MINUTES
STATE OF
The Henderson County Board of Commissioners met for a
regularly scheduled meeting at 5:30 p.m. in the Commissioners' Conference Room
of the
Those present were:
Chairman Bill Moyer, Vice-Chairman Charlie Messer, Commissioner Larry
Young, Commissioner Shannon Baldwin, Commissioner Chuck McGrady, County Manager
David E. Nicholson, Assistant County Manager
Also present were: Planning Director Karen C. Smith,
Budget and Management Director
CALL TO ORDER/WELCOME
Chairman Moyer called the meeting to order and
welcomed all in attendance.
PLEDGE OF
ALLEGIANCE
Commissioner McGrady led the Pledge of Allegiance to
the American Flag.
INVOCATION
INFORMAL
PUBLIC COMMENTS
1. Nyoka Harris
– Ms. Harris spoke in favor of utilizing the Tuxedo school property for a park and
library setting.
2. Katherine Taylor – Ms. Taylor also spoke in support of the County using the Tuxedo
school property for a local park.
3. Fielding Lucas – Mr. Lucas discussed the School Board’s planning process for school
building plans. He read a report prepared on classroom and school size and made
the following recommendations:
·
Make sure
everyone understands the 10% class size cuts would require an additional
elementary school be built and operated at the County’s expense
·
Required the
School Board to look at the Dana plans. Why, if a school will be held to 600
students must it have a core area for 731 students.
·
“One data point
does not a trend make”. If the schools will not use simple regression analysis
which would improve the quality and confidence in building plans, the Board
could pay to have it done.
·
If the choice is
made to follow the LEA’s current class and school size policies, a new school
must be built as quickly and economically as possible.
·
Move the Joint
School Facilities Meetings to the Commissioner’s meeting room and televise.
DISCUSSION/ADJUSTMENT
OF AGENDA
Chairman Moyer requested the addition of Discussion
Item “F” regarding an update on the Legislative Conference. Commissioner
Baldwin recommended that a written report on the conference be issued. Chairman
Moyer stated that he would be glad to share the information he had received at
the conference. Chairman Moyer made the
motion to approve the agenda with the one addition. All voted in favor and the motion carried.
CONSENT
AGENDA
Commissioner McGrady
made the motion to approve the Consent Agenda. All voted in favor and the
motion carried.
The
Consent Agenda items were:
Minutes
Draft minutes were presented of the
following meetings for the Board’s review and approval:
·
November
1, 2004 - regular meeting
·
January
12, 2005 - special called meeting
·
February 7, 2005 - regular meeting
Terry F. Lyda, Henderson County Tax Collector,
presented the Tax Collectors’ Report dated March 4, 2005, for the Board’s
information.
Financial Report – January 2005
Cash Balance Report – January 2005
These reports were presented for the Board’s information and consent
approval.
The YTD costs in the General Fund Non-Departmental line item is the
annual property/liability and workers compensation insurance premiums paid to
the NCACC Insurance Risk Pools for FY2005.
The remaining costs will be allocated out to departmental budgets.
The YTD deficit in the CDBG-Scattered Site Housing Project, the
CDBG-Howard Gap Waterline Project, the Mills River Watershed Protection Project
and the Mills River Sewer Capital Project are all temporary due to timing
differences in the expenditure of funds and the subsequent requisition of
Federal and State grant funds to reimburse these expenditures.
The Human Services Building Project deficit is due to architectural
fees, demolition/abatement and utilities relocation work completed for this new
facility. It is anticipated that these
costs will be recouped from financing proceeds for the project before the end
of the current fiscal year.
Henderson County Public Schools
Financial Report – January 2005
The Schools Financial Report for January was presented
for information only.
Valley Hill Fire and Rescue Lease
Purchase Agreement
At the February 8, 2005 Fire and Rescue Advisory Committee meeting,
Battalion Chief Tim Garren of Valley Hill Fire and Rescue presented a proposal
to order a new, 3500 gallon water tanker.
This truck represents a new concept in portable water supply for the
fire service, having the potential to dramatically improve the capacity and
capability of tanker shuttle operations.
The total price of the new tanker is $170,000. Valley Hill will make a down payment of
$85,000, financing the remaining $85,000 through Kansas State Bank at a rate of
4.2% with a yearly payment of $31,000 for 3 years.
A motion to approve the purchase was made by Richard Barnwell and seconded
by David Johnson. The motion passed with
unanimous approval. Valley Hill Fire and Rescue respectfully requested the
Chairman sign a prepared letter of support to Kansas State Bank.
Resolution Supporting Accreditation of
Local Public Health Departments
On January 4, 2005, the Henderson County Board of Health passed the
following resolution in support of accreditation of local public health
departments. Boards of Health and Boards
of County Commissioners were being asked by the NC Association of Local Health
Directors to support this resolution to seek legislative support and funding
for establishing a benchmark for measuring the capacity of local public health
departments to perform core public health functions and deliver essential
services in their communities.
The Health Department believed that our health department should have
no problem meeting the public health accreditation standards, and that it too
should go through the process to provide this documented assurance. They requested the Board support the
resolution and urge our State Legislature to pass legislation on public health
accreditation.
A copy of the Resolution is attached hereto and incorporated as a part
of the minutes.
Corporate Banking Resolution
A banking resolution from Carolina First Bank
required approval by the Board to authorize those persons listed in the
resolution to conduct banking business not limited to making deposits,
withdrawals, borrowing funds and investing idle funds on behalf of the County
with the bank.
A copy of the Resolution is attached hereto and incorporated as a part
of the minutes.
Improvement Guarantee for Cummings Cove
Golf & Country Club, Phase II, Sections 4 and 5, Mountain Crest-Cummings
Cove Company, LLC, Owner
Mr. William R. Buie, P.E., on behalf of Cummings
Cove Company, LLC, owner and developer of Cummings Cove Golf & Country
Club, has submitted a request for an improvement guarantee for Phase II,
Sections 4 and 5 of the Mountain Crest section of that development. Henderson County Planning Department staff
granted conditional approval of Development Plans for Phase II, Sections 4 and
5 – Mountain Crest, in July of 2002. The
County Planning Board granted a one-year extension of such approvals in July of
2004. The requested improvement guarantee
is proposed to cover required grading and road, water and sewer construction in
both Sections 4 and 5 as well as construction of a booster station and water
tank.
Pursuant to Sections 170-38 and 170-39 of the
Henderson County Code (the Subdivision Ordinance), a developer may, in lieu of
completing all of the required improvements prior to Final Plat approval, post
a performance guarantee to secure the County’s interest in seeing that
satisfactory construction of incomplete improvements occurs. One type of permitted guarantee is an
irrevocable letter of credit. The
developer intends to post with the County an irrevocable letter of credit in
the amount of at least $1,719,031.25 to cover the cost of the improvements
($1,375,225.00) as well as the required twenty-five percent (25%) contingency
($343,806.25). The proposed completion
date for the improvements is March 1, 2007.
The Subdivision Ordinance allows a developer using an improvement
guarantee a maximum of two years between the time of initiation and completion
of required improvements.
A draft Performance Guarantee Agreement is attached
for the Board’s consideration. If the
application is approved, the developer must submit the irrevocable letter of
credit in accordance with the terms of the Agreement. Once the County receives a letter of credit
in proper form, the relevant parties must execute the Agreement.
Improvement Guarantee for Pinnacle
Falls, Phase I-Section I (Meadows)
Mr. Luther E. Smith, on behalf of
Pursuant to Sections 170-38 and 170-39 of the
Henderson County Code (the Subdivision Ordinance), a developer may, in lieu of
completing all of the required improvements prior to Final Plat approval, post
a performance guarantee to secure the County’s interest in seeing that
satisfactory construction of incomplete improvements occurs. One type of permitted guarantee is an
irrevocable letter of credit. The
developer intends to post with the County an irrevocable letter of credit in
the amount of at least $340,595.00 to cover the cost of the improvements ($272,476.00)
as well as the required twenty-five percent (25%) contingency
($68,119.00). The proposed completion
date for the improvements is March 1, 2007.
The Subdivision Ordinance allows a developer using an improvement
guarantee a maximum of two years between the time of initiation and completion
of required improvements.
A draft Performance Guarantee Agreement is attached
for the Board’s consideration. If the
application is approved, the developer must submit an irrevocable letter of
credit in accordance with the terms of the Agreement. Once the County receives a letter of credit
in proper form, the relevant parties must execute the Agreement.
Request for Modifications to Improvement
Guarantee for The
On
October 18, 2004, the Board of Commissioners approved a request by the
developers to extend the deadline for completing the improvements specified in
the original agreement to June 30, 2005.
The developers and the Board of Commissioners entered into a new
Performance Guarantee Agreement that specified the new completion date for the
improvements. The developers provided a
rider to the existing bond, which extended the bond’s expiration date to August
31, 2005.
On
January 18, 2005, the Henderson County Planning Board conditionally approved a
revised Master Plan and a revised Phase I Development Plan for The Homestead at
The
developers are therefore requesting to amend the improvement guarantee for
Phase I to reference the approval of the revised Development Plan and a revised
cost estimate for the improvements in Phase I of The Homestead at
If the Board of Commissioners agrees to revise the
improvement guarantee as presented above, staff has attached for the Board’s consideration
a draft Performance Guarantee Agreement which reflects the necessary
modifications and requires submittal of an amendment to the existing bond that
acknowledges the revised Development Plan, and its approval date, for the
project. The relevant parties must
execute the new Performance Guarantee Agreement if the Board approves the
extension request.
Modification of reimbursement resolution
(Dana Elementary School)
A reimbursement resolution previously adopted for the project needed to
be updated to provide for reimbursement of the most recent expenditures for the
project from anticipated financing proceeds. The resolution also separated the
financing of this project from the reimbursement resolution regarding the
Hillandale Elementary Project.
Bond counsel for the County had reviewed and approved the resolution.
A copy of the Resolution is attached hereto and incorporated as a part
of the minutes.
Settlement of Lawsuit
DAN TONEY, Plaintiff,
v.
A tentative settlement has been reached whereby the North Carolina
Association of County Commissioners’ Risk Management Pool is to pay the sum of
$16,000.00 in full and final settlement of all claims against
N.C. Gen. Stat.§ 143-318.11(a)(3) requires that a settlement of a claim
against the County be publicly reported and entered into the Board of
Commissioner’s minutes within a reasonable time after the settlement is
concluded. The Board was requested to
confirm this settlement and enter it into the minutes of today’s meeting.
Resolution-Newspapers in Education Week
The Times News requested that the Board proclaim the week of March
7-11, 2005 as Newspapers in Education Week and adopt a Resolution to that
effect. A copy of the Resolution is attached hereto and incorporated as a part
of the minutes.
Amendment to Personnel Resolution
The following was a proposed change to the Henderson County Personnel
Resolution:
“Section 7.5.2 Failure in
Personal Conduct
An employee may be suspended, demoted or dismissed without prior
warning for just cause relating to personal conduct detrimental to County
service.
The following causes relating to failure in personal conduct are
representative of those considered to be adequate grounds for suspension,
demotion, or dismissal.
(a) Fraud in securing appointment;
(b) Conduct unbecoming a public officer or employee, whether on
or off duty;
(c) Conviction of a felony or of a
misdemeanor that would adversely affect performance of duties, or entering a
plea of "no contest" to either;
(d) Misappropriation of County funds or property;
(e) Falsification of County records;
(f) Reporting
to work under the influence of alcohol or narcotic drugs or partaking of such
things while on duty or while on public property where prohibited, except that
prescribed medication may be taken within the limits set by a physician so long
as medically necessary, which are not disruptive to the employee's regular
duties and/or job performance and which have been approved by the Department
Head or the County Manager;
(g) Willful or grossly negligent damage or
destruction of property;
(h) Willful
or grossly negligent acts that would endanger the lives and property of others;
(i) Acceptance of gifts or favors in
violation of the ARTICLE 5, Section 5.1 of this Personnel Resolution;
(j) Incompatible employment or conflict of
interest;
(k) Violation
of political activity restrictions;
(l) Violation
of safety rules of major significance; and
(m) Other
serious reasons.
If a Department Head deems disciplinary action appropriate for an
employee's failure in personal conduct, he shall initiate the disciplinary
process as follows. The Department Head
shall conduct an investigation of the personal conduct incident, gathering
enough evidence to determine the facts that are involved. The Department Head shall then notify the
Human Resources Director in writing that disciplinary action is necessary for
the employee.
The notice shall recommend to the
Medicaid Resolution
The Board was requested to approve a “JOINT RESOLUTION OF BUNCOMBE AND
HENDERSON COUNTY COMMISSIONERS IN SUPPORT OF STATE ASSUMPTION OF COUNTY SHARE
OF MEDICAID COSTS.” A copy of the Resolution is attached hereto and
incorporated as a part of the minutes.
Water and Sewer Line Extensions
The City of
The City of
Extension of Technical Assistance
Contract with
Habitat for Humanity has requested an extension on the
technical assistance contract between the County and
NOMINATIONS
Notification of Vacancies
The Board was notified of the following vacancies and
these will appear on the next agenda for nominations:
1.
2.
Fletcher Planning Board-1 vac.
3.
Solid Waste Advisory Committee-3 vac.
Nominations
Chairman Moyer reminded the Board of the following
vacancies and opened the floor to nominations:
1.
Equalization
and Review Board-2 vac.
Commissioner McGrady nominated Babs Kuykendall and
William Farrell for reappointment to the Board. There were no other
nominations. Chairman Moyer made the
motion to appoint Babs Kuykendall and William Farrell by acclamation. All voted
in favor and the motion carried.
2.
Juvenile
Crime Prevention Council–2 vac.
There were no nominations at this
time so this item was rolled to the next meeting.
3.
Chairman Moyer nominated Drew Brannon for
reappointment to the Program. There were no other nominations. Chairman Moyer made the motion to appoint Drew Brannon by acclamation. All voted in
favor and the motion carried.
4.
Nursing/Adult
Care Home Community Advisory Committee–7 vac.
Commissioner McGrady nominated Reva McClure for
reappointment to Position #23 on the Committee. There were no other
nominations. Chairman Moyer made the motion to appoint Reva McClure by
acclamation. All voted in favor and the motion carried.
5.
Recreation
Advisory Committee-3 vac.
At the February 16th
meeting the following nominations were made:
Position #3 – Terry Maybin
and Frank Edney
Position #4 – Ralph King
and Vince Calvert
Position #5 – Gary Eblen
and Virginia Bailey
The vote was as follows:
Commissioner Baldwin –
Edney, Calvert, Bailey
Commissioner McGrady –
Maybin, King, Eblen
Chairman Moyer - Maybin,
King, Eblen
Commissioner Messer -
Maybin, King, Eblen
Commissioner Young –
Maybin, Calvert, Bailey
Terry Maybin, Ralph King
and Gary Eblen were re-appointed to the Committee.
Prior to the vote on the
Recreation Advisory Committee, there was discussion regarding whether the Board
should consider appointing individuals to Boards if they had not submitted an
application for such. Commissioner Young made the motion that to allow
individuals to be nominated for appointment to a Committee without having an
application on file, but that they must have filed an application to be eligible
for appointment. It was the consensus of the Board to have that motion apply to
all future nominees. All voted in favor
and the motion carried.
DISCUSSION ITEMS
Historic Courthouse Corporation
George Jones gave a presentation regarding the plan to restore the
Historic Courthouse. Several drawings were presented by Dr. Jones, depicting
the four sides of the Courthouse as the Committee envisioned it being restored.
He stated that the front of the Courthouse, the east side, does not need to be
changed, just restored. The back of the Courthouse, the west side, was
recommended to be restored with an addition. Through looking at a view of the
south elevation, Dr. Jones pointed out the proposed location of elevators,
restrooms, and office spaces. Dr. Jones requested support from the Board
regarding the presented concept for the exterior of the Courthouse.
Commissioner McGrady stated that he agreed to the concept in general,
but expressed concern about funding. The Courthouse depictions shown included
the jail and annex being torn down, which could affect the federal monies
planned for the project. Dr. Jones stated that he believed even if the jail was
torn down using local funds, the rest of the money would still be eligible for
renovations. Despite conversations staff had with Congressman Taylor’s office
stating that would not be the case, Dr. Jones felt the money would be coming.
David Nicholson stated that through meetings with Rep. Charles Taylor’s
office, it was his understanding that if an object of “historical significance”
were torn down, we would no longer be eligible for the federal funding.
Commissioner Baldwin questioned how it was being determined that the old jail
was of “historical significance”.
Commissioner McGrady stated that his opinion was to go ahead with the
bid process, and hope that Dr. Jones was correct that the project would still
be funded. Commissioner Young questioned why the County should proceed, when
all indications were that the grant would not allow for the demolition of the
jail. David Nicholson stated that in his opinion, the Courthouse would never be
able to be utilized if some sort of annex were not added to the back of the
building.
Dr. Jones stated that what he was asking was whether the Board liked
the plans he had presented. If so, then they will work out the cost and procedure.
Chairman Moyer questioned if the Board moving forward with accepting bids to
tear down the jail, and reserved working out the issues based on how much money
is received, would be acceptable for Dr. Jones. Dr. Jones answered that there
needed to be a conceptual plan in place before any details could be discussed.
There followed discussion about the need to renovate the Courthouse for County
Administration, when it might be more economically feasible to house County
Administration in the future Human Services Building. Commissioner McGrady
suggested that the Board move forward with the plan to renovate the Historic
Courthouse, with the understanding that the Board will move forward if indeed
it is economically feasible to do so. He discussed the reasons why he felt the
Historic Courthouse should be renovated for use by some County offices. There
followed much discussion, some heated, about the differences of opinion in
proceeding with the jail demolition and what should be housed within that
structure.
Commissioner Messer made the motion to
continue with the removal and the bids on the old jail, and plan to do whatever
is necessary at a future date to accommodate whatever is placed there. Chairman
Moyer requested that he add to the motion that the Board will continue to work
with the Courthouse Committee to try to work out the issues and preserve it to
its original state. Commissioner
Baldwin clarified that the Board was voting to accept the bids, but would still
need to give final authorization as to the individuals chosen to do the actual
demolition. Following some additional discussion regarding whether the funding
was in place to demolish the jail,
Chairman Moyer clarified that the motion was only with respect to going out for
bids on the demolition of the jail, continuing to work with the Courthouse
Committee to try to resolve the Federal funds issue and get better cost figures
on the two alternatives for the renovation. Commissioner Baldwin stated
that he did not hear Commissioner Messer amend his motion to accommodate what
Chairman Moyer had just asked for. Commissioner
Messer amended his motion to accommodate what Chairman Moyer had just stated. A
vote was taken and the motion carried 4-1 with Commissioner Young voting
nay.
Staff presented a resolution drafted by our bond counsel to the Board
of Commissioners for consideration concerning the proposed installment contract
financing for the
First, the resolution makes the necessary findings for the undertaking
and authorizes the preparation of an installment purchase financing contract
which will provide the funding for these two projects. Second, the resolution
authorizes the Chairman and Staff to submit an application to the Local
Government Commission for its required approval of the installment purchase
financing contract. The resolution also
authorizes staff to apply for municipal bond insurance with respect to the
contract and approves the financing team necessary to complete the process. Last,
the resolution calls for a required public hearing on the financing documents
to be held on the Board of Commissioner’s March 23, 2005 meeting date at 11:00
a.m. and directs the Clerk to the Board to cause a notice of the public hearing
to be published in the local newspaper.
Commissioner McGrady moved that the
following resolution (the "Resolution"), a copy of which was made
available to the Board and which was read by title:
RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE
NOW THEREFORE, BE IT RESOLVED BY THE
BOARD OF COMMISSIONERS OF THE
Section 1. The Chairman of the Board, the County
Manager, the Finance Director and the Clerk to the Board are hereby authorized
and directed on behalf of the County to proceed with the preparation of the
Contract providing for the financing of an amount not to exceed $26,000,000
(excluding reserves and costs of issuances) at an annual interest rate not to
exceed 5.5% and a term not to exceed 20 years, and otherwise proceed with the plan
of financing for the Facilities described at this meeting.
Section 2. The Chairman of the Board, the County
Manager, the Finance Director and the Clerk to the Board are hereby authorized
and directed to submit an application for the LGC's approval of the Contract
pursuant to N.C.G.S. Section 160A-20 and Section 159-148, and to execute a
sworn statement of debt of the County pursuant to N.C.G.S. Section 159-150, in
connection with the financing of the Facilities.
Section 3. The County staff is hereby authorized to
apply for municipal bond insurance with respect to the Contract.
Section 4. The financing team of LeBoeuf, Lamb, Greene
& MacRae, L.L.P., as special counsel, BB&T Capital Markets, a division
of Scott & Stringfellow, Inc. as underwriter, Robinson, Bradshaw &
Hinson P.A., as underwriter's counsel, and First-Citizens Bank & Trust
Company, as trustee, is approved.
Section 5. This Resolution shall become effective
immediately upon its adoption and shall supersede any and all previous
resolutions regarding the design, acquisition, construction, renovation and/or
equipping of the Facilities on an installment financing basis.
Section 6. That a public hearing (the "Public
Hearing") shall be conducted by the Board of Commissioners on March 23,
2005 at 11:00 a.m. in the Commissioners’ Meeting Room of the County
Administration Building at 100 North King Street, Hendersonville, North
Carolina, concerning the Contract, the Deed of Trust, the proposed design,
acquisition, construction, renovation and/or equipping of the Facilities and
any other transactions contemplated therein and associated therewith.
Section 7. The Clerk to the Board is hereby directed to
cause a notice of the Public Hearing to be published once in a qualified
newspaper of general circulation within the County on March 10, 2005.
On motion of Commissioner McGrady, the
foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF
THE COUNTY OF HENDERSON, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN
INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH
RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH" was
duly adopted by the following vote:
AYES: Chairman Moyer, Commissioner
Messer, Commissioner Baldwin, Commissioner Young, Commissioner McGrady.
NAYS: None.
Commissioner McGrady made the motion to
set the required public hearing on the financing documents to be held on the
Board of Commissioner’s March 23, 2005 meeting date at 11:00 a.m. All voted in
favor and the motion carried.
Update on Pending Issues
David Nicholson stated that it was his understanding that the School
Board would be declaring the Tuxedo School Site as surplus at an upcoming
meeting, at which time the property would first be offered to the County. In
accordance with the Strategic Plan,
Commissioner Messer questioned whether the old building could be
preserved and used for the needs of the community. David Nicholson stated that
he believed to use the property to its fullest advantage, the existing
structure would have to be torn down.
Katherine Taylor stated that the community had been in search of a
recreation area, and hoped that the property could be utilized. It was her
opinion that the existing structure would have to be torn down. Chairman Moyer
stated that he agreed the property would be declared surplus, but no agreement
had been reached regarding what the County would pay for it, if anything. However,
he felt the issue would be worked out in some fashion.
DSS Staffing Request
Liston Smith was present presenting a request for one (1) additional
full-time worker and two (2) part-time workers to be increased to full-time. The
level of demand for Infant and Children Medicaid and Health Choice services for
children of working families continues to steadily increase. Since FY 2001/2002, Health Choice has
increased 102% and Infant and Children’s Medicaid 91%. Of
particular note is the 37% increase in mail-in applications over the previous
twelve months. 45% of all children in
Funds were available in the Social Services operating budget to cover the
increased county cost ($7,394) through the remainder of this fiscal year. Additional county costs for next fiscal year
would be $37,116. Staffing (one full time employee) for Health Choice had not
increased since FY 2001/2002. Adjustments through workload
reassignments/redistribution did not appear reasonable as an option. Significant levels of demand increases were
being experienced in all assistance programs, especially Food Stamps.
David Nicholson had made a negative recommendation on the request, and
Commissioner McGrady asked him to explain that recommendation. Mr. Nicholson
stated that he did not argue with anything Mr. Smith had said, but his opinion
was that issues with growth should be addressed as part of the budget process.
There was some discussion about where the available funds for the
positions had come from.
Commissioner McGrady made the
motion to authorize one (1) additional full time worker and increase two (2) additional
part-time workers to full-time with the funds to be paid out of the remaining
Social Services operating budget for this fiscal year. Following some discussion about
the request being made out of the budget cycle and the clarification that the
continuum of the positions would be dealt with in the next budget cycle, Commissioner McGrady restated his motion,
stating “I have moved to authorize the Department of Social Services to hire
one full time position and the upgrading of two part-time positions to full
time positions”. The motion failed 2-3 with Commissioners McGrady and Messer
voting aye.
Commissioner Young made the
motion to accept the positions for this budget cycle. The continuation of the
positions would be considered during budget deliberations for the coming year. There
followed much additional discussion, culminating in Commissioner Young
restating his motion stating “my motion
is to give him (Liston Smith) the authorization to take this money and use it
for temporary employees during this budget cycle whether he needs to increase
their hours or whatever.” Commissioner
PUBLIC HEARING - Rezoning Application R-04-05,
I-2 to R-10, Hollabrook Farms, Inc., Applicant William M. Alexander, Jr.,
Applicant’s Agent
William Alexander requested that given the length of the public
hearing, the Board proceed with the remainder of the agenda and hold the public
hearing following the remaining items. It was the consensus of the Board to
hold the Public Hearing as the last agenda item.
Public Health Department-Staff Request
The NC Division of Medical Assistance had offered to the Henderson
County Department of Public Health funds of $33,879.62 per year to be used to
hire a full-time Health Check Coordinator.
This Health Department employee would be placed at the Medicaid Division
of the Henderson County Department of Social Services to assist Medicaid
recipients to assure that they are effectively utilizing Medicaid services
while limiting use of the higher cost options, such as hospital emergency
rooms. The Health Check Coordinator
would work with patients of all medical providers and medical assistance
agencies to assure appropriate services access.
The total cost for the position annually would be $37,755.62 and would
require a “local match” of $3,876.00 that would be provided by the Department
of Social Services. The position needs
to be filled by April 2005 in order to receive those funds; otherwise the offer
will be made to another qualifying county. Following several questions for Mr.
Bridges from the Board, Commissioner
McGrady made the motion to authorize the position for a full-time Health Check
Coordinator. All voted in favor and the motion carried.
Update on Pending Issues
Cemetery Advisory Committee Charter
Commissioner Baldwin noted that Strategy 1.11 of the Strategic Plan
called for the Board to conduct an inventory of historic, culturally
significant sites and structures as related to the cemetery issue. He
questioned whether the Board wished to classify some cemeteries as historically
significant, and if so, how that would be accomplished. He suggested revisiting
the Charter for the existing Cemetery Advisory Committee to allow them to
perform this function.
Commissioner Messer asked Russ Burrell his opinion of changing the
structure of the Charter and how private property would be affected. Mr.
Burrell stated that if the Board wished simply to classify cemeteries, that
would not affect private property rights. If that classification in some way
restricted use of land, the Board would have to start thinking about what type
restrictions could be applied without taking property. Commissioner Baldwin
requested the
Asheville-Buncombe-Henderson Regional
Water Authority
Chairman Moyer updated the Board on the recent happenings with the
Authority. He had met with
It was Chairman Moyer’s position that to come up with an effective
resolution of the issue, the City of
·
A $1.5 to $2
million payment to
·
The City of
·
·
Further movement
would be toward some type of planning vehicle on a coordinated basis.
Through the gracious cooperation of the Mayors of
Mayor Niehoff addressed the Board on the idea of a Production Authority.
He noted that the idea had been discussed about ten years ago, but had not
worked out because of differences in opinion over ozoneation of water.
There was some discussion about the source of the water. Mayor Niehoff
stated that ten years ago, the State had authorized a combined draw of 25
million gallons per day from the
Following additional discussion about how the provision of water would
affect annexations, future growth within the County, the water rates being
charged in the region, Commissioner
McGrady made the motion to authorize Chairman Moyer to continue discussions
with the City of Hendersonville, the City of Asheville and Buncombe County if
they reconsider their position consistent with the broad outline of an
agreement as discussed tonight. All voted in favor and the motion carried.
Facilities
Commissioner Young deferred discussion on facilities to an additional
meeting.
Airport Property Issue
David Nicholson stated that he had not received a formal response to a
letter sent to the Airport Authority based on discussions at a previous meeting.
However, a meeting had been scheduled for the coming week between the Chair and
Vice-Chair of the Board of Commissioners and the Airport Authority. Chairman
Moyer stated that he would proceed in that meeting based on the Board’s
previous discussion, pursuing a full voting seat on the Authority and payment
in lieu of taxes for properties purchased by the Airport Authority.
Legislative Conference Update
Commissioner Messer updated the Board on a Resolution in support of a
County-wide Local Optional Education Lottery. 25 counties would have the option
to take a lottery to the legislature for a vote. If passed, those 25 counties
would receive 25% of the revenue brought into that county, with the other 75%
going back to the State. There had been discussion about why the proposal was
for only 25 counties, and Commissioner Messer expected that there would be a
lot more discussion in the future, especially in light of the State’s $1.2
billion shortfall.
Commissioner McGrady clarified that this was just a House bill that had
been introduced. The Resolution in support of a local option lottery was passed
by the NCACC. It had no force of law, but having taken a position, the NCACC
had requested that Boards adopt a Resolution in support of a local option lottery.
Chairman Moyer agreed it had no force of law, but did have the force of policy
for the Association. Chairman Moyer further stated that he would not place this
on a future agenda unless requested to do so by another Board member.
IMPORTANT DATES
Commissioner McGrady reminded the Board that there was a meeting
scheduled on March 21st for the US 25 North Zoning study area. He
did not feel that the current zoning ordinance was adequate to the task of this
rezoning. The Planning Board, when suggesting certain zonings, had acknowledged
that the area would need to be rezoned following adoption of the new ordinance.
Since the County was due to rewrite the zoning ordinance in the calendar year,
he suggested postponing the March 21st meeting, and asking the
Planning Board and Staff to move forward as quickly as possible on the zoning
ordinance rewrite.
Karen Smith stated that she planned to roll any existing land
development related regulation into the planned land development code.
Ordinances scheduled to be written in the future would be incorporated upon
their adoption. She anticipated having a draft on the new ordinance to the
Board by late fall. Commissioner Messer questioned how the DOT’s timeframe for
completion of Hwy. 25 would coordinate with the proposed code. Ms. Smith
believed the road construction was planned to conclude in fall, 2006 and the
time frames might begin to coincide a bit more.
There was discussion about the various things that could happen within
the study area were the hearing postponed as suggested. Commissioner McGrady
stated that if there were a serious concern that requests for rezoning in the
area would begin flowing in, he would offer a motion to suggest the Board put
in place a moratorium on re-zonings within the study area until the topic was
revisited. Commissioner McGrady made the motion to indefinitely postpone the hearing
on the
David Nicholson stated that there were two issues present. The first
was that the Board could set a policy not to review any re-zoning requests. If
the Board wished to enact a formal moratorium, they would need to hold a public
hearing and enact an Ordinance. Commissioner
McGrady made the motion to direct staff to come back to the Board after
consultation with the Planning Board, with dates and language for a moratorium in
the
Commissioner McGrady made the motion to
use that process. Commissioner
Baldwin clarified that Commissioner McGrady was only requesting no re-zonings
be permitted, not that no permits be issued. Given the amount of land in that
area currently zoned open use, Commissioner Baldwin requested Commissioner
McGrady amend his motion. He questioned whether the County issues certificates
of zoning compliance. Karen Smith answered that initial zoning permits were
issued. He requested Commissioner McGrady amend his motion to basically place a
moratorium on the issuance of zoning permits during the duration.
Following additional discussion, Commissioner McGrady withdrew his
motion, and requested staff come back with a series of options allowing the
Board to create a moratorium on a range of possible zoning changes, and a range
of activities that would currently be permitted in the Open Use areas.
The Board took a brief technical break.
Following the break, Commissioner Baldwin expressed concern that once
the word got out that the Board was considering a moratorium, the Planning
Department would be inundated issuing permits until the effective date of the
moratorium. He suggested placing a stay on issuing the permits necessary to
move forward with development for a minimum of four weeks or until such time as
the moratorium takes effect. Russ Burrell stated that he felt there were ways
in which the Board could do that, and requested the Board allow him to do some
research on the subject during the public hearing. Chairman Moyer requested Mr.
Burrell proceed with that research and report back to the Board following the
close of the public hearing.
PUBLIC HEARING - Rezoning Application R-04-05,
I-2 to R-10, Hollabrook Farms, Inc., Applicant William M. Alexander, Jr.,
Applicant’s Agent
Commissioner McGrady made the motion to go into Public
Hearing. All voted in favor and the motion carried.
Autumn Radcliff stated that
rezoning application #R-04-05, which was submitted on December 20, 2004
requested that the County rezone a 106.57 parcel of land, located off
The property was unzoned
until May 16, 2001, when it was zoned Open Use by the Commissioners. In 2002,
Hollabrook Farms applied to rezone the property, as well as the balance of the
original tract, to the I-2 designation. That application was favorably
received, and the property was rezoned I-2.
Ms. Radcliff then reviewed
the Planning Department’s Staff Report. That detailed discussion covered the
location, current zoning, a comparison of the districts, adjacent uses,
utilities/infrastructure, the previous rezoning request, the subject area as it
related to the 2020 County Comprehensive Plan, Staff comments and
recommendations and Planning Board recommendations.
With regard to the Planning
Board recommendations, the Henderson County Planning Board first considered
rezoning application #R-04-05 at its regularly scheduled meeting on Tuesday,
January 18, 2005, at which time the Board took the following actions:
1.
Voted three to
three (3-3) on a motion to send the Board of Commissioners an unfavorable
recommendation on rezoning the Subject Area to an R-10 district. Motion failed.
2.
Voted four to two
(4-2) on a motion to send the Board of Commissioners a favorable recommendation
on rezoning the Subject Area to an R-10 district. Motion passed.
With regard to the Staff
comments and recommendations:
Before taking action on the
application, the Board of Commissioners must hold a public hearing. In
accordance with Section 200-76 of the Henderson County Zoning Ordinance and
State Law, notices of the March 9, 2005 public hearing regarding rezoning
application #R-04-05 were published in the Hendersonville Times-News on
February 23, 2005 and March 2, 2005. The Planning Department sent notices of
the hearing via first class mail to the applicants and owners of properties
adjacent to the Subject Area on February 25, 2005. Planning Staff posted signs
advertising the hearing on the Subject Area on February 25, 2005.
Public Input
1.
William Alexander
– Mr. Alexander requested he be allowed to give input following the other
speakers. He also stated that he had an affidavit from Myra Wood to present as
a part of his presentation.
2.
3.
Billy Johnston – Mr.
Johnston stated that he was a landowner of a parcel on the south side of Butler
Bridge Road, and was representing Tap Root Dairy on the north side of Butler
Bridge Road. He had no opposition to the rezoning request. He stated that he
was a fourth generation dairy farmer, and understood the difficulties of
putting back money for retirement. He felt that it was wrong for the public or
the government to force anyone to hold property for an industrial use.
4.
Jeff Young – Expressed
his concern about the proposed rezoning. All signs pointed toward the land in
question being ideally suited for industrial development. A new sewer line was
almost ready for use, and he felt that would help promote business. He felt the
wrong message would be sent to industry if the use was changed to residential,
and if the rezoning occurred there would be no turning back to possible
industrial use. He requested the Board maintain the current industrial zoning
designation. Mr. Young answered several questions from the Board.
5.
William Alexander
– Mr. Alexander distributed a packet of handouts to the Board. He stated his
appreciation for both Planning Director Karen Smith, and the Henderson County
Chamber of Commerce’s Partnership for Economic Development. He clarified a
point made by Ms. Radcliff, stating that the property had actually been on the
market as industrial property for 13 years, not three.
He reminded the Board that in
2000, Karen Smith had been commissioned to perform the Mills River/Fletcher
Land Use Study. She had presented that
Study to the Board on March 21, 2001. Mr. Alexander identified the following
points he felt were relevant to that study:
·
Staff had
recommended adequate infrastructure be provided before growth occurs.
·
Land should be
reserved for high-density residential, commercial and industrial development
where public water and sewer are provided.
·
It is important
to provide appropriate opportunities for commercial and residential growth in
the study area.
·
The goal of the
study was to provide a roadmap which would lead to the application of land use
regulation in each area of the County in a manner which will balance private
interest with community interest, manage growth, guide development and regulate
density as necessary in each area.
Mr. Alexander then discussed
the growth projections sited in the study versus the actual growth that had
been realized in the County since the study was completed. The Study quoted the
then current statistics on projected population increases for
Mr. Alexander noted that in
2001, there were 12 stand alone industrial sites available for sale in
Mr. Alexander continued to discuss
specific aspects of the growth projections. He noted that the percentage of our
population over age 60 was growing at a rate far in excess of the overall
population growth rate, increasing the needs in the County for services of all
types, and hastening the transition of our local economy from an industrial
based economy to a services based economy. He also discussed the number of
building permits and average dwelling costs currently being experienced in the
County, and how the availability and cost of housing was an additional factor
in attracting industry to the County.
Mr. Alexander requested the
Board consider the application in light of the overall 2020 CCP’s economic
development strategy. By adopting the 2020 plan, the Board acknowledged that they
should support the results of the 2001 Lockwood Greene study. That study
focused specifically on economic development from the industrial standpoint,
making it incumbent upon the Board to keep the balanced vision of the county’s
overall economy. Changes in the economic environment were due to the events of
September 11th, the increase in the overall population of the County and
specifically the predominance of retired residents, and the closure of multiple
industries on a regional and county level. In fact, Mr. Alexander noted that
the President of the Partnership for Economic Development had stated that the
focus should be on retention of industry as opposed to development.
The Lockwood Greens study
also noted that it was necessary to explore options to increase the supply of
affordable housing. Housing costs were identified as a weakness to the County’s
appeal to new and expanding employers. Additionally, the CCP had multiple
sections addressing the need for higher density housing. Mr. Alexander stated
that granting the rezoning application would support the strategic policy of
the CCP by helping to satisfy the needed element of affordable housing. He
continued discussion of the attributes of the property that made it suitable
for high density residential development and how that type of development
actually promotes green spaces.
Commissioner Baldwin
questioned with whom the property was under contract. Mr. Alexander stated that
it was under contract with Windsor Aughtry.
Karen Smith noted for the
record that many of the statistics cited by Mr. Alexander were accounted for in
the 2020 CCP, which did update the 2001 Mills River Study. Commissioner Messer
clarified that the last vote that came from the Planning Board on the rezoning,
was a 4-2 favorable recommendation. Commissioner Baldwin noted that the
Committee of 100 had reversed their position on the issue, but questioned
whether they had taken a neutral position or were actually supporting the
rezoning. Mr. Alexander stated that to be accurate, as he heard the decision
reported, “their decision was not to op, to withdraw their opposition, not to
oppose the application.”
Commissioner McGrady made the motion to go out of
Public Hearing. All voted in favor and the motion carried.
Commissioner McGrady stated
that had he been asked to vote on this previously, he probably would have voted
to deny the application. However, he felt Mr. Alexander had provided evidence
that there had been changes in existing conditions to justify granting the
proposed rezoning. Additionally, he felt the change in the Partnership for
Economic Development’s position was important, in that they were not opposing
the rezoning.
Commissioner Baldwin stated
that Mr. Alexander’s presentation had reminded him that planning does not occur
in a static environment, things are always changing. However, he was not ready
to give up on the possibility of the site being used for industrial
development.
Commissioner Messer made the motion to rezone application #R-04-05, from I-2 to R-10 for
Hollabrook Farms, Inc.
Following additional comments from Chairman Moyer concerning the need for both
industrial sites as well as affordable housing, a vote was taken on the motion.
The motion carried 3-2 with Commissioner
Young and Commissioner Baldwin voting in opposition.
IMPORTANT DATES -
continued
Russ
Burrell suggested the following to enact a temporary moratorium on new
construction or zoning compliance permits within the US Highway 25 North zoning
study area. “The Board finds it necessary for the protection of public health,
safety and welfare to order the complete but temporary cessation of the
granting of new construction or zoning compliance permits, and in the allowing
of other changes in the currently allowed land uses in the US Highway 25 North
zoning study area. Pending this order this Board’s consideration of a possible
moratorium on rezoning and other issues in such area, and the adoption of a new
comprehensive Land Development Ordinance in the County, the Board would need to
find that a moratorium as ultimately adopted by this Board will likely not be
as restrictive as a temporary complete cessation ordered in this order. But
given that the required process is for drafting, for Planning Board approval,
for Public Hearing and for the adoption of a formal moratorium, a permit crisis
in the absence of such an order would occur whereby land owners and others in
the study area would see permits for uses inconsistent with those uses
ultimately deemed to be consistent with the health, safety and welfare of the
County as a whole by this Board. The establishment of a temporary complete
cessation is a necessary and proper exercise of the police power by the Board
to prevent a crisis and to protect the health, safety and welfare. I would
suggest that the Board hereby order no construction, zoning compliance permits
or other governmental approvals or permits which would allow changes in the
currently permitted land uses for an application which has not yet been filed
by the close of business of today be allowed in the Highway 25 North zoning
study area. The provisions of this order dealing with construction permits,
zoning compliance permits and other government approvals and permits would be
deemed severable. The order will remain in effect until consideration by this
Board of a moratorium on rezoning and other land uses in the Highway 25 North
zoning study area. But in any event this order would expire by the close of
this Board’s meeting on 4, April, 2005.”
He
further recommended the Board set a Public Hearing on such a moratorium for 4,
April, 2005. That would give staff time to come back to the Board at the
mid-month March meeting with a proposed moratorium that would also be reviewed
by the Planning Board. Commissioner
McGrady moved the above, with the addition of the findings of fact stated in
the motion. He then moved the public hearing if the moratorium was approved.
The motion carried 4-1 with Commissioner Young voting in opposition.
Commissioner McGrady made the motion to
set the Public Hearing for the April 4, 2005 at 7:00pm. All voted in favor and
the motion carried.
CANE
CREEK WATER & SEWER DISTRICT – no business
CLOSED
SESSION – none
ADJOURN
Commissioner McGrady made the motion to
adjourn the meeting at 10:30. All voted
in favor and the motion carried.
Attest:
Amy R. Brantley, Deputy Clerk to the Board William L. Moyer, Chairman