BOCC Meeting 10-20-08 Print
Board of Commissioners - Minutes

REGULAR MEETING – October 20, 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 Charles “Skeeter” Curtis, Mary Ann Enloe and Bill Upton present. Staff members present were County Manager David B. Cotton, County Attorney Leon M. “Chip” Killian, III, Finance Director Julie Davis, and Administrative Assistant Rebecca Morgan.


Chairman Ammons led the Pledge of Allegiance.

Chairman Kirkpatrick offered the invocation.


Mike Poore, Chief Executive Officer of HRMC, approached the Board. Mr. Poore shared that the required license for hospitals is given by the Joint Commission of Accreditation of hospital Organizations and perform full accreditation surveys. On Tuesday, October 7th, the Joint Commission gave HRMC a full accreditation. Mr. Poore explained that HRMC and WestCare have discussed negotiations with third parties regarding possible affiliation of the hospitals. A memorandum of understanding (MOU) will be considered at the next regular meeting of the Hospital Board of Commissioners. The MOU would be nonbinding and would be a joining of collaborative efforts with HRMC and WestCare in order to review healthcare. There will be three members from WestCare, three members from HRMC, two physician members, the CEO’s from each of the organization and one at-large member. Mr. Poore shared that the Behavioral Health Unit will open on October 29th.


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.

Ted Carr, Bethel Rural Community Organization, approached the Board. Mr. Carr explained that Bethel was the first community formed in Haywood County. Mr. Carr stated that the Cold Mountain Heritage tour has continued in Haywood County for four years. A book of local historical recordings has been completed. An autograph copy was presented to Commissioner Enloe, as Chairman of the Bicentennial Celebration.

Dr. R.T. Alexander, Jr., approached the Board. Dr. Alexander expressed his concern for the Cruso Volunteer Fire Department’s purchasing procedures and lack of controls of the handling of money. Attorney Killian explained that the County has an agreement with the volunteer fire departments. It is possible to amend the agreement and add safeguards in an effort to audit the finances of the fire departments. Commissioner Curtis suggested a meeting be held with County Attorney Killian, Julie Davis, Finance Officer, and David Cotton, County Manager, to determine possibilities to prevent the misuse of funds at the volunteer fire departments. Chairman Ammons suggested an audit firm be required to review the controls at the Cruso Fire Department. Chairman Ammons also suggested that the Board of County Commissioners adopt a “no tolerance” policy mandating that all alleged findings of financial misuse follow legal procedures. Mr. Cotton stated that he would attempt to meet with the Cruso Fire Board. A Fire Chief’s Council meeting will be held November 6th. Mr. Cotton stated that he will attend that meeting and add the topic of financial misuse to the agenda. Mr. Cotton will return to the Board with a report.  

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


Chairman Ammons stated that he has received many inquiries regarding the Tourism Development Authority (TDA) and the position of TDA Director. Chairman Ammons requested a report be presented by Chairman of the TDA Board, Alice Aumen. Ms. Aumen approached the Board. Ms. Aumen explained that a closed session meeting of the TDA Board was held October 16th, 2008. A five member search committee will be appointed during the regular TDA Board meeting scheduled for October 22nd, 2008. Ms. Aumen announced that anyone interested in applying for the position of Director of TDA should submit their resume to the office of David Cotton, County Manager.

Chairman Ammons inquired if the Board of County Commissioners had any constituent concerns. Chairman Ammons stated that he received a letter requesting that the Board of County Commissioners address an issue regarding a problem with a creek bank located in Cruso. There is a problem with the owner of a campground and the Corps of Engineers controlling the banks of the creek. Chairman Ammons believes the nature of the issue may need to be addressed on a Federal level. Chairman Ammons stated that a copy of the letter will be given to each Commissioner.

Boy Scouts Patric Jordan Lachapelle, Joseph L.V. Pinkston, II, and Wesley Stephen Roberts, have achieved the level of Eagle Scout.  Chairman Ammons received a request for the Board of County Commissioners to write a letter expressing their congratulations to these boys. Chairman Ammons stated that he would write the letter on behalf of the entire Board.

Chairman Ammons announced that the Department of Transportation (DOT) sent a notice that a public meeting will be held regarding the bridge crossing the Pigeon River, on US 19 / 23 / 74, at 5:00 – 7:00 p.m. on Thursday, November 6th, 2008, in Canton.


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

Approve Minutes of October 6th, 2008 Regular Meeting and October 7th, 2008 Special Meeting 

September 2008 Refunds, Releases, Discoveries and Amendments – David Francis, Tax Administrator

Budget Amendments as presented by Julie Davis, Finance Director

Health Department – Adult Health Services 1,000 from the American Lung Association for Teens Against Tobacco Use - Funds received from American Lung Association to be used in the T.A.T.U. program

Health Department – Adult Health Services – $5,727 Health Carolinians grant Funds awarded to Haywood County Health Department to be used for Healthy Haywood in the Fit Kids / Fit Family program.

Health Department – WIC program $10,914 – additional state funding Additional funds for increase in case load to be used in salary to support women with Infant Children (WIC) positions.

Health Department – Project Assist $20,000 funding for FY08-09 Increase in the Health and Wellness Trust Grant funding. Funds from FY08 being carried forward to FY09.

Environmental Health - $4,684 – DENR funding for well kits $4,461 and Summer Food Service Program $233 - To appropriate reimbursement funds received from DENR for the Well Program for well kits and received from the Food Service Program for supplies.

Information Technology - $10,000 from departments communications for new phone equipment to complete fiber connections -  To move money from Fund $11, 23, 24 departmental communications line item to Technology Department for new phone equipment to complete the fiber connection. This should reduce overall expense for communications throughout the county departments.
Application to Public School Building Capital Fund – NC Education Lottery for funding to cover debt service for artificial turf loan – Julie Davis     

NC General Statutes, Chapter 18C, provides that a portion of the proceeds of the NC State Lottery fund be transferred to the Public School Building Capital Fund.


County Bidding Processes

Julie Davis, Finance Director, presented a report on the procedures for bidding. Ms. Davis explained that all purchases of $90,000 or more, and construction contracts of $300,000 or more require a formal bidding procedure. The informal range is $30,000 - $90,000. Ms. Davis reviewed informal contract procedures. Contracts that do not follow the statutory formal or informal bidding procedures are service contracts or service type contracts that are contracts for personnel performance works versus delivering a tangible product, and purchases that are less than $30,000. Factors that must be considered are factors other than the product cost that impact the total cost in the decision making process. Some of these factors are the customer service of the vendor and the quality and experience of the provider. There are items of efficiencies that are reviewed when making changes, for example, is a small cost saving worth the time and labor expense in changing vendors.  There are efficiencies lost in constantly pricing small dollar items. There are three times when service contracts are generally reviewed, during the annual budget process, when there is a problem with the service or there is an increase of the cost, and if a competitive vendor suggests review. Ms. Davis explained that a vendor guide, “Doing Business with Haywood County”, can be found on the website, www.haywoodnc.net.

Haywood Community College School Resource Officer (SRO)      

Sheriff Tom Alexander presented a contract between Haywood Community College and Haywood County Sheriff’s Office for a School Resource Officer. The Sheriff’s Office would be reimbursed by Haywood Community College. County Attorney Killian confirmed that he had reviewed the contract.

Vice-Chairman Kirkpatrick made a motion to approve the agreement and authorize the execution by the Sheriff and the County Manager on behalf of the County. Commissioner Curtis seconded and the motion carried unanimously.

Proposed Fire District Boundaries Revisions

David Francis, Tax Administrator, explained that a public hearing was held July 21st, 2008. Mr. Francis stated that the Fines Creek Fire District, near Juniper Road, would like to eliminate that from any extensions that are currently being reviewed. This would alleviate the tax because of the distance. The requests for the other extensions remain the same for fire service district annexations. Mr. Francis requested that resolutions be presented at the next regular Board meeting. After discussion the Board agreed to review the resolutions at the next regular Board meeting on November 3rd, 2008.

Haywood Regional Medical Center (HRMC) Board Members     

Chairman Ammons stated that HRMC Board of Commissioner members, Jim Stevens and Bob Browning,  have submitted their resignations. Two individuals have been recommended by the Hospital Board of Commissioners’ nominating committee. After discussion the Board of County Commissioners agreed to schedule interviews with these individuals on November 6th, at 4:00 pm, in the Commissioner’s meeting room.


Chairman Ammons called for a brief recess.

Board Appointments – Haywood County Recreation Advisory Board

Upon returning from recess David Cotton, County Manager, explained that there is one vacancy on the Haywood County Recreation Advisory Board. The individual filling this vacancy must reside within District 2:  Jonathan Creek Township, Ivy Hill Township, Lake Junaluska CDP (part), Maggie Valley Township, remainder of Ivy Hill Township. Two applications were received from Bill Schaefer and Colin Edwards. Mr. Cotton stated that Mr. Schaefer withdrew his application.

Commissioner Upton made a motion to fill this open position on the Haywood County Recreation Advisory Board with Mr. Colin Andrew Edwards. Commissioner Enloe seconded and the motion carried unanimously.

4H Bulls Eye Shooting Sports Club Grant Proposal

Dr. Bill Skelton, Extension Service Director, and Nick Reynolds, 4H Agent, presented a summary of the activities and accomplishments of the 4H Bulls Eye Shooting Sports Club. Mr. Reynolds introduced Norman, Amy, Rebecca, Holly and Rachel Warren. The Warren family competes in bulls eye shooting competitions. Rebecca, Holly and Rachel shared their experiences with the 4H Bulls Eye Shooting Sports Club. Mr. Reynolds presented a request to move forward with a grant proposal to the National Rifle Association for the purpose of purchasing equipment and supplies for the club. Dr. Skelton stated that the motto of 4H is, “to make the best better”. A parent is required to attend the 4H Bulls Eye Shooting Sports Club with the child to assist with safety measures.

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

David Cotton, County Manager, explained that funds received for the grant would come to the County and dispersed to the 4H Club.


Commissioner Upton made a motion to enter into closed session for the purpose of Closed Session Minutes – Approval and / or Release Minutes – G.S. §143-318.11(a)(1), Potential Litigation – G.S. §143-318.11(a)(3), and Actual Litigation – G.S. §143-318.11(a)(3). Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

Return from Closed Session

The Board returned from closed session.

Commissioner Enloe made a motion to approve and release the minutes of the closed session of September 22nd, and October 6th, 2008, and to approve and not release the minutes of October 7th, 2008. Commissioner Upton seconded and the motion carried unanimously.


Chairman Ammons announced that the Board of County Commissioners will hold a work session October 21st, 2008, at 4:00 o’clock, at the Administrative Offices.


Commissioner Curtis made a motion to adjourn. Commissioner Upton seconded and the motion carried unanimously. The time of adjournment was 8:16 pm. The DVD is attached by reference to the minutes.


David B. Cotton          Larry Ammons             
CLERK                       CHAIRMAN