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, 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, Fire Marshal Rocky Hyder,
County Engineer Gary Tweed, Finance Director J. Carey McLelland, Paralegal
Connie Rayfield, Development and Enforcement Director Toby Linville, and 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 Young led
the Pledge of Allegiance to the American Flag.
INVOCATION
David Nicholson gave the
invocation.
INFORMAL PUBLIC COMMENTS
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer stated
that there are several closed session items that the Board will need to add to
this agenda. The applicable motion to go
into closed session will come later.
Commissioner McGrady made the motion to approve the revised
agenda. All voted in favor and the
motion carried.
CONSENT AGENDA
Chairman Moyer stated
that regarding the April 4 minutes, he had given the Clerk two slight revisions
to make which he did not think would keep the Board from approving those
minutes at this time. On page 4, there
is a dollar figure which is $4,358 billion which should be $4.35 billion. On page 6, in the discussion of the school
property in his motion he used the wording “will deed to the school system” and
it should have said “will lease to the school system”. He suggested those two changes.
Commissioner McGrady made the motion to approve the consent
agenda including the two suggested changes to the April 4 minutes. All voted in
favor and the motion carried.
The Consent Agenda
included the following:
Minutes
Draft minutes were
presented for the Board’s review/approval of the following meetings:
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, submitted the Tax Collector’s report dated June 13 for the Board’s
review and consent approval.
Tax Releases
A list of 31 tax release
requests was submitted for the Board’s approval.
Tax Refunds
A list of 13 tax refund
requests was submitted for the Board’s approval.
State-Applicant Disaster Assistance Agreement (EWP NRCS
Stream Clearance Program)
Staff had submitted a
copy of a “State-Applicant Disaster Assistance Agreement” between
As an update, the EWP
Program is continuing to be carried-out in
Mr. Nicholson recommended
approval of the agreement as presented.
Designation of Applicant’s Agent (
Staff submitted a
resolution that designates the County’s agents to execute and file applications
for State matching funds associated with the Emergency Watershed Protection
(EWP) Program. If approved, the
resolution designates Carey McLelland as the primary agent and Justin Hembree
as the secondary agent for this specific State assistance program (EWP State
Matching Funds).
Mr. Nicholson
recommended approval of the resolution as presented.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancy which will appear on the next agenda for nominations:
1.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
1.
Cane Creek Water and
Sewer District Advisory Committee – 1 vac.
Commissioner Messer
nominated Billy Johnson to position #7. Chairman
Moyer made the motion to appoint Mr. Johnson by acclamation. All voted in favor and the motion carried.
2.
Environmental Advisory
Committee – 4 vac.
On June 6 the following
were nominated: Hall Waddell, Art Hudson, Larry Blair, Fielding Lucas, Edward
Doyle, Angela Fernandini, James Hutcherson, and Collette Summitt. There were no
other nominations at this time.
The Clerk polled the
Board for votes for these vacancies.
Each commissioner had four votes, as follows:
Commissioner Young - Waddell,
Hudson, Blair, and Lucas.
Commissioner Messer - Waddell,
Hudson, Lucas, and Hutcherson.
Chairman Moyer - Doyle,
Fernandini, Hutcherson, and Summitt.
Commissioner McGrady - Doyle,
Fernandini, Hutcherson, and Summitt.
Commissioner
Baldwin - Doyle,
Fernandini, Hutcherson, and Lucas.
The four appointees
were: Fielding Lucas, Edward Doyle, Angela Fernandini, and James Hutcherson.
3.
Chairman Moyer reminded
the Board that we have two nominees for position #5, 2 registered nurses –
Jackie Price and Tracy George, both nominated at the last meeting. Richmond Meadows is willing to move from the
“at large” position to the “engineering” position. Commissioner McGrady recommended/nominated
Mr. Meadows for the engineering position, #8 and leave the nursing and at large positions open temporarily. There were no other nominees for
position #8. Chairman Moyer made the
motion to accept Mr. Meadows by
acclamation. All voted in favor and
the motion carried.
4.
Commissioner McGrady had
nominated Ken Gaylord for position #1 and Ken Gregory for position #2. He asked
to be allowed to flip those and thus have Ken Gregory for position #1 and Ken
Gaylord for position #2. He explained that he had misspoken earlier.
Chairman Moyer explained
that we have two nominees for position #1: Don Michalove and Ken Gregory and
three nominees for position #2: Theron Maybin, Dixie Dellinger, and Ken
Gaylord.
The Clerk polled the
Board and the vote was as follows:
Commissioner Baldwin - Michalove
and Maybin.
Commissioner McGrady - Gregory
and Gaylord.
Chairman Moyer - Gregory
and Dellinger.
Commissioner Messer - Gregory
and Maybin.
Commissioner Young - Michalove
and Maybin.
The two appointees were
Ken Gregory for position # 1 and Theron Maybin for position #2.
5.
Jury Commission – 1 vac.
Chairman Moyer explained
that we have 1 vacancy and two nominees: Dutch Burdette and Mary Singleton.
The Clerk polled the
Board with the vote as follows:
Commissioner Young - Singleton
Commissioner Messer - Burdette
Chairman Moyer - Burdette
Commissioner McGrady - Burdette
Commissioner Baldwin - Singleton
Dutch Burdette was the
appointee.
6.
Juvenile Crime
Prevention Council – 12 vac.
Chairman Moyer explained
that we have two nominees for position # 19: Morton Lazarus and Chris Freeman.
There were no other nominations at this time.
The Clerk polled the
Board with the vote as follows:
Commissioner Baldwin - Freeman
Commissioner McGrady - Freeman
Chairman Moyer - Freeman
Commissioner Messer - Freeman
Commissioner Young - Freeman
Chris Freeman was the
appointee to position #19.
Commissioner McGrady
nominated Karen Couch to position #7 and Sheila Devine for position #16. There
were no other nominees at this time. Chairman Moyer made the motion to accept Ms.
Couch and Ms. Devine by acclamation. All
voted in favor and the motion carried.
7.
Land-of-Sky Regional
Advisory Council on Aging – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
8.
Library Board of
Trustees – 2 vac.
There had previously
been two nominations for position #6: Joy Perry and Tom Orr. Tom Orr asked that his name be removed. There
were no other nominations at this time. Chairman
Moyer made the motion to elect Joy Perry to position # 6 by acclamation. All voted in favor and the motion carried.
Chairman Moyer explained
that we have two nominees for position #4: Art Harrington and Dennis Justice.
The Clerk polled the
Board with the vote as follows:
Commissioner Young - Justice
Commissioner Messer - Harrington
Chairman Moyer - Harrington
Commissioner McGrady - Harrington
Commissioner Baldwin - Justice
Art Harrington was
appointed to position #4.
9.
Mountain Area Workforce
Development Board – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
10. Nursing/Adult Care Home Community Advisory
Committee – 4 vac.
Chairman Moyer nominated
Rita Christensen for position # 16 and Eve Hoover for position # 17. There were
no other nominations at this time. Chairman Moyer made the motion to appoint
Ms. Christensen and Ms. Hoover by acclamation.
All voted in favor and the motion carried.
DRAFT FLOOD DAMAGE PREVENTION ORDINANCE
At the June 6, 2005
Board of Commissioners’ meeting, the Board directed staff to develop a table
comparing the Draft Henderson County Flood Damage Prevention Ordinance (date
May 24, 2005), The City of Hendersonville Flood Damage Prevention Ordinance and
Natural Resource Protection Standards, the Town of Fletcher Flood Damage
Prevention Ordinance, the state minimum standards model, and the draft Flood
Damage Prevention submitted by Angie Beeker.
Staff submitted the
comparison table. The Board had already
received copies of the Draft Henderson County Flood Damage Prevention Ordinance
(date
When the Board is ready
to adopt a Flood Damage Prevention Ordinance, it will need to establish an
effective date. The next items that must
be addressed are initiating the National Flood Insurance Program (NFIP)
application process and developing a fee schedule associated with the Flood
Damage Prevention Ordinance. A draft fee
schedule had been prepared by staff and submitted for the Board’s
consideration.
In accordance with the
Board of Commissioners’ 2005 Strategic Plan, Mr. Nicholson recommended that the
Board approve the revised Henderson County Flood Damage Prevention Ordinance
(dated May 24, 2005) as presented by Planning Staff, with an effective date of
July 1, 2005. He also recommended that
the Board adopt the draft fee schedule and direct Planning Staff to initiate
the NFIP application process.
Russ Burrell distributed
a document entitled “Henderson County Flood Damage Prevention Ordinance” dated
Karen Smith reviewed the
sheet (attachment 1) that was a comparison table and Russ Burrell spoke of
comparable issues in the new draft that was just distributed. Much discussion
followed.
Chairman Moyer thanked
staff, members of the farming community and Angela Beeker who had all put a lot
of work into this document.
POSSIBLE REQUEST BY THE TOWN OF
Karen Smith informed the
Board that representatives of the Town of Tryon (the “Town”) had informed
Henderson County staff that the Town intends to request that the North Carolina
Department of Environment and Natural Resources, Division of Water Quality
(DWQ), and the North Carolina Environmental Management Commission initiate the
process to designate a portion of the North Pacolet River as a public water
supply source. According to
representatives from the Town, the Town has, in recent years, experienced
shortages in the amount of surface water available for treatment at its water
purification plant. The Town would,
therefore, like to install an intake on the
Reclassification of the
North Pacolet River to a public water supply source would mean that local
governments having land use jurisdiction within the designated watershed for
such public water supply would have to adopt and implement water supply
watershed protection ordinances, maps and management plans that meet State
water supply watershed rules. Based on
preliminary mapping by a consulting engineer for the Town, a portion of
southeastern
Henderson County already
regulates part of the proposed water supply watershed as it contains the
Henderson County portion of the Colt Creek Water Supply Watershed, which is
classified WS-II. The Colt Creek Water
Supply Watershed provides water supply for the Town of
The reclassification
process for the
As part of its
reclassification request to DWQ, the Town wants to submit documentation that
the Henderson County Board of Commissioners supports its request. If the Board of Commissioners is in favor of
providing such documentation, Staff proposed that the Board consider the
proposed prepared resolution in the packet.
The
Commissioner McGrady made the motion to adopt the proposed
resolution. All voted in favor and the
motion carried.
CEMETERIES AND LAND USE REGULATIONS
Chairman Moyer stated
that the Board had asked the
Karen Smith stated that
her staff had contacted a sample group of local governments in
If the Board is
interested in requiring subdivision applicants to identify cemeteries on plans
and plats, for example, the Planning Board could review language that could
easily be added to the requirements for plans and plats in the appendices of
the Subdivision Ordinance. Revisions to
the appendices of the Subdivision Ordinance do not require a public hearing or
action by the Board of Commissioners, rather they only require action by the
Planning Board.
Changes to the Zoning
Ordinance or to the text of the Subdivision Ordinance (other than the
appendices) would require a recommendation from the Planning Board, a public
hearing and action by the Board of Commissioners. The Board of Commissioners could consider
asking the Planning Board to make recommendations for amendments to the Zoning
and/or Subdivision Ordinance that would, at a minimum, require cemeteries to be
identified on plan submittals for subdivisions and/or for conditional and
special use permit applications. Staff
could also do additional research on this subject and provide more information
to the Planning Board.
The County Manager
recommended that the Board direct the Planning Board to take steps to require
that cemeteries be identified on subdivision plans and plats and that it also
look at whether other amendments may be needed to the Subdivision Ordinance and
Zoning Ordinance related to cemeteries.
Following discussion, Commissioner Baldwin made the motion that
the Planning Board be given the compilation of what the Board had received at
this meeting, and in addition would like for them to take a look at the
language and make the Board of Commissioner a proposal based on the easements
on a sketch plan, the easements on a cemetery access and cemetery delineation
and that the Planning Board make a recommendation to the Board of
Commissioners. All voted in favor and
the motion carried.
JAIL DEMOLITION BIDS
David Nicholson informed
the Board that we originally had scheduled the bid opening to receive bids for
the jail demolition package for
Mr. Nicholson had
received a phone call from the apparent low bidder this morning indicating that
there was an issue with one subcontractor’s proposal.
Selena Coffey
distributed copies of the
Strategic Plan Updates – The industrial sector of the Strategic
Plan.
Staff presented a site
summary and asked the Planning Board to take a look at that. It is on-going.
Flood Hazard Prevention Ordinance
Staff has been spending
a lot of time on this ordinance and will continue to do so.
Affordable Housing
Mr. Nicholson explained
that there are a lot of things going on about housing strategies in our
community in conjunction with the strategic plan including the development of a
countywide affordable housing plan. A draft has been done and sent to HUD for
their comments. Staff has formalized our
fair housing complaint procedure and posted it on the web.
Transportation Planning
Mr. Nicholson stated
that staff would be able to report back to the Board soon that we’ve come up
with a compromise with the NC DOT. We
anticipate a positive response from NC DOT on the issues of the public
transportation program in
CIP review ---
Jail Demolition
Mr. Nicholson had just
discussed the jail demolition package.
He explained that we would be a little off schedule due to the issue he
discussed with the Board today.
Animal Shelter Construction
Mr. Nicholson plans to
come to the Board at the next meeting with some updates on our animal services
program. Staff is negotiating some
reductions in cost and hope to report back to the Board at the next meeting. Cooper Construction has taken out the
building permit.
Historic Courthouse Renovation
Mr. Nicholson has the
next to the final drawings and plans to meet with the Courthouse Corporation to
share those soon. He authorized
yesterday to take the schematic drawings and get a schematic design
budget. Hopefully staff will have that
ready for the Board’s July meeting.
Mr. Nicholson stated
that the rain has slowed things down a little here but Cooper Construction has
staff and subcontractors on the site working on the project.
Mr. Nicholson explained
that we advertised for phase II and III in Sunday’s paper and will be opening
up the bids about mid-July. These are
the lines going to downtown
Cane Creek Advisory Committee
There was a Cane Creek
Advisory Committee meeting yesterday.
They looked at the preliminary engineering report for the Mud Creek
Sewer line and recommended it. There are
some issues we are working through. This
is the line that will eventually go all the way to serve the
There was some
discussion regarding this. The Board
amended the Strategic Plan to relocate the Patrol Division to the old
Court Facilities
Mr. Nicholson reminded
the Board of the discussion regarding a fourth courtroom due to the assignment
of an additional judge to serve this area.
Staff will turn the current jury pool room into a fourth courtroom, change
the jury pool room and relocate some offices.
Recess
Chairman Moyer called a
10 minute break.
FY 2005-06 BUDGET WORKSHOP
David Nicholson reviewed
the Enhancement List with the Commissioners, stating there were some items on
that list that had not yet been discussed.
Mr. Nicholson had
received a request from
Rescue Squad
Mr. Nicholson has put
the same amount of money in the budget for the Rescue Squad that was in the
budget for them last year. This is an area the Board should consider as we look
at the overall budget. HazMat costs have increased for them. They also need to consider additional staff.
MPO
Mr. Nicholson had not
received a request but there had been some discussions about providing a local
match for the M.P.O. (Metropolitan Planning Organization to work on
transportation issues). Justin Hembree briefly updated the Board. By resolution the TAC has stated that they
wish these other new entities to begin paying part of the administrative costs
for the MPO. The cost is estimated to be
$12,422, our share. Mr. Hembree stated that we haven’t received a formal request
for that from the MPO. Before those
funds could flow from the jurisdictions to the City of
Non Human Service Non-Profits
Selena Coffey referred
the Board to the Non-Profit binder. She
stated that the Board heard from the Human Service Agencies during the public
hearing and they are basically asking for additional funding. The difference in the amount the
Voting Machines
A Commissioner asked for
an update regarding voting machines. Mr. Nicholson stated that he didn’t really
know much more about voting machines than he knew at the Board’s first budget
workshop. He keeps trying to find
out The machines that we currently have
do not meet the new Federal guidelines so they will have to be replaced. The Federal Government gave the State
Government a block grant to replace voting machines. Beverly Cunningham, our Elections Director,
is working on the committee that is separating the money out and coming up with
a recommendation. She has indicated that
we’ll be very pleased with the amount of money that may be assigned to us. Several bills have been introduced in the
General Assembly to go even further than the Federal law requires and that has
to do with paper back-up ballots. He informed the Board that they may be stuck
with an unfunded mandate. It appears
that we will get a substantial amount of grant eventually for the funds for
replacing machines but may be forced to pay a higher cost for that.
Hand-Out
Mr. Nicholson
distributed an alternative budget. He
stated that there are some things in the enhancement list that he really thinks
need the Board’s due consideration. The
hand-out was entitled “Alternative A FY 2005-06 Budget”. He reviewed the Reductions and Additions,
things he could not recommend in the original base budget.
Recess
Chairman Moyer called a
5 minute technical break, to change videotapes.
CLOSED SESSION
Chairman Moyer made the motion to go into closed session as
allowed pursuant to NCGS 143-318.11 for the following reason(s):
1.(a)(2) To prevent disclosure of information that is
privileged or confidential pursuant to Federal or North Carolina law, or not
considered a public record under North Carolina law, in accordance with General
Statute 143-318.10(e) and Article II of Chapter 11 of the Henderson County
Code.
Continuation of Budget Workshop
Chairman Moyer called
the meeting back to order at
David Nicholson
continued the review of Alternative A – Budget Enhancement List.
Following discussion of
the items on the Alternative A List, Commissioner Messer mentioned briefly the
lottery issue, ADM funds, and the NC DOT budget, all being issues that will
greatly affect every county in
It was the Chairman’s
recommendation for the Board to have two more budget workshops, next Tuesday
and Thursday evenings.
IMPORTANT DATES
Chairman Moyer made the motion to set Tuesday, June 21at
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
reason(s):
1.(a)(2) To prevent
disclosure of information that is privileged or confidential pursuant to
Federal or North Carolina law, or not considered a public record under North
Carolina law, in accordance with General Statute 143-318.10(e) and Article II
of Chapter 11 of the Henderson County Code.
2.(a)(4) To discuss
matters relating to the location or expansion of industries or other businesses
in the area served by the public body.
3.(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.
ADJOURN
Commissioner McGrady made the motion to adjourn the
meeting. All voted in favor and the
motion carried.
Attest:
Elizabeth W. Corn, Clerk
to the Board
William L. Moyer, Chairman