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
Justin Hembree, County Attorney Russell Burrell, and Clerk to the Board
Elizabeth W. Corn.
Also present were: Budget
and Management Director Selena Coffey, Public Information Officer Chris S. Coulson,
Fire Marshal Rocky Hyder, Planner Lori Sand, Planner Autumn Radcliff, Utilities
Director Jim Erwin, Finance Director J. Carey McLelland, EMS Director Terry
Layne, and Nursing Director Barbara Stanley. 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
Commissioner Young led
the Pledge of Allegiance to the American Flag.
INVOCATION
David Nicholson gave the
invocation.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer remembered
those in the gulf coast region recently affected by Hurricane Katrina. He asked
the community to do what they could to help the people from that region.
Theron Maybin showed the
audience a sledge hammer given to his grandson by David Nicholson. Mr. Maybin’s
grandson had broken a piece of concrete with that hammer when the old jail was
torn down. Members of the Historic Courthouse Committee, Commissioners, and
Chairman Moyer displayed
the plaque recently won by the Henderson County Raft Race team. He pointed out
that the plaque was in recognition of the fact that
INFORMAL PUBLIC COMMENTS
Ms.
Alexander then stated that there is no legal issue in this matter. The reason
WHKP was currently being broadcast, was because at the time the channel was
begun, there was nothing else available that would provide that service to the
community. Since that broadcasting began, WHKP had consistently broadcast
matters of community interest. She stated that in looking at the practicalities
and option, there was no apparent solution other than to continue the
broadcasting. If there were objectionable broadcasting, WHKP had the ability to
stop broadcasting segments such as Rush Limbaugh.
DISCUSSION/ADJUSTMENT OF AGENDA - continued
Chairman Moyer requested
the addition of two items under Update on Pending Issues: “F-7” – Western
Highlands Network New CEO, and “F-8” – Update on
CONSENT AGENDA
Commissioner Baldwin
requested that Item “Q” – Unsealing of Closed Session Minutes and Accounts,
specifically the June 15, 2005 minutes, be pulled. Commissioner Young requested
that Item “H” – Vehicle Bids and Item “I” – Vehicle Financing Proposals be
pulled for discussion.
Chairman Moyer suggested
those items be moved to the end of the Agenda for discussion. Commissioner McGrady made the motion to
approve the consent agenda without Items H, I and Q. All voted in favor and the motion carried.
The Consent Agenda
consisted of the following:
Minutes
Draft minutes were
presented for the Board’s review and approval of the following meeting(s):
July
20, 2005 – regular meeting
August 1, 2005 – regular meeting
August
2, 2005 – special called meeting
Tax
Discoveries
A list of 11 tax
discovery requests was presented by the
Tax
Refunds
A list of 1 tax refund
request was presented by the
Tax
Releases
A list of 83 tax release
requests was presented by the
Tax
Collector’s Report
Terry F. Lyda, Henderson
County Tax Collector, had provided the Tax Collectors Report dated September 2,
2005 for the Board’s information.
Financial
Report – July 2005
Cash
Balance Report – July 2005
These reports were presented for the
Board’s information and consent approval.
Non-departmental expenses are for
Property/Liability and Workman's Compensation insurance coverage that will be
allocated out to each department during the fiscal year.
The YTD deficit in the Mills River
Watershed Protection Project, the Mud Creek Watershed Restoration Fund 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.
Henderson
County Public Schools Financial Report – July 2005
The Schools Financial
Report was provided for July for information and consent approval.
Amendment
– Budget Ordinance
The
Board was requested to amend the Fiscal Year 2005-06 Budget Ordinance to
increase the elected officials’ salary effective the first payroll period in
July. This change would implement a 2% cost-of-living increase. The new
salaries are as follows:
Sheriff $73,495
Tax Collector $62,012
Register of Deeds $53,972
The
School
Health Nurse Contract
The
Henderson County Board of Commissioners approved funding for a 10-month school
nurse position for the school system. The Henderson County Department of Public
Health has been requested to contract with the Henderson County Public Schools
for provision of nursing coverage. There already exists a Health Department
school health nurse contracted by Henderson County Public Schools. This
arrangement works well in that there is continuity of services with physician
supported medical backup, and all the school nurses are nationally accredited,
a unique accomplishment and distinction among other counties in
The
Additional
clerical employee for DSS and Legal
This was to request an additional
entry-level clerical position. The proposed employee would be an employee of
the Department of Social Services ("DSS"), but would be posted to
work with and as a part of (and be supervised by) the legal department,
devoting 100% of their time to DSS matters.
Through early 2005, many clerical tasks
in DSS cases, particularly juvenile services cases, have been performed by the
office of the Clerk of Superior Court. These tasks (including but not limited
to the photocopying and service of court orders on attorneys and parties,
tracking and reporting service of process) have not had specific statutory
mandates as to who is required to perform them, only that they are
required under the law to be performed. The Administrative Office of the Courts
has encouraged our Clerk of Court's office to no longer perform many of these
tasks, instead focusing their efforts on only those duties required by statute.
These tasks have fallen to the legal department, severely overtaxing the time
of legal support staff with jobs that require a lower level of training than
they possess.
The most efficient way (in total cost and
in work-flow) to accomplish these tasks is this arrangement, where the employee
is an employee of DSS working under supervision of the legal department. As an employee
of DSS doing work exclusively for DSS, the employment costs of this employee
would be reimbursable to the County on the same basis as other DSS employees.
(All remaining employment costs for this employee for FY 2005-2006 would be
covered by lapsed salary, so that no budget amendment is required.)
The tasks to be performed by the proposed
employee were not contemplated as required of County government when your
budget was created, since they were and always had been performed by another agency.
However, as that agency will no longer perform these services, and as these
services are required
(that is, someone must do them, as
the failure to have many of these services done in a timely fashion is grounds
for an appeal (significantly delaying permanence for juveniles in DSS
custody)), there is no real alternative to the County performing these tasks. In
summary, this would be (1) an entry-level clerical position, (2) employed by
DSS, (3) working as a part of the legal department.
The County manager was in support of the
proposal.
Draft
Amendment to Henderson County Hospital Corporation lease
Henderson
County Hospital Corporation (“HCHC”), operator of
For purposes of this Lease Agreement a “purchase money Lien”
shall be
defined to include a lien (i) created at the time an item of
personal
property is purchased by the Hospital Corporation; (ii) in
an amount
which does not exceed the purchase price of the property;
(iii) which
secures monies loaned for the purchase of the property; and
(iv) in which
the secured party is any entity, not necessarily the vendor
of the
property, actually loaning or advancing the monies used for
the
purchase of the personal property.
Without
the clarification, a “purchase money Lien” may technically be only granted in
favor of the actual seller of the item purchased, and not, for example, in
favor of a related entity dedicated to the financing of sales of the seller’s
products.
By
way of example only, under the current definition, if HCHC wished to finance
the purchase of a vehicle from Car Dealership, Inc., a dealer of Auto brand
automobiles, made by the Auto Division of the Large Motors Corporation, HCHC
could only grant a lien on the title in favor of Car Dealership, Inc., and not
in favor, using this example, of Large Motors Acceptance Corporation, an
affiliate of Large Motors Corporation which Auto Division dealers use to finance
customer purchases of Auto brand vehicles. While this example likely bears no
relationship to any plans of HCHC, the principle is the same for purchases of
“big ticket” medical equipment, as well. The draft amendment would resolve this
potential problem, as many medical equipment manufacturers do not directly
finance the purchase of their devices, relying instead on third parties.
The
proposed Amendment would allow liens to be created in favor of any entity so
long as it is created at the time of the purchase of an item, so long as the
lien amount is not greater than the purchase amount of the item, and so long as
the lien secures money actually loaned for the purchase of the item by the
party secured by the lien. The Board was requested to adopt a resolution
clarifying the definition of a “purchase money Lien”.
Modification
of
1.
By adding “non-transporting vehicles” (also known as “quick response vehicles”)
to the definition of “ambulance” under the ordinance, so that their operation
staffed by intermediate or paramedic level emergency medical technicians will
require a franchise under the ordinance.
2.
By adding a requirement that all franchisees comply with the Henderson County
Emergency Medical Services program.
These
amendments will allow the County to insure that non-transporting vehicles meet
the state standards for the same, and also to insure that proper information
exchange with the County and with the State (required by the County program) is
assured.
The
Proclamations
The Board was requested to approve the
following Proclamations/Resolutions:
1.
8th
2.
Big
Sweep Day Resolution
3.
September
as Youth Soccer Month
The Proclamations/Resolutions are
attached hereto and incorporated as a part of the minutes.
Environmental
Advisory Committee – Annual Report
The Environmental Advisory Committee
presented their Annual Report for the Board’s review. No action was required.
Water and
Sewer Line Extensions
The City of
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The City of
Petition
for addition to
Staff
recommended approval of the following petitions for additions to the
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Colonial
Way
·
Hickory
Nut Trail
·
Bayberry
Way
·
Sourwood
Trail
·
·
W.
Turkey Paw Trail
It
has been the practice of the Board to accept road petitions and forward them to
NC Department of Transportation for their review. It has also been the practice of the Board
not to ask NCDOT to change the priority for roads on the paving priority list.
Referral
of Special Use (PUD) Application to Planning Board – River Stone Subdivision
Windsor-Autry
Company has submitted a development plan and applied for a special use permit
to be allowed to create a planned unit development to be known as "River
Stone Subdivision".
Pursuant
to 9200-33.A of the Henderson County Code, before the Board of Commissioners
may act on such a request, this matter requires "the advice and
recommendation" of the Henderson County Planning Board. Under §200-33.F(3),
"[t]he Board of Commissioners shall not issue a special use permit until
it has received recommendations from the Planning Board. If no action is taken
by the Planning Board within 45 days of the meeting at which the Planning Board
first considers the development plan, it shall be deemed to have recommended
approval of the development plan, and the Board of Commissioners may proceed to
act upon the application."
If
the Board were so inclined, the following motion was suggested: I move that the application for a special
use permit for a planned unit development by Windsor-Autry Company for
"River Stone Subdivision" be forwarded to the
Improvement
Guarantee for Mountain Meadows
Jeff
Donaldson and Ken Burgess, owners of the project, submitted an application for
an improvement guarantee for Mountain Meadows major subdivision. Mountain
Meadows is a 42-lot major subdivision located off of
According
to Sections 170-38 and 170-39 of the Henderson County Subdivision Ordinance,
where the required improvements have not been completed or in lieu of
completing all of the required improvements in order to submit a Final Plat and
also prior to Final Plat approval, the developer may post a performance
guarantee for the improvements. Section 170-38 of the Henderson County
Subdivision Ordinance also states that the installation of the improvements
must be completed within two years of the date of approval of the improvement
guarantee. The developers intend to post with the County an irrevocable letter
of credit in the amount of at least $62,740.00 to cover the cost of the
improvements ($50,192.00) as well as the required twenty-five percent (25%)
contingency ($12,548.00). The proposed completion date for the improvements is
April 15, 2006.
A
draft Performance Guarantee Agreement was presented for the Board's
consideration. If the application were approved, the developers 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.
The
in
accordance with the terms of the draft Performance Guarantee Agreement.
Improvement
Guarantee for Shuey Knolls
Henderson
County Habitat for Humanity, owner of the project, submitted an application for
an improvement guarantee for Shuey Knolls major subdivision. Shuey Knolls is a
103-lot major subdivision located off U.S. Hwy 64 (
According
to Sections 170-38 and 170-39 of the Henderson County Subdivision Ordinance,
where the required improvements have not been completed or in lieu of
completing all of the required improvements in order to submit a Final Plat and
also prior to Final Plat approval, the developer may post a performance
guarantee for the improvements. Section 170-38 of the Henderson County
Subdivision Ordinance also states that the installation of the improvements
must be completed within two years of the date of approval of the improvement
guarantee. The developer intends to post with the County an irrevocable letter
of credit in the amount of at least $194,400.00 to cover the cost of the
improvements ($155,520.00) as well as the required twenty-five percent (25%)
contingency ($38,880.00). The proposed completion date for the improvements is
June 1, 2007.
A
draft Performance Guarantee Agreement was presented for the Board's
consideration. If the application were approved, the developers 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.
The
Improvement
Guarantee for Phase II of The
The
According
to Sections 170-38 and 170-39 of the Henderson County Subdivision Ordinance,
where the required improvements have not been completed or in lieu of
completing all of the required improvements in order to submit a Final Plat and
also prior to Final Plat approval, the developer may post a performance
guarantee for the improvements. Section 170-38 of the Henderson County
Subdivision Ordinance also states that the installation of the improvements
must be completed within two years of the date of approval of the improvement
guarantee. The developers intend to post with the County a surety performance
bond in the amount of at least $1,665,606.25 to cover the cost of the
improvements ($1,332,485.00) as well as the required twenty-five percent (25%)
contingency ($333,121 .25). The proposed completion date for the
improvements
is September 15, 2006.
A
draft Performance Guarantee Agreement was presented for the Board's
consideration. If the application were approved, the developers must submit a
surety performance bond in accordance with the terms of the Agreement. Once the
County receives a surety performance bond in proper form, the relevant parties
must execute the Agreement.
The
performance
bond in accordance with the terms of the draft Performance Guarantee Agreement.
Non-Profit Funding
Agreements
Subsequent
to the approval of the FY 2005-06 Budget, staff had distributed the funding
agreements to the non-profit agencies receiving County allocations. Staff will
be including signed funding agreements on the Board's consent agendas as we
receive them from the agencies.
The
1.
2.
Historic
3.
4.
WNC Communities
5.
SSEACO
6.
Arts Council of
7.
8.
9.
Boys & Girls Club
10.
11.
Community Development Council
12.
Council on Aging
13.
Healing Place
14.
Environmental Conservation Organization
15.
16.
Pisgah Legal Services
17.
18.
Interfaith Assistance Ministry
Request
for Public Hearing on October 3, 2005 for Road Names
Staff requested a public
hearing date be set for the following new road name:
Farm
The
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies and these will appear on the next agenda for
nominations:
1.
Cemetery
Advisory Committee – 7 vac.
2.
3.
Juvenile
Crime Prevention Council – 1 vac.
4.
Senior
Volunteer Services Advisory Council – 2 vac.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
1.
Child Fatality
Prevention Team – 1 vac.
There were no nominations at this
time so this item was rolled to the next meeting.
2.
At the August 1, 2005 meeting, Commissioner Young had nominated
Dr. Elizabeth Todd. Chairman Moyer made the motion
to accept her nomination by acclamation. All voted in favor and the motion
carried.
3.
Commissioner McGrady nominated Kennith Stubbs for
reappointment to Position #1 and Jay Angel for reappointment to Position #3.
Commissioner Young nominated Joe Cox for appointment to Position #2. Ms.
Brantley stated there was no application on file for Mr. Cox. Chairman Moyer made the motion to accept
Kennith Stubbs and Jay Angel for Positions #1 and 3 respectively by acclamation. All voted in favor and the
motion carried.
4.
Juvenile Crime
Prevention Council – 4 vac.
There were no nominations at this
time so this item was rolled to the next meeting.
5.
Mountain Area Workforce
Development Board – 1 vac.
There were no nominations at this
time so this item was rolled to the next meeting.
6.
Nursing/Adult Care Home
Community Advisory Committee – 2 vac.
There
were no nominations at this time so this item was rolled to the next meeting.
ANIMAL ORDINANCE AMENDMENT
At the Board of Commissioner’s
meeting on August 1, 2005, the Board approved the first reading of several
amendments to the Animal Ordinance concerning exotic animals. The purpose of
this agenda item was for the Board to consider adoption of the amendments
through a second reading.
Rocky Hyder informed the
Board that there had been some clarifications made to the Definitions Section. Pursuant to comments from a member of the Animal
Services Committee, there is a need to more clearly define some of the
subspecies within some of the animal species. Those definitions had been
reclassified, but they had not yet been before the full Animal Services
Committee. Mr. Hyder stated he would like to take those before the full
Committee prior to additional discussion.
Chairman Moyer asked Mr.
Burrell what the Board’s options were regarding this item. Mr. Burrell stated
that the Board was not obligated to move forward with a vote tonight. They
could vote on an amendment tonight, but if they vote on a amendment to what
they already had, they would have to have a second reading unless it were a 5-0
vote. If there were any opposition they could not move forward with an amended
version from this point. If the Board directs staff to come back with changes,
that would begin the process again and the first reading would be of no
significance.
Commissioner Baldwin
discussed the difference between individuals keeping animals such as venomous
snakes, and organizations which collected native species for educational
purposes. He stated that he believed there should be a permitting process
associated with organizations using such species for educational purposes.
Commissioner McGrady disagreed with Commissioner Baldwin, stating that the
County was seeking to regulate an area where there was no need for regulation. Commissioner
McGrady suggested the Board refer the ordinance back to Staff and the Animal
Services Advisory Committee for a re-write.
Following additional
discussion, Chairman Moyer suggested allowing the Animal Services Committee to
re-visit the ordinance, review the definitional changes that had been proposed,
examine whether the inclusion of a permitting fee should remain within the
ordinance, and bring back their recommendations to the Board. It was the
consensus of the Board to proceed with that suggestion.
Update on Historic Courthouse Project
David
Nicholson presented the following schematic design budget for the Historic
Courthouse Project:
Historic Courthouse Project Schematic Design Budget
Construction:
Base Bid $5,320,000
Abatement $570,000
Design Contingencies (20%) $1,178,000
Sub-Total $7,068,000
Extra
Services:
Courtroom A/V and Site Issues $1,500,000
Extra Services Contingencies $150,000
A & E Fees (7.6%) $494,000
Sub-Total $2,144,000
Total
Project Cost $9,212,000
He discussed the substantial cost of
abatement, due to the large amount of lead based paint and asbestos. He noted
that he had programmed in a large amount of Contingencies - 20% Contingency in
the schematic budget for design. He had also plugged in an amount for the
Courtroom A/V, any site upgrades and a 10% Contingencies for these costs.
Mr.
Nicholson then discussed several options that would be available to the City of
Hendersonville
Mayor Fred Niehoff first assured the Board that the City would cooperate and
work with the County on plans for the Courthouse. He stated that they were
interested in working toward a downtown center type concept, including
participating in the cost. Merchants in the area are aware of the tradeoff
between parking spaces, versus having an attractive park-like area that people
will want to walk toward. He discussed several options for parking, such as
making 1st and 2nd Avenues one-way to create diagonal
parking. He expressed that they did not wish to pursue building a parking deck,
but would work with the County on some other plan to create parking on the
south end of
Dr.
George Jones then addressed the Board, stating the plans showed about 80% of
what he’d like to see. He wished to see parking completely off the courthouse
property, with a green park surrounding the courthouse. With respect to
parking, he felt that having to park a block and a half from the courthouse
wouldn’t hurt anyone. Dr. Jones stated that after working on the Courthouse for
nine years, this was the first time the Board had a plan of action in front of
them. He urged the Board to move forward on restoring the Courthouse now.
Commissioner
McGrady questioned what was needed for the Board to move forward from this
point. He understood we need continued consultation with the City with respect
to the parking issue and the design of the front lawn, as well as authorization
to put together a bid package consistent with the schematic drawings provided.
Chairman Moyer stated that he had confidence that the City would work with the
County on parking, and that the County should work to maximize the green space
behind the courthouse, while providing essential parking.
Commissioner McGrady made the
following three part motion: he moved that 1) the Board direct staff to
continue to consult with the City of Hendersonville on the design of the front
of the Courthouse and with respect to parking in and around the Historic
Courthouse, 2) the Board direct staff to work on the design for the back of the
Courthouse that would maximize the green space with the minimal parking
necessary for handicapped access, and 3) that the Board direct Staff to put
together a bid package, following consultation with the City on the redesign of
the back side consistent with the financial numbers and designs they put
together. Following much additional discussion on timing and
additional parking issues, a vote was taken on the motion. All voted in favor and the motion carried.
PUBLIC HEARING – Rezoning Application #R-2005-03 (O&I to R-10)
Commissioner
McGrady made the motion to go into Public Hearing. All voted in favor and the
motion carried.
Autumn Radcliff addressed the Board,
stating that Rezoning Application #R-2005-03, which was submitted on April 19,
2005, requests that the County rezone approximately 26.8 acres of land, located
off College Drive (SR 1920), from an 0 & I (Office and Institutional)
zoning district to an R-10 (High-Density Residential) zoning district. The
Subject Area appears to be a portion of parcel 9588-02-0399 and parcel
9578-94-1074, both of which are owned by
The Henderson County Planning Board first
considered rezoning application #R-2005-03 at its regularly scheduled meeting
on June 21, 2005. During that meeting, the Board voted 8 to 1 to postpone
making a recommendation to the Board of Commissioners on the rezoning request
until the regularly scheduled July meeting to allow
On July 19,2005, the Planning Board,
after hearing from various representatives of
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 September 6, 2005, public hearing regarding rezoning application
#R-2005-03 were published in the Hendersonville Times-News on August 17, 2005
and August 24, 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 August 25, 2005. Planning Staff posted signs advertising the
hearing on the Subject Area on August 26, 2005.
The Subject Area is located in the
southern portion of the Blue Ridge Community College property off College Drive
(SR 1920), approximately 900 feet west of the intersection of College Drive and
South Allen Road (SR 1756). The Subject Area is situated between the Herman
Weisberg Training Center (used for fire, rescue and other emergency services training)
located to the west, and the Elizabeth House and Pardee Care Center facilities,
located to the east.
The Subject Area is currently zoned
O&I, which was applied on October 1, 1990, as part of the East Flat Rock
Phase I Land Use Plan. The Subject Area is surrounded on the north and east by,
an O&I zoning district, to the south by a C-4 (Highway Commercial) zoning
district, and to the west by an R-20 (Low-Density Residential) zoning district.
The O&I (Office and Institutional District) is intended to provide a compatible mixture of office, low-density
residential, light commercial and institutional uses. The R-10 (High-Density Residential District)
which is proposed for the subject area is intended to be a high-density neighborhood consisting of single-family
and
two family
residences and small multifamily residences. The major difference between
O&I and R-10 is the square footage of the lots. O&I requires a 30,000
square foot lot, while R-10 requires a 10,000 square foot lot.
The Subject Area is currently
undeveloped. Looking at the surrounding area, most uses within the vicinity of
the Subject Area consist of residential, commercial, and institutional
community and cultural uses. Residential
uses are to the west and southwest of the
Subject Area, as well as to the northeast, across
Staff's position at this time, under the
guidelines of current plans, policies, and studies, was it supports the East
Flat Rock Area, Phase I Land Use Plan's recommendation for the Subject Area to
be zoned for office and institutional uses. This was based on the following: Both
the text and map of the 2020 CCP identify the Subject Area as being located in the
Urban Services Area (USA) and suitable for industrial development, with a portion
of the Subject Area being identified for conservation. Although the CCP states,
"wide ranges of residential densities will exist," it also states
that, "public schools should be developed within the
The pending Industrial Study will help
the County further refine the industrial land use recommendations in the CCP
and will, eventually, lead to industrial sites being zoned industrial. It is
possible that the industrial
land use classification in the
The Subject Area is located adjacent to
Area's close proximity to the existing
Herman S. Wiseberg Training Center makes the Subject Area less desirable for
R-10, High-Density Residential development. In addition, a small portion of the
Subject Area appears to be located within the 100-year floodplain. Staff has
identified no plans or policies, changes in existing conditions, or overriding
community interest that would justify granting the proposed rezoning.
It is generally incumbent upon the
Applicant to demonstrate an overriding justification for approving a given
rezoning application. The applicant demonstrated such justification at the
Planning Board meeting. The Henderson County Planning Board first considered
rezoning application #R-2005-03 at its regularly scheduled meeting on June 21, 2005.
During that meeting, the Board voted 8 to 1 to postpone making a recommendation
to the Board of Commissioners on the rezoning request until the regularly
scheduled July meeting to allow
Public
Input
1. Rocky Hyder – Mr. Hyder stated that
he was speaking on behalf of the Henderson County Fire and Rescue Association,
which operates the
Ron
Stephens stated that he was one of the partners in this venture, and they had
the full support of
Planning
Staff answered several questions from the Board on some of the uses in the
area, particularly Elizabeth
House and
Chairman Moyer made the motion to approve the request to
change the zoning on Rezoning Application #R-2005-03, from O&I to R-10 due
to R-10 being consistent with the development of that area and the
property, the residential concept is in
keeping with nearby development, and the fact that the concerns of the Fire and
Rescue Association had been addressed. The motion carried 3-2 with Commissioner
Baldwin and Commissioner Young voting in opposition.
Commissioner
Messer made the motion to go out of Public Hearing. All voted in favor and the
motion carried.
Revisions to the Sewer
Use Ordinance
Russ Burrell noted that the North
Carolina Department of Transportation (NCDOT) had changed its requirements
concerning the granting of encroachments to private parties to construct sewer
facilities parallel and adjacent to the State roads. When it is not technically
possible to build a total-gravity sewer collection system, which may, upon
certain requirements being met, be deeded to the Cane Creek Sewer District,
developers are considering building a combination gravity/pump station/force
main sewer collection system which they would own and operate. However, if the
developer can't secure an encroachment for a force main from the NCDOT, this
option is eliminated.
In order to (a) assist developers with
securing a NCDOT encroachment for sewer collection systems to be owned by the
developer and (b) protect the Cane Creek Sewer District against unnecessary
risk and expense, staff was requesting that the Board amend the Sewer Use
Ordinance per the attached edition. A number of other proposed additions and
changes establish procedures for developers to serve the various types of
development with a privately-owned sewer collection system. Other proposed
revisions addressed the elimination of the Mud Creek Water and Sewer District
and better identify potential water suppliers.
Still other proposed revisions address
new billing and collection arrangements and formalize the policy that sewer
collection systems must be total-gravity in order for Cane Creek Water and
Sewer District to accept ownership. A copy of the Ordinance to Revise and Amend
Henderson County Sewer Policies is attached hereto and incorporated as a part
of the minutes.
David Nicholson noted that this item
addresses the issue that was caused by the ruling by NCDOT about allowing private
developers to use their rights-of-way. This item is also in keeping with the
Board's Strategic Plan's initiative to review all of the County's ordinances
and make any appropriate changes to update them.
Commissioner
McGrady made the motion to adopt the revisions to the Sewer Use Ordinance as
reflected in the draft Ordinance provided to the Board. All voted in favor and
the motion carried.
Commissioner Baldwin reminded the Board
that one of the items in the Comprehensive Plan included a commitment to water
quality. To that end, a Non-Profit funding agreement had been drafted which
would be between Henderson County and another non-profit such as the Mountain Valley Resource Conservation and
Development Council, Inc. or the Carolina
Mountain Land Conservancy for the Upper Broad River Watershed
Protection Program.
There was discussion regarding whether
the County should enter into a funding agreement with the Mountain
Valley Resource
Conservation and Development Council, Inc. or the
Commissioner
Baldwin made the motion to adopt the Agreement presented to the Board, with the
change noted (addition of language
that all activities undertaken by the Agency within Henderson County
must show measurable outcomes benefiting Henderson County) and that we use Carolina Mountain Land Conservancy as the
other party for the Agreement. All voted
in favor and the motion carried.
Increase of local cable
franchise fee
Russ Burrell stated that
the newly adopted
The current franchise
fee rate payable to
Ordinance (Chapter 74 of
the Henderson County Code) is three percent (3%) of each franchisee’s gross
revenues. Under the
current state of affairs, the State would receive a windfall of two percent of Mediacom’s
gross revenues.
Proposed was a draft
amendment to the Cable Television Ordinance, which would increase the
franchisees’ fees to five percent (5%) of gross revenues. Only one sentence of
the ordinance is changed, shown as follows:
The grantee shall pay to
the County during the life of the franchise a sum equal to five percent (5%) of
the gross annual revenues per year in the areas of the County's jurisdiction
pursuant to § 74-1 of this chapter.
The adoption of this
amendment would not increase the bills to
seven percent, either as
franchise fee or as sales and use tax, regardless of the Board’s action. The
adoption of this ordinance would only affect the recipient (
Commissioner
McGrady made the motion to approve the amendment to the Henderson County Cable
Television Ordinance to increase cable television franchise fees per the draft
amendment presented, with the only change being the effective date of December
1, 2005. All voted in favor and the motion carried.
UPDATE ON PENDING ISSUES
Rescue Squad
Funding
Chairman Moyer reminded the Board that following
discussion of Rescue Squad Funding at a previous meeting, the Board authorized
him to take the matter to the LGCCA to see if each municipality and the County
would adopt a tax which would fund the Rescue Squad. The LGCCA members wanted
additional information about the role of the Rescue Squad prior to making a
decision. Chairman Moyer went back to the Fire and Rescue Advisory Committee,
and told them there were some issues with respect to the role, and requested
they hold a hearing to accept input on the funding. That meeting was scheduled
for September 7th. Following that meeting, the Committee will determine
what type of recommendation they would like to make back to the Board with
respect to funding.
Tax
Administration Office
Chairman Moyer stated that with thanks to
Representative Justus and Senator Apodaca, legislation had passed that would allow
the County to move forward with a plan to form a Tax Administration Office.
There will be a gradual implementation process associated with the change, and
the Board will be presented with a specific plan now that we have the okay to
move forward.
House Bill
947
Chairman Moyer noted that he had learned about this
Bill while at a recent NCACC meeting in
Lottery
Russ Burrell stated that using some unique
parliamentary procedures,
·
5% of gross
revenues will go to a Reserve Fund used to level lottery proceeds over time
until that fund reaches $50,000,000
·
Of the remaining
net revenues, after allocating for cost of expenses and prizes
§
50% will go to
the program for early grade class size reduction to an 18:1 ratio, and academic
pre-kindergarten for at-risk 4 year olds
§
40% will go to
the public school building capital fund
·
65% of that will
be allocated on ADM
·
35% allocated
only to those counties whose effective tax rate is greater than the state
average effective tax rate
§
10% college
university scholarships
NCACC projections for
·
Year 1, FY
’06-’07 - $973,563
·
Year 2, FY
’07-’08 - $952,000
·
Year 3, FY
’08-’09 - $1,054,000
·
Year 4, FY
’09-’10 - $1,127,000
WHKP
Commissioner McGrady began the
discussion, stating that he had mixed feelings on the matter. He didn’t feel
there was any justification for the County to be sponsoring its channel, and
for opinion pieces and political ads to be running throughout a government
sponsored cable broadcast. On the other hand, he felt some of the things the
radio station does were important to the County, such as emergency and
community information. He was interested in the station’s ability to remove
from the air, pieces that really shouldn’t be running on a public station. He
further suggested the County develop criteria for what can go on Channel 11,
which will allow a radio station to be on the channel while filtering out the
inappropriate content.
Commissioner Young agreed that WHKP had
provided a service to the County, and questioned whether the County could
provide a similar service. He did however, feel that the County should be in
control of the programming done on the channel.
David Nicholson stated that Staff had
come up with some broad categories for criteria. One important area dealt with
disbursing emergency information. While the County can immediately place things
on the character generator, any programming comes via taped programs, and we
are limited to seven tapes a day. The only live discussion possible at this
time is through a radio station. Mr. Nicholson stated that if the Board decides
they are comfortable with a radio station being on Channel 11, Staff would want
to address the issues such as Rush Limbaugh’s program and political ads.
Chairman Moyer stated that rather than
looking at specific instances, he felt that the Board should draw up the
criteria which would have to be met, and see if any radio stations can meet
those criteria. If no stations can meet that criteria, then no station will be
on. If one can meet it, then it will be on. The problem may come if both local
stations can meet the criteria. For example, one of the criteria should be that
no political ads may be run on Channel 11.
Following some additional discussion, Commissioner McGrady made the motion to
direct Staff to bring back, at the next meeting, criteria for awarding the
broadcast rights on the government channel. And, that in the interim, Staff
work with WHKP and look at other options to eliminate political talk shows and
religious programming until such time as the Board makes a decision on the
award of that franchise. Chairman Moyer questioned whether Commissioner
McGrady would consider splitting that into two separate motions. Commissioner
McGrady agreed to split the motion. Commissioner
McGrady made the motion to direct Staff to bring back at the next meeting,
criteria for awarding the broadcast rights on Channel 11. All voted in favor
and the motion carried.
Commissioner
McGrady then made the motion to direct Staff to either unilaterally or through
the cooperation of WHKP, eliminate political talk shows and religious
programming which is currently on Channel 11 until such time as the Board makes
a decision on the award of that franchise. Following much additional discussion, Commissioner McGrady amended his motion to
strike the elimination of religious programming at this point. Commissioner
Baldwin wished to go on the record that he personally did not have a problem
with individuals broadcasting messages from their particular faith community,
but in terms of fairness it probably was an issue that would need to be
addressed. Commissioner McGrady restated
the motion to direct Staff to either unilaterally or through the cooperation of
WHKP, eliminate political talk shows currently on Channel 11. All voted in
favor and the motion carried.
Land
Development Code
Selena
Coffey provided a brief background on the Land Development Code. Last July the
Board of Commissioners adopted the County Comprehensive Plan (CCP), which
included the consolidation of the County’s development ordinances into a single
Land Development Code. The Code was also included in the Strategic Plan and was
scheduled for completion this Fiscal Year, FY ’05-’06. The purpose of the Land
Development Code was to provide for better coordination of related development
ordinances, improve on plan review and the permitting process, and provide a
regulatory structure for managing growth and development that’s well organized
and understandable by the public. The Code will require the revision of Land
Development regulations, and may include the official zoning map as a well a
zoning ordinance text.
Lori
Sand, Planning Project Manager, provided a progress report on the Land
Development Code’s development. She stated that the first draft of the Code was
almost complete, and they anticipated distributing that draft to the Planning
Board at their September 20th meeting. They also planned to have a
bulleted list of the major items which were outlined in the CCP, or which
became issues during the last rewrite project.
Chairman
Moyer stated that it was very important to try to stay on the time schedule
already approved by the Board of Commissioners. In order to do that, he felt it
was essential that the Board give the planning department direction and
guidance with respect to how the procedure should happen. Specifically,
Chairman Moyer felt they should direct Planning Staff and the Planning Board
not to have public input or public hearings on the draft that’s being proposed
by the Planning Department. The Board of Commissioners would then be
responsible to hold the public hearings.
Commissioner
McGrady stated that he was strongly supportive of the public input process
lying with the Board of Commissioners. He agreed that the Planning Board should
be directed to review the ordinance and give the Board of Commissioners its
best recommendation. The Planning Board should specifically be told that the
Board of Commissioners will undertake the public process once they have an
Ordinance recommended by the Planning Board.
Following additional discussion, Chairman Moyer made the motion to request
the authority from the Board to send a letter to the Planning Department and
Planning Board indicating that it is the Board’s desire that they stay on the
current schedule, that they not receive formal public comment or input, and
that the Board of Commissioners will undertake and carry out that
responsibility. All voted in favor
and the motion carried.
Western Highlands
Network New CEO
Charlie
Messer stated that it had been a long process, but Arthur Carder Jr. had been
hired as the new CEO for the Western Highlands LME. Justin Hembree pointed out
that per the Resolution adopted by this Board as well as the other Boards in
the LME area, a 75% vote was required to hire the CEO. Mr. Carder comes from
Update on
Chairman
Moyer stated that he had been amazed to read in the Times-News that
Commissioner Baldwin had made a public statement charging him with maneuvering
with other leaders in the County behind the scenes to sell the hospital. He
stated that those were serious accusations, and called on Commissioner Baldwin
to provide the names and give evidence of that. Commissioner Baldwin stated
that he felt it was ironic that the Board had been called into Closed Session
at the last minute to discuss a matter of which the Board had no knowledge.
There followed heated discussion with Chairman Moyer requesting Commissioner
Baldwin’s evidence, while Commissioner Baldwin discussed his concerns about the
process.
Chairman
Moyer distributed to the Board a court decision regarding Charlotte Mecklenburg
hospitals. That decision provided a clear guide to hospital boards that they
can only disclose the salary, in the most narrow sense, when discussing
hospital executives. Everything else is considered part of their personnel
file, which does not allow for discussion of compensation, total compensation,
or severance. This decision must govern what the Hospital Board does.
With
regards to Jon Schurmeier, the Interim CEO, Chairman Moyer felt the Hospital
Board had selected a very qualified person to be the Interim CEO. He had
already provided good guidance and direction to the Board on a number of
difficult issues.
There
followed some additional heated discussion about the financial situation at the
hospital. Ron Stephens, Chairman of the Hospital Board, addressed the Board. He
stated that the hospital was a very serious issue, but that
There
was discussion about the possibility of holding a joint meeting between the
Hospital Board and the Board of Commissioners. Commissioner Baldwin made the motion to set a meeting date to have a
joint meeting with the Hospital Board. The motion failed 2-3 with Chairman
Moyer, Commissioner McGrady and Commissioner Messer voting in opposition.
Commissioner
Baldwin discussed a request that had been made by the Times-News requesting
specific types of information in the possession of the hospital. He asked Mr.
Stephens to update the Board on the status of that request. Mr. Stephens
answered the hospital’s attorney, Sharon Alexander had answered that request,
quoting court cases and statutes that governed what could be provided.
Everything that could legally be provided, had been provided. Commissioner
Baldwin requested a copy of that letter, which will be provided by Ms.
Alexander.
IMPORTANT DATES – no business
ITEMS CARRIED FROM THE CONSENT AGENDA
Item H - Vehicle
Bids
Carey McLelland reminded the Board that
included in the budget were funds to finance the purchase of new vehicles which
were either expiring leases, new positions requiring a vehicle or vehicles that
met the County’s replacement policy. On July 29, 2005, Finance Staff along with
departments to receive new vehicles prepared a Motor Vehicle Request for
Proposal (RFP) which was made available to interested bidders. The RFP was made
available on the County's website as well. An invitation to bid pursuant to the
RFP was duly advertised in the Hendersonville Times-News on July 30, 2005 (see
attached Exhibit A). A pre-bid conference for this project was held on August
3, 2005 in the Henderson County Finance Department. On August 19, 2005 at 2:00
p.m., a total of four (4) bids were received by the Finance Director in the
Finance Department and were reviewed for responsiveness.
Staff recommended that the Board consider
approving a resolution awarding the bids to the lowest responsive bidder for
the vehicles requested. The resolution authorizes the Finance Director and the
Commissioner
McGrady made the motion to adopt the resolution with respect to the purchase of
the vehicles, which was provided for the Board’s consideration. All voted in
favor and the motion carried.
Item I - Vehicle
Financing Proposals
In the current year's budget the Board
approved the installment contract purchase of new vehicles to replace vehicles
in the County's fleet that either had leases expiring during the fiscal year or
were requested and approved as new vehicle replacements for certain
departments.
Staff requested proposals from financial
institutions to do an installment contract purchase financing for fifty-one
(51) new vehicles at a total cost not to exceed $958,000. Provided for the
Board's review were the results of the financing proposals that were received
from seven financial institutions. Bank of America has been certified as the
lowest responsive proposal to finance the new vehicles for a 3-year term at a
bank-qualified interest rate of 3.35 percent. The total annual debt service
payments required would be $337,005.32. The
first quarterly payment of $84,251.33
would be due in January 2006. Also provided for the Board's review were draft
copies of the Installment Purchase Contract and Acquisition Fund and Account
Control Agreement.
Staff recommended that the Board consider
approving a resolution accepting and approving the proposal received from Bank
of America and authorizing the Chairman and staff to execute the required
financing documents. No formal approval by the Local Government Commission or a
public hearing is required to enter
into this installment purchase contract
financing.
Commissioner
McGrady made the motion to adopt the Resolution accepting the proposal from
Bank of
Item Q - Unsealing
of closed session minutes and accounts
The following
minutes/accounts from closed sessions of the Board of Commissioners were
approved by the Board at the 1 August 2005 meeting. Pursuant to policy, at the
same meeting the Board determined that the purpose of the closed session
involved in these matters would not be frustrated by the release of these
minutes, or that the minutes should no longer be kept sealed. The Board’s approval,
in open session, is sought, pursuant to policy, to allow unsealing of the
attached minutes.
17 December 2003
18 February 2004
3 May 2004
19 May 2004 (Raflatac)
25 May 2004 (Raflatac)
18 August 2004 (Park
Ridge)
16 February 2005
(Harper)
23 March 2005 (Raflatac)
15 June 2005
21 June 2005
Commissioner Baldwin
stated that with respect to the June 15th minutes, he felt it was
questionable whether that was a legal closed session. He did not support that
the minutes reflected what occurred during that meeting.
Commissioner McGrady made the motion to unseal all of the
above listed closed session minutes and accounts, including June 15, 2005. He stated that if there
was a problem with having a Closed Session, Commissioners should at that time have
objected to the Closed Session going forward, or not approved the minutes. It
frustrated him that they were dealing with a procedural matter well after the
occurrence of the events.
Following that
discussion, a vote was taken on the motion. The
motion carried unanimously, with Commissioner Baldwin abstaining.
CANE CREEK WATER & SEWER DISTRICT – no
business
CLOSED SESSION
Commissioner McGrady 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)(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
Following Closed
Session, Chairman Moyer adjourned the meeting.
Attest:
Elizabeth W. Corn, Clerk
to the Board William L. Moyer, Chairman