BOCC Meeting 04/21/08 Print
Board of Commissioners - Minutes

REGULAR MEETING – April 21, 2008



Chairman Larry R. Ammons convened the regular meeting of the Haywood County Board of Commissioners at 5:00 .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.

Chairman Ammons offered the invocation.

In Honor of Corporal Nathan Brookshire

Commissioner Upton announced that Corporal Nathan Brookshire, a combat engineer, was assigned to the 425th Brigade, Special Troops Battalion. Corporal Brookshire was injured in Iraq in May 2007 by a roadside bomb and is now confined to a wheelchair. He is a 1998 graduate of Pisgah High School. An evening honoring Corporal Brookshire will be held at Pisgah High School, Monday, April 28th, at 6:30 pm.

Public Hearing

Public Hearing - Slope Ordinance Revision

Chairman Ammons opened the public hearing for the proposed slope ordinance revisions. Mark Shumpert, County Engineer, presented the proposed slope revisions. 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.

Chairman Ammons inquired if anyone would like to speak regarding the proposed revisions to the slope ordinance. Lynn Jefferys approached the Board. Ms. Jefferys expressed her concern regarding the ordinance and the consideration of natural slopes and how the slope ordinance will be enforced. Mr. Shumpert explained that originally, the ordinance included language regarding natural slopes, but this is an issue that will be discussed at a meeting with the engineering review board. Mr. Shumpert explained that as development continues, it is expected that a technician may be required to go to the sites and to perform inspection. Mr. Shumpert stated that the engineering review board consists of seven members. The board is represented by various aspects of the development industries. Mr. Shumpert reviews slope plans. If a slope plan is not approved, or if modifications are needed, there are provisions to appeal if someone disagrees with the decision made by him. The engineering review board will hear all appeals and will make decisions as a board and have oversight of the ordinance. Chairman Ammons stated they need to monitor or track slope failures and possibly adjust the ordinance as needed. This review will help the board monitor the slope ordinance and its effectiveness.

Commissioner Curtis inquired as to the time necessary for Mr. Shumpert to monitor the slope ordinance. Mr. Shumpert stated that a great deal of the slope ordinance enforcement requires the certificates of occupancy.

Ron DeSimone, member of the Home Builder’s Association, approached the Board. Mr. DeSimone expressed a proposal to require less compaction as a slope becomes flatter. Chairman Ammons inquired if the Home Builder’s Association would be interested in preparing a recommendation to present to the Board of County Commissioners. Mr. DeSimone confirmed that the Home Builder’s Association would review this issue and prepare a formal recommendation. Mr. DeSimone stated that the Home Builders Association is in favor of the slope ordinance. Chairman Ammons stated that we all would like to preclude slope failures.

Chairman Ammons asked if anyone else would like to speak. Being no other comment, Chairman Ammons closed the public hearing.

Public Hearing - Child Safety Zone Ordinance

Chairman Ammons opened the public hearing for the proposed Child Safety Zone ordinance. Claire Stewart, Recreation Director, explained that the Recreation Advisory Board has been reviewing this proposed ordinance 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. Ms. Stewart read the purpose of the proposed ordinance: “The purpose of the regulations in this chapter is to restrict only registered sex offenders from entering certain lands or facilities that may be designated as a recreation facility child safety zones by the Haywood County Board of Commissioners in accordance with this chapter. It is the intent of this chapter to promote the general welfare and safety of Haywood County citizens by preserving the peaceful enjoyment of Haywood County parks and recreational facilities by the children and citizens of the county and by other persons.”

Commissioner Enloe read from the proposed ordinance, the definition of “recreation facility child safety zone”: “Any publically owned land, or facility, which is designated by the Haywood County Board of County Commissioners, as a recreation facility child safety zone. In making such designation the Haywood County Board of County Commissioners shall issue a finding that the land or facility is frequented by children of less than eighteen years of age for recreational or athletic purposes, and that said land or facility lacks adequate adult supervision to protect the welfare and safety of children from registered sex offenders”.

Chairman Ammons opened the public hearing for the proposed Child Safety Zone ordinance. Being no comment, Chairman Ammons closed the public hearing.

Chairman Ammons stated that the Board does not vote on the proposed adoption of ordinances during the same meeting as the public hearing. These ordinances will be presented again at a future Board meeting to consideration of adoption of the ordinances.

Haywood Regional Medical Center (HRMC) Update

Al Byers, Interim Chief Executive Officer (CEO) of HRMC stated that after the initial by inspection by the North Carolina Department Division of Health Services Regulation (DHSR), HRMC was found to be in compliance with the conditions of participation, which resulted in the immediate jeopardy designation. The specific areas inspected were governing body, restraints, patient grievances, medication administration, pharmacy services, the physical environment, and quality assessments. HRMC was found to be in compliance in every area. The DHSR is now compiling a report which will be sent to the Centers for Medicaid and Medicare services (CMS). HRMC will receive the report within ten days. CMS will determine the length of reasonable assurance.

Weekly meetings with employees have been a valuable tool for the hospital. The employees have great suggestions. Mr. Byers explained that he requested of the employees that they prioritize five suggestions.

Mr. Byers stated that funds for HRMC may be depleted by June 15th, 2008. Mr. Byers challenged the department directors to decrease the labor cost by ten percent, per pay period. Initially HRMC had $18.5 million. Last week HRMC drew down $2.5 million to meet payroll, leaving $16 million. HRMC owes $5.8 million on bonds, leaving $10.2 million. HRMC now has $3 million in accounts payable, leaving $7.2 million. There are three payrolls in May which will require approximately $4 million. With the department director’s help, HRMC may be able to decrease the $4 million needed for payroll.

Mr. Byers invited everyone to join the rally scheduled for HRMC, April 27th, 2:00 – 5:00 pm. 

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.

Peggy Melville, Haywood Community College (HCC) approached the Board. Ms. Melville was joined by several representatives. Ms. Melville, on behalf of the members of the HCC Board of Trustees, the Foundation, and the Neighbors, urged citizens of Haywood County to vote for the quarter cent sales tax bond referendum in support of HCC.

Eddie Wells, Mountain Projects, Inc. (MPI) approached the Board. Mr. Wells, read a statement written by Patsy Dowling, MPI supporting the bond referendum.

Ce Ce Hipps, Executive Director of the Haywood County Chamber of Commerce, approached the Board. Ms. Hipps, on behalf of the Chamber of Commerce and as a member of the Neighbors for the Community College, stated support for the bond referendum.

Ronald Mills approached the Board. Mr. Mills expressed that the future of HCC needs to be protected by supporting the bond referendum.

Tony Beaman, Director of Department of Social Services, approached the Board. Mr. Beaman stated that he was speaking as a private citizen in support of the bond referendum.

Paulette Childress, President Haywood County Board of Realtors, approached the Board. Ms. Childress stated that the Board of Realtors supports the bond referendum.

Lynn Jefferys, Haywood Community Alliance approached the Board. Ms. Jefferys was joined by members of the Haywood Community Alliance. Ms. Jefferys explained that the Haywood Community Alliance began as a group of Jonathan Creek residents concerned about the impact that the Cataloochee Wilderness Resort would have on the community. This alliance share concerns about land use, and its impact on environment, ecology, livability, and culture. Mr. Jefferys presented brochures to the Commissioners regarding the alliance. A petition requesting two actions of the County Commissioners’ was presented. 1) support for an environmental impact and disclosure report from developers of major subdivisions and, 2) to enact an adequate public facilities ordinance that would require developers of large projects to disclose the amount of public facilities needed and require the developer to pay impact fees when appropriate.

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 Enloe requested adding a review of the Farmland Preservation to the agenda for the next regular Board meeting, May 5th, 2008.  Commissioner Enloe announced that Haywood County will have a Memorial Day parade Monday, May 26th, 2008, at 11:00 am. Ronald Putnam, Veterans Affairs Director, and the Veteran’s Council have been working diligently to make this parade a success. The parade will honor our men and women in uniform.

Commissioner Upton inquired how we can differentiate someone who shares the first name, last name, and middle initial of someone listed as delinquent on their taxes. David Cotton, County Manager, stated that he will seek clarification with the Tax Administrator, David Francis.

Commissioner Curtis inquired as to the status of the license plate agency in Waynesville. Mr. Cotton confirmed that he would contact the State office regarding their efforts to re-advertise the accepting of applications. Mr. Cotton stated that he will report back to the Board.  

Discussion / Adjustment / Approval of Consent Agenda

Chairman Ammons stated that under “Consent Agenda” the item of “Haywood County Public Schools” will not be discussed at this meeting. Under “New Business”, Chairman Ammons added, “Prayer Day Proclamation” and “Hospital Board Appointments”.

Consent Agenda

Commissioner Enloe made a motion to approve the consent agenda as presented. Commissioner Upton seconded and the motion carried unanimously.

  • Approve Minutes of March 7th, and March 14th, 2008 Special Meetings and April 7th, 2008 Regular Meeting
  • Request Approval of March 2008 Refunds, Releases, Discoveries and Amendments – Judy Ballard, Tax Assessor
  • Resolution for Declaration of Surplus Property and Sale of Property via Electronic Auction as presented by Sandra Fortune, Purchasing Manager - Haywood County has in its possession:

                        1 – 1999 Ford Crown Vic #3408

                        1 – 1998 Ford Crown Vic #5615

                        1 – 2002 Ford Crown Vic #2015

  • Budget Amendments  – Julie Davis, Finance Director
    • Health Department - $17,091 – Funds received for the Healthy Haywood program to be used by the program
    • Health Department - $250 – State funding for an additional participant to attend the Child Health Update in May
    • Health Department - $5,027 – Increased State funding for the tobacco use prevention program
    • Health Department - $500 – Child Health – Clinical Site Development grant from Western Carolina University
    • Department of Social Services - $3,000 – Transfer of budget between Work First departments to cover increased transportation costs due to fuel costs
    • Economic Development Incentive Grant - $17,719 – Canton Laundry
    • Haywood County Public Schools - $329,362 – Re-allocation of lottery funds designated for school capital projects to cover the replacement of bleachers in the two high schools in the county. Commissioner Curtis inquired as to the lottery funds that will be used for this project. Larry Smith, Haywood County School Finance Officer, confirmed that presently there is $652,000 in lottery money available. An additional $100,000 allocation is expected by the end of this fiscal year. Commissioner Curtis stated that lottery money is stipulated for capital projects only and these projects and the artificial turf will be paid for through sources other than taxes. Commissioner Upton expressed his appreciation for the replacement of the bleachers. Commissioner Curtis inquired if there will be new bleachers in the alternate school gymnasiums. Mr. Smith stated that those gymnasiums are used for practice only will not receive new bleachers.
  • Request to approve Application to the public school building capital funds, North Carolina Education Lottery
  • Request to approve related budget amendment to the capital project fund 

Administrative / Agency Report

Dental Clinic Update

Carmine Rocco, Health Director introduced Dr. Hayley Burdette, DDS. Dr. Burdette has recently joined the Haywood County Health Department. Dr. Burdette gave a power point presentation on the Haywood County Dental Clinic.

Upper Pigeon River Flood Protection Plan and Land Conservation Efforts

George Ivey, Bethel Rural Preservation Project Coordinator, gave a power point presentation explaining the overview of completed flood protection plan and next the steps for protecting flood-friendly lands in the Pigeon River Valley upstream of Canton. Mr. Ivey shared that as part of its work under the Hurricane Recovery Act of 2005, the North Carolina Division of Water Resources (DWR) launched a community-based flood recovery study of Canton, Clyde, and the Upper Pigeon River watershed.       


Chairman Ammons called for a brief recess.

David Teague, Public Information Officer, clarified that a meeting regarding the flood mapping will be held May 21st, 2008. Mr. Teague stated that information regarding this meeting will be announced to the public.

Old Business

Sign Variance Agreement

Vice-Chairman Kirkpatrick presented for consideration the sign variance agreement for Wild Turkey Estates. Haywood County maintains a “street sign ordinance” which requires the use of uniform street signs. The residents of Wild Turkey Estates have installed custom wooden street signs which are not the uniform street signs. On behalf of the residents of Wild Turkey Estates, Vice-Chairman Kirkpatrick requested a sign variance agreement.

Commissioner Enloe made a motion to approve the sign variance agreement and authorize the execution on behalf of the County. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

New Business

Resolution for Support of Continuation of the Criminal Justice Partnership Program (CJPP) Funding

Anita Pruett, CJPP Director presented for consideration a request for a resolution endorsing full reinstatement of funding for Criminal Justice Partnership Program to the continuation budget. Ms. Pruett explained that in Haywood County there are intermediate offenders who are on probation. CJPP provides the funds for these offenders to receive substance abuse treatment.

Commissioner Upton made a motion to adopt the resolution and authorize the execution of it. Commissioner Enloe seconded and the motion carried unanimously.

Board Applications

David Cotton, County Manager presented for consideration applications for the Region A Aging Advisory Board. There are four vacancies on the Region A Aging Advisory Board for three year terms. These vacancies were advertised in “The Mountaineer”. Three applications were received: Ernestine Upchurch, Gayle Doughton, member, may be re-appointed, and Patricia Hyatt, member, may be re-appointed.

David Cotton stated that there are four vacancies on the Watershed Review Board. These           vacancies were advertised in “The Mountaineer”. No applications have been received.

Commissioner Curtis made a motion to appoint the three applicants to the Region A Aging Advisory Board. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

Department of Social Services (DSS) Building Evaluation Cost

David Cotton, County Manager, stated that three individual architects visited the site of the DSS building. Each architect evaluated the building. Their preliminary estimate for a full evaluation of the viability for the future of the DSS building would cost $10,000 - $25,000. Mr. Cotton explained that the usable square footage of the building is approximately 29,000 square feet. The needs for DSS are approximately 40,000 square feet. A full evaluation includes architectural structural and any mechanical engineering needed for the evaluation. An estimated $150 per square foot for renovations and $180 per square foot for a new construction were presented. Mr. Cotton requested guidance from the Board regarding pursuing a more comprehensive proposal for evaluating the building. After discussion the Board requested that Mr. Cotton present them with a written summary of each of the architect’s estimate and present this at a future Board meeting and this summary is to be presented for review by the media as well. Vice-Chairman Kirkpatrick inquired as to the reason the building size differs from the usable square feet of space. Mr. Cotton explained that the outline of the building itself is approximately 50,000 square feet. Approximately one and a half stories cannot be used because the furnace was once in that area and the space is now being used for files. Meals on Wheels Another uses 2,000 square feet and some of the space is used by the Haywood County Board of Education.

Day of Prayer Proclamation

David Cotton, County Manager, explained that a request to declare the first Thursday in May, 2008, as a “Day of Prayer in Haywood County”. Mr. Cotton read from the proclamation.

Commissioner Enloe made a motion to adopt the proclamation as presented. Commissioner Upton seconded and the motion carried unanimously.

Commissioner Enloe made a motion to adopt the proclamation as presented. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

Hospital Authority Board of Commissioner Applicants

Chairman Ammons confirmed that there are thirty-seven applicants who will be interviewed by the Haywood Board of County Commissioners. In an effort to have some consistency Commissioner Enloe and Commissioner Upton prepared questions which would be asked during the interview of the applicant. After discussion the Board determined to have these questions included in a letter to the all applicants who will be interviewed. The letter is to include a statement explaining that as a beginning point for the interview, these are questions that the applicant may answer and bring with them. Commissioner Enloe stated that the appointment of board members is the only oversight that the Board of County Commissioners has over the Hospital Authority Board of Commissioners. The questions are:

Do you have the time which will be required of the hospital authority board during the next three critical years? What other things do you have to devote your time and are you willing to attend training? Other than training, what are you willing to do in order to educate yourself further?

What specific qualifications would you bring to the hospital authority board and what might set you apart from other applicants?

What do you think the search committee should be looking for in a new hospital administrator?

Would you be willing to support the rewriting of the hospital board’s by-laws to insure that they permit the board’s freedom to conduct business while adhering to State statutes?

The Chief Executive Officer of the hospital brings you a glowing report on how well the hospital is working. You are the only board member who disagrees with this report. How would you handle this situation?

Closing Comments

David Cotton, County Manager, stated that there is a new one-stop voting location that is been held at the Administrative Offices, 81 Elmwood Way, Waynesville. Mr. Cotton inquired if the Board would like to have a survey presented to the voters as a way of collecting their feedback on that new location. Some of the questions could include the concern for adequate parking, privacy issues when voting, and the access for the handicapped. The Board expressed approval of the survey. Mr. Cotton confirmed that he would move forward with this survey.

Commissioner Upton announced that an evening honoring Corporal Brookshire will be held at Pisgah High School, Monday, April 28th, at 6:30 pm.

Commissioner Enloe announced that Haywood County’s Bicentennial Proclamation will be read on the House floor on May 21st, 2008. Commissioner Enloe stated that she will be attending and invited everyone to join her in Raleigh for the reading of this proclamation.


Commissioner Curtis made a motion to adjourn the meeting. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously. The time of adjournment was 7:20 pm. The DVD is attached by reference to the minutes.

 David B. Cotton                                                            Larry R. Ammons 

CLERK                                                                        CHAIRMAN