MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 9:00 a.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
Justin Hembree, 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, Finance Director J. Carey McLelland and Paralegal Connie Rayfield.
Absent was: Deputy Clerk
to the Board Amy Brantley.
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
David Nicholson gave the
invocation.
INFORMAL PUBLIC COMMENTS
There were none.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer announced
that at 2:00 the groundbreaking ceremony for the
Commissioner McGrady had
suggested the Board defer action on Nominations until the next meeting, due to
the absence of the Deputy Clerk.
Chairman Moyer added a
Discussion Item to be discussed first – Courthouse Architect Process. He also stated that several items would be
added for discussion in Closed Session.
Commissioner McGrady
requested the May 2nd minutes be pulled from the Consent Agenda for
revision.
Commissioner
McGrady made the motion to adopt the agenda as amended by the Chairman. All
voted in favor and the motion carried.
CONSENT AGENDA
Commissioner McGrady made the motion to adopt the
Consent Agenda with the exception of the May 2, 2005 minutes. 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:
·
January 19, 2005 - regular meeting
·
February 9, 2005 – special called
meeting
·
February 16, 2005 – regular meeting
Tax Collector’s Report
Terry F. Lyda, Henderson
County Tax Collector, had provided the Tax Collectors Report dated May 16, 2005
for the Board’s information.
Destruction of audio tapes of
past Board meetings
At the Board of Commissioners’ 4 August 1997 meeting, a motion was
passed which required audio tapes of Board of Commissioners meetings to be
retained for a period of one year before destruction. The minutes of that meeting
also included the following:
“Commissioner Kumor suggested that the Clerk keep the tapes for
one year but also keep a record of anyone who asks for the tapes during that
time. If no one needs to listen to the tapes then there may not be a need to keep
them for a year. It was the consensus of the Board to revisit this policy in
one year.”
This policy has not been revisited by the Board since 4 August
1997. Your Clerk reports that since 4 August 1997, there have been zero (0)
requests to review any audio tapes of Board of Commissioners meetings.
Pursuant to the Records Retention and Disposition Schedule (
Tax Releases
A list of 39 tax release
requests was presented by the
Tax Refunds
A list of 5 tax refund
requests was presented by the
Tax Discoveries
A list of 7 tax
discovery requests was presented by the
Employee
Recognitions/Awards
The following
recognitions/awards had been received by County Departments and/or employees.
The Board of Commissioners had asked that these be included on the agenda for
special recognition of our departments’ and employees’ achievements:
·
Natalie Berry, Zoning Administrator: N. C. State Government State Coordinator’s Award presented For Reducing Potential Flood Losses Through
Community Service in Floodplain Management
Resolution
The Western Highlands
Network Area Authority is currently conducting a search for a new Executive
Director. A resolution was presented for the Board’s consideration which waives
the Board’s authority to approve the appointment of the Executive Director
provided that the appointment is approved by no less than 75% of the Western
Highlands Board of Directors.
A similar resolution was
adopted as part of the last hiring process for Western Highland’s Executive
Director. It was also noted that Commissioner Messer is serving on the Search
Committee that will make a hiring recommendation to the Western Highlands Board
of Directors.
Cane Creek Water and Sewer District
Presented for the Board’s
information were copies of Sewer Line Extension Requests #X0056CC and #X0057CC.
These were routine extensions which required no Board action. The agenda item
was for informational purposes only.
Water Line Extensions
The City of
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies and these will appear on the next agenda for
nominations:
1.
2.
3.
Juvenile
Crime Prevention Council – 18 vac.
4.
Mountain
Area Workforce Development Board – 2 vac.
Nominations
Due to the absence of
the Deputy Clerk/Volunteer Coordinator, there were no nominations at this time
and all items were rolled to the next meeting.
1.
2.
3.
Cane Creek
Water & Sewer District Advisory Committee – 5 vac.
4.
Environmental
Advisory Committee – 4 vac.
5.
6.
Jury
Commission – 1 vac.
7.
Juvenile
Crime Prevention Council – 2 vac.
8.
Land-of-Sky
Regional Advisory Council on Aging – 1 vac.
9.
Library
Board of Trustees – 2 vac.
10.
Nursing/Adult
Care Home Community Advisory Committee – 4 vac.
11.
Planning
For Older Adults Block Grant Advisory Committee – 1 vac.
12.
Social
Services Board – 1 vac.
DISCUSSION ITEMS
COURTHOUSE ARCHITECT
Chairman Moyer informed
the Board that some questions had been raised with respect to the Architect for
the Historic Courthouse project. Chairman Moyer had requested the
Russ Burrell stated that
he had spoken with Cathe Evans, the Executive Director of the North Carolina
Board of Architecture. Following that conversation, Mr. Burrell determined that
if the Board continued on the course having been followed thus far, the County
would be contracting with Antoine Architects. Whether that is Alan Antoine, or
with his Limited Liability Company (LLC), would be based on which is licensed.
He is personally licensed in
There was an agreement
that any intellectual property that was the property of Mohsen Ghoreishi or the
Kohan Group could be used by Mr. Antoine in coming up with the plans for the
courthouse. As long as the County’s contract is with Mr. Antoine, the County
will have done everything necessary to fulfill the law.
Commissioner Baldwin
clarified that the issue at hand was the fact that though Mr. Ghoreishi had
done some work on the Historic Courthouse as an employee of Freeman White, he
was not a licensed North Carolina Architect. The County had used Mr. Ghoreishi
as a consultant, and would like to continue to do so as he was the originator
of many of the courthouse ideas.
Set
Date to Continue Discussion on Proposed Zoning Map Amendments for Contested
Parcels in the U. S. Highway 25 North Zoning Study Area (Rezoning Action
#R-05-01)
On
Monday, May 9, 2005, The Board of Commissioners held a public hearing on the
Proposed Zoning Map Amendments for the U.S. Highway 25 North Zoning Study Area
(rezoning action #R-05-01) and on the re-consideration of the Interim
Development Ordinance for the U.S. Highway 25 North Interim Development Area.
Following public comment, the Board approved a motion to adopt the zoning study
recommendations as proposed by the Planning Board except for those properties
whose owners had contested the rezoning
recommendations. The Board also approved a motion to lift the Interim
Development Ordinance. The Board directed Planning Staff to compile a list of
all property owners who had contested the rezoning recommendations for their
property. The Board also intended to continue its discussion regarding the
rezoning of the contested parcels.
Karen
Smith discussed the list of contested properties, stating that there were 68
contested parcels with approximately 40 different property owners. She reminded
the Board that those properties were not rezoned at the May 9th
meeting, they were still zoned as they were prior to that hearing, and were no
longer subject to the moratorium. It was the consensus of the Board to schedule
a special called meeting under Important Dates to move through each of the
individual properties.
Initiation
of the Process to Amend the Henderson County 2020 Comprehensive Plan and
Official Zoning Map of Henderson County to Protect Sites for Future Industrial
Development
Public
input gathered during the development of the Henderson County 2020 Comprehensive Plan (CCP), Designing Our Future, Lockwood Greene Study
(Henderson County Economic Development Master Plan), and the 1993 Henderson County Land Use Plan placed
considerable emphasis on economic development and job creation with the need to
reserve adequate/appropriate locations for future industrial and commercial
growth. The CCP, based on this input, has reiterated the need for local
government, in collaboration with other economic development organizations, to
become involved in economic development initiatives by emphasizing the
connection between economic sustainability and long-term prosperity for the
citizenry of
Recommendation
E-01 of the Economic Development element of the CCP highlights the need to
“Support the industrial sector of the economy by implementing the
recommendations of the Lockwood Greene Study”. On February 16, 2005 the Board
of Commissioners began the implementation of Recommendation E-01 of the CCP by
adopting it as Strategy 1.1 under Goal 1 (To Implement Phase I of the Henderson
County 2020 Comprehensive Plan) of the Henderson County 2005 Strategic Plan
(Strategic Plan). Supporting Action Steps for Strategy 1.1 included: (1) “work
with the Partnership for Economic Development and other entities to implement
elements of the Lockwood Greene Study”, and (2) “Identify appropriate land to
preserve for future industrial development”.
Since
February, Planning Staff had been working, in cooperation with the Partnership
for Economic Development (of the Greater Hendersonville Chamber of Commerce),
to identify areas most suitable for industrial development in
As
a result of prior discussions by the Board of Commissioners and in order to
implement the goals and recommendations of the CCP and the Strategic Plan,
information was presented to the Board of Commissioners for review, and if
acceptable, initiation of the processes to amend the CCP and Official Zoning
Map of Henderson County (Official Zoning Map). The amendment processes could be
could be conducted concurrently or as two separate actions. If the Board agreed
to initiate one or both the processes, Staff proposed the next step be for the
Board of Commissioners to refer the item(s) to the Planning Board for review
and recommendations.
Commissioner
Baldwin made the motion to refer the processes to the Planning Board. All voted in
favor and the motion carried.
Draft
2006-2012 State Transportation Improvement Program –
As
the Board is aware, the NCDOT has indicated that they are suffering a severe
budget shortfall. Therefore, the draft TIP reflects delays in many projects and
pushes numerous off of the “funded” list. The Henderson County Transportation
Advisory Committee (TAC) reviewed the draft TIP during their last meeting and
agreed, considering NCDOT’s financial situation, by consensus that the County’s
priorities should remain the same as for the last TIP update.
A
letter had been prepared, addressed to Mr. Conrad Burrell, our local NCDOT
Board representative, which outlined
There
was discussion about the planning process for Highway 191. It had not yet been
determined whether NCDOT was anticipating improvements to shoulders and curves,
a three lane with a turning lane, or a four lane divided highway. It was noted
that improvements on 191 were reflected as delayed, and that endorsing the
prepared letter said nothing about the plans for that area.
Commissioner
McGrady made the motion to authorize the Chairman to sign the presented letter.
All
voted in favor and the motion carried.
Update
on Pending Issues
Move – David Nicholson
The
Strategic Plan outlined the following moves:
2005 –
Move the Sheriff
Department’s Administration to the
Move Patrol, currently
in the
2006 –
Move DSS to
Move remaining Sheriff’s
Department to
Terminate lease on “Mac
Auto Parts” Building
Move
Recently
however, concerns had been raised with respect to how the moves would
coordinate. Based on those concerns, Chairman Moyer had requested the
Based
on that direction, Mr. Nicholson suggested the following Alternate Plan:
2005 - Move Sheriff’s Patrol Division to
2006 - Move
DSS to
Move Sheriff’s
Department to
Terminate lease on “Mac
Auto Parts” Building
Move
Following some discussion by the Board, Commissioner McGrady made the motion to
amend the Strategic Plan to approve the Alternative Plan. Following additional
discussion, all voted in favor and the motion carried.
Cemeteries –
During
the Board’s May 2, 2005 meeting, Mr. Jay Jackson, Chairman of the Cemetery
Advisory Committee, updated the Board on the activities of the Cemetery Advisory
Committee and briefly outlined specific topics being considered by the
Committee. Those topics included the
Mr.
Hembree then discussed identification signs. He reminded the Board that Chapter
76, section 6 of the Henderson County Code requires that the County clearly lay
out the boundaries of and mark all abandoned public cemeteries under the
County’s control. The County’s authority in this area applies only to abandoned
public cemeteries. Therefore, the county could create a voluntary program
through which persons that own property on which cemeteries are located,
families, and/or descendants could place signs on cemeteries throughout the
County. A standard sign could be decided upon and could be sold to interested
parties at cost.
Michael
Arrowood, a member of the Cemetery Advisory Committee, discussed some of the
issues currently before the Committee, such as a possible “Adopt a Cemetery”
program, and eleven cemeteries that currently cannot be located at all. He reminded the Board that Representative
Justus had indicated that she had two blank bills that could be used for some
type of local legislation relating to cemeteries. The Cemetery Advisory
Committee however did not feel they had the authority to make recommendations
on legislation to the Board. Staff recommended that the Board ask the Cemetery
Advisory Committee to study possible legislation for recommendation to the
Board.
Commissioner
Baldwin thanked the Committee for their work in creating a public interest in
the whole process. He felt it was important to the history of the County to
establish a link between those interred in the cemeteries and their
descendants, as well as to the newcomers to the County. He liked the idea of an
“Adopt a Cemetery” program. Finally, Commissioner Baldwin discussed the issue
of maintenance of the abandoned public cemeteries, proposing the possibility of
a non-profit organization.
Commissioner
Young questioned what parameters, qualifications or regulations were used on
properties that contained cemeteries to keep them from being desecrated or
destroyed when people wished to build subdivisions or houses. Karen Smith
answered that currently, the Subdivision Ordinance does not have any provisions
for cemeteries. Staff does require, during the pre-application conference, that
applicants show on a sketch plan areas that have natural features, however
there were no specific rules about cemeteries.
Commissioner
Baldwin requested Staff do some research and bring back a recommendation on how
the Board could use police powers, the subdivision ordinance and zoning to
protect cemeteries. There followed much additional discussion regarding the
best way in which to protect cemeteries. Chairman Moyer stated that based on
the discussion, the following action steps should be taken:
Commissioner
Baldwin made the motion for the County Manager to work with the Planning
Director to offer a menu of options we can use with respect to subdivisions and
our zoning regulations to preserve and protect cemeteries, give us our
authority and what it is that we can do in working in conjunction with the
County Attorney and bring those back to us. Also, have the Cemetery Advisory
Committee bring a list to the Board of Commissioners of recommendations of the
future role of the Committee and charge the Committee to review legislation
drafted by Carolyn Justus and get their recommendations and comments regarding
“Adopt a Cemetery”. The Board would also like to hear from the Committee about
what should be done as cemeteries are found. Following additional discussion, a vote
was taken on the motion. All voted in favor and the motion carried.
The
Chairman Moyer stated that he had discussed with Judy
Abrell the possibility of a County-wide Historical Preservation Commission. The
idea had been discussed with the LGCCA about the interest of the various units
of government. The consensus of the LGCCA was to take the idea back to the
various units of government for consideration.
Mr.
Nicholson also updated the Board on the current status of the Animal Shelter,
Fiscal
Year 2005-2006 Budget
David
Nicholson submitted his recommendation for the Fiscal Year 2005-2006 Budget for
·
The
proposed (base) budget was $91,000,000
·
That
reflected a 6% increase over the current budget in total dollars
·
The
Assessor’s Office had projected an evaluation of $9 billion
·
Within
the base budget, a four (4) cent property tax increase was added which would
make the tax rate 51.5¢
·
3¢
of that increase was debt service on Dana and
·
1¢
was for the increase in mandated Medicaid funding from $3,662,775 to $4,544,554
·
A
6% increase in sales tax revenues was projected
·
½
funding for Compensation Study implementation was recommended
·
The
following personnel were in the proposed budget:
o
4
Detention Officer positions
o
2
Telecommunicator (911) positions
o
2
Building Inspector positions
o
4
Income Maintenance Caseworkers (DSS)
·
Within
the base budget for education were:
o
Uncontrollables
o
Balfour
personnel/program funding
o
Technology
o
Arts
o
Salary
increases
Mr.
Nicholson noted that this was his 30th Budget with
Mr.
Nicholson thanked the Department Heads and Agencies for their assistance with
the Budget. He particularly thanked Selena Coffey and Carey McLelland for their
patience and hard work on the budget.
PUBLIC HEARING -To Consider Proposed Financing Contract for Purchase of
Commissioner
McGrady made the motion to go into Public Hearing. All voted in
favor and the motion carried.
Carey
McLelland reminded the Board that this was a Public Hearing to take any
comments on a proposed contract with First Citizens Bank to purchase
approximately 44 acres off of
Public Input
1. Fielding Lucas – Mr. Lucas stated that he
had reviewed the materials and research collected over the past months, and was
amazed at how little the community seemed to have learned since the ’97 bond
referendum failed. He expressed concern about the lack of interest in the
fiscal impact of class size reductions, the Schools Board’s facility appetite,
the absence of the Times-News from the debate, and the absence of a voter
issue. Mr. Lucas reminded the Board
that they must play the role of the public in the process, and asked them to
work to protect the voter’s interest.
Commissioner
Baldwin made the motion to approve the financing agreement authorizing the
Chairman to sign and deliver the agreement. All voted in favor and the motion
carried.
Commissioner
Messer made the motion to go out of Public Hearing. All voted in
favor and the motion carried.
IMPORTANT DATES
Commissioner Messer
noted that the Recreation Advisory Committee had requested a meeting with the
Board during the budget process to discuss their plan. Chairman Moyer requested
David Nicholson work such a meeting into the budget schedule.
Chairman Moyer reminded the Board that as part
of the Board’s earlier discussion on the Proposed Zoning Map Amendments for the
U.S. Highway 25 North Zoning Study Area, a special called meeting needed to be
scheduled. Chairman
Moyer made the motion to schedule that meeting for June 8, 2005 at 6:00 p.m. All voted in
favor and the motion carried.
Request to Set a Public Hearing on the FY 2005-2006 Budget
Commissioner
Messer made the motion that the Budget Public Hearing be scheduled for June 9,
2005 at 6:00 p.m. All voted in favor and the motion carried.
CANE CREEK WATER & SEWER DISTRICT – no
business
CLOSED SESSION
Chairman Moyer
made the motion to go into Closed Session as allowed pursuant to NCGS
143-318.11 for the following reasons:
1. (a)(6) To consider the qualifications, competence,
performance, character, fitness, conditions of appointment, or conditions of
initial employment of an individual public officer or employee or prospective
public officer or employee; or to hear or investigate a complaint, charge, or
grievance by or against an individual public officer or employee.
All voted in favor and the motion carried.
ACTION FOLLOWING CLOSED SESSION
Russ Burrell
stated that the County had offered, and had acceptance of that offer,
employment in an attorney position that would be primarily responsible for
Department of Social Services and Health Department work. Susan Fosmire, who
was for nine years the Guardian Ad Litem Attorney for the 29th
Judicial District, was scheduled to begin employment with
Commissioner Young stated that during
the interview process for the
ADJOURN
Commissioner
Messer made the motion to adjourn the meeting at 11:45. All voted in favor and the motion carried.
Attest
Elizabeth W. Corn, Clerk to the Board William
L. Moyer, Chairman