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

REGULAR MEETING – August 4, 2008

CALL TO ORDERChairman Larry R. Ammons convened the regular meeting of the Haywood County Board of Commissioners at 9:00 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, Finance Director Julie Davis, and Administrative Assistant Rebecca Morgan. Pledge of Allegiance

Chairman Ammons led the Pledge of Allegiance.
Commissioner Enloe offered the invocation. CALL TO PUBLIC HEARINGAmendments to Subdivision and Pre-Development Ordinance Kris Boyd, Planning Director, explained that the Planning Board has been reviewing the Subdivision and Pre-Development Ordinance that was adopted in 2003. In order to be consistent with the recently adopted Slope Ordinance, the Planning Board is presenting proposed changes to the Subdivision and Pre-Development Ordinance. Mr. Boyd requested a public hearing on August 18th, 2008, for the proposed amendments to the Subdivision and Pre-Development Ordinance. After discussion the Board agreed to hold a public hearing at the next regular Board meeting on August 18th, 2008.Commissioner Enloe inquired as to the environmental impact study and if Haywood County was in need of such a study. Mr. Boyd replied that the comparison and evaluation should be complete by the end of the week and a report will be presented to the Board.

Community Development Block Grant (CDBG) Scattered Site Grant

Tony Sexton, Hurricane Recovery Director, explained that the County is applying for a $400,000 CDBG for funds to repair homes for low-income families in Haywood County. The grant requires two public hearings. Mr. Sexton requested a public hearing for August 18th, and September 22nd, 2008.  After discussion the Board agreed to hold public hearings on August 18th, and September 22nd, 2008. Haywood Regional Medical Center (HRMC) Update

Al Byers, Interim Chief Executive Officer (CEO) of HRMC, approached the Board. Mr. Byers reported that Medicare has begun payment to HRMC. The platform is a mechanism which allows the hospital to preview payments due to HRMC in the coming weeks. Mr. Byers explained that by the end of October 2008, the hospital is expected to have approximately $2.5 million in cash flow. Mr. Byers stated that the search for a CEO has been narrowed down to two candidates, who will be interviewed at HRMC and the vacancy for the Chief Nurse position has been narrowed down to four finalists. . Mr. Byers presented the Board with brochures from the Community Relations Council and explained that the publication is being distributed for discussion purposes. Commissioner Enloe inquired as to the next Hospital Authority Board of Commissioners’ meeting. Mr. Byers stated that the meeting will be held on the fourth Monday in August. Commissioner Enloe requested that an e-mail be sent to her announcing the date and time of all future meetings. Commissioner Upton expressed his appreciation for Mr. Byers and all the hospital staff for the work done at the hospital. Commissioner Upton suggested receiving a list of all the newly hired hospital staff members. Commissioner Curtis confirmed that the hospital had $16 million in June 2008. In October, the hospital is projected as having slightly more than $2 million. Mr. Byers explained that the hospital had accounts payable and kept employees working during the four months without Medicare and Medicaid reimbursement.

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. Doug Varrieur approached the Board. Mr. Varrier explained that Kathy Hoglen, with Haywood County Addressing, would be presenting a name change of a road and a portion of another road in Waynesville.  Mr. Varrier submitted some drawings of the roads regarding this issue.Being no other comments Chairman Ammons closed the public comment session.

Constituent Concerns

Chairman Ammons inquired if the Board of County Commissioners had any constituent concerns. Commissioner Curtis expressed his concern for the dirt that is being moved at the Beaverdam Industrial Park site and the importance of complying with county ordinances during the process. Commissioner Curtis stated that he received a telephone call inquiring as to the reason staff from the Tax Administration office visited the office of an attorney and took photographs. David Francis, Tax Administrator, approached the Board. Mr. Francis explained that as part of the business audits that were approved in 2002, each business type is randomly audited. Mr. Francis explained that photographs were taken as part of the audit process for verification purposes. Commissioner Enloe suggested that the Economic Development Commission (EDC) leave as many trees as possible at the site of the Beaverdam Industrial Park. Commissioner Curtis confirmed that the EDC is addressing issues such as the trees at the Beverdam Industrial Park.Discussion / Adjustment / Approval of Consent AgendaChairman Ammons inquired if the Board members had any adjustments to be made to the agenda. There were no adjustments.Consent AgendaCommissioner Enloe made a motion to approve the consent agenda as presented. Commissioner Upton seconded and the motion carried unanimously.
  • Approve Minutes of July 21st, 2008 Regular Meeting
Petition to Change Name of Road and Rename a Portion of a Road

Kathy Hoglen, with Haywood County Addressing, presented a request to change the name of "Roys Place" to "Towne Place", in Clyde, and a request to rename a portion of "Lucy Lane" to "Varrieur Branch Road" in Waynesville. Ms. Hoglen requested a public hearing on August 18th, 2008. Doug Varrieur approached the Board. Mr. Varrieur explained that the road was originally named after Mr. and Mrs. Park’s daughter, Lucy. All the property in that area is owned by Mr. Varrieur. Mr. and Mrs. Park have a right-of-way through the property. The right-of-way is named “Lucy Lane”.


Carmine Rocco, Health Director, presented a proposed contract between Haywood County Schools and Haywood County Health Department for health services which are provided during the school year by nine school health nurses. A report for those services is presented annually to the school Principals, School Superintendent, and Board of Health. The Health Department provides health services to children in Haywood County elementary and high schools during the school year. The cost is $500,000 annually. The State mandates that schools provide school health nursing services. The school system appropriates $100,575 (amount to provide nursing services stated in the agreement), the State appropriates $100,000, and the County provides the remainder annually. It is optional for the Health Department to provide service.Mr. Rocco also presented a contract for Computer Software and Hardware Maintenance and Support Agreement and requested approval of an agreement between the Health Department and Mitchell and McCormick, Inc. for computer software and hardware maintenance and support. The cost is $38,800 annually.Reimbursement Resolution for Haywood Community College – $2.6 million loan

Julie Davis, Finance Director presented a resolution declaring the intent of the County to reimburse itself for capital expenditures incurred in connection with the acquisition, construction, equipping and furnishing of facilities at Haywood Community College from the proceeds of certain tax-exempt obligations to be executed and delivered during calendar year 2009.

Budget Amendments – Julie Davis, Finance Director
  • CJPP – Technical Assistance - $4,000 – additional FY07-08 allocation - To appropriate funding for additional reallocated funds for the Criminal Justice Partnership Program, to continue the Substance Abuse Treatment services.
  • Fy08-09 Emergency Management - $8,490 – National Incident Management System Training Classes Grant - To appropriate the funds for Emergency Management for hosting of National Incident Management System for training classes.
  •  Fy08-09 Emergency Management - $7,594 – Emergency Management certification grant - To appropriate the funds for Emergency Management for NCEMA / NCEM certification classes.
AGENCY REPORTSFamily Systems Support Services

Tony Beaman, Department of Social Services (DSS) Director, explained that in November 2007, Haywood County DSS implemented a program for child abuse prevention. Donna Lupton, Social Work Program Administrator, highlighted the key elements of the program through a PowerPoint Presentation. Ms. Lupton explained that previously the family system support services program was known as Work First. Through the new program, complete family assessments for all applying for assistance are given to applicants. The assessment helps to identify child abuse, the potential of child abuse, and it helps to identify the services that best fit the need of the applicant. Vice-Chairman Kirkpatrick inquired if DSS held exit interviews for those in foster care. Mr. Beaman replied that exit interviews are conducted. Vice-Chairman Kirkpatrick requested that a copy of those exit interviews be given to David Cotton, County Manager. Mr. Beaman confirmed that the general reasons for an applicant leaving a program would be submitted to Mr. Cotton.

Environmental Health – Steve Valentine, Environmental Health Supervisor  Steve Valentine, Environmental Health Supervisor II, presented a report dated January 1st, 2008 – June 30th, 2008, with an update on the well program, food and lodging programs, and on-site indicators. Mr. Valentine explained that on January 1st, 2008, a new local well program was implemented in response to an unfunded mandate from the State. By implementing the program early, this allowed Haywood County to receive startup money from the State. The money was used to hire two new employees and purchase a vehicle for the well program. Mr. Valentine reported that for the period of January 1st, to July 1st, 2008, there have been 172 well permits issued. Commissioner Curtis clarified that the well program is not connected with the Governor’s drought program. The well program is mandated by the State. Mr. Valentine explained that samples of the wells are conducted and results are given to the owner of the well. Old Business2009 Wildlife Weekend Show During the last regular Board meeting, July 21st, 2008, Mark Rogers, Western North Carolina Sportsman’s Club Treasurer, presented a request for a waiver of the Firearms Ordinance, in order to display and sell good, used firearms during the 2009 Wildlife Weekend show. David Cotton, County Manager, stated that he would review the Firearms Ordinance. Mr. Cotton confirmed that after reviewing the ordinance and speaking to Sheriff Alexander, there are no specific prohibitions for the selling of good, used weapons. Vice-Chairman Kirkpatrick suggested that the selling of these used weapons comply with the requirements for the selling of new weapons. Mr. Rogers confirmed that the same stipulations would be followed. Vice-Chairman Kirkpatrick made a motion to grant the waiver. Commissioner Upton seconded and the motion carried unanimously.Good Samaritan Clinic Lease Agreement Leon M. “Chip” Killian III, County Attorney, presented a request to amend a lease agreement between the County and the Good Samaritan Clinic. This amendment would allow the Good Samaritan Clinic to continue to use the space at Annex III, which PSC MedSupply had been leasing. During the last regular Board meeting, July 21st, 2008, County Attorney Killian advised that he would make an amendment to the lease agreement and present it for consideration at the next regular Board meeting, August 4th, 2008.Commissioner Curtis made a motion to adopt this amendment to the lease agreement with Good Samaritan Clinic. Commissioner Enloe seconded and the motion carried unanimously.Solid Waste Ordinance Proposed RevisionsDavid Francis, Tax Administrator and Stephen King, Solid Waste Director, presented proposed amendments to the Solid Waste Ordinance. During the last regular Board meeting, July 21st, 2008, Mr. Francis explained that as of July 1st, 2008, the State imposed an excise tax for two dollars per ton for waste. Within the current year there is a need to expand the White Oak Landfill at a cost of $4.2 million and the conversion of the material recovery facility at $3.8 million. Proposed options have been considered for business availability fees. Mr. Francis explained that a committee will meet on an as-needed basis to allow for an appeals process. Commissioner Curtis inquired as to the fee of $38 per ton for the disposal of dead animals and asked if the County Animal Shelter pays $38 per ton. Mr. King confirmed that the County Animal Shelter pays the fee for the disposal of dead animals. Commissioner Upton made a motion to adopt the fee schedule as presented and the ordinance revisions. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.New BusinessAbandonment Petition State Road 1649

Matthew Williams, Division 14 Assistant Bridge Maintenance Engineer, Ben Williams, Haywood County Maintenance Engineer, and Jonathan Woodard, District Engineer, approached the Board. Mr. Woodard explained that the North Carolina Department of Transportation (NCDOT) is proposing to abandon a portion of Golf Course Road, State Road (SR) 1649; at the intersection of NC 209, to the Junction of Iron Tree Road including Haywood County Bridge #416. The section of roadway and bridge being submitted have been closed to traffic since September of 2004 due to flood damage sustained during Hurricane Ivan rendering it unsafe for public travel. The NCDOT has determined there is no longer a reasonable transportation need for this section of roadway and would like it removed from the system. A resolution requesting abandonment is required. Commissioner Enloe confirmed that the NCDOT has determined there is no longer a reasonable transportation need for the bridge. Chairman Ammons requested that David Cotton, County Manager, prepare a resolution for abandonment of the bridge and present the resolution at the next regular Board meeting, August 18th, 2008. Commissioner Curtis inquired if the DOT would remove the bridge. Mr. Woodard confirmed that the bridge would be demolished. Chairman Ammons asked if the steel could be sold. Mr. Williams stated that the bridge is likely coated with red lead.

RecessChairman Ammons called for a brief recess.Land of Sky Council of Government Rural Transportation Memorandum of Understanding, (MOU) Proposed Revisions Upon returning from recess, Carrie Runser-Turner, Regional Planner, approached the Board. Mr. Runser-Turner explained that the Land-of-Sky Regional Council, presented a MOU, for the cooperative, comprehensive and continuation of transportation planning and the establishment of a rural transportation planning organization for the County of Buncombe and the participating municipalities therein; the County of Haywood and the participating municipalities therein; the County of Madison and the participating municipalities therein; the County of Transylvania and the participating municipalities therein; and the North Carolina Department of Transportation (NCDOT), which created the Land-of-Sky Rural Transportation Planning Organization, (RPO). The relationship between the local governments and the state is formalized through a MOU. The NCDOT requests a revised MOU so that they are in full compliance with the open meetings law. The original MOU for the Land-of-Sky Regional Council was signed in 2003. Ms. Runser-Turner reviewed some of the changes to the MOU. Chairman Ammons made a motion to adopt the MOU and authorize the execution of this MOU. Commissioner Enloe seconded and the motion carried unanimously.Board of Commissioners – Committee and Board Attendance Chairman Ammons requested a report on the attendance of all Board and Committee members interviewed or serving on Boards established by and appointed by the County Commissioners. David Cotton, County Manager, confirmed that the report would be prepared for the next regular Commissioners’ meeting, to be held August 18th, 2008. This report will be for the one year period, July 1st, 2007 to June 30th,2008. The report should include the name, board and committee, the number of meetings held, and the number of meetings attended. Chairman Ammons stated that the citizens want more oversight of these boards and committees after seeing some of them fail to function properly. Chairman Ammons stated that the first step in a successful board or committee is training. The next step is to monitor their attendance and be sure they are functioning. This lets our boards and committees know we expect them to do the job they are designed to do.CLOSED SESSIONCommissioner Curtis made a motion to enter into closed session for the purpose of Approval and / or Release of Minutes – G.S. 143-318.11(a)(1) and Potential Litigation – G.S. §143-318.11.(a)(3) related to contractual issues associated with the historic courthouse. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.Return from Closed SessionThe Board returned from closed session. Commissioner Enloe made a motion to approve the minutes of the closed session meetings of June 16th, June 30th, July 7th, and July 21st, 2008, with changes that were made to those minutes, but not release them at this time. Commissioner Upton seconded and the motion carried unanimously.Vice-Chairman Kirkpatrick made a motion to approve a Takeover Agreement between Haywood County and Fidelity and Deposit Company of Maryland, the Surety subject to the changes discussed in Closed Session. Commissioner Upton seconded. County Attorney Killian suggested that the motion be expanded slightly to include authorization that it be signed by Chairman Ammons subject to the Surety’s acceptance of the term changes. Vice-Chairman Kirkpatrick amended his motion to include the signature authorization per County Attorney Killian’s recommendation. Commissioner Upton seconded the amended motion. Commissioner Enloe stated that the Surety is insisting on using the contractor that the County fired, and therefore, will vote against the motion as a matter of principle. Commissioner Curtis stated that he will vote in favor of the motion in order to move forward with the renovation project. Commissioner Curtis stated that KMD Construction will have nothing indicating that they are on the premises, and KMD Construction will be supervised by the Surety group. If the Takeover Agreement is not approved, the County will be exposed to additional costs in order to complete the project, and the County would have to go through the bid process again. Commissioner Curtis stated that he is in favor of the Takeover Agreement because it is the most reasonable and most cost effective way to complete the renovation project to the historic courthouse. Outside inspectors will be on the site and the Surety has agreed to pay the fees for these inspectors. Commissioner Curtis stated that, in his opinion, a Takeover Agreement is the best option. Chairman Ammons stated that since last Fall, the Board of County Commissioners has kept an eye on the renovation project of the historic courthouse. Chairman Ammons commended David Cotton, County Manager, and Marty Stamey, Assistant County Manager, for keeping the Board informed regarding this project. Numerous closed session meetings have been held regarding this project and the Board has worked through several decisions. Chairman Ammons stated that he feels the Board has made the proper decision each time. Chairman Ammons stated that he believes the Takeover Agreement would be the proper decision because it limits the cost to the County and is the best way to finish the project in a timely fashion and maintain the quality we expect for the historic courthouse. Commissioner Upton explained that the main reason he supports the Takeover Agreement is because he cannot come up with a better way to resolve the renovation project, without costing long delays and more money. Commissioner Upton stated that he feels the Board is making the most of a difficult situation. Commissioner Curtis stated that this is a difficult issue to address and he understands and respects the decision of Commissioner Enloe. The motion carried four to one with Commissioner Enloe opposing.CLOSING COMMENTSCommissioner Enloe announced that as a Bicentennial event, Donald Davis, a storyteller, will be at the old Hazelwood School cafeteria, at 7:00 pm, August 9th, 2008. ADJOURNMENTCommissioner Upton made a motion to adjourn the meeting. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously. The time of adjournment was 11:55 am. The DVD is attached by reference to the minutes.  David B. Cotton                                                   Larry Ammons
CLERK                                                                CHAIRMAN