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BOCC Meeting 06-16-08 Print
Board of Commissioners - Minutes

HAYWOOD COUNTY COMMISSIONERS
REGULAR MEETING – June 16, 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 Finance Director Julie Davis.


Pledge of Allegiance
Chairman Ammons led the Pledge of Allegiance.

Chairman Ammons offered the invocation.

Public Hearing

Revised Animal Control Ordinance
Chairman Ammons opened the public hearing for the proposed revisions to the animal control ordinance. Jean Hazzard, Haywood Animal Control Director, presented the proposed revisions to the Haywood County Animal Control ordinance. At the regular Board meeting, May 5th, 2008, Ms. Hazzard presented a request for the public hearing. Since that meeting, some additional changes have been proposed by Carmine Rocco, Health Director. Ms. Hazzard reviewed those proposed additions.

In the Animal Control ordinance, under 91.27, “Unlawful killing, releasing, and the like of certain animals”, Ms. Hazzard requested clarification regarding dangerous animals. County Attorney Killian advised that the distinction should be to include “… unless the animal would meet the description of a potentially dangerous animal. “ Ms. Hazzard stated that many animals are quarantined because the bite was truly an accident and there is nothing potentially dangerous about the animal. Another draft of the ordinance would be necessary to reflect this proposed change. Also under 91.27, “…destruction for having bitten a human, or to remove the animal from the county…” Ms. Hazzard stated that this statement would be rewritten to read, “…from Haywood County”.

Add section 9.129 to include local guidance and state law.

Under section 91.23, subsection “e”, it presently reads, “…in the absence of other local guidance regarding rabies, North Carolina State laws will prevail.” To emphasize this statement, it would be added to section 9.129 and deleted from subsection “f”.

Under section 91.23, subsection “a”, “…shall be promptly reported to Animal Control Officer”, add “… and Health Director”.

Under section 91.23, subsection “c”, “…in the case of stray dogs or cats whose ownership is not known, the dogs or cats may be euthanized”, add “…upon consultation with the local Health Director”.

Chairman Ammons inquired as to clarification on page 21, “Prohibitions against giveaways”. Ms. Hazzard explained that many veteranarians have expressed concern for those who have accepted an animal without any background information. Often dogs or cats that have been given away at area parking lots such as Wal-Mart, have no history with any veterinarian. Some of the animals that are not claimed are abandoned in the parking lots. Individuals who attempt to find homes for these animals must be held accountable for them, as well. Ms. Hazzard confirmed that the proposed Animal Control ordinance has been made available for review in the County Manager’s office, the Haywood Animal Control office, and posted on the Haywood County website at www.haywoodnc.net.

Commissioner Upton inquired as to clarification on page 29, “…animal creating a public nuisance…” Ms. Hazzard explained that when the Animal Control Office is contacted about a barking dog, the Animal Control Officer will go to the location to evaluate the care of the dog. If the dog is properly cared for and has been currently vaccinated against rabies, the situation does not violate the animal control ordinance. This type of situation falls under the “Noise Ordinance”. The Sheriff’s Office and the local police department make a determination of a “nuisance”.

Commissioner Curtis asked how much the proposed changes to the Animal Control ordinance would improve the ability for the Animal Control Officers to work with animals. Ms. Hazzard answered, “Substantially”. Changes have not been made to the Animal Control ordinance in thirteen years. The proposed changes detail the proper manner of keeping animals.

Penny Wallace approached the Board. Ms. Wallace expressed her support for the revised animal control ordinance. The ordinance includes an expanded animal cruelty section which should increase the community’s understanding of cruelty to animals and aid the animal control officers in completing their tasks. Ms. Wallace stated that the animal community requested more revisions to the ordinance, but encouraged the Board to accept the revised ordinance.

Wallace Messer approached the Board. Mr. Messer expressed concern for a section of the revised ordinance which does not allow the selling of an animal in a public place. Chairman Ammons stated that more time is needed to accurately review the proposed ordinance. This item will be added to the agenda for the next regular Board meeting, July 7th, 2008. Chairman Ammons stated that Mr. Messer’s input is important and if Mr. Messer, or a representative, was unable to attend the next meeting the agenda item could be postponed.

Cherie Lamb, Junaluska Animal Hospital, approached the Board. Ms. Lamb expressed concern for animal owners who cannot financially care for their animals. Ms. Lamb encouraged stricter spay and neuter laws to control the population of unwanted pets.

Karen Owens, representing Save the Animal Rescue, (S.T.A.R.) approached the Board. Ms. Owens presented an update regarding the hoofed animal hotline. Many horses have been rescued as a result of the hotline. Ms. Owens stated that the hotline telephone number needs to be more available to citizens. Chairman Ammons requested that David Cotton, County Manager, have the hotline number published.

Mr. Smith approached the Board. Mr. Smith requested that more time be given to citizens prior to passing the revised ordinance. Chairman Ammons stressed the importance of passing an ordinance that will benefit everyone. Chairman Ammons advised that the coon hunters and / or bear hunters could contact him and arrange a meeting in order to discuss the proposed revisions.

Christy McLean, Animal Hospital of Waynesville, expressed the importance of educating animal owners. Spay and neutering animals would alleviate most existing problems with animals.

Being no other comment, Chairman Ammons closed the public hearing.  

Haywood Regional Medical Center (HRMC) Update

Al Byers, Interim Chief Executive Officer (CEO) of HRMC, approached the Board. Mr. Byers explained that at the last regular Board of County Commissioners’ meeting, June 2nd, 2008, the Board approved a resolution of appreciation for WestCare Health System and Mission Health and Hospitals. Mr. Byers reported that copies of the resolution were delivered to WestCare Health System and Mission Health and Hospitals. Chairman Ammons stated that his doctor, Dr. Thomas Ward, made the suggestion to sign a resolution of appreciation.

Mr. Byers stated that new members of the Hospital Authority Board of Commissioners  received orientation at the recent hospital meeting. HRMC has received their provider number enabling the hospital to begin billing. The provider number was issued retroactive to June 6, 2008.

Mr. Byers explained that HRMC will continue to adhere to their patient / nurse ratio. Eight new nurses have recently been hired. An interview committee comprised of two doctors, a board member, a nurse, and Mr. Byers will interview two applicants for the position of Vice-President of Nursing. Also, a recruiter has been hired. The recruiter will help recruit new employees, particularly nurses, to HRMC. The search for a CEO continues. The Future Directions Committee is scheduling meetings with perspective affiliates.  

Mr. Byers reported that at the end of May, HRMC had $13,500,000. The estimated needs for June payroll was $2.2 million, $2.5 million for July payroll, and $750,000 going to payables. The debt is $5.5 million. At the end of July, it is projected that HRMC will have $2.5 million remaining.

Commissioner Enloe confirmed that the Board of County Commissioners does not have the statutory authority to require Mr. Byers to attend the meetings and report on the hospital. Commissioner Enloe expressed appreciation to Mr. Byers for attending the Board meetings. Commissioner Upton shared that recently his daughter-in-law was admitted to the hospital. Within twenty minutes of arriving at HRMC she had a room, the nursing and the doctor care was excellent.

Chairman Ammons encouraged Mr. Byers to continue reporting on the hospital. He stated that Mr. Byers has kept the community informed through these updates.

Public Hearing

Solid Waste Ordinance – Proposed Revisions

Chairman Ammons opened the public hearing regarding the proposed revisions to the solid waste ordinance. David Francis, Tax Administrator, explained that at the last regular Board meeting, June 2nd, 2008, recommendations to change the solid waste ordinance to include business and commercial availability was presented. Campers and motels would pay a “per unit” charge as well. A broad range of fees was presented for consideration. Since that time, Chip Killian, County Attorney, advised that the availability fee should be the same across the board. Stephen King, Solid Waste Director, stated that many other counties have an availability fee for businesses. Commissioner Curtis suggested the Board hold a work session in order to discuss the proposed revisions. After discussion the Board agreed to hold a work session on July 8th, 2008 at 2:00 pm. In January 2008, an advisory committee was appointed by the Board of County Commissioners to review the solid waste ordinance. Commissioner Enloe inquired as to the members who served on the committee. Mr. Francis replied that the members were David Cotton, Commissioner Upton, Stephen King, Tax Assessor Judy Ballard, Planning Director Kris Boyd, and David Francis.

Chairman Ammons shared that the large businesses produce waste that must go into the landfill and the businesses should pay for this service. Some small businesses produce very little waste, and those small businesses should not have to pay the same amount. Chairman Ammons asked County Attorney Killian to explain the proposed flat rate fee for all businesses. County Attorney Killian stated that determining the size of a business in relationship to the fee is difficult to measure. Commissioner Curtis inquired as to the average tonnage that goes into the landfill. Mr. King answered that during the summer, the average per day is approximately 300 tons. In the winter the average per day is approximately 150 tons.  Beginning in July, the County must begin paying a solid waste disposal tax to the North Carolina Department of Revenue in accordance with Article 5G of Chapter 105, the North Carolina General Statute (NCGS). The solid waste disposal tax is an excise tax imposed on the disposal of municipal solid waste and construction and demolition debris in a permitted landfill. The rate is two dollars per ton of waste. Mr. King explained that the State plans to use the money to hire staff so that one individual will be in the county at all times.

Robert Arrington approached the Board. Mr. Arrington explained that he is in the construction business and hauls his waste to the landfill. Therefore, it is his understanding that since he pays a tipping fee, he would be exempt from the proposed availability fee.

Mary Etta Burr, Burr Studios, approached the Board. Ms. Burr explained that the Burr Studios does not have as much waste as a large business. She stated that it would be unfair to charge the Burr Studios the same availability fee as a large business. Ms. Burr shared that the many businesses on Main Street, Waynesville, recycle.

Margaret Osondu, Osondu Booksellers, approached the Board. Ms. Osondu stated that requiring small businesses to pay the same availability fee as large businesses is unfair.

Jonnie Cure, Southern Exposure Reality, approached the Board. Ms. Cure stated that voters need to carefully consider who they are sending to Raleigh. Ms. Cure also encouraged the Board of County Commissioners to not lose site over the fact that the money belongs to the citizens of Haywood County, not the Commissioners. Ms. Cure stated that it is the duty of the citizens to hold the Commissioners responsible for where their money is taken, why, how and where it is spent. Ms. Cure inquired as to the budget to hire more government employees, and purchase more trucks, cars and equipment.  Ms. Cure asked as to the last time a government employee was laid off work or the last time there was a hiring freeze in the government. Ms. Cure stated that private enterprise would most likely be more efficient with handling the disposal of solid waste.

Chairman Ammons encouraged Ms. Cure to remain for the public hearing on the fiscal year 2008 - 2009 budget. Chairman Ammons explained that presently the County has a hiring freeze. The budget indicates the number of automobiles being purchased, new and used ones. Ms. Cure asked to be notified as to the date of the work session.

Chuck Worrell, High Country Furniture, stressed the importance to help small businesses by not increasing fees. Mr. Worrell expressed that paying the fees according to the amount of usage would be fair.

Recess

Chairman Ammons called for a brief recess.

Upon returning from recess Roy Gass, Mast General Store, approached the Board. Mr. Gass explained that the Mast General Store recycles and encouraged recycling projects. Mr. Gass expressed that the proposed fee should be set according to the amount of waste a business produces.

Bill Reck, WPTL, approached the Board. Mr. Reck explained that the radio station generates two small trash bags per week. Newspapers are recycled. Mr. Reck encouraged the Commissioners to consider what a small business is.

Mike Nelson approached the Board. Mr. Nelson stated that he owns a hotel in Maggie Valley. Mr. Nelson reviewed the proposed revisions and stated that the public needs to be informed as to the work session so they may attend.

Vice-Chairman Kirkpatrick stated that calculating waste individual businesses generate would require weighing each bag at the landfill as well as the convenience centers. Some would find this practice inconvenient. Vice-Chairman Kirkpatrick expressed concern that trash might be disposed of improperly due to failure to pay at the convenience center. Private enterprise could handle solid waste for a profit. Whereas, the County does not make a profit.  Determining the amount businesses pay for disposal of waste may not be fair.

Commissioner Upton stated that the committee which met to revise the solid waste ordinance considered several methods to fairly charge businesses for the disposal of solid waste.

Commissioner Curtis stated that the proposed fees will certainly not please everyone, but the Board will discuss the issue at the work session and consider fairness in the fees.

Chairman Ammons inquired if anyone else would like to speak regarding the proposed revisions to the solid waste ordinance. Being no other comment Chairman Ammons closed the public hearing. After discussion the Board scheduled a work session for July 8th, at 2:00 p.m. at the Administration Offices, 81 Elmwood Way, Waynesville, for the purpose of discussing the proposed revisions to the solid waste ordinance, office space, and planning issues. Commissioner Enloe announced that the Bicentennial committee meeting will be held at the same location at 1:00 pm.

¼ Cent County Sales and Use Tax Resolution
David Cotton, County Manager, clarified that the ¼ cent county sales and use tax is actually for ¼ of one penny, not twenty-five cents. Mr. Cotton announced that the sales tax referendum passed fifty-six point seven (56.7) percent, to forty-three point three (43.3) percent. Since the sales tax referendum passed, and in order to levy the tax by October 1st, 2008, the Board of County Commissioners are to consider adoption of a resolution levying an additional ¼ cent sales and use tax after a public hearing on the subject is held. Chairman Ammons opened the public hearing.

Jonnie Cure, Southern Exposure Reality, approached the Board. Ms. Cure inquired as to the total number of citizens who voted. Mr. Cotton answered that those numbers are available in his office.

Being no other comment, Chairman Ammons closed the public hearing.  

At the next regular board meeting scheduled for July 7th, 2008, the Board could approve and adopt the resolution.

Fiscal Year 2008 - 2009 Budget

At the last regular Board meeting, June 2nd, 2008, David Cotton, County Manager, presented the proposed budget for fiscal year (FY) 2008–2009 for Haywood County. Mr. Cotton stated that ad valorem taxes make up 49.6% of revenues with local options sales tax making up 17.6%, human services and education comprise over 50% of the total budgeted expenditures. Most of these dollars are mandated. The original expenditure request was more than $82 million with estimated revenues slightly more than $65 million. The revised recommendation is just over $70 million. Mr. Cotton has recommended implementing a hiring freeze until further notice. Due to rising fuel costs, the County estimates spending approximately $1 million in fuel to maintain the current fleet. The County’s replacement plan includes no new vehicles. Because the dental clinic is self-sustaining, an office manager for the dental clinic has been recommended. This is the only full time position being recommended for the FY 0809 year.  Mr. Cotton stated that he recommends that Haywood County Schools receive their full funding requests for current expense and capital and Haywood Community College receive a 5.4% increase.

Chairman Ammons reiterated that because of the economy some needs of the County cannot be met. Commissioner Enloe shared that the budget has been provided to the Commissioners in a book, which is available for review at the County Manager’s office and at the local libraries.

Commissioner Upton expressed that the Commissioners outlined their objectives and priorities for this year. Even with a small budget, Mr. Cotton has met those priorities. Commissioner Upton commended Mr. Cotton for the excellent work done on the budget. Commissioner Enloe stated that Mr. Cotton and the staff have done an exemplary job during a difficult budget year. Commissioner Curtis expressed appreciation to the staff for all their diligent work in consideration of the budget. Vice-Chairman Kirkpatrick expressed appreciation to the staff as well.

Sam Smith, representing the Haywood County Agriculture and Activities Center at the fairgrounds, approached the Board. Mr. Smith expressed appreciation to the Board for its continuing support of the Agriculture and Activities Center. Mr. Smith updated the Commissioners with a variety of events taking place at the fairgrounds.

Jonnie Cure, Southern Exposure Reality, approached the Board. Ms. Cure inquired as to the date for the work session. Chairman Ammons confirmed that the work session is scheduled for July 8th, at 2:00 pm, at the Administration Offices. Ms. Cure confirmed that she would be attending the work session. Ms. Cure inquired if anyone represented a business on the committee to review the solid waste ordinance. Chairman Ammons explained that no business representative served on that committee. Ms. Cure asked the number of businesses in Haywood County. Mr. Cotton confirmed that the number of businesses in Haywood County is approximately 3,200.

Mr. Cotton stated that the Commissioners in their foresight and commitment to open government requested an at-large community member serve on the committee to review the solid waste ordinance. This opportunity was advertised in “The Mountaineer”, but no applications were received.

Being no other comment, Chairman Ammons closed the public hearing. Chairman Ammons announced that the Board of County Commissioners will hold a special meeting June 30th, at 5:00 pm, to adopt the budget.

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. Being none, Chairman Ammons closed the public comment session.

Constituent Concerns

Chairman Ammons inquired if the Board of County Commissioners had any constituent concerns. There were none.

Discussion / Adjustment / Approval of Consent Agenda

Chairman Ammons inquired if the Board members had any adjustments to be made to the agenda. Chairman Ammons added one item to be discussed, the public hearing regarding the fire districts, schedule for July 21st. Chairman Ammons explained that he anticipates there will be many who attend that public hearing. Chairman Ammons expressed his concern for accommodating those attending. After discussion the Board decided to hold the public hearing regarding the fire district, July 24th, 2008 at 7:00 p.m.

Consent Agenda

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

  • Approve Minutes of June 2nd, 2008 Regular Meetings. Commissioner Enloe requested under the item “Certifications of Appreciation – Memorial Day Parade,” to add “Mr. Putnam and Commissioner Enloe agree that there will be a Memorial Day Veteran’s Parade next year.” Also, under “North Carolina Association of County Commissioners Legislative Liaison Update”, LME’s should read “Local Management Entities” and there should be an explanation that LME’s include the Smoky Mountain Mental Health and disability drug dependence for the board comprised of the fifteen counties in the region.
  • Approval of the May 2008 Refunds, Releases, Discoveries and Amendments as presented by Judy Ballard, Tax Assessor.
 

Budget Amendments – Julie Davis, Finance Director

  • Special Revenue Fund – Road Service Districts - $7,050 – year end amendment for taxes collected – to increase the budget to reflect the additional amount of taxes anticipated to be collected through June 30, 2008. These must be paid to the relevant Road Service Districts.
  • Special Revenue Fund – Fire Districts - $252,500 – year end amendment for taxes collected – to increase the budget to reflect the additional amount of taxes collected through June 30, 2008. These must be paid to the relevant Fire Districts.
  • Special Revenue Fund – Sanitary Districts - $25,000 – year end amendment for taxes collected – to increase the budget to reflect the additional amount of taxes anticipated to be collected through June 30, 2008.  These must be paid to the relevant Sanitary Districts.
  • Special Revenue Fund – Crisis Assistance Housing Fund – Hazard Mitigation Grant Program no. 1 - $13,222 – transfer fund balance back to the General Fund for administrative expenses.
  • General Fund - $200,000 – payroll accrual and year end amendment for fuel for various department from non-departmental – To allocate the budget for the payroll accrual for FY08 and to allocate an amount for additional fuel costs over the original budgeted amount due to the price of gasoline and diesel.
  • Health Department – Dental Clinic - $9,050 – increased revenue for supplies – Additional fees collected in the Dental Program to be used to purchase supplies for the remainder of fiscal year.
  • Health Department – General Health - $365 – increased revenues for supplies.
  • General Fund - $130,000 – amendments to reflect a portion of the Medicaid Swap for sales tax and ADM funding – to change the school operating expense to the formula amount. To increase the ABC revenues to reflect actual amounts. To transfer the amount of the ADM loss per the Medicaid Swap formula. Balance to come from the article 39 sales tax and the Medicaid expense reduction.
  • General Fund – net $39,700 – year end miscellaneous additions due to fuel cost increase, overtime cost, etc. and contracted amounts from increased revenues and contingency.
  • General Fund - $1,119,635 – transfer to CP for property purchase in Jonathan Creek.
  • Capital Project Fund – Justice Center Project Closeout - $431,535 – transfer balance in project.
  • Capital Project Fund – Public Schools phase 2 GO bond projects - $50,000 - release of contingency for furniture and equipment increased costs over budget due to fuel, metal and plastics cost increases.
  • Sheriff’s Office - $13,500 – interview recording system with controlled substance tax money.
  • Social Services - $87,938 – Medicaid transportation and foster care.

Administrative / Agency Report

Appointments

Chairman Ammons announced that since he was defeated during the primary, and his term on the Department of Social Services (DSS) Board expires June 30th, 2008, Commissioner Curtis has agreed to serve on the DSS Board. Commissioner Curtis served on the Department of Transportation (DOT) Board, but Chairman Ammons will serve on the DOT Board.

Old Business

West Canton Water and Sewer Authority

Chip Killian, County Attorney, explained that the Board of County Commissioners passed a resolution to dissolve the West Canton Water and Sewer Authority, effective the end of this fiscal year 2008. County Attorney Killian presented an assignment, Exhibit A. Original Easement Agreement, which lists assets, various easements by book and page number that we had acquired for this project. County Attorney Killian also presented an assignment of easement agreement which is intended to cover anything that is not of record. These two documents must be approved when the West Canton Water and Sewer Authority is dissolved. After these have been signed, they will be recorded in the Register of Deeds office.

Vice-Chairman Kirkpatrick moved to adopt the assignment of easement agreement for all of the written and recordable easements that we have as West Canton Water and Sewer District to the Town of Canton as well as approve the assignment of rights and interest in and to unwritten unrecorded access permits and easements that the West Canton Water and Sewer District has and assigning those to the Town of Canton. Commissioner Enloe seconded and the motion carried unanimously.

Opposition to Senate Bill 1513 – Resolution

David Cotton, County Manager, explained that Senate Bill 1513, which was passed during the 2007 session of the General Assembly, allows counties the authority to participate in the financing of the secondary road system. The North Carolina Association of County Commissioners has officially voiced opposition to this cost shifting measure. If the burden to maintain and provide for the secondary road system were to shift to counties, the cost would equate to approximately five cents on the tax rate for Haywood County. The state is projecting approximately a $65 billion shortfall over the next twenty years in maintenance and paving needs. Mr. Cotton presented a resolution opposing Senate Bill 1513.

Commissioner Enloe made a motion to adopt the resolution. Vice-Chairman Kirkpatrick second and the motion carried unanimously.

State Foster Care Letter

Chairman Ammons explained that at the last regular Board meeting, June 2nd, 2008, the Board requested a letter be written expressing their concerns regarding the Department of Social Services’ regulation without a vote. The letter was to be sent to Senator Queen, Senator Snow, Representative Rapp, and Representative Haire. Mr. Cotton explained that at the administrative level within the Department of Health and Human Services, there has been a proposed cost shifting formula relative to foster care, which has the potential to significantly impact the County’s budget. The elected officials at the State level have not had an opportunity to weigh in on this subject. Mr. Cotton, presented the proposed letter.

Commissioner Enloe made a motion to adopt this letter. Commissioner Upton seconded and the motion carried unanimously.

Appointments – Library Board of Directors

Chairman Ammons announced that interviews for the Haywood Library Board of Directors were conducted. The Board of County Commissioners voted at this time. Mr. Cotton collected the ballots.

Appointments – Library Board of Directors

Mr. Cotton announced that Ms. Bette Sprecher received four votes for the Library Board of Directors and Mr. Arthur Swarthout received one vote.

New Business

Unique Management Services

Robert Busko, Library Director explained that the Haywood County Libraries have more than $139,000 in materials that have been checked out but not returned and $44,000 in fine that have not been collected. Mr. Busko presented a recommendation to contract with Unique Management Services, a collection company that specializes in working with libraries exclusively to assist in both recovering overdue materials and the collection of overdue fines. The Library Board of Directors has approved of this contract.

Vice-Chairman Kirkpatrick made a motion to approve that Mr. Busko have the ability to contract with Unique Management to attempt to recover fines and materials. Commissioner Upton seconded and the motion carried unanimously.

Lake Junaluska Assembly Request for Fireworks

David Cotton, County Manager presented a letter from Lake Junaluska Assembly requesting permission to hold a fireworks display in celebration of Independence Day, July 4th, 2008.

Vice-Chairman Kirkpatrick made a motion to approve allowing Southeastern Jurisdiction Administration Council to perform their fireworks display on July 4th of this year. Commissioner Enloe seconded and the motion carried unanimously.

Baptist Children’s Home Agreement

David Teague, Public Information  Officer, presented the annual agreement with Baptist Children’s Home to operate the county-owned Haywood County Mountain Home, and the statistical report for 2007. Mr. Teague announced that November 2008, will be the tenth year that Haywood County has operated Haywood County Mountain Home. Commissioner Enloe requested a report which indicates the original projection of the Haywood County Mountain Home in comparison to the program today.

Commissioner Upton made a motion to authorize this contract for the upcoming year and authorize the execution on behalf of the County. Commissioner Enloe seconded. Vice-Chairman Kirkpatrick requested a breakdown to the salaries of those employed at Haywood County Mountain Home. The motion carried unanimously.

Hiring Freeze

Chairman Ammons announced that David Cotton has put in place a hiring freeze as agreed upon by the Board. Chairman Ammons called for a motion to ratify the action of the County Manager in applying the hiring freeze at the time that he did.

Vice-Chairman Kirkpatrick made a motion to ratify David Cotton’s action in instituting a hiring freeze at the time of the last work session. Commissioner Upton seconded and the motion carried unanimously.

CLOSED SESSION

Vice-Chairman Kirkpatrick made a motion to enter into closed session for the purpose of Personnel – G.S. §143-318.11(a)(6) and for the purpose of Potential Litigation – G.S. §143-318.11(a)(3). Commissioner Upton seconded and the motion carried unanimously.

Return from Closed Session

The Board returned from closed session. Commissioner Curtis made a motion for the April 7th, 2008, closed session to be approved and released. Commissioner Enloe seconded and the motion carried unanimously.

ADJOURNMENT

Vice-Chairman Kirkpatrick made a motion to adjourn the five hour meeting. Commissioner Enloe seconded and the motion carried unanimously. The time of adjournment was 9:55 pm. The DVD is attached by reference to the minutes.

                                                                                                                                        David B. Cotton                                                   Larry Ammons
CLERK                                                                CHAIRMAN