Home

Did You Know:

Canton was originally Cherokee Indian Territory. A post office first opened here in 1837 and the community at the time was named Pigeon River.
County Commissioners Minutes 01-20-09 Print
Board of Commissioners - Minutes

HAYWOOD COUNTY COMMISSIONERS
REGULAR MEETING – January 20, 2009

 

CALL TO ORDER

Chairman J.W. “Kirk” Kirkpatrick 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 J.W. “Kirk” Kirkpatrick, III, Vice-Chairman Bill Upton, Commissioners Charles “Skeeter” Curtis, L. Kevin Ensley and Mark S. Swanger present. Staff members present were County Manager David B. Cotton, Assistant County Manager Marty Stamey, County Attorney Leon M. “Chip” Killian, III, Finance Director Julie Davis, Public Information Officer David Teague, and Administrative Assistant Rebecca Morgan.


Pledge of Allegiance

Chairman Kirkpatrick led the Pledge of Allegiance.
Vice-Chairman Upton offered the invocation.


Public Comments

Chairman Kirkpatrick 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 public comments, Chairman Kirkpatrick closed the public comment section.

Constituent Concerns

Chairman Kirkpatrick inquired if the Board had any constituent concerns. Commissioner Ensley stated that some constituents have expressed concerns regarding a need for landslide insurance. Commissioner Ensley suggested preparing a resolution for landslide insurance. Commissioner Curtis explained that if one has flood insurance, and a mudslide occurs because of the flood, damage from the mudslide is covered. Mudslide insurance is only available through the surplus lines. County Attorney Killian explained that special assessment called a ‘beach plan’ is available in North Carolina. Commissioner Curtis stated that insurance rates would increase on the cost for homeowner’s insurance. These rates will increase more for those on the coast than the rates for homeowners in the mountains.

Commissioner Ensley stated that Rick Wooten reported to the Engineering Board that the North Carolina Geological Survey has completed landslide hazard maps for Buncombe and Macon Counties. The next counties for landslide hazard mapping are Henderson and Jackson Counties. Commissioner Ensley suggested the Board prepare a resolution urging the North Carolina Geological Survey to include Haywood County early in this mapping process. These maps will indicate areas that are potentially more prone to slides. Mark Shumpert, County Engineer, approached the Board. Mr. Shumpert explained that Haywood County was bumped to the bottom of the list with the North Carolina Geological Survey when they realized that the County did not have up-to-date aerial photography for Haywood County. However, new photography has been completed with the criteria for mapping having been met. Commissioner Ensley suggested the Board prepare a resolution of support for this mapping in an effort to protect property owners. David Cotton, County Manager, confirmed that both resolutions would be presented at the next regular Board meeting, February 2nd, 2009. Commissioner Curtis recommended sending the resolution for mudslide insurance to the Commissioner of Insurance.

Vice-Chairman Upton suggested the Board review the Slope Ordinance. Mr. Cotton stated that the slope ordinance was reviewed six months ago. Chairman Kirkpatrick suggested that the Board review the Slope Ordinance and look at subdivisions that have applied the ordinance. This will be done in March to insure that the ordinance is working properly.

Discussion /Adjustment /Approval of Consent Agenda

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

Consent Agenda

Commissioner Swanger made a motion to adopt the consent agenda. Vice-Chairman Kirkpatrick seconded and the motion carried four to one with Commissioner Ensley opposing due to the required payment of medical expenses for jail inmates.

  • Approve Minutes of January 5th, 2009, Regular Meeting
  • December 2008 Refunds, Releases, Discoveries and Amendments – Judy Ballard, Tax Assessor
  • Budget Amendment as presented by Julie Davis, Finance Director

    Detention Center - $27,000 – increased expense for jail inmate medical attention. Facilities and Maintenance - $13,000 increase budget for utilities at the Plaza. Reduce the School Operating to reflect the formula calculation after ADM know – ($345,467). Balance to reduce appropriation of fund balance - To adjust the school budget for the 10-day A.D.M. count and to fund the increased medical costs for inmates at the Detention Center, and to cover the utilities at the Plaza for the remainder of the fiscal year. Ms. Davis explained that the public schools operating contribution is based on a formula. That adjusted formula allowed for the ten-day A.D.M. count, which is lower than the estimated ADM number. The budget was reduced to $345,467. The Detention Center has medical expenses for inmate medication. The State requires the County to purchase prescription medications and take care of medical needs of the inmates. Commissioner Ensley expressed his opposition for this budget amendment.

OLD Business

Personnel Policy Manual Update and Changes

At the last regular Board meeting, January 5th, 2009, Susan Layton, Human Resources Director, presented the updated personnel policy manual for Haywood County in an effort to institute an up-to-date personnel policy that will outline policies that define the expectations of both the employee and the County. David Cotton, County Manager, confirmed that the County Department Directors, Supervisors and Attorney Amy Jenkins have reviewed the revised policy. The Board agreed to review the policy as presented and consider approving the revised personnel policy manual at the next regular Board meeting, January 20th, 2009.

David Cotton, County Manager, presented the updated personnel policy manual for Haywood County in an effort to institute an up-to-date personnel policy that will outline policies that define the expectations of both the employee and the County. While limited updates on individual policies have been approved by the Board of Commissioners to the County’s Personnel Policy Manual over the past few years to reflect some of these changes, a complete review and update has not been done in many years. Some portions are completely new to the manual. Commissioner Swanger stated that the proposed policy is different from the previous policy. Commissioner Swanger read from page 21, “Compensation for accumulated vacation leave shall not be paid to any employee separated for reasons of performance, attendance for cause.” Mr. Cotton shared that some employees failed to give a two-week notice, leaving departments in a difficult predicament. Commissioner Swanger inquired if accumulate vacation leave was earned during the time the employee was in good standing, could it be taken away by cause of involuntary termination. Chairman Kirkpatrick expressed that the employees receive notice that they are jeopardizing their accumulated vacation leave by choosing to terminate their employment. Commissioner Curtis inquired as to notifying the employees as to the changes made in the personnel policy. Commissioner Swanger inquired if the law enforcement employees were exempt from the firearms policy that prohibits the possession of a weapon on county property, found on page fifty. Mr. Cotton confirmed that the policy does provide an exemption for the law enforcement employees. Mr. Cotton stated that the concerns regarding the proposed personnel policies would be presented to Attorney Jenkins in an effort to close the gap.

Board Members

David Cotton, County Manager, explained that there is one vacancy on the Tourism Development Authority (TDA) Board for a representative of twenty units or less. The term would expire December 31st, 2011. Three applications were received. At the last regular Board meeting, Betsy Boyd was selected to fill this vacancy. Since that time, Ms. Boyd resigned. A second applicant, Mindy Cole Wood, withdrew her application, leaving Jennifer Duerr as the only applicant at this time.

Commissioner Ensley made a motion to appoint Jennifer Duerr to the Tourism Development Authority for the vacancy of twenty units or less. Vice-Chairman Upton seconded and the motion carried unanimously.

Mr. Cotton explained that there are two vacancies on the Health Board for the Public Members at large position. These vacancies were advertised, but no applications were received. After re-advertising, three applications were received for the Public Members at Large. Sybil Mann withdrew her application, leaving Leslie McDowell and Martha Cicchinelli as the only applicants at this time. The terms would expire December 31st, 2011.

Vice-Chairman Upton motioned to appoint both Leslie McDowell and Martha Cicchinelli as the at large members to the Health Board. Commissioner Swanger seconded and the motion carried unanimously. 

NEW BUSINESS

The Rural Center Building Reuse and Restoration Grants Program

Mayor Pat Smathers explained that the Building Reuse and Restoration Grants Program is designed to spur economic activity and job creation by assisting in the productive reuse of vacant buildings in small towns, with priority to those with a population of fewer than 5,000. The maximum grant amount will be no more than $25,000. A match of a least $5,000 is required for all pre-development grants. The unit of local government applicant should provide at least $1,000 toward the match. The remainder of the match can come from public and / or private sources. The grant would help fund a restaurant and hotel in Canton.

The rural center only makes these grants to local government entities. The involvement of the County would be through the Economic Development Commissioner (EDC). EDC would be responsible for the money. The match to this grant has been waived according to Mayor Smathers; therefore, there is essentially no cost to the County. The grant is available only to towns with less than 5,000 in population, the building must be vacant at least three months, and there must been an administration of the plan. Mark Clasby, EDC Director, confirmed that he had reviewed the grant and would serve as grant administrator.

Vice-Chairman Upton made a motion to approve the signature of Chairman Kirkpatrick in the County’s application for the Rural Center Building Reuse and Restoration grant program. Commissioner Curtis seconded and the motion carried unanimously.

Request Approval for New Social Worker Position

Tony Beaman, Department of Social Services Director, presented a request for an additional Social Worker I position. The position would be paid by revenue received for adoption assistance. There would be no county funds needed for this position. The position would assist adoption workers with volumes of paperwork necessary for adoption assistance funding, as well as Medicaid paperwork for children coming into foster care, and would help with improving reimbursement to the county.

Commissioner Curtis motioned to approve the new social worker position specifically for the child advocacy adoption for the Department of Social Services. Commissioner Ensley seconded and the motion carried unanimously.

Community Development Block Grant (CDBG) Scattered Site Housing

Tony Sexton, Project Specialist, explained that the County has been awarded the CDBG Scattered Site Housing Grant #308-C-1825 for $400,000. The grant is for the rehabilitation of housing owned by families in the low to median income group. The family income would have to be less than fifty percent of the median income as established by the most recent labor department data for Haywood County. The median is approximately $27,000 annual income. The North Carolina Department of Commerce requires that the Board approve certain documents and policies. Mr. Sexton presented those documents for consideration.

Commissioner Swanger moved to approve the documents set forth in exhibit seven, the contract with Mountain Projects Residential Anti-Displacement Relocation Plan Citizens Participation Plan in the two resolutions required. Vice-Chairman Upton seconded and the motion carried unanimously.

Parks and Recreation Trust Fund Grant Application

Claire Stewart, Recreation Director, presented a grant application to the North Carolina Parks and Recreation Trust Fund for a new playground at the Fines Creek Community Center. The grant is dollar for dollar match with a three-year period on project completion. David Cotton, County Manager, stated that this is currently a capital projects line item. The local government’s matching funds requested was $15,750.

Commissioner Swanger made a motion to approve the grant application to the North Carolina Parks and Recreation Trust Fund for a new playground at the Fines Creek Community Center. Commissioner Curtis seconded and the motion carried unanimously.

Recess

Chairman Kirkpatrick called for a brief recess.

Sustainability Plan

Mark Shumpert, County Engineer and Stephen King, Solid Waste, presented the sustainability plan for Haywood County. Landfill capacity is reaching its limit locally and new landfills are getting more difficult to permit in North Carolina. By taking immediate steps to begin reducing waste, and by increasing the efforts of all citizens to reuse and recycle materials, Haywood County citizens could extend the life of the landfill by at least ten years. David Teague, Public Information Officer, confirmed that he would make an announcement to the media regarding the sustainability plan.

Vice-Chairman Upton made a motion to approve the sustainability plan for Haywood County as presented. Commissioner Ensley seconded and the motion carried unanimously.

Governor’s Crime Commission Grant – Juvenile Crime Prevention Commission Aspire Program Seeking Approval

 Kim Castano, Aspire Program Director, presented a request to apply for the Governor’s Crime Commission Grant. This program will provide youth ages 12-17 with the opportunity to learn and practice specific job skills related to the culinary arts. Ms. Castano requested the County to sponsor the grant by acting as a fiduciary agent, not to provide any direct funding to the program. The deadline for the grant request is January 31st, 2009. The requirement for matching funds has been waived for this application.

Vice-Chairman Upton made a motion to approve the Governor’s Crime Commission Grant as presented by Kim Castano, the Aspire Program Director. Commissioner Swanger seconded and the motion carried unanimously.

Closed Session

Commissioner Swanger made a motion to enter into closed session for the purpose of Closed Session Minutes – Approval and / or Release of Minutes – G.S. §143-318.11(a)(1), Potential Litigation – G.S. §143-318.11(a)(3), and Potential Acquisition of Real Property – G.S. §143-318.11(a)(5), and G.S. §143-318.11(a)(6) Personnel. Commissioner Curtis seconded and the motion carried unanimously.

Return from Closed Session

The Board returned from closed session.

Commissioner Curtis made a motion to approve, but not release the closed session minutes of January 5th, 2009. Commissioner Ensley seconded and the motion carried unanimously.

Chairman Kirkpatrick stated that the Board entered into closed session minutes for the purpose of Potential Acquisition of Real Property - G.S. §143-318.11(a)(5), the owner of that property R.C.G. Ventures. The location of that property is off Paragon Parkway and the purpose for entering closed session was for potential acquisition for office spaces for County departments.

ADJOURNMENT

Commissioner Swanger made a motion to adjourn. Commissioner Curtis seconded and the motion carried unanimously. The time of adjournment was 8:24 pm. The DVD is attached by reference to the minutes.

  

David Cotton                                                               J.W. Kirkpatrick, III
CLERK                                                                        CHAIRMAN