Subjects

CDBG-03-P-1169

CDBG 03-E-1181

CDBG 04-C-1237

CDBG 05-I- 1385

CDBG Scattered Site Grant

Board of Equalization & Review

MHS Wrestling Team

MHS Women's Basketball Team

Medical Services Delivered

One Percent Land Transfer Tax

Forever Preserved Heritage

WAMY Community Block Grant

Purchasing Policy

Garry Cooper

Revaluation Request

Pay Plan

CJPP Grant

Mitchell County Soil and Water Conservation District

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Mitchell County Commissioners
Minutes, Regular Session
March 5, 2007

NORTH CAROLINA
MITCHELL COUNTY

The Mitchell County Board of Commissioners met in regular session on March 5, 2007 at 6:00 p.m. in the Courtroom, Mitchell County Courthouse, Bakersville, NC. Those present for the meeting were Phil Byrd, Chairman; Lisa Sparks, Vice-Chairman; Mike Hensley, Member; Patrick Phillips, Member; Jim Saylor, Member; Phil Castro, Interim County Manager and Kathy Young, Clerk to the Board. Also present were Hal Harrison, County Attorney; Mavis Parsley, Finance Officer; Donny Wisor, Reporter with the Mitchell News-Journal and Steve Murphy, Reporter with WKYK/WTOE Radio Station.

  1. CALL TO ORDER – Chairman Byrd called the meeting to order at 6:00 p.m.

  2. INVOCATION – Mayor Vines gave the invocation.

  3. PLEDGE OF ALLEGIANCE – The Mitchell High Wrestling Team led the Pledge of Allegiance.

  4. ADDITIONS OR CHANGES TO THE AGENDA

  5. ADOPTION OF AGENDA – Commissioner Saylor moved to adopt the Agenda. Commissioner Sparks seconded the motion and it carried unanimously.

  6. CHAIRMAN’S COMMENTS

  7. PUBLIC HEARINGS/MEETINGS

    1. Closeout of CDBG 03-P-1169 – Chairman Byrd stated the purpose of the Public Hearing was to close out CDBG 03-P-1169. Chairman Byrd called the Public Hearing on the Closeout of CDBG 03-P-1169 to order at 6:10 p.m.

      No written or public comments were received.

      Chairman Byrd closed the Public Hearing at 6:11 p.m.

    2. Closeout of CDBG 03-E-1181 – Chairman Byrd stated the purpose of the Public Hearing was to close out CDBG 03-E-1181. Chairman Byrd called the Public Hearing on the Closeout of CDBG 03-E-1181 to order at 6:12 p.m.

      No written or public comments were received.

      Chairman Byrd closed the Public Hearing at 6:13 p.m.

    3. Closeout of CDBG 04-C-1237 - Chairman Byrd stated the purpose of the Public Hearing was to close out CDBG 04-C-1237. Chairman Byrd called the Public Hearing on the Closeout of CDBG 04-C-1237 to order at 6:14 p.m.

      No written or public comments were received.

      Chairman Byrd closed the Public Hearing at 6:15 p.m.

    4. Amendment to CDBG 05-I-1385 - Chairman Byrd stated the purpose of the Public Hearing was to amend CDBG 05-I- 1385. Chairman Byrd called the Public Hearing to order at 6:15.

      No written or public comments were received.

      Chairman Byrd closed the Public Hearing at 6:18 p.m.

      Commissioner Hensley moved to approve the amendment to CDBG 05-I-1385 to purchase a generator for the Town of Bakersville and for line improvement. Commissioner Sparks seconded the motion and it carried unanimously.

    5. Submission of a CDBG Scattered Site Grant Application - Chairman Byrd stated the purpose of the Public Hearing to receive public comments on the submission of a CDBG Scattered Site Grant Application. Chairman Byrd called the Public Hearing to order at 6:19.

      No written or public comments were received.

      Chairman Byrd closed the Public Hearing at 6:20 p.m.

    6. Dates for Board of Equalization and Review – Commissioner Sparks moved to approve the following schedule and members for the Board of Equalization and Review. Commissioner Phillips seconded the motion and it carried unanimously.

      April 4, 2007 9:00 a.m. to 5:00 p.m.

      April 5, 2007 5:00 p.m. to 8:00 p.m.

      April 6, 2007 9:00 a.m. to 5:00 p.m.

      The members of the Board of Equalization and Review are as follows:

      Mike Hensley Chairman

      Jim Saylor Member

      Lisa Sparks Member

  8. RESOLUTIONS/ORDINANCES/PROCLAMATIONS

    1. MHS Wrestling Team Resolution – Chairman Byrd presented the MHS Wrestling Team Resolution to James Owings (a copy is here attached and becomes a part of the minutes).

    2. MHS Women’s Basketball Team Resolution - Chairman Byrd presented the MHS Women’s Basketball Team Resolution to Amber Young (a copy is here attached and becomes a part of the minutes).

    3. Resolution Concerning Medical Services Delivered Pursuant to a Home and Community Based Services waiver and Guardians Serving as Residential Providers – Mary Thomas provided the Board with her concerns if they did not approve the resolution.

      Commissioner Sparks moved to adopt the Resolution Concerning Medical Services Delivered Pursuant to a Home and Community Based Services waiver and Guardians Serving as Residential Providers.

    4. Resolution Seeking Introduction and Approval of Legislation Authorizing Mitchell County the Option to Levy a one Percent Land Transfer Tax – Commissioner Phillips moved to table any action on this item until more information was available. Commissioner Hensley seconded the motion and it carried 4 to 1. Commissioner Sparks opposed the motion.

    5. Forever Preserved Heritage – Commissioner Sparks moved to approve the Forever Preserved Heritage Resolution (a copy is hereby attached and becomes a part of the minutes). Commissioner Phillips seconded the motion and it carried unanimously.

  9. REPORTS/PRESENTATIONS

    1. Second Quarter Fiscal Monitoring Report for the Western Highlands Network – Finance Officer Parsley informed the Board it was a requirement for this report to be included in the minutes (a copy is hereby attached and becomes a part of the minutes).

    2. Historic Courthouse Committee Report – Dr. Barron provided the Board with an update on the Historic Courthouse. A copy of the report is hereby attached and becomes a part of the minutes.

  10. PUBLIC COMMENT PERIOD – Carl Braswell spoke about the 3 to 2 votes by the Board.

    Mignon Durham asked the Board to reconsider having public comments after each item as they were discussed. She expressed concern over the Land Transfer Tax and the Forever Preserved Heritage Resolution.

    Dr. Carroll informed the Board that Toe River Valley Watch is doing water quality testing.

  11. ITEMS FOR DISCUSSION

    1. WAMY Community Block Grant Application – Commissioner Saylor moved to approve the WAMY Community Block Grant Application (a copy is hereby attached and becomes a part of the minutes). Commissioner Hensley seconded the motion and it carried unanimously.

    2. Purchasing Policy – Discussion was held on developing a Purchasing Policy. By consensus the Board agreed to table this item until they begin the budget process.

    3. Presentation from Dr. Garry Cooper – Discussion was held concerning having Dr. Garry Cooper attend the April 2, 2007 Commissioner’s Meeting.

      By consensus the Board agreed to have Dr. Cooper at the next regular meeting.

    4. Revaluation Request for Proposals – Attorney Hise recommended the firm of Wampler & Eanes to do the reappraisal for Mitchell County. Commissioner Sparks moved to approve the Wampler & Eanes bid of $18.50 per parcel. Commissioner Hensley seconded the motion and it carried unanimously.

      Commissioner Saylor moved to allow Chairman Byrd to sign the contract with Wampler and Eanes. Commissioner Hensley seconded the motion and it carried unanimously.

    5. Pay Plan – Discussion was held concerning the Merit with Experience Pay Plan. Commissioner Sparks moved get prices for a Comprehensive Pay Classification Study for the next regular meeting. Commissioner Phillips seconded the motion and it carried 3 to 2. Commissioners Hensley and Saylor opposed the motion.

    6. CJPP Grant Application – Commissioner Hensley moved to approve the CJPP Grant Application (a copy is hereby attached and becomes a part of the minutes). Commissioner Sparks seconded the motion and it carried unanimously.

    7. Operational Agreement Between the United Stated Department of Agricultural Natural Resources Conservation Services and the Department of Environment and Natural Resources-Division of Soil and Water Conservation and the Mitchell County Soil and Water Conservation District and Mitchell County, North Carolina – Commissioner Hensley moved to approve the Operational Agreement Between the United Stated Department of Agricultural Natural Resources Conservation Services and the Department of Environment and Natural Resources-Division of Soil and Water-Conservation and the Mitchell County Soil and Water Conservation District and Mitchell County, North Carolina (a copy is hereby attached and becomes a part of the minutes). Commissioner Saylor seconded the motion and it carried unanimously.

  12. APPOINTMENTS

    1. Criminal Justice Prevention Program (CJPP) Appointments – Commissioner Saylor moved to approve CJPP Appointments (a copy is hereby attached and becomes a part of the minutes). Commissioner Phillips seconded the motion and it carried unanimously.

  13. RELEASES/REFUNDS

    1. Releases/Refunds for Board Approval – Commissioner Sparks moved to approve the Releases/Refunds for Board Approval (a copy is herby attached and becomes a part of the minutes). Commissioner Hensley seconded the motion and it carried unanimously.

    2. Releases/Refunds for County Manager Approval – A copy of the Releases/Refunds for County Manager Approval is hereby attached and becomes a part of the minutes.

  14. COUNTY MANAGER’S REPORT

    1. Date for Secondary Road Hearing – By consensus the Board set the date for the Secondary Road Hearing as April 2, 2007 at 5:00 p.m.

    2. DENR – Interim County Manager Castro informed the Board about possible legislation to charge $2 per ton for garbage.

    3. Tax Assessor – Interim County Manager Castro informed the Board that Darlene Burleson was retiring he needed permission to bring in contract labor. By consensus the Board agreed to allow Interim County Manager Castro the authority to use contract labor as needed.

    4. Applications – Interim County Manager Castro informed the Board that we had 5 applications for County Manager and 4 applications for Tax Assessor. By consensus the Board agreed to meet in Closed Session on March 13, 2007 at 5:00 p.m. to review the applications.

  15. BOARD COMMENTS - None

  16. CLOSED SESSION - None

  17. ADJOURNMENT – Commissioner Hensley moved to adjourn the meeting.Commissioner Sparks seconded the motion and it carried unanimously.

    The meeting adjourned at 8:30 p.m.

MITCHELL COUNTY BOARD OF COMMISSIONERS

Phil Byrd, Chairman

Lisa Sparks, Vice-Chairman

Mike Hensley, Member

Patrick Phillips, Member

Jim Saylor, Member

ATTEST:

Kathy Young, Clerk to the Board