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THE ANSON COUNTY BOARD OF COMMISSIONERS convened for their regular monthly meeting on Tuesday, December 3, 2002 at 6:00 p.m. in Courtroom #1 located in the Anson County Courthouse. Commissioners present: Blake Hildreth F. O’Neil Jones Steve Lear Dr. Jim Sims Harold C. Smith Ross Streater Staff members present: Chris Wease, County Manager Bonnie M. Huntley, CMC, Clerk to the Board Misty D. Randall, County Attorney James Bennett, Assistant County Manager Dorothy Tyson, Finance Officer Rita James, Data Processing Merrill Naylor, Emergency Management Jan Benton, Inspections Election of Chairman and Vice Chairman: This being the organizational meeting of the Board, County Attorney Randall called the meeting to Order. She then called for nominations for the position of Chairman. Commissioner Sims nominated Blake Hildreth. County Attorney Randall then called for a second with Commissioner Jones offering that the nomination did not need a second. Commissioner Jones then nominated Ross Streater. Motion by Commissioner Sims, seconded by Commissioner Lear, to close the nominations. Motion carried unanimously. County Attorney Randall called for the vote as follows: Ross Streater Blake Hildreth Commissioner Jones Commissioner Sims Commissioner Smith Commissioner Lear Commissioner Streater Commissioner Hildreth Commissioner Jones was of the opinion that the former Chairman would continue to serve until his successor was elected. Commissioner Smith felt the Board should have to agree for him to continue with Commissioner Jones feeling it may take the seventh person voting before a Chairman can be elected. After discussion, Commissioner Smith wanted the Board to vote to accept Blake Hildreth as the sitting chairman pending a final election. Motion carried 5 to 1 with Commissioner Smith opposed. Chairman Hildreth welcomed those present. Reverend Jerry Robertson of Deep Creek Baptist Church delivered the Invocation. Chairman Hildreth then called for nominations for the position of Vice Chairman. Motion by Commissioner Jones to delay the election of Vice Chairman until the Board elects a Chair and suspend the rules to that effect. Commissioner Lear asked if until that time, if the Chair was absent at a meeting, would the former Vice Chair remain as such until a new election with Commissioner Jones answering yes. Then Commissioner Jones amended his motion to read that the election for Vice Chairman be continued until such time as a permanent Chair is elected and in the interim, the sitting Vice Chair will act as the Vice Chair, that being Vice Chair Streater. Chairman Hildreth was of the opinion this was out of order, feeling the Board might be able to elect a Vice Chair if they were to proceed with the election. In an effort to be cooperative, Commissioner Jones withdrew his motion. Chairman Hildreth then opened the floor for nominations for the position of Vice Chairman. Commissioner Streater nominated Commissioner Jones while Commissioner Lear nominated Commissioner Sims. Commissioner Sims asked to withdraw his name as he had no interest in serving as Chair or Vice Chair. Motion by Commissioner Smith that the nominations be closed, seconded by Commissioner Streater. Being the only nomination, Commissioner Jones was elected Vice Chairman. Chairman Hildreth asked to depart from the Agenda at this time and recognize and honor two people that served us. He called on Bill Thacker to come forward. Chairman Hildreth presented Mr. Thacker with a plaque honoring him for his outstanding and dedicated service to Anson County, serving as County Commissioner from January 11, 1993 until December 1, 2002. He stated Mr. Thacker took the job seriously and participated in numerous outside activities at the State and Federal level, noting his retirement was a loss for Anson County but wished him well. Chairman Hildreth then called on Michael Livingston and presented him with a plaque for his outstanding and dedicated service to Anson County, serving as County Commissioner from December 1998 through December 2002. Chairman Hildreth then called on County Manager Wease to make a few announcements. County Manager Wease announced that on Thursday, December 12 at 4:00 p.m. at the Health Technology Center at Fayetteville Technical Community College, the Comprehensive Economic Development Strategy Committee would meet. There will also be a public forum that evening at 7:00 p.m. via teleconference at SPCC. He reminded Board members of the annual employees Christmas luncheon scheduled for December 11 at 12:00 Noon in the Ingram Community Room at the Lockhart-Taylor Center. This is to thank employees for another good year of service. Approval of the Agenda by Commissioners: Commissioner Sims asked to move the Appearance of Jeff Cloud to follow the Consent Agenda and before Administrative Matters. Everyone agreed. County Manager Wease added at the end of Administrative Matters as item 6e, discussion of the grant administrator for the Scattered Site Housing Grant. Commissioner Smith asked if it was necessary to discuss this matter tonight with County Manager Wease answering it would be helpful to the grant process. Vice Chair Jones asked if there was any reason Mr. Cloud could not be heard before the Consent Agenda with Commissioner Sims noting it only takes a few moments for the Consent Agenda. Vice Chair Jones asked to remove the Sandhills Mental Health Contract from the Consent Agenda for discussion with Commissioner Sims changing his request and asking to move Mr. Cloud ahead of the Consent Agenda. Motion by Commissioner Lear, seconded by Commissioner Streater, to approve the Agenda with the changes. Motion carried unanimously Presentation- Certificate of Appreciation: James Bennett explained that Kris Morton single handedly responded to the Commissioner’s request to beautify the grounds around the Courthouse. On behalf of the Commissioners, he then presented her with a Certificate of Appreciation for her efforts. Public Hearing – Zoning Ordinance Amendment: Motion by Commissioner Lear, seconded by Vice Chair Jones, to open the public hearing. Motion carried unanimously Ms. Benton noted that in October, Steve Leary requested the Planning Board to amend Section 86 of the Zoning Ordinance to allow hatcheries and meat and poultry processing plants as a conditional use in Light Industrial areas. Light Industrial provides that these uses not be located within 1,000 feet of a residence, Church or school. The Planning Board voted unanimously to approve the request and it is now before this Board for approval. Ms. Benton did note that presently, hatcheries and meat and poultry processing plants are only permitted in Heavy Industrial areas. Commissioner Sims then asked the definition of a meat processing plant, wondering if Valley Protein would fall in this category. Ms. Benton answered that the one in Marshville is considered meat processing. Commissioner Sims commented on the smell coming from the Marshville plant at times and feels 1,000 feet is not far enough from schools and houses. Commissioner Lear voiced that he was not sure meat processing should be permitted in Light Industrial and asked if this was consistent with other counties with Ms. Benton answering it differs in each county. Ms. Benton also noted that hatcheries could most likely be found in Light Industrial while meat and poultry processing plants should be in Heavy Industrial. Commissioner Streater suggested the item be returned to the Planning Board for more information. Commissioner Smith noted there was no problem with the hatchery as the problem was with the other. Commissioner Sims would like to see a more precise definition of what constitutes meat and poultry processing plants, with emphasis being on meat. Commissioner Sims also wants to know where most people put these plants, in Light Industry or Heavy Industry and what are the positives and negatives for each. He would like to know why we are asking for a change and asked that we check around to see the distance used by others between the plant and Churches, schools and houses. Motion by Commissioner Streater, seconded by Commissioner Smith, to close the public hearing. Commissioner Lear stated he would like to open the issue to see if anyone in the audience had anything to say. Commissioner Smith withdrew his second with Commissioner Streater withdrawing his motion. Chairman Hildreth then asked if anyone present would like to address the subject. Bobby Little commented that he felt there was a lot of heavy industry areas around and why crowd the Light Industrial. Vice Chair Jones asked that when Ms. Benton returns, she bring a chart of the county showing where Light Industry is zoned. Motion by Commissioner Streater, seconded by Vice Chair Jones, to close the public hearing. Motion carried unanimously In open session, Chairman Hildreth noted the direction to Ms. Benton is to carry the notes you gained from the discussion and bring the Ordinance back to the Board. Appearances: Jeff Cloud wanted to share with Board members his ideas on the Airport. He feels we will have a great facility there and it will so different that he is afraid some will not know what to expect. The synopsis of Mr. Cloud’s ideas, as presented each Board member, is as follows: In the future, when the value of the airport is pondered, please consider all the ad valorem taxes that are generated by its presence. The taxes generated by the airport go into the general fund and unless an effort is made, their source will be overlooked. These airport- generated taxes do not have some of the costs attached that others do such as schools, social services, police protection and mental health. When issuing leases to improve airport land, please give consideration to a lease that attracts venture capital. Mr. Cloud does not think a lease has been issued but he has seen a copy of a suggested lease that was only for 20 years with no option to renew. He is reasonably sure that the County would find it difficult to provide capital for hangars or other improvements, and if venture capital was not attracted, improvements would be slow in coming and not in the best interest of the County. The argument for 20 years was that the county did not want to inherit dilapidated buildings. The wording of the lease could protect the County. When considering the taxes attributable to the airport, Mr. Cloud asked that we don’t overlook the taxable value of aircraft that good T-hangers would attract. The under utilized airport commission has some valuable information in T-hanger leases. In an effort to get the most mileage from the monies generated for airport improvements, Mr. Cloud feels the surplus should be spent resurfacing the present runway, which will be used as a taxiway to the new runway, and for grading T-hanger sites with access to the taxiway. There are possibilities for hangers on the west side of the old runway. Monies spent thusly would dovetail into attracting venture capital, producing taxable improvements and taxable personal properties. Motion by Vice Chair Jones that the synopses Mr. Cloud is tendering to the Board be included in the minutes. Commissioner Sims commented that he understands Mr. Cloud is saying that the Board should watch out for leases and that we would be better off to use venture capital. Mr. Cloud feels that unless the Board is willing to invest the money for hangers, we would be better off to get someone else to invest. Commissioner Sims noted if this was done, we could then tax the building, real estate, improvements, what is inside the building and the plane with Mr. Cloud agreeing. Mr. Cloud did state that folks from Rock Hill, Concord and other places have inquired about hanger space here in Anson County. Mr. Cloud also explained the hanger lease could require a bond that would cover the building condition at the end of the lease. Commissioner Sims asked if surplus funds could be used for hangers with Mr. Cloud answering that the funds have certain restrictions and cannot be used for hangers, but could be used to grade for hangers. Vice Chair Jones asked Mr. Cloud if his views were reflective of those of the Airport Board with Mr. Cloud answering yes. Vice Chair Jones then asked Mr. Cloud if he could influence the Airport Board to reduce this to writing and transmit to the Commissioners in order to have it in the records. Mr. Cloud noted he would try. Mr. Cloud referred to a conversation he had with David Griffith who runs the Stanly County Airport, where Mr. Griffith asked the responsibility of our Airport Commission. Mr. Cloud answered that they make recommendations only as they have no authority but he feels as the airport grows, the Airport Commission should be given authority to do certain things within limits. Mr. Cloud noted they are knowledgeable and dedicated and he feels they would do a good job. Motion seconded by Commissioner Lear and carried unanimously. Chairman Hildreth thanked Mr. Cloud for his contribution to the project and other areas of the county. Consent Agenda: Vice Chair Jones asked to be heard on item f, the Sandhills Mental Health Contract, at the appropriate time. Commissioner Smith asked the amount of money in the purchase of the ambulances from funds collected. Chairman Hildreth noted item e-Resolution authorizing the Purchase of Ambulances through financing with BB&T and item f-CJP Program Contract with Sandhills Mental Health, would be pulled from the Consent Agenda. Motion by Commissioner Streater, seconded by Commissioner Lear, to approve the Consent Agenda, removing the Resolution Authorizing the purchase of Ambulances and the Sandhills Mental Health Contract for CJP. Motion carried unanimously. Minutes: Approved minutes from regular sessions dated October 29 and November 12, 2002. Tax Releases: Approved as follows: November Tax Releases – Nov 02: Baucom, Claudia F 2001 67.40 Proration Burns, James D 2002 22.35 Value Donathan, Stephen 2002 2.70 Situs Forbes, William M 2002 2.16 Situs Gaddy, Cynthia S 2002 11.79 Value Johnson, Patty 2002 23.48 Situs Kiker, Fincher 2001 31.57 Proration McSwain, Nelson 2001 711.30 Proration Morton, Bobby 2002 57.51 Value Phifer, R Trucking 2002 12.27 Situs Plank Road Realty 2002 160.54 Situs Scott, Anna I 2002 37.80 Value Seigler, William W 2002 16.45 Value Shaw, Gary Jr. 2002 263.48 Situs Skipper, Allen R 2002 36.29 Situs Thomas, Stephanie C 2001 5.88 Proration Yates, Johnny 2001 8.88 Proration Yates, Johnny 2001 14.85 Proration Total $ 1,486.70 Vehicle Tax Adjustments – Nov-02: Donathan,Stephen 2002 0.25 Situs Forbes, William M 2002 0.20 Situs Johnson, Patty 2002 2.44 Situs Plank Road Realty 2002 15.15 Situs Skipper, Allen R 2002 3.36 Situs Total $ 21.40 Vehicle Tax Refunds – Nov 02: Crouch, Hubert L 2001 14.88 Proration Donathan, Billy 2001 42.32 Proration Frost, Patricia 2001 24.15 Proration Lee, Elizabeth D 2001 13.04 Proration Martin, Thomas D 2001 45.01 Proration Ratliff, Eva H 2001 26.70 Proration Tyson, Kevin L 2001 19.40 Proration Walker, Bobbie G 2001 52.43 Proration Total $ 237.93 Property Tax Releases – Nov 02: Alltel Communications 2002 2,776.61 Listing Error Baucom, Elizabeth T 2002 153.57 Sr Exemption Bentley, Mable 2002 520.01 Error Brown, Winnie ET/AL 2002 1,186.14 Listing error CIT Lending Serv. 2002 295.53 Listing error Crawford, John J 2002 792.96 Clerical error Ebenezer Missionary Baptist 2002 318.66 Church exempt Flake, Christine 2002 307.35 Sr exemption Flake, James E 2002 299.01 Exemption Flake, James E 2002 358.48 Exemption Freeman, Thelma 2002 5.07 Gaddy, Thomas A 2002 68.98 Listing error Hedrick BV Gravel 2002 38.83 Value Harmeling, Scott 2002 229.63 Exemption Harmeling, Scott 2002 122.25 Exemption High, Monte B 2002 4.30 Listing error High, Monte B 2002 1,147.02 Listing error Hildreth, Myrtle 2002 36.57 Listing error Hunt, Jannie D 2002 181.72 Value James, Terry A 2002 241.34 Listing error Liles, Mable 2002 200.72 Sr Exemption Lovett, Mongelee 2002 402.74 Double listed Martin, Tony L 2002 800.90 Listing error Moore, Patricia M 2002 114.93 Listing error Moser, Christine 2002 202.37 Listing error Pac-Van In 2002 156.56 Listing error Plank Road Realty 2002 4,078.64 Double listed Rollins, Donald M 2002 54.52 Clerical error Sequeda, Juan R 2002 490.92 Double listed Sequeda, Juan R 2002 527.06 Double listed Sequeda, Juan R 2002 153.25 Clerical Error South Central Oil 2002 55.26 Clerical error Washington, Shelby 2002 184.20 Sr Exemption Watkins, Bertha 2002 128.85 Sr Exemption Wells Fargo Lease 2002 62.35 Listing error Wright, William V 2002 366.75 Listing error Total $ 17,065.05 Budget Report: Report ending 11-22-02 shows we are operating at a deficit for the FY. Most departments are within the budgetary parameters, noting not more than 41% of each budget should be expended thus far. Collections for property taxes will increase in December and hopefully the deficit will decrease. Water and sewer funds are within their established parameters as well. Budget Amendments: The first amendment for $3,000.00 appropriates funding to the Health department for the use of state grant funds for Bio-terrorism Response and Preparedness. AMENDMENT Anson County Budget Ordinance FY 02/03 BE IT ORDAINED by the Anson County Board of Commissioners that they 2002-03 FY Budget Ordinance be amended as follows: Section 1. Expenditures: Increase Health Programs 11-5110-5182 $ 3,000. Total Increase $ 3,000. Section 2. Revenues: Increase Health Programs 11-5100 $ 3,000. Total Increase $ 3,000. Adopted this 3rd day of December, 2002. The next amendment provides $5,000 for the deductible necessary to handle an insurance claim in the Sheriff’s Department. The $49,264 integrates the Criminal Justice Partnership Program’s grant into the general fund budget and the $651,000 appropriates funding for the estimated costs of the Pool Project at Little Park. It was noted that some of this money has yet to be raised. AMENDMENT Anson County Budget Ordinance FY 2002/03 BE IT ORDAINED by the Anson County Board of Commissioners that the 2002/03 FY Budget Ordinance be amended as follows: Section 1. Expenditures: Increase: 11-4310 $ 5,000. Increase: 11-4373 $ 49,264. Increase: 11-6130 $615,000. Total Increase $669,264. Section 2. Revenues: Increase: 11-4110-3800 (Fund Bal Approp) $ 5,000. Increase 11-4373 $ 49,264. Increase 11-6130 $615,000. Total Increase $669,264. Adopted this 3rd day of December, 2002. Resolution Authorizing the Purchase of Ambulances (2) through Financing with BB&T: Commissioner Smith wanted to know the amount of money in reserve that was put towards the purchase of these vehicles. County Manager Wease noted the total cost, being $161,404, was financed for the two ambulances at a rate of 3.03% interest. County Manager Wease noted this FY they budgeted in the EMS appropriations $25,000 to cover the debt service for this project. The method of payment chosen for payments will depend on the cost this Fiscal Year. County Manager Wease noted one option was to pay an annual arrears, which means we will not make a payment until next fall. This will make the total interest payment more over the three-year period but pushes the cost into the next Fiscal Year. Commissioner Smith asked if we receive any revenue from the trips made by the ambulances with County Manager Wease noting the Contract is worded such that we pay the difference between the cost of the operation and the amount of revenue generated. Chairman Hildreth voiced a problem with this arrangement, feeling appropriate incentives are not in place. Commissioner Streater feels we don’t have much choice since the county must provide this service. Chairman Hildreth feels the contract should be written so that we reimburse them 80% of what is uncollected. Vice Chair Jones was of the opinion that while EMS is collecting 49%, the Rescue Squad collects only 15% and he would like to revisit this relationship at a later date. Commissioner Lear asked if there were any competing agencies that we could talk with to provide this service with County Manager Wease noting it could be sent out for bids to see if there were other agencies that could provide this service. County Manager Wease feels another agency will have a tough time competing with the Hospital but feels it could be done. Vice Chair Jones feels there is a healthcare dividend in having one agency from beginning to end but feels we need to make sure we get the best relationship we can and suggested it can be done with the next contract. Chairman Hildreth asked if the Resolution contains a provision for early pay-off without a penalty with Dorothy Tyson answering it probably does. Commissioner Sims feels it important to have the opportunity to pay off the loan without penalty and voiced that if it were not for the desperate situation we are in, we should not even lease. Vice Chair Jones noted this would be called an acceleration clause. Commissioner Smith again asked if there were any revenues coming from ambulance trips that could be applied towards the purchase with Chairman Hildreth answering he feels the revenue flows in the other direction. After discussion, motion by Vice Chair Jones, seconded by Commissioner Streater, to accept the Resolution and to include an acceleration clause in there. Motion carried unanimously Criminal Justice Partnership Program-Contract with Sandhills Mental Health: Vice Chair Jones noted he knows a little about this item and feels this contract calls for us to pay for something we already have. Vice Chair Jones noted the Area Director of Sandhills has no boss except his Board of Directors and all salaries and operating expenses are paid by the State. Vice Chair Jones explained that the General Assembly has said they can keep all the money they generate and it goes into a fund to be spent as their Board dictates. Vice Chair Jones feels most of the money comes from drunk driving convictions. He sees the contract as a way for counties to pay the funds users can’t afford to pay. Vice Chair Jones feels that unnecessary fees are listed in the contract. After discussion, motion by Vice Chair Jones that a committee be appointed to study this thing and report back to this Board at the February meeting. He read his motion as follows: That the Chairman appoint a 5-person committee, consisting of Chairman Jim Sims, which at this point Commissioner Sims voiced that he did not wish to serve. Vice Chair Jones noted he picked Commissioner Sims because he needed someone that would neutralize the committee. Vice Chair Jones amended his motion to put Commissioner Streater as Chairman of the committee consisting of Jim Boylin, Sheriff Tommy Allen, Elizabeth L. Taylor and F. O’Neil Jones, to examine the proposed Sandhills Substance Abuse Contract and report back with the appropriate recommendations to the Board at its regular February meeting. Commissioner Streater noted he is already on the Board and Vice Chair Jones might want someone else to serve with Vice Chair Jones answering he still wants Commissioner Streater to serve. Commissioner Streater noted Sandhills received a $49,000 grant that also can be used for pre-trial hearings that will get folks out of our jail. Motion seconded by Commissioner Streater. Commissioner Sims asked if the grant money was from the State with no county tax dollars with County Manager Wease answering yes. Commissioner Lear inquired if we would lose the grant funds if we waited until February for the report with County Manager Wease answering we have already signed the grant agreement for the substance abuse and pre-trial release program. Motion carried unanimously Administrative Matters: 9-1-1 Master Street Address guide/ 9-1-1 Addressing Ordinance: Each Board member was presented a copy of the revised edition of the addressing guide. Chairman Hildreth noted this constituted the second reading. Merrill Naylor noted this was the final approval of the MSG and once signed, the notification process will start throughout the county. Official notification of addresses will begin in January. Mr. Naylor stated that notice of the process appeared twice in the newspaper to give citizens a chance to look at the map and ask questions. They had seven citizens to come by and only a few mistakes were found. Mr. Naylor did state that approval of the guide does not mean future mistakes cannot be changed. Once the process is implemented, we have a twelve-month warranty from the manufacturer that they will fix any defects free of charge. Commissioner Sims noted penalty for violations calls for a $25.00 fine and if that is not paid, we have a process to follow. He asked if there was a more precise way to cover someone that will not put his or her sign out. Mr. Naylor knows no simpler way than to assess their taxes the cost of the fine. If we have to put the sign up for the homeowner and they take it down, then that becomes a matter to follow legal due process. County Manager Wease understands that if the homeowners does not display the sign, the county will display the sign and send the homeowner the bill. Mr. Naylor noted the sign with the house number has to be visible from the roadway. Commissioner Smith asked if we could make a private individual name their street with Mr. Naylor answering a private street with two or more houses can petition the Board to name the private street. Commissioner Smith asked if citizens who happen to be indigent, renting a home, would be made to display a sign with Mr. Naylor answering it is the responsibility of the property owner to display the house number. County Manager Wease asked the biggest reason for the signs with Ms. Hall answering it is to assist EMS, fire, and law enforcement to find the appropriate house in need of their service. Ms. Hall explained there are one thousand addresses per mile that is GPS backed to assist in locating the residence. Mr. Naylor explained when a call is received at the 9-1-1 Center, the address location flashes on the screen to enable them to direct the emergency vehicle directly to that location. They can also locate the nearest fire hydrant or water point pond and give any needed medical information of the resident. Motion by Vice Chair Jones, seconded by Commissioner Streater, to adopt the Ordinance. Motion carried 5 to 1 with Commissioner Smith opposed. Master Street Addressing Guide (MSAG): Mr. Naylor noted this authorizes him to sign off on all street names and allows no street name changes for three years. Commissioner Lear noted that since this has been properly advertised and made available to the public, he moved to accept the addressing guide. Motion was seconded by Vice Chair Jones. Vice Chair Jones voiced that he feels this is a major step forward for our county and congratulated those involved. Commissioner Smith asked about addresses in the city limits with Ms. Hall answering no changes were made inside the Wadesboro city limits. Wadesboro and Lilesville elected not to participate in the number system as theirs was already established. Commissioner Smith asked what happens with 9-1-1 in Wadesboro with Mr. Naylor answering it will show as it is currently, but if half of a street is wiped out by a storm, we will not be able to tell exactly where a house was located but we can in the county. Motion carried 5 to 1 with Commissioner Smith opposed. Water Project Update-Addition of Project to Priority List: Vance Gulledge presented the information regarding the addition of the Forestville Acres Development water project to the priority list. He presented each Board member with an updated map of the area. Mr. Gulledge referred to the priority list showing the White Store Road and Union Church road projects as the top two. Using the map, he explained both project locations for Board members. They have completed the portion from Turkey Grower Road to the old store site, from Mineral Springs Church Road to the site, the store cross roads to Austin Road and they are about 200 yards from Meltonville Church right now. Mr. Gulledge noted they is about 3.5 miles from there to the end of the project and at that point, White Store No. 1 project will be completed. The Union Church Road project will be the next portion. Mr. Gulledge offered they lack about thirty construction days in completing both projects, but because of weather, have not had any construction days in the past 30 days. Commissioner Sims asked for information on the Monroe-White Store Road project. Mr. Gulledge noted this was number 16 and was never a part of either of the above projects. This project was a result of a request from citizens on the road but the project is too far down on the list to project a start or finish date. There was a discussion of the location of this project. Mr. Gulledge did comment that when the White Store water project was announced, everyone who considers themselves as living in White Store assumed they would be getting county water and that is not the case. Mr. Gulledge offered that project No. 13, Tice Road, is also in the White Store area. Commissioner Sims asked how many feet of pipe are laid in a year with Mr. Gulledge answering between 50 and 75,000. Commissioner Sims felt this was an important issue and wondered if anyone had ever considered a small additional charge per customer in order to contract out and give all county residents water. Mr. Gulledge answered that about three to five years ago they did a study on this and found the cost to be about twenty-five million dollars. Mr. Gulledge noted that currently we have water available to about 80% of the houses in Anson County. Commissioner Sims asked the following of Mr. Gulledge: “We are doing all that we promised the people of White Store in terms of waterlines, plus, since we had that flow problem, we added additional lines plus a water tank and we are not leaving until that is finished, is that correct.” Mr. Gulledge answered that is right and that the water tank will be a contracted job with the location still to be determined but probably somewhere close to highway 109. Mr. Gulledge noted the Forestville Church project was not a part of the priority list and he is asking for a Resolution to add it to the list after Little Farm Extension, as priority 7. He again explained this project is due to the fact that DOT wants to take over the maintenance of the road and they are requiring that we move the water lines. The water department has received tentative approval from the State water quality section to run a temporary two-inch line around the road on top of the ground, connect all the customers and then plow up all the individual customer waterlines. This will be handled by a small crew and will not require flagmen and will not affect the other priority projects. Commissioner Streater asked if project numbers 4 and 5 would still be around the spring of the year with Mr. Gulledge answering they will come in line right behind the other projects. Commissioner Sims understands no one will lose their place or time by adding this small project. Motion by Commissioner Lear, seconded by Commissioner Sims, to approve the Resolution pending DOT’s acceptance of this road project. Commissioner Smith noted he would not move to put this project ahead of other folks with Mr. Gulledge stating he is just asking for authorization to construct. Commissioner Sims feels Commissioner Smith may have a good point to not give this project a priority just authorize the construction of the project when appropriate. Commissioner Lear noted the Resolution just states that the project is added to the list without a specific position and it gives these citizens an opportunity that they have not had before to get their road paved. It has not been on a list before because the paving of the road has not been an issue until now. Commissioner Lear stated his motion is to approve a Resolution to complete this project pending approval of DOT in accepting this road. Commissioner Smith asked the motion with Chairman Hildreth answering the motion was to authorize Mr. Gulledge and his water department to install the water line in the Forestville Acres Subdivision in parallel with their other work. Commissioner Smith again asked the motion with Commissioner Lear noting the motion is to approve the Resolution to have our water department do this work without affecting the timeline of any other projects on our priority list so that these folks can have their road paved by DOT, and pending approval of DOT to accept this road project. Motion carried 5 to1 with Commissioner Smith opposed. Chairman Hildreth called for a ten-minute break. Commissioner Smith asked the Board to discuss their responsibility in filling the vacancy created by the retirement of Commissioner Thacker. Motion by Commissioner Smith, seconded by Commissioner Sims, to address at this time, the filling of the vacancy created by the retirement of Commissioner Thacker. Motion carried unanimously. Chairman Hildreth explained the issue had been addressed at the last Board meeting and he wrote a letter to Dannie Montgomery asking for a recommended candidate from the Democratic Party to fill this position. Ms. Montgomery acknowledged receipt of the letter and faxed to Chairman Hildreth a copy of the advertisement that will appear in tomorrow’s paper. They have scheduled a precinct meeting for December 14 to review candidates with the Executive meeting being held December 17. A vote will take place on December 17 and it is their intent to submit their recommendation to this Board by December 18. Commissioner Sims asked if we were to have candidates and a split three-three vote, would the decision then go to the Clerk of Court with Vice Chair Jones answering yes and he has sixty days to rule. Commissioner Smith asked the effective date of Mr. Thacker’s resignation with Chairman Hildreth answering December 1. Commissioner Smith favored naming a replacement now with Vice Chair Jones feeling that without waiting on the recommendation of the Democratic Party, this Board runs the risk of being sued. Commissioner Smith was of the opinion that the General Statutes read such that this Board names the replacement and therefore, nominated Mr. Jarvis Woodburn to fill the unexpired seat of Bill Thacker in District 6. Motion by Commissioner Streater, seconded by Vice Chair Jones, to close the nominations. Commissioner Sims favored giving the Democratic Party a chance to make a recommendation. County Attorney Randall noted she had talked with an Attorney at the Institute of Government who stated we need to give the Party a reasonable amount of time to make a recommendation. She advised that the Board has to consult them but they do not have to agree with the Party’s recommendation. After much discussion of the issue, Chairman Hildreth called for a vote on the motion. The motion failed 3 to 3 with Commissioner Lear, Commissioner Sims and Chairman Hildreth opposed. Vice Chair Jones commented that the nominations were still open and Mr. Woodburn was still on the table and others could be made at this time. Chairman Hildreth noted the floor had not been opened for nominations but one had been made from the floor. At this point, Vice Chair Jones nominated Jarvis Woodburn and Mike Livingston. Commissioner Sims felt this was truly a case of putting the cart before the horse with the Board voting on the next member while the Democratic Party is in the process of making a recommendation. Motion by Vice Chair Jones that his nominations be stricken at this time. Then Vice Chair Jones made a motion that the consideration of the replacement in this District for Mr. Thacker’s seat, District 6, that it be postponed until the next meeting. Motion seconded by Commissioner Lear. Commissioner Smith was of the opinion that this motion was totally out of order and asked this to be reflected in the record. Commissioner Smith was of the opinion the nominations had been closed with Chairman Hildreth explaining the motion did not carry. Motion to postpone until the next meeting failed 3 to 3 with Vice Chair Jones, Commissioner Streater and Commissioner Smith opposed. Motion by Vice Chair Jones, seconded by Commissioner Streater, to nominate Jarvis Woodburn and Mike Livingston. Motion by Vice Chair Jones, seconded by Commissioner Streater, to close the nominations. After much discussion, Chairman Hildreth called for a vote on the motion to close the nominations. Motion failed 3 to 3 with Chairman Hildreth, Commissioner Sims and Commissioner Lear opposed. Tom Thacker referred to the sixty-day period the Board has to name a replacement or the matter goes before the Clerk of Court and asked what started the sixty-day period. County Manager Wease noted it started December 1, which was the date of Mr. Thacker’s resignation. If this Board does not reach a consensus on the person to fill the vacancy, the Clerk of Court then has 10 days to fill the vacancy. Motion by Commissioner Lear, seconded by Commissioner Sims, to table the matter and move on to item 7c. Chairman Hildreth stated if this motion passes, it will leave the two nominations on the table for consideration at the next meeting. Vice Chair Jones asked the Chair if this was not a redundant motion that in substance really passes on an issue that has already been voted on. The effect of tabling this matter to a time specific is the same motion as the one made to continue. Commissioner Lear felt it may not be the same as they may revisit the issue after item 7c. Vice Chair Jones was of the opinion Commissioner Lear tabled the matter until a time specific. Vice Chair Jones voiced that tabling the motion, in order to bring it from the table at a subsequent meeting, would need a 2/3 vote, meaning five members would have to vote on the matter. At this point, Commissioner Lear withdrew his motion and Commissioner Sims withdrew his second. Motion by Vice Chair Jones, seconded by Commissioner Lear, to proceed on with the Agenda. The two nominees are still before the Board and the power to fill the vacancy still lies with this Board. Motion carried 4 to 2 with Commissioner Streater and Commissioner Smith opposed. Commissioner Smith asked while he was present, and feeling the issue might be somewhat directed at him, to discuss the compensation to Commissioners. Chairman Hildreth stated the meeting would continue following the Agenda as presented. Chairman Hildreth called for a five-minute break. It is noted that Commissioner Smith left the meeting during the break and because a vote was not taken to excuse Commissioner Smith, he will be counted as voting in the affirmative from this point on. After the break, the next item of discussion was Bid for Chevy: Motion by Vice Chair Jones, seconded by Commissioner Lear, to accept the bid of $217.00 for the 1987 Chevrolet Caprice. Commissioner Sims asked that the record reflect this is an older car in poor condition with high mileage. Commissioner Lear asked if this was the only bid received with County Manager Wease answering yes. Motion carried unanimously Announcements-May Day Festival: James Bennett mentioned that Michael Livingston had proposed the 250th birthday celebration in 2000 and it was such a big success, that Mr. J.B. Watson has proposed an annual festival similar to a county fair. Mr. Bennett noted the committee is looking at three possible sites, that being the Airport, Little Park and the Refuge. The following names were presented as the committee working on the festival: Rev. Priscilla Durkin, Richard Melton, Paul Ricketts, Winnie Bennett, Lynn Horton, Sue Newton, Joe Estridge, Richard Harrington, Diane Timmons, Theodore Carr, Tim Carpenter, Cliff Martin, Mark Bennett, Fred Sparger, Bernice Bennett, Joanne Huntley, Marlene Richardson, J.B. Watson, Rev. Jeannett Monroe, Dr. Fred Senter, Leon Gatewood, Janine Rywak, Ellen Huntley, Tony Wood, Dr. Fred Thompson and Dr. Don Altieri. Mr. Bennett mentioned that County Manager Wease received a letter from the NCACC requesting an ornament for the Christmas Tree displayed in Raleigh. Gail Pegram of Wade Street Originals, designed and donated an ornament for us to send and he asked everyone to help in thanking her for the donation. He also mentioned the catalog given each Commissioner wherein they are to select a Christmas gift, courtesy of the County. All county employees are being given the same catalog and he asked that all selections be returned to him by December 16. Scattered Housing Grant: County Manager Wease mentioned the Grant, which is totally funded by the State Community Development Block Grant Association, is in the amount of $400,000 for the scattered site housing. Improvements are proposed in almost every area of the community. County Manager Wease noted a committee has been appointed to review and score each applicant for the Grant Administrator position but he has not received all the results. The deadline for the grant is in January and in order to receive the grant it will be necessary to approve the administrator in a timely manner. County Manager Wease asked Board members to consider approving the applicant that scores the highest as the Administrator. Committee members are Chairman Hildreth, Commissioner Streater, Joe Dutton, Ellen Huntley, Marvin Deese, Lynn Horton, James Bennett and Chris Wease. Motion by Vice Chair Jones, seconded by Commissioner Streater, to appoint the applicant scoring the highest as the Grant Administrator. Motion carried unanimously Appointments: Library Board: Motion by Commissioner Lear, seconded by Commissioner Sims, to approve the appointment of Johnnie Pettiford to fill the vacancy created by the resignation of Mary Bennett Little. Vice Chair Jones voiced that this is a great lady with energy, imagination and he could not find a better person in the county to serve on this Board. Motion carried unanimously Criminal Justice Partnership Board: Vice Chair Jones said when comparing this list with prior boards, he finds there is no at-large representation. He suggested this is not in compliance with the Statute and numbers (15), (14) and (13) have not been addressed in the list submitted. Vice Chair Jones voiced that he hoped the County Manager would suggest to Mr. Boylin that this Board would like for him to complete the committee with additional appointments. Vice Chair Jones feels it is good for the public and the people at large to be on these boards and not just the people in the business. Motion by Vice Chair Jones to have the County Manager suggest to Boylin that he give this Board such additional nominations as would be necessary to fill it out. Chairman Hildreth noted that was from categories (13), a member of the business community, (14) a member of the community who has been a victim of a crime and (15) members at large, including persons who are recovering from chemical dependency or are previous consumers of substance abuse treatment services. Commissioner Streater feels number (6) a criminal defense attorney and number (7) a public defender, are not represented on the list. County Manager Wease noted the Statute says not less than ten members to the greatest extent possible including the following and he feels it does not have to include all but some. Vice Chair Jones asked that County Manager Wease call his attention to this and have him place some at large folks on this Board. Commissioner Lear suggested the appointment of Bobbi Little from the Lilesville area and employed with the Anson County Schools to this Board. Board members agreed to the appointment of Ms. Little to this Board. Appointees are as follows: James Bennett, Lisa Thacker, Russel Scarborough, Jim Boylin, Tim Rogers, Bobby Usrey, Kay Ratliffe, Cathelean Little, Michael Beale, Tommy Allen, Sandra Ricketts, Ross Streater and Judy Smith. Motion seconded by Commissioner Lear and carried unanimously. ACTS Advisory Board: Chairman Hildreth noted this was an effort to get a rider as a member of this Board. Motion by Commissioner Lear, seconded by Commissioner Sims, to approve the appointment of Ms. Lena Tanner to the ACTS Advisory Board. Motion carried unanimously Anson County Board of Health: Chairman Hildreth noted this needs to be a Commissioner and is a replacement for Michael Livingston. Commissioner Sims suggested waiting to see if the new Commissioner might be willing to serve. Commissioner Sims suggested holding this appointment, along with Centralina COG, until there is a full Board. Vice Chair Jones noted he would not object to an appointment to the Mental Health Board. Motion by Commissioner Lear, seconded by Commissioner Streater, to appoint Vice Chair Jones to the Mental Health Board. Motion carried unanimously NCACC Voting Delegate: Motion by Commissioner Sims to appoint Chairman Hildreth and the necessary expenses for his service be provided from the Commissioner’s budget. Commissioner Lear mentioned he has taken an interest in some of the issues raised and would like to go at no expense to the county. Chairman Hildreth noted he would accept the assignment but if someone else wanted to go that would be alright. Commissioner Sims then withdrew his motion. Motion by Commissioner Sims, seconded by Vice Chair Jones, to appoint Commissioner Lear the voting delegate. Commissioner Streater was of the opinion that both men could attend the meeting. Commissioner Lear noted he has been serving on the Public Education Steering Committee for the NCACC and his eyes have been opened to the way other Boards operate and he is pleased that the Board of Education and the Board of Commissioners get along so well. There is interesting legislation being proposed to be lobbied and he will be glad to share information learned with this Board. Motion carried unanimously. Chairman Hildreth noted he serves on the State Tax and Finance Committee and he’s been asked by the NCACC to represent Anson County on the NC Risk Management Poole Committee. Mr. Thacker served on this committee and Chairman Hildreth asked if anyone had a problem with this. Motion by Vice Chair Jones, seconded by Commissioner Sims, to approve. Commissioner Sims feels when someone is appointed for a specific situation then reasonable expenses should be covered through our budget. Motion carried unanimously Commissioner Concerns: Chairman Hildreth noted that in the process of developing the budget, and in trying to take appropriate steps to curtail expenses and operate efficiently, it was addressed that County Commissioners would get paid for meetings attended. Commissioners would be required to attend the regularly scheduled monthly meeting with one paid absence. At the last meeting, he asked the Clerk to look at the General Statutes and report back with amended Rules of Procedure to cover how to compensate Board members in this manner. He referred to the report that was included in the Agenda. Chairman Hildreth referred to the comment from Fleming Bell where his opinion is that Commissioner’s salary could only be set in the annual budget Ordinance. Chairman Hildreth noted the Board did not intend to set Commissioner’s salary as the monthly enumeration did not change, it was just basically paying for meetings attended. Commissioner Sims commented that being a Commissioner is a diversified job and is not limited to one meeting. There is a great deal of reading, communication with constituents and other things that you have to attend. Commissioner Sims noted the focal point is the regular meeting where most of the business is carried out and he would not want to go beyond the regular meeting nor would he want to determine if someone’s absence should be approved or not. Vice Chair Jones feels that some reasons like death or illness would be fully justifiable and feels some exception needs to be made. He then asked that the Board consider, along with or maybe in place of the current proposal, General Statute 14-230, which says that if any Clerk of any Court of record, Sheriff, Magistrate, County Commissioner of any county shall willfully omit, neglect or refuse to discharge any of the duties of his office, for default whereof it is not elsewhere provided that he shall be indicted, he shall be guilty of a Class One misdemeanor. If it shall be proved that such officer, after his qualification, willfully and corruptly omitted, neglected or refused to discharge any of the duties of his office, or willfully and corruptly violated his oath of office according to the true intent and meaning thereof, such officer shall be guilty of a misbehavior in office and shall be punished by removal therefrom under the sentence of the court as a part of the punishment for the offense. Commissioner Sims noted he was not interested in that Statute as it far exceeds anything this Board is talking about. Vice Chair Jones suggested the Board consider creating an Ordinance that says that if any Commissioner misses three in a row, four in a row, then at that time the County Manager shall report said facts to the Sheriff and the Sheriff shall take such action under this Statute as he deems appropriate. That is to say we will set up a rule that no one has any discretion over and if all of a sudden Jones misses three times, at the third time the County Manager has no discretion, he has to turn Jones’s name in to the Sheriff and the Sheriff has to do his duty. Vice Chair Jones was of the opinion this was not tight, but if you do it, you run the risk of losing your job. Vice Chair Jones feels it is an honor to be a Commissioner and it means that we have a duty to the people and a duty to do a job. It is emphasized by the fact that the General Assembly made it a crime to take your money and not do it. While the Board is considering what to do with any people that might be negligent in attendance, we ought to consider this Statute and a practical way to utilize it. Commissioner Sims asked what was more practical that getting paid when you come and not getting paid when you don’t come. Vice Chair Jones suggested doing both. Vice Chair Jones just wants to get everyone to come to all the meetings as he feels everyone present tonight made a contribution to the meeting and as a part of the county he wants everyone to come and participate. He may consider drafting a proposed Ordinance for consideration. Chairman Hildreth stated the particular set of minutes of that meeting were not appended to the Budget Ordinance and it was not a specific statement, and other decisions were made in budget meetings and it was the intent that the results of such actions be reflected in the results of the budget. The ruling from Fleming Bell was that the salary can only be set in the annual budget and he feels that is a per month figure or a bi-weekly. Motion by Commissioner Sims to continue discussion of this at the next meeting and he asked the Clerk, Ms. Huntley, if she would contact no less than one dozen other counties and ask how they handle absences and maybe if they have something in writing to send to the Board. Vice Chair Jones noted when drafting his Ordinance, he will define an excused absence. Motion seconded by Vice Chair Jones. Chairman Hildreth stated that Commissioner Smith felt this may be directed at him and noted that Commissioner Smith makes a contribution at every meeting he attends and wished he would attend as many as possible. Motion carried unanimously Vice Chair Jones stated for the record, that he understands a Commissioner gets $100.00 a month for travel. He will walk back and forth to the Courthouse and if it is not a problem, he would like NOT to receive the $100.00. If he ever has an expense, he would like to have the privilege of applying for and be reimbursed not over a $100.00 a month. Chairman Hildreth noted that at the last meeting he asked Board members to consider setting a calendar as firmly as possible through the next year. Meetings are normally the first Tuesday night of each month at 6:00 p.m. in this location and asked members to take a look at this. Commissioner Lear stated he would bring his school calendar to the next meeting with Chairman Hildreth asking Board members to look ahead to see if there are any conflicts with meeting dates for the next year. Chairman Hildreth stated indications were the Board would receive a response from the Democratic Party with a nominee to fill Mr. Thacker’s unexpired term on or about December 18th. He asked if Board members would like to recess this meeting and reconvene the 20th or 23rd to address filling this position. Board members agreed there was no need to do this before the January meeting. Chairman Hildreth mentioned the next meeting would be January 7, 2003 at 6:00 p.m. in this location. At this point, Chairman Hildreth mentioned a technical concern that needed to be addressed. The meeting opening took a little different direction and we failed to address the swearing in of two Board members. He noted that Vice Chair Jones was sworn in on Monday, December 2, 2002 and we need to stop and swear in Commissioner Lear and Commissioner Sims. At this point, the Clerk to the Board administered the Oath of Office to Commissioner Lear and Commissioner Sims. After the swearing in, motion by Vice Chair Jones, seconded by Commissioner Streater, that all votes and actions taken by Mr. Sims and Mr. Lear during this meeting be hereby ratified and included in the minutes as if the Oath had been rendered at the beginning of the meeting and he asked that the rules be suspended to the extent necessary to cause that to take effect. Motion carried unanimously. Motion by Commissioner Sims, seconded by Commissioner Lear, to go into closed session pursuant to N.C.G.S. 143-318(a)(6) to hear or investigate a complaint, charge or grievance by or against a public officer or employee. Vice Chair Jones asked if any charge or complaint had been filed with the County to which County Manager Wease answered no. Vice Chair Jones commented that he is really tough about secret meetings and will be very tough about going by the rules. He announced that he is weird about this and will have no problem sharing with the public and press the contents of such closed meetings when he feels it is being abused. Commissioner Sims asked if he would forewarn the Board before going public and he said he would give the Board a chance for an open meeting on issues he feels do not constitute closed meetings. Commissioner Sims then asked Vice Chair Jones if he would keep closed session material private as long as it is valid and he agreed. Motion carried unanimously Motion by Vice Chair Jones, seconded by Commissioner Lear to go out of closed session. Motion carried unanimously In regular session, Chairman Hildreth asked for any comment from the closed session with Vice Chair Jones of the opinion there was no need to go on record on what was discussed in closed session. Motion by Commissioner Sims, seconded by Commissioner Lear, to adjourn. Motion carried unanimously Respectfully submitted: Bonnie M. Huntley, CMC Clerk to the Board Meeting time: 4 hrs.
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