Minutes are assorted with the most recent first

December 10, 2001 Regular Session

The Swain County Board of Commissioners held their monthly Regular Session December 10, 2001. Present were Chairman Douthit, Vice-Chair Monteith, Commissioner Ensley and Commissioner Greene. Commissioner Waldroup was called out.

Call to Order

Chairman Douthit called the meeting to order. Commissioner Ensley led with prayer and Commissioner Greene led the pledge.

Adjustment of Agenda

Commissioner Greene made a motion to adjust the agenda to better facilitate the meeting. Vice-Chair Monteith seconded the motion. A vote was unanimous.

TDA Report

Dick Schaddelee gave an overview of TDA and Chamber of Commerce activities. Mr. Schaddelee also presented the Board with the TDA Budget and display of ads.

Consider approval of grant application for renovation of Indoor Recreation Facility

This issue was tabled.

Notice of intent to adopt a resolution for abandonment of .5 mile of Wesser Creek Road and request for public comment

Chairman Douthit called on Linda Cable to explain this issue. Ms. Cable relayed the Board had received a request to adopt a resolution for abandonment of .5 mile of Wesser Creek Road. A Public Notice of this request was placed in the Smoky Mountain Times asking for public comment. Jonathan Woodard, DOT, was present to explain the process. David Ennis and Barbara Hart were present in opposition to the abandonment stating this road provided access to Forest Service land and excellent walking trails. Both will submit written statements.

Review of Jail Inspection Report

Following the review of the Jail Inspection Report, Curtis Cochran relayed to the Board the requested repairs to the jail wall had been made. Tapper proof screws had been ordered once again. He further noted painting of the showers would be done as soon as possible. Chairman Douthit requested Linda Cable talk with the Sheriff regarding pressing charges on inmates responsible for damages. For additional information on the jail inspection, please see the written report.

Discussion of part time position in Building/Grounds Department

The Board agreed to an available part time position consisting of 20 hours per week for the Building and Grounds Department.

Consider approval of proposal for future provision of Prenatal Service in Swain County

Linda White, Health Director, requested the Board consider approval of proposal for future provision of Prenatal Service in Swain County. Ms. White noted the target date is January 7. Commissioner Ensley made a motion to approve proposal as presented. Vice-Chair Monteith seconded the motion. A vote was unanimous.

Consider approval of the S.C. Health Fee Policy

Linda White requested the Board consider approval of the Swain County Health Fee Policy. Vice-Chair Monteith made a motion to approve the fee policy adding debt write off. Commissioner Greene seconded the motion. A vote was unanimous.

Approval of plan to move forward with the purchase of Swain Medical Center

Chairman Douthit made a motion to approve plan to move forward with the purchase of Swain Medical Center and the purchase of land. Commissioner Greene seconded the motion. A vote was unanimous.

Approval of Minutes

Commissioner Ensley made a motion to approve minutes of the November 05 Governor’s Island Sewer District Meeting, November 05 Public Hearing, November 05 Regular Session and November 26 work session.. Vice-Chair Monteith seconded the motion. A vote was unanimous.

Tax Department Report

Jean Morgan, Tax Administrator presented a report to the Board for the month of November. Ms. Morgan reported Ad-Valorem tax receivable at $2,429,226.70. Total prior year tax collections were $10,092.09. There was $221,522.07 collected for the month. Total collections year to date were $940,726.56. Ad-Valorem tax collections were $211,429.98. The tax collection percentage year to date was 35.80%. Total releases were $151,536.50, total discoveries were $718.45 and total refunds were $115.92. Commissioner Greene made a motion to approve the report as presented. Commissioner Ensley seconded the motion. A vote was unanimous.

Finance Officer’s Report

Kevin King, Finance Officer, presented a report the Board for the month of November. General fund revenues year to date were $2,482,076.34 which represents approximately 36.14% of the budgeted estimated revenues for the fiscal year. Mr. King reported expenditures year to date were $2,401,504.28. Commissioner Ensley made a motion to approve this report as presented. Commissioner Greene seconded the motion. A vote was unanimous.

GASB 34 Implementation

Kevin King requested the Board adopt a threshold of $2,500 for the general fixed assets list for the county. He explained the GASB 34 implementation would be in full effect for our county by 2006. This action is Phase 1 of 3 phases. Commissioner Greene made a motion to adopt a threshold of $2,500 for the general fixed assets list. Commissioner Ensley seconded the motion. A vote was unanimous.

Health Department Budget Amendment

Vice-Chair Monteith made a motion to approve the Health Department’s Budget Amendment. Commissioner Ensley seconded the motion. A vote was unanimous.

Consider adoption of a resolution supporting construction of the North Shore Road

With Chairman Douthit, Vice-Chair Monteith and Commissioner Ensley voting aye the Board agreed to adopt a resolution supporting construction of the North Shore Road. Commissioner Greene voted against the adoption requesting the Board hold for further discussion at a work session with the full Board present. Commissioner Waldroup was absent.

Old Business

There was no old business at this time.

Adjournment

There being no further business to discuss at this time, Commissioner Greene made a motion to adjourn. Vice Chair Monteith seconded the motion. A vote was unanimous. Commissioner Ensley closed with prayer.

Respectfully Submitted,

Linda Cable, Jim Douthit,

Clerk to the Board Chairman

Swain County Commissioners Swain County Commissioners

November 05, 2001 Regular Session

The Swain County Board of Commissioners held their monthly Regular Session November 05, 2001. Present were Chairman Douthit, Vice-Chair Monteith, Commissioner Ensley and Commissioner Greene. Commissioner Waldroup was absent

Call to Order

Chairman Douthit called the meeting to order. Commissioner Ensley led with prayer and Commissioner Greene led the pledge.

Adjustment of Agenda

Vice-Chair Monteith made a motion to adjust the agenda to better facilitate the meeting. Commissioner Greene seconded the motion. A vote was unanimous.

Approval of Minutes

Commissioner Greene made a motion to approve minutes of the October 08 work session, October 08 Regular Session and October 29 work session. Vice-Chair Monteith seconded the motion. A vote was unanimous.

Finance Officer’s Report

Kevin King, Finance Officer, presented a report the Board for the month of October. General fund revenues year to date were $1,655,082.67 which represents approximately 24.30% of the budgeted estimated revenues for the fiscal year. Mr. King reported expenditures year to date were $2,011,857.54. Vice-Chair Monteith made a motion to approve this report as presented. Commissioner Greene seconded the motion. A vote was unanimous.

Tax Department Report

Jean Morgan, Tax Administrator presented a report to the Board for the month of October. Ms. Morgan reported Ad-Valorem tax receivable at $2,511,200.00. Total prior year tax collections were $12,780.32. There was $452,071.95 collected for the month. Total collections year to date were $719,204.49. Ad-Valorem tax collections were $439,291.63. The tax collection percentage year to date was 26.211%. Total releases were $8,860.59, total discoveries were $5,518.37 and total refunds were $2,005.40. Commissioner Ensley made a motion to approve the report as presented. Commissioner Greene seconded the motion. A vote was unanimous.

Old Business

There was no old business at this time.

New Business

Consider approval of resolution releasing funds in the amount of $3,558.77 to Southwest Commission

Commissioner Ensley made a motion to approve the resolution releasing funds to Southwest Commission. Commissioner Greene seconded the motion. A vote was unanimous.

Renewal of Auditor contract - Bowman Boggs & Crump

Commissioner Greene made a motion to renew the auditor contract with Bowman, Boggs & Crump. Vice-Chair Monteith seconded the motion. A vote was unanimous.

Budget Amendment

Commissioner Greene made a motion to approve the following budget amendment:

SWAIN COUNTY - BUDGET AMENDMENT #4

BE IT ORDAINED by the Governing Board of the County of Swain, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2002:

SECTION 1. For the purpose of amending the adopted budget to reflect the following changes:

Description Inc. Expenditures Inc.Revenues or Dec. Revenues or Dec. Exp.

Board of Election

Capital Outlay 1,725

EDC

ARC Grant 12,000

Capital Outlay 3,600

Administration

Salary & Fringe 2,460

Workmans Comp 6,103

Inspections

Vehicle Maintenance 1,500

Governing Body

Fishing Pier 2,090

Finance

Salary & Fringe 2,460

Tax Office

Salary & Fringe 2,988

Building and Grounds

Vehicle 9,500

Vehicle Maintenance 500

Sheriff Department

DEA Fund 6,000

Special Appropriations

Soil Maps 920

Health Department 5,064

State of Franklin 3500

Capital Reserve Appropriation 5,064

E-911 Appropriation 3,000

General Fund Revenue

ARC Grant Revenue 12,000

Advantage West Grant 1,800

Fishing Pier Grant 2,090

Insurance Claims 3,787

DEA Funds 6,000

Appropriated Fund Balance ______ 32,669

63,410 63,410

Commissioner Ensley seconded the motion. A vote was unanimous.

S.C. Schools Budget Amendment

Commissioner Ensley made a motion to approve the Swain County Schools Budget Amendment as presented. Vice-Chair Monteith seconded the motion. A vote was unanimous.

Consider approval of resolution authorizing the Heritage Museum Committee use of the old court house

Commissioner Greene made a motion to approve the following resolution:

RESOLUTION BY THE SWAIN COUNTY BOARD OF COMMISSIONERS

AUTHORIZING THE DEVELOPMENT AND EXECUTION OF A LEASE AGREEMENT

BY AND BETWEEN

THE COUNTY OF SWAIN AND THE SWAIN COUNTY HERITAGE MUSEUM COMMITTEE

FOR USE OF THE SECOND FLOOR OF THE OLD SWAIN COUNTY COURTHOUSE

WHEREAS, The Old Swain County Courthouse located on the square in Bryson City is listed on the National Register of Historic Places; and,

WHEREAS, The Old Courthouse was substantially renovated in 1988 consistent with provisions of the National Historic Preservation Act of 1966, as amended; and

WHEREAS, The plans and specifications for the 1988 project, as developed by R.S. Griffith Associates, AIA, and as approved in 1987 by the North Carolina Department of Cultural Resources, included renovation of the second floor, but these second floor renovation plans were not implemented because of inadequate funds; and,

WHEREAS, The plans for the second floor, developed and approved in 1987, envisioned the primary use of the second floor as a Swain County Museum; and,

WHEREAS, Local perspective remains that the second floor should be used as a Swain County Museum consistent with those said plans which may be developed for purposes of this lease agreement by R.S. Griffith and Associates, AIA, and approved by the North Carolina Department of Cultural Resources; and,

WHEREAS, The Heritage Museum Committee has embarked on an effort to raise and secure the funds necessary to prepare the second floor of the Old Courthouse for use as a museum; and

WHEREAS, The Swain County Board of Commissioners agree with and support the efforts of the Swain County Heritage Museum Committee.

NOW THEREFORE, BE IT RESOLVED by the Swain County Board of Commissioners that the second floor of the Old Courthouse, be leased to the Swain County Heritage Museum Committee for a period of 10 years, for a fee of $1.00 and other valuable considerations; provided, however, that this lease will be reviewed for compliance no less often than every 24 months, and provided that the lease is provisional until the following conditions are satisfied.

1. That the Swain County Heritage Museum Committee will raise and secure all the funds necessary to plan, design and prepare the second floor of the Old Courthouse for use as a Swain County Museum, consistent with those plans and specifications developed and approved in 1987; and consistent with any modifications to the 1987 plans which may be developed for purposes of this lease agreement by R.S. Griffith Associates, AIA, and approved by the North Carolina Department of Cultural Resources; and

2. That the County of Swain, together with the North Carolina Department of Cultural Resources and R.S. Griffith Associates, AIA, will determine the level of funds and other resources necessary to adequately plan, design and prepare the second floor of the Old Courthouse for use as the Swain County Museum, consistent with those plans and specifications approved in 1987 and consistent with any modifications to those plans and specifications approved in 1987 and consistent with any modifications to those 1987 plans which may be made and approved for purposes of implementing this lease agreement; and

3. That no construction work will begin until adequate funds and other necessary resources consistent with (2) above has been raised and secured.

4. That any construction work to be performed by other than a North Carolina Licensed contractor be authorized in advance by the County of Swain.

5. That all construction work in progress must be regularly inspected and approved by the County of Swain to insure consistency with approved plans and specifications.

6. That the County of Swain and the North Carolina Department of Cultural Resources must give final approval to “as Built” construction before occupancy by the Swain County Heritage Museum Committee.

7. That the Swain County Heritage Museum Committee acknowledge in writing its understanding that the raising and securing of all funds necessary to plan, design and prepare the second floor of the Old Courthouse consistent with the conditions detailed herein; and, that the raising and securing of all funds necessary for staffing and operations costs will be the sole responsibility of the Swain County Heritage Museum Committee; and, that the county of Swain will be held harmless from providing funding to plan, design, prepare, staff and operate the Swain County Heritage Museum Committee.

8. That other conditions and provisions of the lease agreement substantially follow the conditions and provisions of the existing lease for the ground floor of the Old Courthouse dated 11th day of April 1988 by and between the County of Swain and the State of Franklin Health Council, Inc.

Consider Addendum to the Personnel Policy

Commissioner Ensley made a motion to approve an addendum to the Personnel Policy. Commissioner Greene seconded the motion. A vote was unanimous.

Informal Discussion

Pepsi Building: The old heaters in the building will work to take the chill out, but will not keep the pipes from freezing, therefore estimates were made on new ones.

*Suburban will put tanks back and open the building

*The building can be open with suspended heaters.

*Total for heating and construction would be $30,000. The County must match $15,000. Fund raisers can go toward the match.

The Board agreed to further discuss this issue at the next November work session.

Adjournment

There being no further business to discuss at this time, Commissioner Ensley made a motion to adjourn. Vice Chair Monteith seconded the motion. A vote was unanimous. Commissioner Ensley closed with prayer.

Respectfully Submitted,

Linda Cable, Jim Douthit,

Clerk to the Board Chairman

Swain County Commissioners Swain County Commissioners

October 08, 2001 Regular Session

The Swain County Board of Commissioners held their monthly Regular Session October 08, 2001. Present were Vice-Chair Monteith, Commissioner Ensley, Commissioner Greene and Commissioner Waldroup.

Call to Order

Vice-Chair Monteith called the meeting to order. Commissioner Waldroup led with prayer and Commissioner Ensley led the pledge.

Adjustment of Agenda

Commissioner Waldroup made a motion to adjust the agenda to better facilitate the meeting. Commissioner Greene seconded the motion. A vote was unanimous.

Approval of Minutes

Commissioner Greene made a motion to approve minutes of the September 10 work session, September 10 Regular Session, September 27 Public Hearing and September 27 Special Session. Commissioner Waldroup seconded the motion. A vote was unanimous.

Finance Officer’s Report

Kevin King, Finance Officer, presented a report the Board for the month of September. General fund revenues year to date were $1,012,363.23 which represents approximately 14.89% of the budgeted estimated revenues for the fiscal year. Mr. King reported expenditures year to date were $1,200,247.68. Commissioner Greene made a motion to approve this report and the Health Department’s Budget Amendment #2 as presented. Commissioner Waldroup seconded the motion. A vote was unanimous.

Tax Department Report

Jean Morgan, Tax Administrator presented a report to the Board for the month of September. Ms. Morgan reported Ad-Valorem tax receivable at $2,511,200.00. Total prior year tax collections were $14,079.70. There was $225,182.44 collected for the month. Total collections year to date were $267,132.54. Ad-Valorem tax collections were $211,102.74. The tax collection percentage year to date was 8.41%. Total releases were $3,007.05. Commissioner Ensley made a motion to approve the report as presented. Commissioner Waldroup seconded the motion. A vote was unanimous.

Old Business

The Board announced a Public Hearing scheduled for November 5 at 5:30 to hear public comments in reference to the ordinance for sewage/wastewater discharge elimination from houseboats into Fontana Reservoir. Written comments will be accepted up until that time.

New Business

Presentation of 2000-2001 Fiscal Year Audit

Eric Bowman gave a presentation of the 2000-2001 Fiscal Year Audit.

Adoption of the Resolution to establish a verifiable goal for participation by minority business in the awarding of building construction contracts.

The Board approved the following resolution:

RESOLUTION TO ESTABLISH A VERIFIABLE

PERCENTAGE GOAL FOR PARTICIPATION

BY MINORITY BUSINESS IN THE

AWARDING OF BUILDING CONSTRUCTION

CONTRACTS AWARDED PURSUANT TO N.C.G.S. 143-128

WHEREAS, the North Carolina General Assembly enacted Chapter 480 and Section 74.17 of Chapter 770 of the 1989 Session Laws, thereby rewriting North Carolina General Statute 143-128; and

WHEREAS, N.C.G.S. 143-128 (c) requires each city, county or other public body to adopt, after notice and a public hearing, an appropriate verifiable percentage goal for participation by minority businesses (as defined in that statute) in the total value of work for building contracts the costs of which exceed one hundred thousand dollars ($100,000) and which are awarded pursuant to N.C.G.S. 143-128; and

WHEREAS, N.C.G.S. 143-128 (c) (3) requires an authority awarding a contract the cost of which exceeds one hundred thousand dollars ($100,000) under a separate prime or separate specification contract system to adopt written guidelines specifying actions that will be taken by the awarding authority to ensure a good faith effort in the recruitment and selection of minority businesses for building contracts awarded under the separate prime or separate specification contract systems; and

WHEREAS, N.C.G.S. 143-128 (c) (4) requires an authority awarding a building contract the cost of which exceeds one hundred thousand dollars ($100,000) under a single-prime contract system to adopt written guidelines specifying the action that the prime contractor must take to ensure a good faith effort in the recruitment and selection of minority businesses for building contracts awarded under the single prime contact system; and requires that action taken by the prime contractor must be documented in writing by the contractor to the appropriate awarding authority; and

WHEREAS, N.C.G.S. 143-128 (b) requires that a public body choosing to use a single-prime contract system must also seek bids for a building contract the cost of which exceeds one hundred thousand dollars ($100,000) under a separate prime or separate specification contract system and must award such building contract to the lowest responsible bidder or bidders for the total project; and

WHEREAS, N.C.G.S. 143-128 (d) requires the state and its political subdivisions to award public building contracts the costs of which exceeds one hundred thousand dollars ($100,000) without regard to race, religion, color, creed, national origin, sex, age or handicapping condition; and

WHEREAS, notice of the public hearing was duly published in the Smokey Mountain Times Newspaper and the public hearing required by N.C.G.S. 1430-128 (c) was held __________, 2001;

NOW THEREFORE, BE IT RESOLVED by the County of Swain:

1. That Swain County shall have a verifiable goal of ten percent (10%) for participation by minority businesses in building construction contracts awarded pursuant to N.C.G.S. 143-128.

2. That the official, employee or agent responsible for advertising such contracts shall compile a list of minority businesses within the bidding area, using information obtained from the North Carolina Department of Commerce, Minority Business Development Agency or from other institutions or agencies providing such information.

This list shall be updated on an annual basis and shall be open for inspection and shall be available so that minority businesses will have the opportunity to add their names to the list. Copies of this resolution shall be transmitted to the businesses on the list as soon as practicable along with the name of the official, employee or agent who shall serve as the contract person for minority businesses and be responsible for answering project related questions posed by minority businesses.

3. That for each such building contract put out for bids under the separate specification or the single prime contract systems, notice of the contract shall be transmitted to minority businesses on the above list.

4. That for each such building contract put out for bids under the separate specification or single prime contract systems, documents related to the contract shall be available for inspection at a convenient and accessible location of which minority business shall receive notice.

5. That for each such building contract put out of bids under the separate specification or single prime contract systems, the contract person designated pursuant to paragraph 3 above shall hold a pre-bid conference to orient contractors and subcontractors to the policy expressed in this resolution as well as bid procedures and regulations. Minority businesses on the list obtained and maintained as provided herein shall be notified of and invited to these pre-bid conferences.

6. That for each such building contract put out for bids under the separate specification or single prime contract system, published notice of the contract shall include a summary of this resolution.

7. That for any such building contract put out for bids under the separate specification contract system, the contact person designated herein shall maintain records with respect to:

(a) those contractors or subcontractors notified of the project and the number of these contractors and subcontractors that are minority businesses as defined in G.S. 143-128 appearing on the list of minority businesses maintained pursuant to paragraph 2 herein,

(b) those contractors or subcontractors that bid or otherwise respond to notice of the project and the number of these that are on the maintained list of minority businesses,

(c) those contracts or subcontractors awarded contracts as part of the project and the number and identify of those that are on the list of minority businesses, and

(d) the percentage of work on the project that is to be performed by minority businesses appearing of the list maintained pursuant to this resolution.

8. That for any such building contract put out for bids under the single prime contract system, the single prime contractor shall:

(a) notify those minority businesses appearing of the list of minority businesses maintained pursuant to paragraph 2 of the portion of the project which will be subcontracted by the single contractor and solicit bids from those minority businesses.

(b) submit with his bids records with respect to:

1) those subcontractors notified of the project and of those elements of the project for which subcontracts will be let and the number of these subcontractors that are minority businesses as defined in G.S. 143-128 appearing on the list of minority businesses maintained pursuant to paragraph 2 herein,

2) those subcontractors that bid or otherwise respond to notice of the project and the number of these that are on the maintained list of minority businesses, and

3) those subcontractors awarded contracts as part of the project and the number and identity of those that are on the maintained list of minority businesses, and

4) the percentage of work on the project that is to be performed by minority businesses appearing on the list maintained pursuant to this resolution.

9. That these policies shall be a part of the request for proposals for any such contract, and noncompliance by any single prime bidder shall be grounds for declaring the bid non-responsive.

10. That this resolution shall become effective upon its adoption.

Consider approval of resolution to DOT requesting abandonment of SR# 1107

The Board agreed to table this request until further information was received.

Adjournment

There being no further business to discuss at this time, Commissioner Waldroup made a motion to adjourn. Commissioner Greene seconded the motion. A vote was unanimous.

Respectfully Submitted,

Linda Cable, Jim Douthit,

Clerk to the Board Chairman

Swain County Commissioners Swain County Commissioners

September 10, 2001 Regular Session

The Swain County Board of Commissioners held their monthly Regular Session September 10, 2001. Present were Chairman Douthit, Vice-Chair Monteith, Commissioner Ensley and Commissioner Waldroup. Commissioner Greene was absent.

Call to Order

Chairman Douthit called the meeting to order. Commissioner Waldroup led with prayer and Commissioner Ensley led the pledge.

Adjustment of Agenda

Vice-Chair Monteith made a motion to adjust the agenda to better facilitate the meeting. Commissioner Waldroup seconded the motion. A vote was unanimous.

Approval of Minutes

Commissioner Ensley made a motion to approve minutes of the August 13 work session and August 13 Regular Session. Commissioner Waldroup seconded the motion. A vote was unanimous.

Finance Officer’s Report

Kevin King, Finance Officer, presented a report the Board for the month of August. General fund revenues year to date were $351,429.03 which represents approximately 5.17% of the budgeted estimated revenues for the fiscal year. Mr. King reported expenditures year to date were $828,921.49. Vice-Chair Monteith made a motion to approve this report as presented. Commissioner Ensley seconded the motion. A vote was unanimous.

Tax Department Report

Jean Morgan, Tax Administrator presented a report to the Board for the month of August. Ms. Morgan reported Ad-Valorem tax receivable at $2,511,200.00. Total prior year tax collections were $34,326.82. There was $42,106.68 collected for the month. Total collections year to date were $64,988.95. Ad-Valorem tax collections were $7,779.86. The tax collection percentage year to date was .31%. Total refunds for August were $314.04. Total releases were $8,030.34 and total discoveries were $677.10. Commissioner Ensley made a motion to approve the report as presented. Commissioner Waldroup seconded the motion. A vote was unanimous.

Special Recognition

Chairman Douthit made a motion to appoint the following to serve on the Museum Committee: Nell Leatherwood, Co-Chair, Ellen Snodgrass, Co-Chair, David Monteith, Vice-Chair, Isabelle Cable, Secretary, Wilma Ashe, Treasurer, and Leesa Sutton, and Ron Ruhl, Staff. Commissioner Ensley seconded the motion. A vote was unanimous. Special recognition was given to this committee for work done.

Discussion of Water & Sewer Project for Governor’s Island

The Board planned a Public Hearing to approve a resolution in support of the water and sewer project for Governor’s Island.

Plans/Documents to be adopted for Scattered Sites Grant 01-C-0795

Chairman Douthit made a motion to support the Region A RPO Designation. Commissioner Ensley seconded the motion. A vote was unanimous.

Consider Options for Sharing in National Forest Receipts

Commissioner Ensley made a motion to go with the Full Payment Option for Sharing in National Forest Receipts. Commissioner Monteith seconded the motion. A vote was unanimous.

Plans/Documents to be Adopted for Scattered Sites Grant

Commissioner Monteith made a motion to adopt the plans and documents for the Scattered Sites Grant 01-C-0795. Commissioner Waldroup seconded the motion. A vote was unanimous.

Budget Amendment

Commissioner Ensley made a motion to approve the following budget amendment:

SWAIN COUNTY - BUDGET AMENDMENT #3

BE IT ORDAINED by the Governing Board of the County of Swain, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2002:

SECTION 1. For the purpose of amending the adopted budget to reflect the following changes:

Description Inc. Expenditures Inc.Revenues or Dec. Revenues or Dec. Exp.

Data Processing

Capital Outlay 2,700

EDC

Museum Planning 10,323

General Fund Revenue

Grant Revenue 8,200

Appropriated Fund Balance ______ 4,823

13,023 13,023

Consider request from Betty Seay

The Board received a request from Betty Seay help with Project Care to install handrails and ramps for people that can’s get service elsewhere. $3,500 is necessary for start up funds. Vice-Chair Monteith made a motion to grant request. Commissioner Waldroup seconded the motion. A vote was unanimous.

EMS

Commissioner Waldroup made a motion for Tony Randall to go from part time to full time paramedic for EMS. Commissioner Ensley seconded the motion. A vote was unanimous.

Adjournment

There being no further business to discuss at this time, Vice-Chair Monteith made a motion to adjourn. Commissioner Waldroup seconded the motion. A vote was unanimous. Commissioner Ensley closed with prayer.

Respectfully Submitted,

Linda Cable, Jim Douthit,

Clerk to the Board Chairman

Swain County Commissioners Swain County Commissioners

August 13, 2001 Regular Session

The Swain County Board of Commissioners held their monthly Regular Session August 13, 2001. Present were Chairman Douthit, Vice-Chair Monteith, Commissioner Ensley, Commissioner Waldroup and Commissioner Greene.

Call to Order

Chairman Douthit called the meeting to order. Commissioner Ensley led the pledge and Commissioner Waldroup led with prayer.

Adjustment of Agenda

Vice-Chair Monteith made a motion to adjust the agenda to better facilitate the meeting. Commissioner Waldroup seconded the motion. A vote was unanimous.

Approval of Minutes

Commissioner Waldroup made a motion to approve minutes of the July 9 work session, July 9 Regular Session, July 16 work session, July 16 Special Session and July 30 work session.

Commissioner Monteith seconded the motion. A vote was unanimous.

Tax Department Report

Jean Morgan, Tax Administrator presented a report to the Board for the month of July. Ms. Morgan reported Ad-Valorem tax receivable at $2,511,200.95. Total prior year tax collections were $22,833.32. There was $22,882.27 collected for the month. Total collections year to date were $22,882.27. Ad-Valorem tax collections were $48.95. The tax collection percentage year to date was .01%. Total refunds for July were $945.18. Total releases were $5,076.69. Commissioner Monteith made a motion to approve the report as presented. Commissioner Ensley seconded the motion. A vote was unanimous.

Resolution Approving Land Swap Raven’s Ford Property

Chairman Douthit explained the history of this issue. Commissioner Ensley spoke on behalf of Kim Lay and himself as liaisons to the Tribe on this issue. They met with the chief and tribal members to discuss this issue. All agreed better communication was essential. The Chief noted the Tribe needed to build schools to educate their children. He further agreed to sign a contractual agreement that this property will be used only for education. He also noted that water and sewer lines were now going into this property to reach Big Cove.

Commissioner Ensley made a motion to rescind the resolution adopted on that opposed the land swap of the Raven’s Ford Property with the National Park Service, and support the land swap with the understanding there will be a contract that the land be used for the sole purpose of education.

Chairman Douthit seconded the motion. After a discussion on this issue, a vote was unanimous.

Consider Approval of Animal Control Ordinance

The Board accepted comments from the public at the work session regarding the proposed Animal Control Ordinance and the existing Noise Ordinance. Chairman Douthit made a motion to table approval of the Animal Control Ordinance at this time. Commissioner Waldroup seconded the motion. A vote was unanimous. Additional comments need to be made in writing and mailed to Swain County Administration.

Consider Recommendation for Building/Grounds Position

Commissioner Greene made a motion to go into closed session as called for under G.S. 143-318.10 to discuss qualifications of applicant.

Commissioner Waldroup made a motion to adjourn the closed session and return to regular session. Commissioner Greene seconded the motion. A vote was unanimous.

Commissioner Ensley made a motion to hire Christopher Ledford to fill the Building and Grounds position. Commissioner Monteith seconded the motion.

S.C. Health Dept. Re: Medicaid Reimbursement Rates

Charlotte Wilson gave an overview on the Medicaid reimbursement rates. Ms. Wilson noted all rates reimbursed will increase, which will help recup costs of Health Department services rendered.

Commissioner Greene made a motion to approve rates to be retroactive back to July 1, 2000, when the rates were effective. Commissioner Waldroup seconded the motion. A vote was unanimous.

Request from Valley River Humane Society

The Board approved to grant $1,000 to the Valley River Humane Society as requested, toward the purchase of a pathological waste incinerator, with Chairman Douthit, Commissioner Ensley and Commissioner Monteith voting aye and Commissioner Greene and Commissioner Waldroup voting nay.

Budget Amendment #2

Commissioner Ensley made a motion to approve the following budget amendment:

SWAIN COUNTY - BUDGET AMENDMENT #2

BE IT ORDAINED by the Governing Board of the County of Swain, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2002:

SECTION 1. For the purpose of amending the adopted budget to reflect the following changes:

Description Inc. Expenditures Inc.Revenues or Dec. Revenues or Dec. Exp.

Transfer to Solid Waste 21,700

Special Appropriations

Legal Service 5,000

Social Service Appropriation 2,000

Recreation Department

Capital Outlay 1,500

General Fund Revenue

Appropriated Fund Balance ______ 30,200

30,200 30,200

Commissioner Greene seconded the motion. A vote was unanimous. Commissioner Greene made a motion to approve the Health Department Budget Amendment. Chairman Douthit seconded the motion. A vote was unanimous.

Consider Travel Expenses for Senior Center Rep.

Chairman Douthit made a motion for Swain County to cover travel expenses, room and meals, for the Swain County Senior Center representative for travel on behalf of Swain County, at the County rate. Commissioner Monteith seconded the motion. A vote was unanimous.

Personnel Board

Chairman Douthit made a motion to approve the following to serve on the Personnel Board for Swain County employees: Ken Mills, Linda Dills, Don Simonds, Donna Taylor and Jeff Waldroup. Commissioner Waldroup seconded the motion. A vote was unanimous.

Surplus Property

The Board granted permission to bid off surplus property. (List attached)

Adjournment

There being no further business to discuss at this time, Commissioner Waldroup made a motion to adjourn. Commissioner Ensley seconded the motion. A vote was unanimous. Commissioner Ensley closed with prayer.

Respectfully Submitted,

Linda Cable, Jim Douthit,

Clerk to the Board Chairman

Swain County Commissioners Swain County Commissioners

July 09, 2001 Regular Session

The Swain County Board of Commissioners held their monthly Regular Session July 09, 2001. Present were Chairman Douthit, Vice-Chair Monteith, Commissioner Ensley, Commissioner Waldroup and Commissioner Greene.

Call to Order

Chairman Douthit called the meeting to order. Commissioner Ensley led the pledge and Commissioner Waldroup led with prayer.

Adjustment of Agenda

Vice-Chair Monteith made a motion to adjust the agenda to better facilitate the meeting. Commissioner Waldroup seconded the motion. A vote was unanimous.

Swearing in of the Board of Health and DSS members

Chairman Douthit led in the swearing in of the Board of Health and DSS Members. Immediately following the swearing in, the Board of Health held an organizational meeting to elect the Chair, Vice-Chair and set a meeting date.

Approval of Minutes

Commissioner Ensley made a motion to approve minutes of the June 11 work session, June 11 Regular Session, June Budget Hearing, June 18 Special Session, June 25 work session, June 25 Special Session and June 29 Emergency Session. Commissioner Waldroup seconded the motion. A vote was unanimous.

Tax Department Report

Jean Morgan, Tax Administrator presented a report to the Board for the month of June. Ms. Morgan reported Ad-Valorem tax receivable at $2,317,849.17. Total prior year tax collections were $18,310.20. There was $46,833.69 collected for the month. Total collections year to date were $1,631,241.60. Ad-Valorem tax collections were $28,523.49. The tax collection percentage year to date was 94.00%. Total refunds for June were $54.90. Total releases were $5,066.44. Commissioner Greene made a motion to approve the report as presented. Commissioner Waldroup seconded the motion. A vote was unanimous.

Animal Control Ordinance

The Board had a discussion on the Animal Control Ordinance with the public making the following comments:

Animal Control Ordinance - Comments made at the July 9^th Board Meeting

Alvin Marr - Questioned whether the County’s Noise Ordinance was still in effect. He noted that would take care of the barking and expressed the need for animal control.

James King- Noted property owners with large tracts of land traditionally allowed there dogs to run free on their land. If a person not from Swain County should buy adjoining property, that would create concerns. These people not accustomed to the traditions of this county could object. He also noted concerns regarding his business which attracts animals for slaughter. These animals make noises. While they are generally on the site only a couple of days this could be objectionable and considered a nuisance. Mr. King relayed that farm animals would, by nature make noises that were uncontrollable. In reference to cats he noted you could not fence in a cat, the only alternative would be to keep them inside.

Daniel Cloer- Agreed with James King’s remarks

Roy Griggs- Agreed with James King’s remarks and noted Swain County was not ready for this

Ms. Griggs- Agreed with Mr. King and Mr. Griggs

Dennis Smith- Against an animal control ordinance

John Marr- Concerned about the term “nuisance”. He understood animal control was to be for cats and dogs only, farm animals should be excluded. Mr. Marr had a question about Section 5 - hunting dogs at large, this should be better defined.

Terry Bailey- What protection do owners have if dogs are provoked to bark, such as during the fireworks display.

Ronnie Griggs-Hunting dogs, according to the ordinance, must be on a leash? You can’t hunt this way. Also is concerned about dogs being provoked to bark as with the

fireworks.

Alvin Marr- He agrees with these comments, however we do need to control the noise, such as barking dogs. Farm animals are not as relevant.

James King- He had a question as to the initial cost of the program. It seems the dollars were low, he ask for explanation. Re-iterated his concern for hunting dogs.

Irvin Winchester- Concerned that folks living in the county 3 months out of the year would complain.

Mr. Marr- Who decides when a noise becomes a nuisance?

Jim Douthit- Need to confirm that mediation will be available to citizens.

Terry Bailey- What happens to animals that are picked up? Will they be killed? Will animal control be subject to the same ordinance, which says you cannot kill an animal?

Bruce Hawkins- In Swain County owners have always taken care of problems. If there is damage we pay it. If your dog strays the neighbors call and we pick it up.

Ms. Griggs- All farm animals will make noises at times that cannot be controlled.

Terry Bailey- Section 4 says citizens will be fined if they kill animals, what about animal control?

Chairman Douthit relayed to the group that everyone should submit a written statement regarding their concerns to Linda Cable.

Chairman Douthit made a motion to table and review the Animal Control Ordinance taking into consideration all comments and concerns as well as mediation opportunities. Commissioner Greene seconded the motion. A vote was unanimous.

Personnel Policy

Commissioner Ensley made a motion to adopt the Personnel Policy as presented. Commissioner Greene seconded the motion. A vote was unanimous.

Contract for Removal of Bats in the Administration Building

Vice-Chair Monteith made a motion to accept the contract to have bats removed from the Administration Building. Commissioner Ensley seconded the motion. A vote was unanimous.

CDBG Resolution and Contract

Commissioner Greene made a motion to approve the CDBG resolution and contract as presented. Vice-Chair Monteith seconded the motion. A vote was unanimous.

Budget Amendment #1

Commissioner Greene made a motion to approve the following budget amendment:

SWAIN COUNTY - BUDGET AMENDMENT #1

BE IT ORDAINED by the Governing Board of the County of Swain, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2002:

SECTION 1. For the purpose of amending the adopted budget to reflect the following changes:

Description Inc. Expenditures Inc.Revenues or Dec. Revenues or Dec. Exp.

Transfer from Capital Reserve 50,000

CAPITAL RESERVE FUND

Capital Funds for New Vehicles 50,000

Transfer to Health Department 50,000

Health Department

Captial Outlay 50,000

Building and Grounds

Capital Outlay 7,637

Revenue

Contingency 5,974

Appropriated Fund Balance ______ 1,663

57,637 57,637