BOCC Minutes 11-03-08 Print
Board of Commissioners - Minutes

REGULAR MEETING – November 3, 2008


Chairman 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 Charles “Skeeter” Curtis, Mary Ann Enloe and Bill 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.

Chairman Ammons offered the invocation.


Chairman Ammons stated that today was the first day for fuel assistance at the Haywood Christian Ministries. As he came into the parking garage before the meeting, several citizens were standing in line at Haywood Christian Ministries. Chairman Ammons reminded everyone that some Haywood County citizens are in need of help so they may remain warm this winter season.

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 no comment, Chairman Ammons closed the public comment section.

Constituent Concerns

Chairman Ammons inquired if the Board of County Commissioners had any constituent concerns. Commissioner Enloe stated that she had one constituent concern which will be discussed in closed session.

Discussion / Adjustment / Approval of Consent Agenda

Chairman Ammons inquired if the Board members had any adjustments to be made to the agenda. Chairman Ammons stated that some money has come available. In order to meet the timeframe for requesting these funds, one adjustment was added under “New Business”, “The Bailout Bill 1424”.

Early Voting

Chairman Ammons announced that in Haywood County 15,077 registered voters took advantage of early voting. Early voting allows for a more convenient and flexible schedule. For some, it is difficult to get out on cold days. Chairman Ammons stated that the early voting was very well organized. He recognized the poll workers, staff at the Election Board, and our Election Board Officials. Chairman Ammons further thanked David Cotton, County Manager, for providing the Haywood County citizens convenient locations with plenty of parking for early voting, and a place to store the voting machines. Chairman Ammons acknowledge the efforts of the Information Technology staff who kept the voting machines in working condition.

Consent Agenda

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

  • Approve Minutes of October 20th, 2008, Regular Meeting – with the addition of a
    Statement under “Constituent Concerns”, page 285, “… as Chairman of the   Bicentennial Celebration”.
  • Personal Property Pricing Guide for 2009 – Judy Ballard, Tax Assessor. Ms.
     Ballard explained that one addition to the pricing guide was made, a minimum on
     businesses of $500.
  • Budget Amendments as presented by Julie Davis, Finance Director

Sheriff Office – $72,106 – School Resource Officers for Haywood Community College – To appropriate funds to cover the new program for officers at the community college.

Emergency Management – $60,000 – Federal Grant for emergency drill – To provide funding for the expenses related to planning and conducting an exercise series that will include a multi-state exercise focusing on natural disaster.

Social Services – $16,185 – Additional crisis assistance funding for HEMC customers - Additional crisis funding for HEMC customers 100% reimbursed. Department of Social Services (DSS) Contracts as presented by Tony Beaman, DSS Director. County Attorney Killian advised that in order to avoid confusion in the future, on the contracts the blanks should be completed by using either a “zero”, “0”, or “N / A”, for not applicable. Vice-Chairman Kirkpatrick inquired as to the reason these contracts are approved at this time rather than July 1st. Mr. Beaman explained that a great deal of time is required contacting all involved parties for some on these contracts. Services are being provided presently.

Mountain Projects Medical Transportation – $105,000 - Contract #K044-034-08

Haywood Regional Health and Fitness – $28,000 - Contract #K044-018-09

PRP Enterprises – $68,000 - Contract #K044-010-08

New Business 

Lease Agreement - Consolidated Waste Services 

Stephen King, Solid Waste Director, presented a five and a ten year term contract with Consolidated Waste Services. The current price is $21,450.99 per month.  Mr. King also presented an amortization listing which indicated cost differences between the five year lease and the ten year lease. County Attorney Killian advised that the word “improper” be changed to “inadequate” so that it is consistent throughout the contract. County Attorney Killian further advised that the County would have the right to terminate the contract on the bases of inadequate performance with a sixty day notice after hearings and / or meetings.  

Commissioner Enloe made a motion to authorize our County Attorney to review this contract for a five year extension with the changes that were talked about here today and bring it back at a future Board meeting. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

Blue Ridge National Heritage Area Memorandum of Understanding     

Penn Dameron, Blue Ridge National Heritage Executive Director, presented the Enhancement Agreement between Haywood County, the North Carolina Department of Transportation, and the Blue Ridge National Heritage Area. Mr. Dameron requested Haywood County join in the National Heritage area in a proposed contract to begin the design of the system for signage throughout the twenty-five counties in western North Carolina that make up the Blue Ridge National Heritage area. In 2005 the state of North Carolina awarded a $426,000 enhancement grant to Haywood County as a result of an application that the Blue Ridge National Heritage Area submitted. The County would execute all the contracts because the County would be the nominal recipient of this grant. Mr. Dameron advised that other contracts may be forthcoming to fabricate and install the signs.

Commissioner Upton made a motion to enter into this agreement with these other parties and authorize the execution of the necessary documents to do so. Commissioner Enloe seconded it for discussion. Commissioner Curtis inquired as to what has been done since 2005 when Haywood County first entered into this agreement. Mr. Dameron explained that the process has been much more complicated than originally expected. Until easement agreements were secured with all eighty site owners Blue Ridge National Heritage Area could not have progressed to this state. Earlier this year the agreement was given from the state of North Carolina to locate signs in seven state parks. Under these enhancement grants only counties and municipalities can be contracting parties. County Attorney Killian confirmed that at this time the County is considering the design services contract only. The motion carried unanimously.

Haywood Community College Board of Trustees

David Cotton, County Manager, stated that Haywood Community College Board of Trustees has one vacancy. Ellene Francis’ term has expired. Two applications have been received, one from Ms. Francis, who has expressed her desire to be reappointed, and one from Mr. Michael McConnell. This vacancy was advertised in “The Mountaineer”. After discussion the Board scheduled interviews for Thursday, November 6th, at 3:30 pm, in the Board of County Commissioners’ meeting room.

Wellness Center Update

David Cotton, County Manager, gave a PowerPoint presentation regarding the Haywood County Wellness Center. The timeframe for this report was from August 4th, 2008 thru October 2nd, 2008. Mr. Cotton explained that the purpose of the center is to slow down the increase in health insurance costs, improve accessibility and the productivity of staff through health screenings, and encourage wellness and preventative care. Based on the patients seen at the center the cost avoidance is over $100,000, directly contributed to staff is $31,000 in co-pays. The average out-patient cost for the labs is under $24 with a projected cost avoidance of $40,000. Almost 400 doses of the flu vaccine were administered at the wellness center. Haywood Regional Medical Center (HRMC) has determined that the wellness center is not one of their core missions. Mr. Cotton explained that there is a plan to review proposals for the health care provider and expects to present proposals at the next regular Board meeting, November 17th, 2008.

Bids for Sheriff Vehicles

Julie Davis, Finance Director, explained that an advertisement to purchase new vehicles for the Sheriff’s Office ran in “The Mountaineer”. Six bid packets were mailed. Two sealed bid packets  were received from Ken Wilson Ford, in Canton and Taylor Motor Company in Waynesville. Sheriff Tom Alexander and Captain David Mitchell reviewed the bids. The lowest bid received was from Ken Wilson Ford.

Commissioner Enloe moved to approve awarding of the bid to Ken Wilson Ford, as required by State law to accept the low bid. Commissioner Upton seconded and the motion carried unanimously.

Bailout Bill 1424

David Cotton, County Manager, explained that Congress has revised revenues from timber harvested on federally owned land within counties throughout the United States. Haywood County is one of twenty-five eligible counties in North Carolina to receive these funds. The estimated payment is over $100,000. In order to take advantage of these funds the state must receive a signed resolution by November 15th, 2008.

Vice-Chairman made a motion to suspend the rules. Commissioner Enloe seconded because of the time crunch and the motion carried unanimously.

Commissioner Upton made a motion to adopt this resolution applying for these funds that are available under the category “full safety net payment” amount as per public law 110-343 and authorize the execution so we can be eligible for these funds. Commissioner Curtis seconded and the motion carried unanimously.

Historic Courthouse Progress

Chairman Ammons requested that the Board of County Commissioner tour the historic courthouse prior to the next regular Board meeting on November 17th, at 4:00 o’clock. David Cotton, County Manager, confirmed that he would arrange for this tour and include Dale Burris, Facilities Maintenance Director, to attend as well.


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), and Potential 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.

Vice-Chairman Kirkpatrick made a motion to approve the minutes of October 20th, 2008, but not release the minutes. Commissioner Enloe seconded and the motion carried unanimously.


Commissioner Enloe announced that the Nance Dude performance is scheduled for December 12th and 13th, 2008, at the Hart Theatre. Tickets for the event are free.

David Cotton, County Manager, announced that the Elections staff is well prepared for Election Day. The Information Technology (IT) staff will be available in an IT support capacity. Volunteers have been trained making the IT support approximately four times the usual staff.

Commissioner Upton expressed his appreciation to Chairman Ammons for his work during the past two years. 


Commissioner Upton made a motion to adjourn. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously. The time of adjournment was 10:45 am. The DVD is attached by reference to the minutes.

David Cotton                   Larry Ammons
CLERK                            CHAIRMAN