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Posted: September 11, 2003
Time Posted:__________
Posted By: Evelyn Baker
Witnessed By:_________

MINUTES OF THE REGULAR MEETING
OF THE JACKSON COUNTY
BOARD OF COMMISSIONERS
HELD ON
SEPTEMBER 9, 2003


The Jackson County Board of Commissioners met in a Regular Session on
Tuesday, September 9, 2003, at 6:00 p.m., 401 Grindstaff Cove Road, Room 203, Sylva,
North Carolina.


Present: Stacy Buchanan, Chairman


Roberta Crawford, Vice Chairman


Joe Cowan, Commissioner
Eddie Madden, Commissioner
Brian McMahan, Commissioner


Kenneth L. Westmoreland, County Manager


W. Paul Holt, Jr., County Attorney


Evelyn B. Baker, Clerk to the Board



Chairman Buchanan called the meeting to order.


AGENDA: Chairman Buchanan recommended that the Agenda be amended by
adding Balsam Fire Dept. and Cullowhee Fire Dept. Substation. Commissioner Crawford
moved to approve the amended Agenda. Commissioner Cowan seconded the Motion.
Motion carried by unanimous vote.


MINUTES: Commissioner Cowan moved to approve the Minutes of the Regular
Meeting of August 19, 2003. Commissioner Madden seconded the Motion. Motion
carried by unanimous vote.

INFORMAL COMMENTS BY THE PUBLIC: Wanda Watson of Cashiers
stated that a committee comprised of citizens opposed to the Cashiers Commercial Area
Land Development Ordinance has been formed and wishes to have representation on the
Cashiers Area Community Planning Council and Cashiers Area Design Review Board.
The committee is in the process of identifying members of the community who would
qualify for inclusion on those boards. A list will be presented to the Commissioners. She
requested that appointments to those two boards be deferred until the October 14
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meeting. She also requested that the committee be placed on a November 2003 Agenda
for presentation of potential amendments and enhancements to the Ordinance.





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CONSENT AGENDA

(1) FINANCE REPORT FOR JULY 2003: Highlights included:

General Fund Revenue to date
$ 649,026.53
General Fund Expenditures to date

$ 2,406,771.57
Ad Valorem Tax collected
$ 7,175.70


Motor Vehicle Tax collected

$ 62,613.94


Prior Year Tax collected


$ 75,443.44


Prior Year Landfill Disposal Fees collected
$ 8,138.93



(2) TAX COLLECTORS REPORT FOR JULY 2003: The Tax Collectors
report for July 2003 was submitted for approval.


(3) BUDGET AMENDMENTS: Mr. Westmoreland explained that the three
budget amendments represent final budget balancing for the year-end. They are as
follows:

(a) Various Funds $ 270,159.14
(b) Clean Water Fund $ 1,016.62

(c) Human Services Fund $ 35,000.00


ADMINISTRATIVE REPORTS

(4) CHAIRMANS REPORT: Chairman Buchanan notified Joe Rossano of his
appointment to the Library Task Force.

(5) COMMISSIONERS REPORT: Commissioner Cowan stated he had
appointed Diane Shallock to the Library Task Force.

(6) COUNTY MANAGERS REPORT: Mr. Westmoreland reported:
(a)

Personnel: Hired Benjamin Friddle (Project Care Coordinator), Dana
Trammel (part-time Cashiers transit driver), and Thomas McConnell (part-
time housekeeper at Cullowhee Recreation Center).
(b)

WestCare EMS Audit: Reflects a positive balance for the first time.
(c)

Cullowhee SRC: Paving is scheduled for the fourth week of September.


OLD BUSINESS:


(7) SMOKY MOUNTAIN HIGH SCHOOL FRESHMEN TRANSITION
PROGRAM : Mary Ann Barker, Instructional Specialist SMH, gave a power point
presentation concerning the Transition Program. Targeted areas for improvement
included end of course test scores, failure rate, discipline referrals, dropout rate. The end
of course testing resulted in freshmen showing improvement in proficiency on end of
course tests. Higher student achievement improved by 3 out of 4 subjects showing gains
and 2 out of 4 subjects showing a significant gain. Failure rates have declined in core
academic subjects. Discipline referrals have improved by 3.41%. The county contributes
one-half the cost for teachers in this program. Ms. Barker was requested to provide the
Commissioners with the number of teachers for FY2001-02 and FY2003-04.

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(8) ELGAR GROUP, INC.: Commissioner Crawford moved that this issue be
deferred until the 2004 budget discussions. Commissioner McMahan seconded the
Motion. Motion carried by unanimous vote.

(9) QUALLA FIRE DEPT.: Chairman Buchanan reported that he had talked
with the Fire Chief who is having difficulty making contact with a property owner
concerning a proposed site.



(9A) BALSAM FIRE DEPT.: Mr. Westmoreland reported that he had met with a
representative of United Financial Group of N.C. who is the proposed financing agent for
the new fire station at Balsam. The financing arrangements meet all county requirements.
He recommended that the loan be authorized. Dean Coward reported that the site has
been graded and architectural and engineering plans should be available in 3-4 weeks.


(9B) CULLOWHEE FIRE DEPT. SUBSTATION : Chief Frady reported that
he had met with citizens in the Caney Fork community concerning a substation. He
presented a letter from Steven L. Tucker, acting on behalf of Sally G. Tucker, who will
donate 2.5 acres of property adjacent to the present Caney Fork Community Center to the
Caney Fork Fire Dept. with the following stip ulations: (1) A memorial plaque dedicated
to Robert S. Green and Sally Hunter Green to be erected and maintained on a stone
pedestal in a garden area near the fire stations flag pole (wording to be discussed with
Chief Frady). and (2) Ownership of the property with any improvements and structures
will revert back to Steven L. Tucker and heirs if the Caney Fork Fire Dept. does not keep
its Charter or contract with the county or does not maintain an active and viable fire
department. Chief Frady stated that the department would be working on financing.

NEW BUSINESS


(10) SHERIFFS OFFICE: Sheriff Ashe stated his concerns that the detention
facility is still not opened. He also reiterated his request for installation of a gate and
perimeter fencing which he identifies as a public safety issue. In the interim, his office
has incurred $66,760 from December 2002 July 2003 for housing inmates in other
counties. Sheriff Ashe contacted the National Institute of Corrections of the U.S. Dept of
Justice, who, through a free grant program, sent two experts in detention facility matters
to Jackson County. Mr. Warren Cook and Ms. Grace Smith spent a few days inspecting
the new jail.

Mr. Cook stated that he had 36 years of experience and had been with the
National Institute since 1986. He focused on two items which, in his opinion, is holding
up opening the jail. One is a perimeter fence and second the location of the Magistrates
Office. He stated that in order to accommodate federal prisoners, fencing is required. The
possible revenue for housing federal inmates is $85.00 per day. Further, pursuant to
American correctional standards and in the event of an emergency, federal inmates are to
be removed 50 feet from the facility into a fenced area. He stated that if a contract is
signed with the U. S. Marshals office, they would possibly pay up to 20% of capital
expenses. The cost for fencing and gate is $42,172.
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Mr. Westmoreland reported that the architect was on site today and all but one
correction had been made. Price & Price still needs to correct two water problems. All
contractors have been notified that the county is exercising its liquidated damage clause
in the contracts at the rate of $250.00 per day per contractor.

Mr. Cook stated that there are two code violations: (1) the stairwell that leads
from the housing area, and (2) location of the Magistrates Office. The present location of
the Magistrates office causes people to be in the facility illegally and could create a
liability issue. He recommended that the breathalyzer room be converted for the
Magistrates Office and the bond room be converted to a breathalyzer room. Renovations
to achieve this would require removing a window and installing a door at an approximate
cost of $2,500.00. He also suggested as an alternative to renovating the rooms, house the
Magistrate in a manufactured structure in the fenced parking area. Discussion was had
concerning accessibility by the general public to the Magistrates Office if it is in a
fenced area. Mr. Cook will submit a written report to the Sheriff.

Chairman Buchanan stated that the jail standards officials in Raleigh reviewed
and approved the plans prior to construction. Sheriff Ashe along with Captain Melton
served on the jail design comm