community interested in community based growth planning. The pilot program will allow communities to determine how they want to look and the County staff would be at the disposal of the community for research and resources. Commissioner Enloe read the letter.

April 7, 2008

 

Dear ____________:

 

Like much of western North Carolina, Haywood County has grown rapidly in recent years. Rapid growth can bring rapid change to a community and that is why we are sending you this letter.

We, the Board of Commissioners, understand that Haywood County consists of many unique communities. As a result, how we respond to growth and change calls for something other than a “one-size fits all” approach, but instead recognizes our diversity, and the personal stake residents of a given community have in charting your future.

With this in mind, the Board of Commissioners is seeking proposals from communities who would like to be considered for a pilot project in community-based planning. By whatever means you deem appropriate – an existing organization, such as a community club, fire department, church or school; or through an informal gathering of residents, we propose that you create a dialogue with your neighbors and then tell us why your community should be selected for this project.

You don’t have to send us a formal proposal, a simple letter will do. The letter should address the following four areas:

What you value about your community;

Your concerns about the future;

Your thoughts on what you’d like the community to look like in 10 years; and

Why your community should be selected for this project.

A list with the names of each person who took part in the dialogue should be included. Letters should be addressed to David Cotton, Haywood County Manager, 215 N. Main Street, Waynesville, NC 28786. The deadline is _____________________.

Once a community has been selected, the county will assist you through the planning process. We’ll connect you with county personnel that can provide information and assistance and we’ll connect you to community planning resources that have been used in other communities around the state.

We are growing and we are changing; and the best way to make change work to everyone’s benefit is by talking, working and planning together. We look forward to hearing from you and to working together on this project.

Sincerely,

The Haywood County Board of Commissioners 

Commissioner Enloe made a motion to adopt the draft of this letter that the manager sends out. After discussion the Board agreed that that each community should be requested to define the boundary of their community. David Cotton, County Manager, stated that the letter would be posted on the website, www.haywoodnc.net and on HCTV. Mr. Cotton stated that after giving some general guidance to David Teague, Public Information Officer, Mr. Teague drafted the letter. Commissioner Enloe commended Mr. Teague for the eloquently written letter. Commissioner Curtis stated that with local clubs, schools, fire departments, community centers, the Board could receive more than one letter from a  community interested in being the pilot program. Commissioner Curtis encouraged the communities to work together and find one source for this program and asked what will there be criteria. After discussion the Board determined that it will be left at the discretion of the Board and not simply the first community to request assistance. Chairman Ammons stated that all requests will be considered. Mr. Cotton explained that generally this process is expected to require approximately twelve to eighteen months for completion. Mr. Cotton shared that in the future, and with guidance from the Board, if other communities would like to come forward with requests for assistance, they could do so and every six months the Board could assist another community until all the communities interested in the process could receive assistance. Commissioner Upton stated that each community is different and it is important for the communities to express their needs for assistance.

Commissioner Enloe made a motion to adopt the draft letter with the addition of a number five, in the fourth paragraph to read, “define the boundary of your community”. Commissioner Curtis seconded. After discussion the Board decided by common consent to add the deadline for receiving the letter is June 30th, 2008.  Mr. Cotton extended to anyone requesting more information to contact the office of the County Manager. Mr. Cotton confirmed that the letter will be sent to all the media outlets, all the established community based organizations, the community clubs, fire departments and other entities that have identified themselves. Commissioner Enloe inquired that the letter would be on the HCTV and the website. Mr. Cotton confirmed that the letter would be posted accordingly. The motion carried unanimously.

Wellness Clinic

David Cotton, County Manager, presented for consideration a request for proposals for professional services for the Wellness Clinic. The Wellness Center is expected to address basic level primary care, including routine medical care and health screenings.  Mr. Cotton shared the list of direct solicitations that will be sent to general practitioners within Haywood County. Initially the clinic will be opened five days per week, four hours per day. Mr. Cotton stated that the letters will be sent with a response due back date of May 2nd, 2008, by 5:00 pm. A cost component will be included.

Marty Stamey, Assistant County Manager, presented for consideration a request to approve the budget for the fiscal year in preparation for opening the Wellness Clinic on July 1st, 2008. Plans for implementation, financial impact statement and other supporting attachments were presented for review.

Julie Davis, Finance Director, presented for consideration a budget amendment for the startup costs - $32,250 new costs and reallocation of rent into new departmental budget to appropriate the preliminary expenses to prepare the leased building for the Wellness Clinic.

Commissioner Upton made a motion approve the RFP for professional services, the renovations to be done to the facility that the Board is planning to use and the budget amendment as proposed by Julie Davis. Vice-Chairman  Kirkpatrick seconded and the motion carried unanimously.

Proposed Offer to Purchase Salvage Yard property Abutting the Pigeon River

Tony Sexton, Hurricane Recovery Director, presented for consideration a proposal to purchase the salvage yard property abutting the Pigeon River. The contract is subject to review and approval by the Hazard Mitigation Section chief of the North Carolina Division of Emergency Management. Ms. Sexton explained that once the property is acquired, the County is responsible for maintaining the property. Chairman Ammons stated that approximately one year ago, the Board authorized him to work with Mr. Sexton and the staff on this project. The Legislators encouraged them to continue working on the projects due to several issues that are involved. Water quality is most important because the salvage yard is on the Pigeon River, the ultimate water source for the Town of Canton.

Commissioner Enloe made a motion to authorize the Board to enter into the contract and to authorize Mr. Sexton to file the application on behalf of the Board and Mr. Cotton.  Commissioner Upton seconded. Vice-Chairman Kirkpatrick stated that in the future the Board will need to review how the properties will be maintained. Some of the properties in Clyde and Canton which have been acquired need to be maintained and money must be placed in the budget for this maintenance. The motion carried unanimously.

NEW Business

Appeal of Denial of Flood Assistance

Tony Sexton presented for consideration a request to appeal the decision regarding flood assistance. Under the procedures for the flood assistance program anyone denied has the right to appeal first to Tony Sexton, then to the Board of County Commissioners, and then to the State. Denial of eligibility to Mrs. Michelle Lynn was based on advice received from the North Carolina Redevelopment Center, which funds the flood assistance program. 

Commissioner Enloe made a motion to send this request on to the State appeals process, and that the Board denies the appeal of Ms. Lynn. Commissioner Upton seconded and the motion carried unanimously.

Plus Linen Incentive Agreement

Mark Clasby, Executive Director Economic Development Commission, presented for consideration a request from Plus Linen for the grant under the Industrial Development Incentive Grant Program for 2007 in the amount of $17,718.25. The County entered into an Incentive Agreement on March 31st, 2005 with Plus Linen.

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

Tourism Development Authority (TDA) Occupancy Tax Appeals for Penalties

Scotty Medford Ellis, TDA Executive Director Scotty Medford Ellis, TDA Director, presented for consideration the recommendations for presentation for consideration appeals for occupancy tax penalties.

Vice-Chairman Kirkpatrick made a motion to approve the appeals as presented.  Commissioner Upton seconded and the motion carried unanimously.

Ms. Ellis shared that the TDA subcommittees that were appointed by the Board of County Commissioners will be reviewing all the funding guidelines. The first round of recommendations will be due to the TDA Board by April 16th.

Training for Commissioner Appointed Boards and Committees

David Cotton, County Manager, presented for consideration a training opportunity 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. A seminar on “Rules of Procedure” will be held at Lake Junaluska on Thursday, April 17th and is designed for small to mid-sized boards. The fee is $25 per person. Chairman Ammons suggested that the Board that handles resources for Haywood County plan to attend. These boards are the Agricultural Activity Committee, the Hospital Authority Board of Commissioners, the Department of Social Services Board, the Health Board, the Recreation Board, the TDA Board, the Economic Development Commission Board, and Erosion Control Board. Chairman Ammons requested that the chairman of these boards be sent information regarding this training. Chairman Ammons proposed that the County reimburse those board members for the $25 fee.

Chairman Ammons made a motion to authorize the Board of County Commissioners to reimburse anyone who attends this School of Government class next week at Lake Junaluska, on the 17th, $25 from the County coffers. Commissioner Enloe seconded and the motion carried unanimously.

Board Applications

David Cotton, County Manager presented applications for the Engineering Review Board.  There is one vacancy, two applications were received: Randy Best and Dan Wight. Randy Best currently serves on the Engineering Review Board. His term expired February 28th 2008. Mr. Best is eligible for reappointment and has agreed to serve for a three year term. The Board of County Commissioners agreed to schedule a time to interview these two applicants along with the applicants for the Hospital Authority Board of Commissioners.

Mr. Cotton stated that there will be two vacancies on the Hospital Authority Board of Commissioners. Michael B. Ray and Steve A. Sorrells currently serve. Their terms will end April 21st, 2008. Neither wishes to be re-appointed. Forty applications were received. After discussion the Board scheduled interviews for April 28th, beginning at 1:30 pm, April 29th, beginning at 9:00 am, and May 1st, beginning at 9:00 am. Interviews will be held in the County Commissioners’ Meeting Room at the Haywood County Justice Center, Waynesville, North Carolina. Mr. Cotton confirmed that the applicants would be advised of the possibility of the press attending the interviews. Also, Mr. Cotton will review the applications to insure that all applicants meet the requirements of the by-laws. Commissioner Curtis shared that according to the statute, the hospital board will recommend names to this committee for approval. Commissioner Curtis inquired if the process for interviewing the applicants would be a conflict for the Board of County Commissioners. County Attorney Killian confirmed that the statute reads that the hospital board would recommend names to this committee for approval. County Attorney further stated that if the process is one that the hospital board is comfortable with, and if they do not oppose the action that the Board of County Commissioners takes, he is of the opinion that there is no problem.

Recess

Chairman Ammons called for a brief recess.

CLOSED SESSION

The Board returned from recess.

Vice-Chairman Kirkpatrick made a motion to enter into closed session for the reason of Personnel – G.S. §143-318.11(a)(6), another Personnel matter - G.S. §143-318.11(a)(6), Potential Litigation – G.S. §143-318.11(a)(3), and pending Litigation on the Lucius Jones property and the Cameron property – G.S. §143-318.11(a)(3). Commissioner Upton seconded and the motion carried unanimously.

RETURN FROM CLOSED SESSION

Commissioner Upton made a motion to hire John Brooks as an Environmental Health Specialist effective May 19th, at a salary of $48,100. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

Commissioner Enloe made a motion to approve, but not release the minutes of the Closed Sessions of October 15th, January 22nd, January 31st, February 4th, and February 18th. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

ANNOUNCEMENTS

Commissioner Enloe commended Flora Gammon on the Tartan Day, held April 6th. The next bicentennial event will be a parade at 11:00 o’clock on Memorial Day, May 26th.

David Cotton, County Manager, stated that the Employee’s Award Luncheon will be held April 8th, at 11:30 am, at the Waynesville Country Club. The joint meeting between the Board of County Commissioners and the Board of Education will be held April 8th, at 5:30 pm in Clyde. The North Carolina Association of County Commissioners will hold their annual district meeting April 10th, at 10:00 am, at the Waynesville Country Club. There will be a budget work session April 10th, at 2:00 pm, at the Administrative Offices. The Haywood Community College joint dinner will be held April 15th, at 5:45 pm, at the Regional High Tech Center. The Rules and Procedures seminar will be held April 17th, at Lake Junaluska. The new corporate for Evergreen and Blue Ridge Paper will have a reception on April 17th, at 5:30 pm at the Maggie Valley Country Club. Chairman Ammons announced that there will be a meeting of the Board of Equalization and Review on April 14th, 15th, 17th, and, if necessary, the 18th. Mr. Cotton announced that today, he will be meeting with one architect and two other architects are scheduled to walk through the building of the Department of Social Services in order to present a cost for performing the evaluation. This report will be presented at the next regular Board meeting, April 21st, 2008.

ADJOURNMENT

Commissioner Upton made a motion to adjourn the meeting. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously. The time of adjournment was 12:10 pm. The DVD is attached by reference to the minutes.

 David B. Cotton                                                            Larry R. Ammons 

CLERK                                                                        CHAIRMAN