HAYWOOD COUNTY COMMISSIONERS. REGULAR MEETING May 3, 2010

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1 9 HAYWOOD COUNTY COMMISSIONERS REGULAR MEETING May 3, 2010 CALL TO ORDER Chairman J.W. Kirk Kirkpatrick, III convened the regular meeting of the Haywood County Board of Commissioners at 9:00 a.m. in the Historic Courtroom at the Haywood County Historic Courthouse, Waynesville, North Carolina, with Chairman J.W. Kirk Kirkpatrick, III, Vice-Chairman Bill Upton, Charles Skeeter Curtis, L. Kevin Ensley, and Mark S. Swanger present. Staff members present were 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. INVOCATION Chairman Kirkpatrick offered the invocation. Report on Haywood Regional Medical Center (HRMC) Mike Poore, Chief Executive Officer of MedWest Health System, stated that a new leadership team has been selected at MedWest Health System. The Chief Operating Officer is Theresa Reynolds, the Chief Clinical Officer is Dewayne Hooks, the Chief of Strategy is Steve Heatherly, Chief Financial Officer is Gene Winters, and the Chief of Human Resources is Janet Millsaps. MedWest Health System includes three hospitals; Swain, Harris and Haywood Regional Medical Center. Mr. Poore announced that the groundbreaking for a new six-bed Hospice facility is scheduled for July Mr. Poore shared that two large medical office buildings are being constructed, one in Sylva and one in Bryson City. Mr. Poore explained that once MedWest Health System became a system, a master agreement was signed with Carolinas Medical System. Carolinas Medical System is managing the system. With every new system, Carolinas Medical System goes through a management action plan (map) which allows for the Carolinas Medical System to assists with helping the system to become the best provider of medical care possible. 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. There being no public comments, Chairman Kirkpatrick closed the public comments session. CONSTITUENT CONCERNS Chairman Kirkpatrick inquired if there were any constituent concerns. At the last regular Board meeting held April 19 th, the Board determined that a significant public interest exists regarding the mining permit requested by Harrison Construction Company, which operates a quarry. Chairman Kirkpatrick requested a list of individuals opposing the quarry and who attended the Board meeting be sent to the North Carolina Department of Environment and Natural Resources, (NCDENR) along with a letter urging NCDENR to hold a public hearing. Commissioner Ensley inquired as to that letter. Chairman Kirkpatrick explained that the letter was sent to the Board of County Commissioners, DENR, Michael Rogers, Representative Heath Shuler and Senator Joe Sam Queen, with a copy to Marty Stamey,

2 10 Assistant County Manager. Chairman Kirkpatrick offered the historic courtroom as a location for that potential public hearing. There were no other constituent concerns. DISCUSSION / ADJUSTMENT / APPROVAL OF CONSENT AGENDA Marty Stamey, Assistant County Manager, requested adding Resolution Opposing Senate Bill (SB) 1004 and House Bill (HB) Chairman Kirkpatrick added this to the agenda with Kristy Wood, Information Technology and Communications Director, presenting this item. CONSENT AGENDA Commissioner Swanger made a motion to approve the consent agenda as presented. Vice- Chairman Upton seconded and the motion carried unanimously. Approve April 19 th, 2010 Regular Meeting Minutes Budget Amendments Julie Davis, Finance Director Animal Control - $2,000 from donations to cover services through June - To fund services needed for Animal Control Department through end of fiscal year DSS - Public Assistance $5,000 to appropriate the additional revenues received for Crisis Intervention program - Balance account to additional revenues allocated Authorization # 8 Capital Project Public Schools General Obligation Bonds 2006 & 2008 projects closeout- transfer $1,151,528 to General Fund for future debt service payments on bonds - To close out the school GO bond projects and move the balance available to the general fund for future debt service payments. Tax Collections - $6,000 to cover collection company fee for collection of unpaid property taxes through June - To appropriate the collection fee per the contract with the collection company through June. Board of Equalization and Review Resolution David Francis, Tax Administrator, presented a resolution delegating the authority of the subsection to the Board of Equalization and review.

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6 14 OLD BUSINESS Revaluation Update David Francis, Tax Administrator, explained that there are two markets to review for the revaluation process. The previous market for sales in real estate was extremely busy in comparison to the declining market experienced today. Haywood County will not use the market prior to 2009 because of the drastic difference between the two markets. Haywood County had only 729 valid sales during Mr. Francis stated that lack of sales causes less comparison, making it difficult to perform revaluation. The Haywood County revaluation is set for Counties are mandated to perform revaluation every eight years. Mr. Francis stated that the cost to perform revaluation is approximately $178,000 for Haywood County. Chairman Kirkpatrick summarized that a revaluation in 2011 would be a review of real estate sales during 2009 and On sales that have taken place during 2009, the assessed value of lower priced homes and land may increase after revaluation. The assessed value of homes between $300,000 and $500,000, are likely to remain steady. Sales of homes and land priced above $500,000 have decreased. Taxes paid are based on the rate that is applied to the value of the home and land. After discussion, the Board agreed to move forward with the revaluation in Notice of Sale of Real Property on 50 Henson Drive, and 236 North Main Street, Waynesville At the last regular Board meeting held April 19 th, 2010, the Board discussed the appraisal values of the former Haywood Mountain Home and the FISK building, both owned by the County. The Board further discussed methods for disposition of real property. Commissioner Swanger made a motion that the FISK building be sold pursuant to procedures of G.S. 160A-268, with the notice to indicate a minimum of $150,000. Vice- Chairman Upton seconded and the motion carried unanimously. Commissioner Swanger made a motion that the former Haywood Mountain Home be sold pursuant to procedures of G.S. 160A-268, with the notice to indicate a minimum of $271,000. Commissioner Ensley seconded and the motion carried unanimously. Groundwater Well Installation, Sampling and Reporting Francis Farm Landfill Jeff Bishop, Senior Project Manager, McGill Associates, presented a proposal outlining the basic scope of services and fees associated with assisting the County regarding the groundwater well installation, sampling, and reporting groundwater assessment monitoring plan at the Francis Farm landfill. Mr. Bishop explained that the contract between McGill Associates and Haywood County is one amount and would not change unless the drilling depths are exceeded or if additional casing is involved. Commissioner Ensley made a motion to approve the contract presented by Mr. Bishop for the groundwater well installation, sampling and reporting for Francis Farm landfill. Vice- Chairman Upton seconded and the motion carried unanimously. Julie Davis, Finance Director, presented a budget amendment for Solid Waste Management Special Revenue Fund 24 $169,800 for the groundwater well installation and reporting at Francis Farm landfill, to appropriate the cost of the groundwater well installation and reporting and groundwater assessment monitoring plan for Francis Farm landfill Commissioner Curtis made a motion to approve the budget amendment as presented by Julie Davis. Commissioner Ensley seconded and the motion carried unanimously.

7 15 Solid Waste Management Special Revenue Fund 24 - $408,719 to cover additional costs of operating expenses Julie Davis, Finance Director, presented a budget amendment to cover costs of hauling trash directly to the landfill; cost of leachate removal at the landfill; wastewater treatment and repairs to equipment at the White Oak landfill (WOLF) and Materials Recovery Facility (MRF) and hauling the increased recyclables out of the MRF as well as increased costs at the convenience centers. Additional funds in the current fiscal year are needed and will be covered by revenues collected over budget amounts. Stephen King, Solid Waste Director, explained that solid waste is being hauled directly from the convenience centers to the landfill. Commissioner Swanger stated that the Solid Waste Committee is looking at every aspect of solid waste removal and ways to save money. Vice- Chairman Upton stated that serving on the Solid Waste Committee is frustrating because of the difficulty of decisions regarding the exact cost of the landfill from year to year and making the best decisions regarding the landfill and recycling. Vice-Chairman Upton shared that recycling needs to be made easier and more convenient for citizens. Commissioner Swanger stated that the municipalities must be included and coordinated into various decisions regarding solid waste disposal and recycling efforts. Commissioner Curtis explained that much of the cost for the landfill has escalated due to regulations. Commissioner Ensley encouraged citizens to recycle to help prolong the use of the landfill. Commissioner Swanger made a motion to approve the budget amendment. Vice-Chairman Upton seconded and the motion carried unanimously.

8 16 Haywood Community College (HCC) Resolution to Approve Construction of the Creative Arts Building Dr. Rose Johnson, President of Haywood Community College (HCC), presented a resolution from the HCC Board of Trustees approving the construction of the creative arts building and seeking approval for the County to begin the loan process. Dr. Johnson explained that the design construction documents for the creative arts building are at the State Construction Office. Dr. Johnson requested some action from the Board indicating their intention to enter into a loan, pending the approval of the Local Government Commission (LGC). Dr. Johnson stated that HCC is hopeful to go out for a bid for the construction of this building. Chairman Mark Bumgarner read the resolution. Commissioner Swanger inquired as to the reason the presented resolution states $9,024,000 for the cost of the building, but the actual cost is $10,279,167. Vice-Chairman Upton asked why HCC did not request the full amount for construction plus the architect fees. Commissioner Swanger expressed that some of the projects HCC intends to retain a loan for may not be permitted by the LGC. Julie Davis, Finance Director, confirmed that some of the proposed projects could be questioned by the LGC. Ms. Davis explained that not anything that is maintenance related may be suitable for a LGC loan. Dr. Johnson explained that the proposed project list exceeds the $12 million because HCC does not have a concrete cost of the creative arts building. Commissioner Swanger stated that projects must be completed in a timely manner and sometimes in an order as to not overlap during the construction of various buildings. Commissioner Swanger inquired if HCC would consider taking other projects intended for construction and putting a logical sequence to them while examining the excess quarter

9 17 cent sales tax, which could be used for that purpose, and saving the interest on the loan. Dr. Johnson confirmed that HCC would consider this option and work with a timeline. Mr. Bumgarner requested flexibility in the timeline as some projects are of more immediate need. Commissioner Curtis expressed that the Board of Trustees of HCC is very competent and will be frugal. Commission Curtis stated that the facility must be cost effective. Commissioner Ensley expressed his desire to have the County staff review the plans as well as the correspondence from the State Construction Office. Commissioner Ensley shared that his main concern is the cost of construction. Commissioner Ensley expressed his opinion that construction of the creative arts facility should be less than HCC has projected. Chairman Kirkpatrick expressed his concern as to the cost of the building as well. Chairman Kirkpatrick stated that if the County helps HCC to retain a $12 million loan, and the quarter cent sales tax does not provide the debt service for the loan, the County may review the capital expenditures as a first resource for payment. Commissioner Swanger inquired as to the due date for the first debt service payment. Ms. Davis replied that one debt service payment would be due sometime in March Commissioner Ensley stated that he would like to review the plans for the construction before he votes in favor of a $12 million loan. County Attorney Chip Killian explained that in order for HCC to go out to bid, it would be necessary to receive approval from the Board of County Commissioners, but bids are necessary in order to receive approval from the LCG. Vice-Chairman Upton made a motion that the County approves the preparation and submission of an application to the Local Government Commission for approval of a loan in an amount to be determined to provide funding for construction of the creative arts building and enabling Haywood Community College to prepare to go out to bid. Commissioner Curtis seconded. Chairman Kirkpatrick requested that Mr. Bumgarner return in two weeks with information regarding the amount needed for the creative arts building and projects or enough funding for the creative arts building and use the remainder of the quarter cent sales tax and allow it to build up and pay as they go on the other proposed projects. Commissioner Swanger made an amended motion that it be resolved that the Haywood County Board of Commissioners intend to apply to the Local Government Commission for a loan sufficient to construct the creative arts building and other identified projects at Haywood Community College. Vice-Chairman Upton withdrew his original motion. Commissioner Curtis withdrew his second. Commissioner Swanger made an amended motion that the County intends to apply to the Local Government Commission for approval of a loan sufficient to construct the creative arts facility and other identified projects to enable Haywood Community College to prepare to go out to bid. Vice-Chairman Upton seconded. The motion passed four to one with Commissioner Ensley opposing. NEW BUSINESS Letter Carriers Food Drive May 8 th, 2010 Resolution Walton Garrett presented the Letter Carriers Food Drive Resolution to declare May 8 th, 2010 the day that citizens of Haywood County support the local association of letter carriers in the 16 th annual food drive by placing food at their mail boxes or taking it to the post office. Commissioner Swanger made a motion to support the resolution. Commissioner Ensley seconded and the motion carried unanimously.

10 18 RESOLUTION SUPPORTING LETTER CARRIERS 16 TH ANNUAL FOOD DRIVE WITNESSETH: WHEREAS, some of the 30 million people in our country who face hunger daily live in our County; and WHEREAS, the Haywood Christian Ministry, the Salvation Army, and the Open Door seek to provide food for those in need; and WHEREAS, our local mail carriers make an annual effort to gather food for these agencies. NOW THEREFORE BE IT RESOLVED that the Haywood Board of County Commissioners, at its May 3 rd, 2010 regular meeting, unanimously voted to adopt this resolution calling upon its citizens to support the local association of letter carriers in the 16 th annual food drive on Saturday, May 8 th, 2010, by placing food at their mail boxes or taking it to their post office. Adopted this 3 rd day of May, 2010 Osborne Boundary Oak Marty Stamey, Assistant County Manager, stated that the North Carolina Department of Transportation (NCDOT) and Haywood Community College provides support in protecting the oak tree in Bethel. Mr. Stamey suggested preparing a letter of support for the citizens of Haywood County in their efforts to request that the DOT undertake rehabilitation of the Osborne Boundary oak tree and its care in the future Commissioner Curtis made a motion that the Board of County Commissioners send a letter of support in preserving of the Osborne Boundary oak tree to the North Carolina Department of Transportation. Vice-Chairman Upton seconded and the motion carried unanimously. Facilities & Maintenance - $5,000 roof repairs at the Good Samaritan Clinic building Dale Burris, Facilities and Maintenance Director, presented estimates from four contractors for the roof replacement at the Good Samaritan Clinic. Mr. Burris stated that the entire roof must be replaced. The lowest quote was $4,675, but because the roof has been on the building for twenty-three years, Mr. Burris expects damage to the structure underneath the roof to need repair. Julie Davis, Finance Director, presented a budget amendment to cover the cost of the roof and expected repairs at the Good Samaritan Clinic building. Commissioner Swanger made a motion to approve the budget amendment as presented by Ms. Davis. Commissioner Curtis seconded and the motion carried unanimously.

11 19 National Day of Prayer Proclamation Karen Morgan, Life Groups Pastor of Women s Ministries with New Covenant Church, presented a proclamation that the first Thursday in May 2010 be designated as A Day of Prayer in Haywood County. Commissioner Ensley made a motion to pass the resolution as presented by Ms. Morgan as a proclamation. Commissioner Curtis seconded and the motion carried unanimously.

12 20 Fairground Activities Update and Board Vacancy Advertisement Commissioner Swanger explained that on March 1 st, 2010, the Board of County Commissioners agreed to have a new seven-member Fairgrounds Board in place by July 1 st, Commissioner Swanger stated that there would be six total vacancies with the seventh member being a Commissioner. Chairman Kirkpatrick confirmed that a letter had been received from the Haywood County Cattlemen s Association requesting their President, Jim Cochran, serve on the new Fairgrounds Board. Chairman Kirkpatrick urged Mr. Cochran to submit an application to the board. Marty Stamey, Assistant County Manager, confirmed that the Haywood County Cattlemen s Association submitted a letter of recommendation. County Attorney Chip Killian inquired if the applications would fill the vacancies of a current board or a board that does not yet exist. Commissioner Swanger stated that this board does not yet exist. County Attorney Killian explained that he has consulted with Mr. Stamey regarding the new Fairgrounds Board, but has not yet prepared legal documents. After discussion, the Board determined that the formal name of the board would be Agricultural and Activities Board. There would be restructuring of the membership of the board due to the County taking on more responsibilities with the fairgrounds.

13 21 Commissioner Swanger stated that there is a tax identification number so the board would be incorporated. Resolution Opposing Senate Bill (SB) 1004 and House Bill (HB) 1252 Kristy Wood, Information Technology and Communications Director, explained that in 2009, Senate Bill (SB) 1004 and House Bill (HB) 1252, were introduced and now a committee is seeking to place a moratorium on broadband. Ms. Wood stated that if passed, government agencies in North Carolina would be unable to expand their municipal broadband network. Ms. Wood presented a resolution opposing SB1004 and HB1252. After discussion, the Board agreed that the resolution should be sent to our representatives. Commissioner Swanger made a motion to approve the resolution that Kristy Wood has presented. Commissioner Curtis seconded and the motion carried unanimously. RESOLUTION TO EXPRESS THE CONCERN OF THE COUNTY OF HAYWOOD WITH RECENTLY INTRODUCED LEGISLATION REGULATING GOVERNMENT PROVISION OF BROADBAND SERVICE AND CABLE TELEVISION SERVICE. Whereas, Senate Bill 1004 and House bill 1252, companion bills entitled The Level Playing Field Act, have been introduced in the 2009 Regular Session of the North Carolina General Assembly; and Whereas, the American Recovery and Reinvestment Act includes provision for up to $4.7 billion in federal grants to local governments to assist them in providing affordable access to high capacity broadband service in unserved and underserved areas; and Whereas, S 1004 and H 1252 could have the effect of denying the availability of such grants to local governments if those bills are enacted into law; and Whereas, in April 2010, the Revenue Laws Study Committee notified the public of its plans to vote for a moratorium on all future municipal broadband deployments in North Carolina; Whereas, such legislation would prohibit municipalities from deploying essential infrastructure necessary to bring advanced high speed broadband to underserved and unserved areas of North Carolina; Whereas, the General Assembly has already established rules, regulations, and oversight in which a local government must abide in order to undertake providing an enterprise service to its community; Whereas, any municipal broadband moratorium is counter to the Local Development Act of 1925 as established NCGS 158 that allows local governments to aid and encourage economic development in communities throughout North Carolina; NOW THEREFORE BE IT RESOLVED BY THE HAYWOOD COUNTY BOARD OF COMMISSIONERS THAT: 1. The General Assembly provide incentives for both public and private development of high capacity connections in order to handle rapidly growing data needs. 2. The General Assembly promote competition by curtailing predatory pricing practices that are used to push new providers and public broadband services out of the market.

14 22 3. The General Assembly reject any municipal broadband moratorium or legislation similar to the Level Playing Field bills that would impede or remove local governments ability to provide broadband services to enhance economic development or enhance public safety. 4. A copy of this Resolution be given to each member of the Revenue Laws Study Committee and the House Select Committee on Urban and Rural Broadband, the House and Senate leadership and the Governor. Adopted this 3 rd day of May, 2010 CLOSED SESSION Commissioner Swanger made a motion to move into closed session for the purpose of approval and release of Closed Session Minutes G.S (a)(1), and Personnel G.S (a)(6). Vice-Chairman Upton seconded and the motion carried unanimously. Return from Closed Session The Board returned from closed session. Vice-Chairman Upton made a motion to approve but not release the closed session minutes of January 13 th, Commissioner Ensley seconded and the motion carried unanimously. Commissioner Swanger made a motion to approve a sick leave adjustment for Deputy James Parton due to a County error in his retirement contributions. Commissioner Ensley seconded and the motion carried unanimously. ADJOURNMENT Vice-Chairman Upton made a motion to adjourn the meeting. Commissioner Curtis seconded and the motion carried unanimously. The time of adjournment was 1:10 p.m. The DVD is attached by reference to the minutes. CLERK CHAIRMAN