MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at
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
Justin Hembree, Acting County Attorney Russell Burrell, and Clerk to the Board
Elizabeth W. Corn.
Also present were:
Planning Director Karen C. Smith, Budget and Management Director Selena
Coffey, Public Information Officer Chris
S. Coulson, Fire Marshal Rocky Hyder, County Engineer Gary Tweed, Finance
Director J. Carey McLelland, and Planners Lori Sand and Matt Cable. Deputy
Clerk to the Board Amy Brantley was present through nominations.
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Chairman Moyer led the
Pledge of Allegiance to the American Flag.
INVOCATION
David Nicholson gave the
invocation.
INFORMAL PUBLIC COMMENTS
There were none.
DISCUSSION/ADJUSTMENT OF AGENDA
David Nicholson
requested that Consent Item “J” be moved to Important Dates. Chairman Moyer made the motion for the Board
to approve the agenda with that change.
All voted in favor and the motion carried.
CONSENT AGENDA
Commissioner McGrady made the motion to approve the consent
agenda, with the exception of item “J – Subdivision Ordinance Variance,
The Consent Agenda now
consisted of the following:
Minutes
Draft minutes were
presented for the Board’s review and approval of the following meeting(s):
Tax Collector’s Report
Terry F. Lyda, Henderson
County Tax Collector, had provided the Tax Collectors Report dated
Tax Releases
A list of 18 tax release
requests was presented by the
Tax Refunds
A list of 9 tax refund
requests was presented by the
Tax Discoveries
A list of 15 tax
discovery requests was presented by the
CJPP Grant
Each fiscal year, the
Criminal Justice Partnership Program (CJPP) grant application is placed on the
Board of Commissioners’ agenda for review.
There are no County funds required for this grant. The grant provides funding for substance
abuse treatment to sentenced offenders and the County’s Pre-Trial Release
Program.
The grant application
has been approved by the CJPP Advisory Board and must be submitted to the
Division of Community Corrections by
Staff requested that the
Board approve the CJPP grant application as provided and authorize the
WCCA Community Services Block Grant
Staff had provided a copy
of WCCA’s FY 2005 Community Services Block Grant Application to the NC
Department of Health and Human Services in the amount of $186,489 (no county
funding). The application was approved by the WCCA Board of Directors on
HIPAA Security Policies
Federal law requires all
medical care providers to be subject to the “Administrative Simplification”
provisions of the Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191, known colloquially as “HIPAA”). In 2002 this Board elected “hybrid entity” status
under HIPAA (only those units of Henderson County government which actually
fall under HIPAA’s reach are required to meet its requirements, rather than all
of County government), and in 2003 this Board adopted privacy policies as
required by HIPAA. HIPAA now requires
adoption of policies addressing electronic data security.
The proposed policies
and proposed resolution adopting the policies are intended to allow
The
2005 HOME Program Allocations
This board action is to
inform the Board of Commissioners that
This year’s allocations
process was somewhat difficult, as the Consortium had applications totaling
approximately $2.2 million and HOME funds of only $1.4 million. Therefore, the Board had to make some
difficult decisions regarding some excellent projects across the region.
This item was for
information purposes only – no action was required.
Contract, former City Water Department building
Pursuant to the Board of
Commissioner’s direction at its January 3 meeting,
Under the terms of the
option agreement, both the County and the City were to obtain appraisals for
the property and the average of the two appraisal prices is to be the purchase
price. The appraisal obtained by the
County indicated a value for the real estate of $782,100.00, and the appraisal
obtained by the City indicated a value for the real estate of $851,000.00. The average of the two figures is
$816,550.00. The proposed contract
indicates that amount. (Both the
County-obtained and City-obtained entire appraisals are available for
inspection in the
The
The Board was presented
a proposed Agreement with Mr. and Mrs. William Harper, who own the real estate
adjoining that owned by the County which is the site for the future
The settlement of this
matter was discussed by the Board with its attorney in closed session on
The
Extracts of
Amy Brantley is working
on the draft minutes of the
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear on the next agenda for
nominations:
1.
Environmental
Advisory Committee – 1 vac.
2.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
1.
Amy Brantley explained
to the Board that all the positions will become vacant later this month. She sent letters to all twenty members,
asking if they wished to be reappointed to the committee. She has heard from all those people and
everyone except for Mr. Nicholson in position #8, Greg Garland in position #13,
and Bob Goodwin in position # 15 would like to be reappointed.
David Nicholson has
recommended Rocky Hyder serve in position #8 as the County Government Official
representative.
Terry Layne has
recommended that Rhonda Brissie serve in his place in position #13.
Bob Goodwin has
recommended Gayle Sams serve in the Pardee Hospital Administration slot in
position #15.
Frank Simpson has
indicated he is unable to serve another term.
Per Terry Layne, this position can be eliminated as Jay Alley is serving
as the BRCC EMS Educator. (position #20)
Ms. Brantley informed
the Board that we did not have an application on file yet for Gayle Sams. It has been e-mailed to her and Ms. Brantley
asked that she send it back as soon as possible.
Commissioner Messer made the motion to approve all these
persons except for position #15. All voted in favor and the motion carried.
Commissioner Baldwin made the motion to eliminate position
#20. All voted in favor and the motion
carried.
2.
Fletcher Planning Board
– 1 vac.
Commissioner Messer
nominated Dewayne Jones. There were no
other nominees. Chairman Moyer made the motion to accept Mr. Jones by acclamation. All voted in favor and the motion carried.
3.
Juvenile Crime
Prevention Council – 2 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
4.
Nursing/Adult Care Home
Community Advisory Committee – 6 vac.
There are six vacancies
but only two that the Board can act on at this time. For position #7, Joy Davenport has indicated
that she is willing to continue to serve.
For position # 21, Leca Harris has indicated that she is willing to
continue to serve, if reappointed.
Commissioner McGrady moved the reappointment of both Joy
Davenport and Leca Harris. There were no other
nominees. A vote was taken and the motion carried.
5.
Solid Waste Advisory
Committee – 3 vac.
James Phelps in position
#2 and Emily Anderson in position #5 have both
indicated a willingness to continue to serve, if nominated.
Commissioner McGrady moved the reappointment of Mr. Phelps
and Ms. Anderson. There were no other nominees. All voted in favor and the
motion carried.
Commissioner McGrady moved the nomination of Tom McCullough
for the vacant position (#9). He will
submit an application between now and the next meeting.
Chairman Moyer
recognized Sheriff George Erwin to present this item regarding a potential
contract with
On November 24, the
Mills River Town Council unanimously approved a measure that would lead to the
hiring of a new Sheriff’s Deputy.
Captain Davis explained
that the Town of Mills River is interested in entering into a contract with the
Sheriff’s Department to provide law enforcement services within its municipal
limits. The Town has agreed to pay all
costs (personnel, training, and equipment) associated with one full-time patrol
officer. The Town is interested in
entering into a three-year contract with the Sheriff’s Department.
1.
Establish
a new deputy position within the Sheriff’s Department to serve as the Town of
Mills River’s patrol officer and
2.
Authorize
the Sheriff to enter into a three-year contract with the Town of Mills River to
provide law enforcement services through one patrol officer with the
understanding that the Town of Mills River will pay the County for all costs
(personnel, training, and equipment) associated with the patrol officer.
Commissioner Messer made the motion to hire a new deputy
position within the Sheriff’s Department to serve the Town of Mills River and
to authorize the Sheriff to enter into a three-year contract with the Town of
Mills River to provide law enforcement services through one patrol officer with
the understanding that the Town of Mills River will pay the County for all
costs (personnel, training, and equipment) associated with the patrol
officer. All voted in favor and the
motion carried.
REFERRAL OF
This draft ordinance is
in furtherance of the order ceasing the granting of land use permits of all
sorts in the US 25 North zoning study area pending adoption of a limited
moratorium ordinance. A required
procedure for this type ordinance is its referral to the Planning Board for
review and recommendations prior to Commissioner consideration. The Board has already scheduled a public hearing
on the review of this moratorium ordinance (in some form) for the
This resolution refers
the draft ordinance to the Planning Board and requests their response in
advance of the
Russ Burrell presented
this item. He and Karen Smith answered questions. The
Commissioner McGrady made the motion to refer this draft
ordinance to the Planning Board for consideration prior to our next meeting (
Discussion followed. A vote was taken and the motion carried
unanimously.
DRAFT FLOOD DAMAGE PREVENTION ORDINANCE
Karen Smith reminded the
Board that through the public input process of the Henderson County 2020
Comprehensive Plan (CCP) development, water quality, air quality, floodplain
protection, and protection of scenic views and mountain areas all ranked very
high in importance. Based on this public
input and other factors influencing growth in
Rocky Hyder began review
of the Power Point presentation on this issue, a copy of which is attached as a
part of these minutes. Karen Smith picked back up with the things included in
the Comprehensive Plan and other studies that the Planning Department has
completed (part of the Power Point presentation).
Floodplain management is
critical to flood minimization as the county continues to grow. Natural floodplains that are amply vegetated
and clear of manmade obstructions serve an important role by allowing
floodwaters to spread across their extent.
This spreading action, coupled with the friction provided by vegetation,
reduces the velocity and force of floodwaters and allows the floodplain to
absorb some of the volume. Floodplains
also provide valuable wildlife habitat and are necessary for the protection of
water quality. Furthermore, floodplain
lands are often productive agricultural areas that play an extremely important
role in the agricultural component of the county’s economy, and their
protection would further the recommendations of the Agriculture Element of the
CCP.
Thus far,
In addition to public
sentiment, floodplain management is critical due to recent changes in
According to the
Multi-Jurisdictional Hazard Mitigation Plan, flooding has repetitively affected
the unincorporated areas of
1.
Encourage
County participation in the National Flood Insurance Program and subsequent
participation in the Community Rating System Program.
2.
Develop
a
The NFIP provides flood
insurance to individuals in communities that are members of the program. Membership in the program is contingent on
the community adopting and enforcing floodplain management and development
regulations. Part of the NFIP is the
Community Rating System (CRS), a program that adjusts flood insurance premiums
in relation to a community’s investment in flood damage mitigation. To be included in the system, a community’s
floodplain management procedures must be reported and evaluated. There are ten classes within the CRS system,
with 1 providing the greatest premium reduction and 10 providing no reduction.
The recommendations from
the Comprehensive Plan and the Hazard Mitigation Plan echo earlier
recommendations of the 1993 Comprehensive Land Use Plan and the Mills
River/Fletcher Area Land Use Study.
Additionally, the Board of Commissioners’ 2005 Strategic Plan, Strategy
1.7, Action Step 1, lists the adoption of a Flood Hazard Prevention Ordinance
as an action to be completed in FY 04 -05.
As a result of prior
discussions by the Board of Commissioners and in order to implement the goals
and recommendations in these previously mentioned plans, the Henderson County
Flood Damage Prevention Ordinance has been drafted and was submitted to the
Board of Commissioners for review and adoption.
A summary of the ordinance was attached as a separate memo.
David Nicholson
recommended that the Board determine if it wants to hold a workshop, refer the
draft ordinance to other boards, committees and groups for comment and/or
consider if it wants to set a public hearing date to initiate the adoption
process for the Henderson County Flood Damage Prevention Ordinance.
The proposed Flood
Damage Prevention Ordinance is more stringent than the minimum FEMA standards.
The most significant difference is that according to FEMA standards communities
are allowed to permit development in floodplains in the A zones and B zones
provided they elevate, floodproof and do other things such as that but we have
limited what uses would be allowed in those A and B zones.
Currently the ordinance
would be administered through the Planning Department. If the Board develops a Department of
Inspections and Permitting, it would be enforced through that department.
Karen Smith recommended
that the Board refer this item to the Planning Board. The Board is not required to do so, because
it is under our Police Power currently instead of under Zoning.
Commissioner McGrady made the motion to refer this draft
ordinance to the Planning Board and Agriculture Advisory Board for comment and
that the Board set a public hearing for Monday, May 2 at
PROPOSED COMPREHENSIVE PLAN AMENDMENT PROCESS
Karen Smith reminded the
Board that at their February 18 meeting the Board had asked staff to propose a
process for amending the Henderson County Comprehensive Plan. Establishing a Comprehensive Plan amendment
process is critical in order to maintain the integrity of the CCP and its
successive Small Area Plans. Staff
conducted research regarding plan amendment processes in
The draft process
addresses amendment types, those parties who may initiate each type of
amendment, and includes interim, five-year and annual review and amendment
schedules and procedures. The amendment
types identified, the permitted parties that may initiate them, and the
schedule to be followed are as follows:
Substantive
amendments, which change the meaning or intent of the plan, may be initiated
by: (1) the Board of Commissioners for consideration during the interim,
five-year and annual review periods or at any time outside of the annual review
period; or (2) the
Administrative
amendments, which correct errors of a technical or clerical nature, may be
submitted to the Planning Director by the Board of Commissioners,
As a result of prior
discussions by the Board of Commissioners and in order to maintain the
integrity of the Comprehensive Plan and successive Small Area Plans, the
Henderson County Comprehensive Plan Amendment Process had been drafted and was
submitted to the Board of Commissioners for consideration.
David Nicholson
recommended that the Board adopt the proposed Henderson County Comprehensive
Plan Amendment Process by approving the prepared draft resolution.
Discussion
followed. It was suggested that some
wording be deleted from the next to the last paragraph on the last page of the
draft “Henderson County Comprehensive Plan Amendment Process”. The wording to be deleted was “after the
completion of the last Small Area Plan”.
Chairman Moyer made the motion to adopt the proposed
Comprehensive Plan Amendment Process with the suggested change on the last page
as well as adopt the resolution. All voted in favor and the motion carried.
ANIMAL SERVICES
Rocky Hyder reviewed
three issues with the Board concerning animal services:
#1. Staff requested comment and consideration
of the prepared amendment to the Animal Ordinance (Chapter 66-A, Henderson
County Code) establishing guidelines and permit requirements for Kennels and
Catteries.
#2. A civil penalty fee schedule was attached
for the Board’s consideration and required formal adoption by the Board to be
utilized.
Commissioner McGrady
made the motion to adopt the amendment as proposed regarding kennels
and catteries as well as
the proposed fee schedule. All voted in
favor and the motion carried.
#3. Staff also requested the Board consider
tasking the Animal Services Committee with development of Animal Ordinance
amendments regarding Exotic Animals, Security Dogs and Animal Restraint.
Commissioner McGrady
made the motion to task the Animal Services Committee with these three items,
as proposed. Commissioner McGrady
clarified that the Board is not telling the Committee to come
forward
with an Animal Restraint yet, just tasking with that if they determine that
there is that need.
A vote was taken and the
motion carried unanimously.
FINANCIAL MANAGEMENT POLICIES
Carey McLelland informed
the Board that as part of the County’s 2005 Strategic Plan, Goal #3, Strategies
3.1 and 3.2, Staff had prepared two financial management policies for the
Board’s consideration and approval.
The first policy deals
with the County’s General Fund Balance Reserves and the minimum and desired
levels that should be available for appropriation in a fiscal year. This policy also discusses what reserves
should be used for and the budgetary/financial options available to maintain
available fund balance at desired levels.
As a part of this policy, the
The second is a Debt
Management Policy to be used as a guideline in managing future debt issuances
by the County. It addresses areas such
as the purpose and different types of debt that may be issued, maximum debt
levels, investment of financing proceeds, bond rating agencies, arbitrage and
disclosure requirements, enterprise fund debt, capital project funds and the
County’s Capital Improvement Plan.
Staff requested the
Board’s consideration and approval of these very important financial management
policies, with any necessary changes, to serve as guidelines during the budget
process and future debt issuance decision-making.
Since these two
important financial management policies are part of the Board’s 2005 Strategic
Plan, Mr. Nicholson recommended that the Board approve them at this time.
Following much
discussion, Commissioner Baldwin made the
motion that the Board adopt both policies as presented. A vote was taken and the motion passed
unanimously.
Chairman Moyer made the motion that he would like to see
staff come back with a specific plan of how to get our fund balance up to 12%
and a recommended time frame for that, presented by the mid-month April
meeting. All voted in favor and the
motion carried.
Selena Coffey
distributed copies of the Manager’s Monthly Report.
Mr. Nicholson encouraged
the Board to look at this monthly report at their convenience, stating that he
and staff would be available to answer any questions the Board might have. He
mentioned the following:
The
City Council will approve it at their meeting of April 6 or 7. We had no citizen comments at the Planning
Board level for the project.
Some of the
Commissioners expressed favor with the new way the
UPDATE ON PENDING ISSUES
Facilities – Commissioner Young
Commissioner Young
wanted an opportunity for some discussion regarding County facilities. He mentioned the issue of renovating the
Historic Courthouse to be a county office building, stressing that Dr. Jones
came to the last Commissioner’s meeting recommending tearing down the
courthouse annexes and rebuild them which adds drastically to the cost of the
renovation of the courthouse. He
suggested that we keep County Administration in this building, renovate the
building to the tune of about a half million dollars to bring the Sheriff and
his department in and give the Courthouse Committee the amount of funding ($2.5
- $3 million) along with the grants and funds they can achieve to renovate the
Historic Courthouse for non-profits for a museum/landmark type structure. He also offered several other suggestions for
other departments/groups.
Chairman Moyer reminded
Commissioner Young that the Board had already been over all this information
previously. The Board has adopted a
Strategic Plan for the next two years which lays all these issues out. He stated that the Board could not keep
hashing over these issues or they would never get anything done. The Board needs to move forward with these
projects.
Sheriff Erwin was in
attendance and he came forward and reminded the Board that he had submitted a
Facility Plan years ago when Bill Blalock was in charge of that project. He stated that they more than justified occupying
this entire facility.
LGCCA meeting update
Chairman Moyer had
decided not to give an update at this time.
Chairman Moyer stated
that he and Commissioner Young are screening the applications for the
Technical Break
The Board took a brief
technical break, to change videotapes.
PUBLIC HEARING – Draft Financing Documents
Proposed to Finance the Cost of Construction of a New
Commissioner McGrady made the motion for the Board to go
into Public Hearing. All voted in favor
and the motion carried.
Carey McLelland reminded
the Board that a public hearing to hear comments on the financing documents is
required by the State of
This proposed financing
is considered Installment Contract Financing; therefore, we must hold a public
hearing to take public comments on the financing documents, specifically that
have been drafted by our bond council. A
full set of the draft documents was presented for Board review.
Public Comments
There were none.
Carey McLelland stated
that he would be bringing back the final documents to the Board for approval at
the April 4 meeting.
Chairman Moyer made the motion to close the public
hearing. All voted in favor and the
motion carried.
IMPORTANT DATES
Lunch – Joint meeting with the Chamber of Commerce
Chairman Moyer informed
the Board of a request from the Chamber of Commerce to have a joint luncheon
meeting at
Commissioner Messer made the motion to set that special
called meeting for March 31 at
Subdivision ordinance variance,
The Henderson County
Planning Board has considered the granting of a variance under the Subdivision
Ordinance for certain standards for the
Commissioner McGrady made the motion to set the public
hearing for April 20 at
Reschedule Quasi-Judicial Public Hearing on
Karen Smith reminded the
Board that Mr. Harold K. Timmons, agent for Pegasus Tower Company, submitted an
application for a variance (application #CTV-05-01) from Henderson County
Communications Tower Ordinance Section 81-6B(2)(a)[10], Easement Acquisition
Documents. The variance application was
submitted on
The Board of
Commissioners previously scheduled a required quasi-judicial hearing on the
variance application for
Chairman Moyer made the motion to set this Quasi-Judicial
Proceeding for April 4 at
CANE CREEK WATER & SEWER DISTRICT – no
business
CLOSED SESSION
Chairman Moyer made the motion for the Board to go into
closed session as allowed pursuant to NCGS 143-318.11 for the following
reasons:
1. (a)(4) To discuss matters relating to the
location or expansion of industries or
other
businesses in the area served by the public body.
All voted in favor and the motion carried.
ADJOURN
Chairman Moyer adjourned
the meeting at
Attest:
Elizabeth W. Corn, Clerk
to the Board
William L. Moyer, Chairman