BOCC Minutes 08-18-08 Print
Board of Commissioners - Minutes

REGULAR MEETING – August 18, 2008


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.


Chairman Ammons led the Pledge of Allegiance.

Commissioner Upton offered the invocation.


Amendments to Subdivision and Pre-Development Ordinance
Chairman Ammons opened the public hearing for the proposed amendments to the Subdivision and Pre-Development ordinance. Kris Boyd, Planning Director, explained that the Planning Board had 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 proposing changes to the Subdivision and Pre-Development ordinance. Mr. Boyd clarified that there were two proposed primary amendments. The first proposed primary amendment is the relaxation of the road requirements of a driveway serving two lots or more. The Planning Board is proposing that a driveway have no width, grade, or turn around requirements if the driveway serves one or two residents. Currently the ordinance requires that if the driveway serves more than one resident it must have a maximum grade, minimum width and a turn around. The second proposed primary amendment is the request to increase the radius on a cul-de-sac by five feet. Currently the ordinance requires the radius of a cul-de-sac to be twenty-five feet. Large vehicles, such as an emergency services unit, have had problems turning around in a cul-de-sac. Other proposed amendments are to mirror language that was recently adopted in the Slope ordinance. To assure that Haywood County ordinances are conforming across the board, the Planning Board is requesting the exact language from the Slope ordinance. Chairman Ammons gave an opportunity for constituents to comment on the proposed amendments to the Subdivision and Pre-Development ordinance. Being no comment Chairman Ammons closed the public hearing. Commissioner Enloe explained that as per her request, she received from Mr. Boyd, a three page environmental impact study. Commissioner Enloe suggested reviewing the study at a future Board meeting.  CHAPTER 152A:  SUBDIVISION AND PRE-DEVELOPMENT is included by reference.  The document is available in the Clerk to the Board’s Office and on the County’s website www.haywoodnc.net.  

Community Development Block Grant (CDBG) Scattered Site Grant 

Chairman Ammons opened the public hearing for the CDBG. Tony Sexton, Hurricane Recovery Director, explained that the County is applying for a $400,000 CDBG. These funds will be used to repair homes for moderate to low-income families in Haywood County. The grant process requires two public hearings. Mr. Sexton requested a second public hearing for September 22nd, 2008. Cheryl Wilkins, from Mountain Projects, Inc. (MPI), approached the Board. Ms. Wilkins explained that eligible families for this project must own their homes and make less than fifty percent of the median income for the area. The homes must have three severe needs in order to qualify for the program.  The funds are loaned to the families with no interest deferred, forgivable loan, over a five to eight year period. A selection committee determines the homes to be rehabilitated or replaced. The selection committee will have a representative from Haywood County, the Towns of Canton, Waynesville, Clyde and Maggie Valley. Anyone interested in submitting a name to the selection committee should contact Mr. Sexton, 828-734-3283, or Ms. Wilkins, 828-452-1447. Chairman Ammons opened the public hearing to anyone who would like to comment. Being no comment, Chairman Ammons closed the public hearing.


Haywood County Transit Grant

Susan Anderson, Haywood Public Transit Director, approached the Board. Ms. Anderson explained that Haywood Public Transit, through Mountain Projects, Inc. (MPI),   received an unexpected call from the North Carolina Department of Transportation (NCDOT), for additional money that would help stretch funds to assist the elderly and handicapped citizens as well as possibly fund a position for Mobility Coordinator. With only a three day notice, Ms. Anderson was required to hold a public hearing. Chairman Ammons stated that most public hearings are held during the regular evening Board meetings. Because of the urgency of the request, Chairman Ammons asked if the Board members objected to scheduling the public hearing for the Haywood Public Transit for 9:00 am, September 8th, 2008. There were no objections. 


Al Byers, Interim Chief Executive Officer (CEO) of HRMC, reported that at the end of July, 2008, the average daily census at HRMC was forty-three. Currently the investments stand at $3.2 million. In July the total deposits were in excess of $4.1 million. HRMC has hired ten new department directors within a two month period. Mr. Byers shared that the Hospital Authority Board of Commissioners will be meeting Thursday, August 28th. Mr. Byers advised that he would remain working full time with HRMC until September 5th, 2008. Then he will work only two or three days per week. Commissioner Enloe inquired as to the emergency room quality assurance exit surveys. Mr. Byers explained that patients are encouraged to complete the survey, but to allow for certain feedback as to the care given by HRMC, a telephone call following up to fifty random patients is conducted. Commissioner Enloe requested information regarding the number of HRMC employees who are within ten years of retirement. Mr. Byers confirmed that he would have that information available within the week. 


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.

Sharon Miller approached the Board. Ms. Miller expressed her concerns for the construction taking place at the Beaverdam Industrial Park. Ms. Miller presented the Board members with a list of questions regarding plans for the Beaverdam Industrial Park and the effect construction will have on those living nearby. Ms. Miller was particularly concerned about water runoff due to inadequate barriers. Chairman Ammons explained that the Economic Development Commission (EDC), knows the specifics regarding barriers and construction plans. Chairman Ammons clarified that the EDC receives a portion of their budget from the County and hires its own Chief Executive Officer (CEO). The EDC is represented by each town, the Chamber of Commerce, Haywood Advancement Foundation, Employment Security Commissions and two County Commissioners. Chairman Ammons confirmed that Ms. Miller’s questions should be answered by the EDC in writing. Ms. Miller requested the answers to her questions be submitted prior to the cutting of trees in the park and prior to any burning.

Kathleen Scott expressed her concerns for possible drainage problems during construction at the Beaverdam Industrial Park. Ms. Scott stated that she and her husband reside at the bottom of the mountain from the Beaverdam Industrial Park. Last year, after a severe thunderstorm, Ms. Scott stated that she and her husband found rocks and mud from the mountain had accumulated near and around their house. There is another drainage located on the side of their property to alleviate some of the water runoff. Ms. Scott requested that the Board of County Commissioners review the runoff plans with Mark Clasby, EDC Director. Ms. Scott also stated that Mr. Clasby promised her a buffer after the Beaverdam Industrial Park project is completed. That buffer was to include trees, shrubs and grass. Ms. Scott stated that she reviewed the plans for the buffer and saw no trees or shrubs included in the plans. Chairman Ammons requested that Mark Shumpert, County Engineer, review the plans for the proposed buffer. Chairman Ammons announced the EDC meetings are open to the general public. Commissioner Curtis, who serves on the EDC, stated that the EDC meetings are held the third Thursday of each month, at 4:00 o’clock.

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


Chairman Ammons inquired if the Board of County Commissioners had any constituent concerns.

Vice-Chairman Kirkpatrick stated that he received several telephone calls from constituents regarding an odor in Canton due to the spread of manure. Vice-Chairman Kirkpatrick confirmed that there has been no violation in the Town of Canton regarding the odor.

Commissioner Enloe stated that the North Carolina Congressman expressed concern about the restrooms at Tuscola and Pisgah High School football stadiums. Chairman Ammons explained that the Haywood County School Board will review this issue. Commissioner Upton stated that keeping restrooms at the football stadiums clean is most difficult.


Chairman Ammons inquired if the Board members had any adjustments to be made to the agenda. There were no adjustments.


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

Approve Minutes of August 4th, 2008 Regular Meeting

July 2008 Refunds, Releases, Discoveries and Amendments – as presented by
David Francis, Tax Administrator - the July 2008 refunds, releases, discoveries and amendments.

Smart Start Contract – as presented by Carmine Rocco, Health Director - Region A Partnership for Children contract supporting one registered nurse Child Care Health Consultant. One registered nurse provides onsite consultation services for providers Haywood County childcare centers ensure safe and healthy environments for children from birth to five years of age. Focus is on development, disease prevention, health care needs of children with special needs and chronic health problems, sanitation, safety, the development of written health polices and educational needs and the development of training modules in response to specific issue identified with child care providers. Workshops and consultation offered on healthy nutrition, exercise, hand washing, safety in outdoor learning environments and effective communication with caregivers about health and safety. Vision, hearing and development screenings are provided to children who have no other access to these services.

Memorandum of Understanding (MOU) Between Haywood County and Haywood
Advancement Foundation (HAF)
as presented by Mark Clasby, Economic  Development Director – four percent simple interest, until the property is sold. Mr. Clasby explained that he did not know the exact date of appropriation and requested that David Cotton, County Manager, research the date and has the date included in the MOU.

Julie Davis, Finance Director, presented the Capital Project Ordinance Economic Development – land development at Beaverdam Industrial Park - $690,836, which is the total cost of the project - grading and development.

To appropriate the transfer from the capital reserve fund and to establish the budget for the new capital project.

 Mr. Clasby presented bids for the mass grading project at the Beaverdam Industrial Park. Mr. Clasby explained that there were twenty-two companies interested in the project, seventeen bids were submitted. Mr. Clasby stated that the lowest bid was received from Tennoca Construction. Vice-Chairman Kirkpatrick inquired if the County was obligated to accept the lowest bid. County Attorney Leon “Chip” Killian confirmed that the County was obligated to accept the lowest bid. The County could refuse to accept any of the bids and re-advertise. Commissioner Enloe stated that the County is required to show cause for not accepting the lowest bid. Mr. Clasby stated that he feels Tennoca Construction is qualified to capability to complete this project. Commissioner Curtis reviewed that the project would cost approximately $690,000. $421,935 is coming out of our capital side, leaving $268,065. The BOCC in 1999, committed to fund HAF $391,099. This money was not paid to HAF. The Dayco property, where the County contributed $650,000, HAF will receive the $650,000 less what the County owes, $391,000, leaving a shortfall of $133,901. HAF will loan the County $133,901.  
Budget Amendments – Julie Davis, Finance Director

  • Fiscal Year 2007 – 2008: General Fund – End of year amendments     
       To appropriate the additional revenue and related expenditures for certain     areas through June 30th, 2008. 


Tourism Development Authority (TDA) Update

Scotty Ellis, TDA Executive Director, explained that the compact disc (CD), which was submitted in the agenda packet for the Board members, included details of the update for the TDA. The new occupancy tax law became effective January 1st, 2008.  The occupancy tax collected in Haywood County is now four percent. Ms. Ellis stated that occupancy tax inserts were included in the property tax bills which were sent to property owners in Haywood County. All TDA Board members and subcommittee members are appointed by the Board of County Commissioners. Ms. Ellis shared some of the events that have taken place by the zip code areas. Canton’s 28716 zip code area used their one percent occupancy tax to fund the Lake Logan triathlon, the Mater Fest and the upcoming Corn Maze. Lake Junaluska’s  28745 zip code area used their one percent occupancy tax to fund a new festival called the Blue Ridge Story Fest. The Maggie Valley’s 28751 zip code area have some additional funding for their visitor’s center staffing. They have made elk brochures and have advertised in WNC Travel Guide. Waynesville’s 28785 and 28786 zip codes have used their one percent occupancy tax to fund sculptures, the drive in movies on the parking deck, and make brochures. The CD also includes the TDA meeting minutes through June 2008, the financials through May 2008, and the three percent and one percent funding guidelines. Ms. Ellis explained that the TDA completed a photo shoot using horses. The tagline for the flier is “Less Gas, More Horsepower”. Ms. Ellis presented the flier to the Board. Chairman Ammons stated that with the recent changes in the occupancy tax, changes may be necessary. Chairman Ammons encouraged Ms. Ellis to contact the Board of County Commissioners with concerns regarding these new changes. Commissioner Enloe stated her appreciation for the mentioning of the Corn Maze, owned and operated by Skipper Russell. This year the Corn Maze will include a bicentennial theme along with a ribbon for cancer.

Community Development Block Grant (CDBG) Demolition
 Tony Sexton, Hurricane Recovery Coordinator, presented a report on the demolition of abandoned homes with CDBG funds. Mr. Sexton stated that at the conclusion of Haywood County’s last scattered housing site grant approximately $24,000 remained. At the suggestion of the Board, the remaining money funded properties needing demolition. After a public notice, a selection committee reviewed the applicants and selected five properties to improve. Mr. Sexton presented “before” and “after” photos showing the properties.   

Solid Waste Availability Fee Proposed Revision

David Francis, Tax Administrator explained that at the last regular Board meeting, August 4th, 2008, revisions were approved for the business availability fee. As of July 1st, 2008, the State imposed an excise tax for two dollars per ton for waste. Mr. Francis explained that the appraisers have worked with the owners of storage units to review their proposed cost. Mr. Francis presented a proposal to revise the business availability fee for owners of storage units to be charged fifteen dollars per unit, not to exceed $780.

Commissioner Upton made a motion to adjust the fee structure by making this change and adding, “not to exceed a maximum of $780”. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

Board of Commissioners – Committee and Board Attendance
David Cotton, County Manager, presented a report on the attendance of all Board and Committee members interviewed or serving on Boards established by and appointed by the County Commissioners. This report is for the one year period, July 1st, 2007 to June 30th, 2008. Vice-Chairman Kirkpatrick suggested that information regarding attendance be provided to the Board when reappointments to boards are considered.


Chairman Ammons called for a brief recess.

Request Waiver of Tipping Fees

Upon returning from recess, Celesa Willett, Executive Director, United Way of Haywood County, announced that the “Day of Caring”, scheduled for August 27th, 2008, will allow citizens throughout the county to receive help to weatherize their homes and to rid themselves of debris. Ms. Willet reported that this year there are approximately forty projects. Ms. Willet requested a waiver of tipping fees for this day.

Commissioner Enloe made a motion to approve this request. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.
Certification Standards for 2008-2009 – Juvenile Crime Prevention Council (JCPC)

Torrie Murphy, JCPC Chair, explained that the certification standard for 2008-09 is an annual certification of our JCPC and action plan that requires Board approval.

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

Family Safety Challenge Awards Program

David Teague, Public Information Officer, requested an endorsement and cash donation from the Board to support the Family Safety Challenge Awards Program, an effort that stems from the new Fire Safety effort that Marty Stamey, Assistant County Manager, initiated. Mr. Teague explained that the Family Safety Challenge Awards Program is a challenge to all nine of the County’s elementary schools beginning as soon as possible. Mr. Teague stated that September is “Disaster Preparedness” month and October is “Fire Safety” month. The program includes having a committee form each elementary school to review ways to engage their students, school staff, the communities and their families, to increase preparation in the event of fire and other disasters. A panel of judges will review presentations from each school and determine which school has the best plan. A cash award would be presented to the winning school. 

Commissioner Enloe made a motion to endorse this project, appoint a representative and approve and allocate $500 to be used for this project. Commissioner Upton seconded and the motion carried unanimously.

After discussion the Board appointed Marty Stamey as the representative. 

Board Appointments

David Cotton, County Manager, explained that Clifford Sechser has served on the Haywood County Planning Board and his term has expired. Mr. Sechser has expressed his desire to be reappointed to the Planning Board. This vacancy was advertised.

Mr. Cotton stated that as Greenway Manager and Hurricane Recovery Coordinator, Tony Sexton served ex officio on the Greenway Advisory Council. Mr. Sexton has expressed his desire to serve the at-large position. This vacancy was advertised.
Commissioner Curtis made a motion to approve Clifford Sechser for the Planning Board and Tony Sexton for the Greenway Advisory Council. Commissioner Upton seconded and the motion carried unanimously.


Commissioner Upton 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 Session

The Board returned from closed session. No formal action was taken.


David Cotton, County Manager, stated that due to the Labor Day holiday, the next regular Board meetings will be held September 8th, 2008, at 9:00 am, and September 22nd, at 5:00 pm.

Chairman Ammons requested an update on the Haywood County Wellness Center. Mr. Cotton stated that the first two weeks of the center the numbers have exceeded expectation. There is a proposal for a medical receptionist in an effort to keep up with demand. The patient satisfaction surveys have all been positive, except for one comment regarding the length of time required at the center because six patients arrived at the clinic at the same time.

Chairman Ammons wished the Test Farm a happy birthday and congratulated Bill Teague, the Superintendent, and everyone who worked to make the 100th year anniversary such a successful celebration.

Commissioner Enloe shared that the test farm tied their 100th anniversary in with the County’s 200th anniversary.  Commissioner Enloe shared that the Smoky Mountain Folk Festival will include Senator Joe Sam Queen, August 29th and 30th, 2008.

Commissioner Upton stated that Canton’s Mater Fest was successful.


Commissioner Upton made a motion to adjourn the meeting. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously. The time of adjournment was 7:30 pm. The DVD is attached by reference to the minutes.


David B. Cotton       Larry Ammons             
CLERK                    CHAIRMAN