Draft

April 4, 2000

The Alexander County Board of Commissioners held their monthly meeting on April 4, 2000 in the Commissioners Room in the Alexander County Courthouse, Taylorsville, North Carolina.

PEOPLE'S AGENDA

Chairman Watts called the People's Agenda to order at 6:45 p.m.

Brenda Milligan stated that adopting the Subdivision Regulations Ordinance would be premature. At the present time, there is no county-wide water and sewer. Ms. Milligan said she believed the County should worry about water and sewer before subdivision and paving.

Eric Hansen asked the Board to allow 30 more days to evaluate the Subdivision Ordinance. Mr. Hansen stated that he had just received a copy of the regulations that day and needed time to look over them. He also stated that he didn't want to see this town transformed into a major city; this is a small town and most people like it that way.

James Fortner also approached the Board regarding Subdivision Ordinance. Mr. Fortner asked the Board to consider minor subdivision regulations different from the proposed regulations and also to let people know about regulations before they are adopted.

Andy Baker stated that he felt that if the Board adopted the Subdivision Ordinance, they would be jumping into something too quickly. Mr. Baker stated that these regulations needed to be carefully reviewed before adoption.

Dent Allison stated that he had reviewed the Subdivision Ordinance and found a few changes that needed to be made. He stated that Rink Dam needed to be listed as minor collector. He also alluded to discrepancies on page 23 in the regulations involving distances between property and right of ways.

REGULAR MEETING

Chairman Watts called the regular meeting to order at 7:00 p.m.

Rev. Reginald Lewis from Liberty Grove Baptist Church gave the invocation. Alex Bryant from Taylorsville Elementary led the Pledge of Allegiance to the Flag.

CHAIRMAN'S REPORT

Chairman Watts gave the Chairman's Report which included:

1. Roy Gragg. President of DAV Chapter 84, announced that the chapter will be having a "Night with Ned Jarrett" on Tuesday, April 18, 2000 at 7:00 p.m. at the National Guard Armory. The Commissioners are invited to attend.
2. The U.S. Air Force Heritage of America Band will be performing on April 7, 2000 at Wittenburg Elementary School. The band consists of 60 members and is led by Captain Larry H. Lang. There will also be a flyover at 12:00 noon by the U.S. Air Force over the County Courthouse.
3. The NACo Conference will by held on July 14-18, 2000 at the Charlotte Convention Center. The Earlybird Registration deadline is May 8, the fee is $365.
4. The Commissioners requested that Chairman Watts set up a meeting with the Board of Education to discuss facilities plans.

ADOPTION OF AGENDA

Commissioner Odom made a motion to adopt the agenda as presented and to table item #9 to the next meeting. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion.

REPORT ON COMMUNITY CHILD PROTECTION TEAM

Nan Campbell, Social Services Director, gave an update on the Child Protection Team. She reported that child abuse and neglect was a continuing problem in the county and the state. Statewide data shows a 7 percent increase over the previous year. The Team reviewed 29 cases in the past year which included 5 sex abuse cases, 10 physical abuse cases, and 14 neglect cases. The Child Protection Team also assessed these cases to determine primary contributing factors to the abuse and attempted to provide services to help lessen or eliminate these factors. Ms. Campbell stated that the Team would like to join forces with the Chamber of Commerce in providing advocacy and education to local industry.

REPORT ON COMMUNITY CHILD FATALITY PREVENTION TEAM

Shelley Carraway, Health Department Director, gave an update on the Child Fatality Prevention Team. She reported that North Carolina has experienced a downward trend in the child death rate from 1988 to 1998. Causes of death saw an increase in birth defects, Sudden Infant Death Syndrome (SIDS), and illnesses. There were decreases in the number of child deaths related to unintentional injuries, homicide, and suicide. The Child Fatality Prevention Team reviews child deaths from birth to age 17. In 1999, the Team reviewed 6 child deaths during one year. Two were birth defects, 2 were prenatal conditions, 1 was a fire, and 1 was a suicide. There were no system problems in Alexander County. The Team is looking into grant funding and have recently received $508 to purchase gun locks.

PROPOSED SUBDIVISION ORDINANCE

Sylvia Turnmire, Planning & Development Director, presented the Board with a copy of the revised Proposed Subdivision Ordinance. This ordinance was presented previously at the February Commissioners meeting where the Board requested a period of time to allow public comments. The Planning and Zoning Commission reviewed comments and made several changes with the Ordinance. Mrs. Turnmire gave the dates of public hearings where public comment was welcomed and publishing dates of the Ordinance. Commissioner Harbinson stated that the public has had ample time to review the Ordinance and give comments. Mrs. Turnmire stated that the Subdivision Ordinance, if adopted, would provide orderly development for future expansion in the community. She informed the Board that there is approximately 65 miles of dirt/gravel roads to be paved in the county according to Department of Transportation. There are also 960 private roads. Commissioner Robertson stated that he did not approve of the regulations concerning subdivision on property (ie. farm land). If you split your land into 4 tracts, you must put in right-of-ways into each tract according to the Ordinance. Commissioner Odom agreed with Commissioner Robertson. Carl Bunton approached the Board and stated that a Subdivision Ordinance needed to be adopted, changes can still be made after the Ordinance is adopted. Commissioner Robertson made a motion to table this item until the May meeting and to set up a work session with the Planning and Zoning Commission. Commissioner Harbinson seconded the motion. The Board voted 4 for the motion (Commissioners Bolick, Odom, Harbinson, and Robertson) and 1 against the motion (Commissioner Watts). Chairman Watts stated at this time that a work session should be scheduled for the Board of Commissioners and the Planning and Zoning Commission.

NO WAKE ZONE-BETHLEHEM MARINA & DUSTY RIDGE ACCESS

Sylvia Turnmire, Planning & Development Director, presented the Board with a letter that she received from Ms. Joan Troy with the NC Wildlife Resources Commission. The NC Wildlife Resources Commission approved the no-wake zone within 50 yards of Bethlehem Marina effective April 1, 2000. This rule is adopted temporarily until ratification by the General Assembly in June when it will become a permanent rule. Since the Dusty Ridge Access Area is already established as a no-wake zone, eleven markers will need to be placed in that zone. Commissioner Harbinson suggested contacting the NC Wildlife Resources Commission and request that they pay for the markers at $150 each. It was noted that markers are already in place at Bethlehem Marina at the no-wake zone.

NACO 2000 CONTRIBUTIONS

Chairman Watts discussed making a financial contribution to NACo 2000 Conference. So far, a total of 55 NC counties have made contributions ranging from $100 to nearly $600,000. The Association of Directors is looking for support from all 100 counties. Keith Hertzler announced that the Chamber of Commerce will be contributing $500 for Alexander County to the NACo 2000 Conference.

RESOLUTION FOR HUBBARD ROAD PAVING (SR1143)

Chairman Watts presented a resolution to be submitted to the North Carolina Department of Transportation for the paving of SR1143 Hubbard Road. Hubbard Road is the name that county staff has, but Jim Rand with the NCDOT has the road name as Icard Dam Road. The state road number is correct. Commissioner Harbinson made a motion to adopt the resolution to pave Hubbard Road. Commission Odom seconded the motion. The Board voted unanimously in favor of the motion.

RESOLUTION FOR REMOTE SALES TAX

Chairman Watts recognized Commissioner Bolick who presented a resolution in support of "Remote Sales Tax". Remote sales taxes are taxes on purchases made by mail order, telephone, Internet, etc. The taxes are not reimbursed to the state, counties, or cities. Commissioner Odom made a motion to adopt the resolution. Commissioner Robertson seconded the motion. The Board voted unanimously in favor of the motion.

BOARD APPOINTMENTS

Chairman Watts made the following appointments and reappointments:

Commissioner Odom made a motion to accept the appointments and to table The Town of Taylorsville Board of Adjustments/Extra Territorial Jurisdiction appointments until the next meeting. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion.

COUNTY MANAGER'S REPORT

Rick French, County Manager, gave his monthly report to the Board of Commissioners which included:

1. Mr. French discussed the LGC meeting which took place on March 17, 2000. The LGC said the County cannot refinance any operational debt, so the $2.5 million is a no. The LGC instructed the County to obtain bond council. Peter Michel has been contacted through a conference call on March 24, 2000. Another conference will take place shortly.
2. A water petition was received for Jenkins and Moose Road. Last month we received petitions from residents along Rink Dam Road. A water meeting work session needs to be scheduled for April 24, 2000.
3. On March 23, 2000, Mr. French attended a meeting at the Charlotte Mecklenburg Government Center to discuss buffers along the Catawba River. Rules for buffers are being considered for the Catawba River Basin similar to the Neuse River. The Water Quality Division is planning a public hearing in August/September and adopting temporary rules later this year. A follow-up meeting with Catawba River counties and Water Quality folks is being discussed for April.
4. County staff, along with some help from Keith Hertzler, is starting to discuss a possible lease for office space in the Bethlehem area. A space in the shopping center owned by Gary Sain is being discussed. A small satellite library area, office for collection, space for Sheriff's department are some ideas for the extra space.
5. County budgets are due on April 7, 2000. Space is needed to work on the budget. Last year Mr. French worked on the budget at the Senior Center. Mr. French suggested working on the budget at home.
6. A list of surplus items was presented to the Board. This list needs to be approved to proceed with advertising to the public.

Commissioner Robertson made a motion to have the budget work session on April 24, 2000, to allow Mr. French to use Charles McGinnis' office to work on the budget, and for Mr. French to proceed with advertisement of the surplus items. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion.

OTHER BUSINESS

PRISON PROPERTY

Chairman Watts discussed the progress of the prison. Chairman Watts stated that the State expect bids for the prison should be done by Summer of 2000, groundbreaking should occur by the end of the year, and the prison will open in 2003. For the first 6 years, the county can tax the facility. After the 6 years, the state has an option to purchase the property as a private facility. If the state does not purchase the property, the county can continue to tax the property which would equal $413,000 per year using current tax rates. The materials for building the prison will be obtained from Alexander County which will create a boost to local economy.

CONFERENCE CALL: PETER MICHEL

At this time, a conference call was placed to Peter Michel, a bond attorney from New York which specializes in health care institutions, to discuss the hospital matters. Mr. Michel stated that he had studied the material that Alexander County had given him about the hospital and came to the conclusion that Alexander Community Hospital had been in declining financial shape for the last 10 years. He informed the Board that the resolution that was approved to assume the indebtedness and title of the hospital without local government approval was a problem by the North Carolina Constitutional Law. There is no law against acquiring a hospital, but there is some constitutional and state laws that apply to incurring the indebtedness. The State of North Carolina says that you cannot borrow money to pay operating expenses. Mr. Michel gave the Board their options with the hospital which included.

1. Issue bonds to acquire hospital (bond referendum)
2. The Governor can authorize the County to proceed if the County can show that this is an immediate threat to the health and safety of the community. The Governor would have to determine.
3. Appropriate indigent care monies.

CONSENT AGENDA

1. Minutes from March 14, 2000.
2. Budget Amendment #33 and Budget Amendment #34
3. Vashti Water Management and Maintenance Agreement
4. Stony Point/Millers Water Management and Maintenance Agreement

Commissioner Robertson made a motion to accept the Consent Agenda. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion.

CLOSED SESSION

ADJOURNMENT

Commissioner Odom made a motion to adjourn at 9:10 p.m. and enter into Closed Session. Commissioner Bolick seconded the motion. The Board voted unanimously in favor of the motion.

    John F. Watts, Chairman              Jamie C. Millsaps, Clerk to the Board