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
Also present were: Fire
Marshal’s Administrative Assistant
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Commissioner Williams
led the Pledge of Allegiance to the American Flag.
INVOCATION
Assistant County Manager
Selena Coffey gave the invocation.
INFORMAL PUBLIC COMMENTS
There was no public
input.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested
one addition to the Discussion items,
There were no other
changes suggested.
Commissioner McGrady made the motion to approve the agenda
as revised above. All voted in favor and
the motion carried.
CONSENT AGENDA
Commissioner McGrady made the motion to approve the consent
agenda. All voted in favor and the
motion carried.
Minutes
Draft minutes were
presented for the Board’s review and approval for the following meetings:
March 12, 2007
March 21, 2007
Tax Collector’s Report
Terry F. Lyda, Henderson
County Tax Collector, had provided the Tax Collector’s Report dated March 23,
2007, for the Board’s review and consent approval.
County Financial Report/Cash Balance Report – February, 2007
These two reports were
presented for the Board’s review and consent approval.
Non-Departmental costs
include insurance premiums paid to date for Property and Liability insurance
coverage and Worker’s Compensation costs.
These costs are being allocated out to all departments on a pro rata
basis during the fiscal year.
The current YTD deficit
in the Emergency 911 Communications Fund is due to the purchase of new
technology and equipment during the first quarter that was budgeted in the
current fiscal year and paid for from unreserved fund balance appropriated in
this Fund.
The YTD deficit in the
CDBG-Scattered Site Housing Project is temporary due to timing differences in
the expenditure of funds and the subsequent requisition of Federal and State
grant funds to reimburse project expenditures.
The YTD deficit in the
Mills River Elementary School Project includes architectural fees that have
been paid on the project to date that will be reimbursed from the issuance of
debt in the future.
The YTD deficit in the
Balfour Automotive Training Center Project will be paid from sales tax refund
proceeds which have accumulated in the School Capital Projects Fund.
The YTD deficit in the
Solid Waste Landfill Fund is due to construction expenditures incurred on the
new transfer station project. The total
cost of this project is being paid from $1.8 million of unreserved fund balance
appropriated in this Fund.
Henderson County Public Schools Financial Report – February,
2007
This February report was
presented for the Board’s review and consent approval.
This report was provided
for the Board’s review and consent approval.
CJPP Grant Application
This Grant Application
was provided for the Board’s review and consent approval.
If the Board is so
inclined, the following motion was suggested:
I move that the Board of Commissioners approve the CJPP
application as presented and direct the County Manager to evaluate the benefits
of including County Funding in the upcoming FY 2007-08 budget for the Pre-Trial
Release Program.
Improvement Guarantee Applications & Extensions
Mr. Jeff Cosgrove and
Mr. Jim Armour, owner and developers, submitted an improvement guarantee
application for the Summit Springs major subdivision. Summit Springs is a 174 single-family lot
subdivision located off
Mr. Norman Divers, agent
for owner, requested a second extension for the Blacksmith Run subdivision
improvement guarantee. The last
extension required that the developer install a wastewater treatment plant by
April 7, 2007. Mr. Divers has requested
to extend the improvement guarantee to October 1, 2007.
Mr. A.J. Ball agent for
owner of the Pinnacle Falls Renaissance subdivision requested to extend the
completion dates of two improvement guarantees for
If the application and
extensions are approved, the developers must submit irrevocable letters of
credit in accordance with the terms of the Agreements. Once the County receives the letters of
credit in proper form, the relevant parties must execute the Agreements.
If the Board is so inclined,
the following motion was suggested:
I move that the Board of Commissioners find and conclude
that the request for an improvement guarantee and requested extensions comply
with the provisions of the Subdivision Ordinance and is approved.
Jackson Park BMX track lease
This lease would
continue in effect the standing lease with the National Bicycle League, Inc.
(“NBL”), for the operation of the “BMX” track located at Jackson Park. NBL has constructed and maintains the track,
and operates and supervises “BMX” events there.
If the Board is so
inclined, the following motion was suggested:
I move that the Board approve the lease for the “BMX” track
at Jackson Park with National Bicycle League, Inc., and authorize the Chairman
and staff to take such actions necessary to execute the same for the County.
Consolidated Contract Agreement with the NC Department of
Health and Human Services
Each year, as part of
the normal budgetary process, in order to keep the funding cycles without
disruption of federal and state funds, the Consolidated Agreement with the NC
Department of Health and Human Services is signed ahead of the final county
budget. It was understood by the State
Division of Public Health that the Local budgets are still being negotiated and
would be finalized at a later date. It was
also understood that program service levels and funding support can be
renegotiated as necessary. This
agreement contains items that include:
If the Board is so
inclined, the following motion was suggested:
I move that the Board of Commissioners adopt the
Consolidated Contract Agreement for Fiscal Year 2008 between the NC Department
of Health and Human Services and the Henderson County Department of Public
Health be approved with the understanding that program service levels and
funding support can be renegotiated as necessary.
Proclamation for National Day of Prayer
The following
proclamation was recommended for the Board of Commissioners’ consideration:
WHEREAS,
National Days of Prayer have been part of our country’s heritage since the
first one was declared by the Continental Congress in 1775; and
WHEREAS, 2
Chronicles, Chapter 7, verse 14 reads “If my people, which are called by my
name, shall humble themselves, and pray, and seek my face, and turn from their
wicked ways; then will I hear from heaven, and will forgive their sin, and will
heal their land”; and
WHEREAS,
leaders of our Nation have relied upon the power of prayer throughout American
history; and
WHEREAS, May
3, 2007, marks the 56th consecutive observance of the National Day
of Prayer, as mandated by both Congress and by our President in Public Law
100-307; and
WHEREAS, it is
good that we acknowledge that we are all God’s handiwork and that it is
appropriate to call upon Him in prayer; and
WHEREAS, “
NOW, THEREFORE, I William L. Moyer, Chairman
of the Henderson County Board of Commissioners, do hereby proclaim May 3, 2007
as a “Day of Prayer” in Henderson
County and urge our citizens to join together in homes, places of work and
places of worship, to pray for the unity of the hearts of all mankind, and to
continue in prayer for our Nation.
____________________________________
William L. Moyer,
Chairman
Attest:
____________________________________
Elizabeth W. Corn, Clerk
to the Board
If the Board is so
inclined, the following motion was suggested:
I move that the Board approve the Proclamation designating
May 3, 2007 as the National Day of Prayer.
NOMINATIONS
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations.
1.
Adequate Public
Facilities Task Force Charter – 1vac.
There were no nominations
at this time so this item was rolled to the next meeting.
2.
Blue Ribbon Committee on
Illegal Immigration – 1 vac.
There were no nominations at this time so this
item was rolled to the next meeting.
3.
Child Fatality
Prevention Team – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
4.
Fletcher Zoning Board of
Adjustment – 1 vac.
Commissioner Messer
nominated Don Rhodes. Chairman Moyer made the motion to accept the
nominee by acclamation. All voted in
favor and the motion carried.
5.
Commissioner Williams
nominated Renee Kumor to position #1 and Jonathan Parce to position #3 for
reappointment. Commissioner Young
nominated Gary Griffin to position #9 for reappointment. Chairman
Moyer made the motion to accept the three nominees by acclamation. All voted in favor and the motion carried.
6.
There were no
nominations at this time so this item was rolled to the next meeting.
7.
There were no
nominations at this time so this item was rolled to the next meeting.
8.
Juvenile Crime
Prevention Council – 5 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
9.
Library Board of
Trustees – 1 vac.
Commissioner McGrady
nominated Elizabeth Black. Chairman Moyer made the motion to accept the
nominee by acclamation. All voted in
favor and the motion carried.
10.
Nursing/Adult Care Home
Community Advisory Committee – 4 vac.
There were no nominations at this time so this
item was rolled to the next meeting.
11.
Senior Volunteer
Services Advisory Council – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
12.
Solid Waste Advisory
Council – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
DISCUSSION ITEMS
Rules for Vested Rights Hearing
Chairman Moyer felt that
there needed to be strong public opinion but with some restrictions.
Procedure for Hearings on Vested Rights
Notwithstanding any
other rule of procedure of this Board, the following rules and procedures shall
apply to public hearings on applications made pursuant to Chapter 189 of the
Henderson County Code (“Chapter 189”):
Rule 1: Definitions
a)
Board. Board shall mean the Henderson County Board of
Commissioners.
b) Critical Findings of
Fact. Critical Findings of Fact shall
mean facts determined as true by the Board, which are pertinent to the decision
rendered to approve, not approve, or approve with conditions any application
under Chapter 189, including the basis for any such conditions.
c)
Evidence. Evidence shall mean anything offered before
the Board, which tends to prove or disprove a fact.
d) Other Parties. Other Parties shall mean persons or entities
other than the Petitioner(s) who have a substantial interest in the outcome of
the Proceeding and who may be adversely affected by the decision to be rendered
by the Board for a particular Proceeding.
Other Parties shall include any
e)
Party. The Petitioner(s), and any Other Parties.
f)
Petitioner. Petitioner shall mean the person requesting
that the Board grant it vested rights under Chapter 189.
g) Sworn Testimony. Sworn Testimony shall mean testimony given by
a witness who has sworn or affirmed that the testimony, which they are about to
give, is true to the best of their knowledge.
h) Witness. A witness shall mean any person who testifies
in a proceeding under Chapter 189. A
Witness need not be called to testify by the Petitioner(s) or an Other Party.
Rule 2: Duties of the Chair
a)
Conduct
Proceedings. The Chairman shall conduct
the Proceedings in an orderly and efficient manner under these rules.
b) Rule of Matters of
Procedure and Evidence. The Chairman
shall be responsible for ruling on questions of Procedure or admissibility of
evidence.
c)
Written
Decision. The Chairman shall, in
conjunction with the Clerk to the Board and the
Rule 3: Procedure
a)
The
Board shall commence the proceeding by going into public hearing after motion
and majority vote.
b) The Chairman, or such
person as he shall direct, shall give a preliminary statement of the
Proceeding. The preliminary statement
shall contain the name of the Petitioner and the determination requested by the
Petitioner. Such statement may also
contain the names of any Other Parties which the Chairman believes would be
appropriate to be an Other Party to the Proceeding.
c)
Any
Other Parties not named by the Chairman wishing to appear before the Board and
act as an Other Party with respect to the Proceeding shall then apply to the
Board for the same, and may be allowed as parties in the discretion of the
Board.
d) Only the Petitioner and
Other Parties, and members of the Board, may question witnesses.
e)
All
witnesses appearing in a case shall be sworn in by the Clerk to the Board.
f)
A
Witness, whether or not presented by a party, shall be limited to three (3)
minutes direct presentation. The Board
has discretion to extend the period of direct presentation for any Witness.
g) Cross-examination shall
be allowed by the Parties of any Witness who is presented by or on behalf of
any other Party, and, in the discretion of the Board, of any Witness by all
Parties. The time allowed for such cross-examination
shall be in the discretion of the Board.
Any witness may be cross-examined by any member of the Board.
Rule 4: Order of
Presentation
a)
After
the preliminary statement by the Chairman, Henderson County Planning Staff
shall provide a summary of the pending project, without recommendation.
b) The Petitioner shall
then present evidence in favor of its position.
c)
Henderson
County Planning staff shall then present any position it wishes to take
regarding the Petition.
d) Other Parties shall then
present evidence in favor of their position(s).
e)
All
other Witnesses may then present their evidence.
f)
At
the conclusion of all evidence, the Board may, but is not required to, allow
summation by the parties.
g) The Board may, at its
discretion, request additional facts and information from Parties before
arriving at a determination of the case.
Once all evidence is received, the Board shall close the hearing.
h) The Board shall discuss
the evidence presented in public.
i)
The
Board shall determine any findings of fact and determine any conclusions of law
by a majority vote. The Board may
delegate to staff the drafting of proposed findings and conclusions, subject to
vote by the Board.
j)
The
Board’s final decision shall be made in writing, and provided to all Parties
who have indicated to the Clerk to the Board their desire to receive a copy of
the decision.
Rule 5: Evidence
Neither the Board, nor
the Petitioner, nor the Opponents, nor Other Interested Parties, shall be bound
by the Rules of Evidence.
Chairman Moyer made the motion that the Board adopt the
proposed rules of procedure for vested rights hearings. All voted in favor and the motion
carried.
Set New Hearing Date for Continuance of Vested Rights Public
Hearing “The Glen and
Commissioner McGrady made the motion for the Board to go
into public hearing. All voted in favor
and the motion carried.
Chairman Moyer requested
that Clerk to the Board Elizabeth Corn inform the Board of Commissioners of dates
available for all interested parties.
Elizabeth Corn explained
that in order to accommodate the Petitioners, Board of Commissioners,
Attorneys, and Planning Staff the dates available were May 3, May 15, May 22,
or May 24.
Chairman Moyer stated
that the Board had tried hard to schedule the meeting in April, but with
Attorney schedules and site availability this was the only date that could be
slotted.
Commissioner Williams
suggested using
Commissioner Williams made the motion to hold the public
hearing at
Attorney Angela Beeker
stated, for the record, she objected to the date being set so far out and that
it would be likely that the Land Development Code would be passed before that
date.
Commissioner McGrady made the motion to recess the public
hearing on vested rights until May 22, 2007 at 6:00 P.M.
Commissioner Williams stated
that in regards to Mr. Beeker’s objection to the date, he understood that the
hearing to be held on May 22 would be under the current rules, not the rules
adopted with the new Land Development Code.
Chairman Moyer agreed
with Commissioner Williams and requested a vote to the motion on the floor to
recess. All voted in favor and the motion carried.
CAUSE Unit Upfit Approval
The Cooper Construction (construction) quote
came in at $289,982 and the quote from Ron Pressley (cabling) came in at $8,950
with the construction total of $298,932.
Because this project falls under the $300,000 threshold as established
in G.S. 143-129, formal bidding is not required. Project expenses, such as FF&E, signage
and security for this project are estimated to cost $84,000 based on staff’s
preliminary estimates. These project
expenses are not required to be included in the construction bid and formal
bidding for these expenses is not required.
Commissioner Young made the motion for the Board of
Commissioners to award the construction bid for the CAUSE Unit upfit to Cooper
Construction for $289,982, the cabling bid to Ron Pressley for $8,950 and
project expenses not to exceed $84,000.
All voted in favor and the motion carried.
STAFF REPORTS
Russell Burrell
distributed an Addendum to an Interlocal Agreement which will be an attachment
to this set of minutes. The addendum to
the sales tax agreement made between the County and the Municipalities whereby,
in return for the County not switching from the per-capita method of the
division of sales tax in Henderson County to the Ad Valorem method of division
of sales tax, each of the municipalities pays to the County one half of the
benefit they receive.
Chairman Moyer stated
that a number of calls had come in from the public encouraging the Board to try
to get more information out about the process in revenues and he was referring
them to the meeting on Thursday, April 5.
The Board would not be setting the tax rate on Thursday, April 5 under
any circumstances. The Board will be
discussing the revenue side and possibly looking at a revenue neutral rate.
IMPORTANT DATES
Set Public Hearing on Rezoning Application #R-2007-03
Set Public Hearing on Rezoning Application #R-2007-01
Set Public Hearing on Rezoning Application #R-2007-02
Planning Director
Commissioner McGrady made the motion that the Board schedule
public hearings for rezoning application #R-2007-01 and rezoning application
#R-2007-02 for Monday, May 7, 1007 at 7:00 P.M.
All voted in favor and the motion carried.
Commissioner McGrady made the motion that the Board schedule
a public hearing for rezoning application #R-2007-03 for Wednesday, May 16,
2007 at 11:00 A.M. All voted in favor
and the motion carried.
CONTINUANCE OF DISCUSSION ITEMS
Bryan Freeborn, Chairman
of the Asheville Regional Airport Authority and member of Asheville City
Council came to the podium. Mr. Freeborn
discussed the idea of an Independent Airport Authority which was originally
generated by the Mayor of Asheville. The
Airport Authority had been looking at the feasibility of this option. They are in the process of putting together
examples of how that governing body would take place and also looking at types
of consideration that might be given to the original parties,
Airport Director Dave
Edwards gave a historical perspective stating that the Airport Authority was
originally created in 1958 by the City of
The deadline, indicated
by Representative Goforth, in order to move this bill through committee and get
something moving is May 1, 2007. The
current agreement that created the airport authority and the joint agency
legislation expires in 2018 and at that point in time it will be the City of
Asheville’s decision to decide if they want to extend that agreement for the
joint agency authority or move in a different direction which could include
that the City would take the airport authority back as a city department.
Commissioner McGrady made the motion that the Board
authorize the Chairman to put together appropriate delegation to work with the
City of
Chairman Moyer stated
that he had a discussion with the Mayor regarding the water situation and they
each feel that both issues could hopefully be resolved at the same time.
CANE CREEK WATER & SEWER DISTRICT – no
business
CLOSED SESSION
Chairman Moyer made the motion for the Board to go into
closed session as allowed pursuant to NCGS 143-318.11 for the following
reasons: All voted in favor and the
motion carried. Staff was dismissed.
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.
Commissioner McGrady made the motion for the Board to go out
of closed session. All voted in favor
and the motion carried.
PUBLIC HEARING – Etowah Library Financing
Chairman Moyer called
the meeting back to order.
Commissioner Messer made the motion for the Board to go into
public hearing. All voted in favor and
the motion carried.
The public hearing was
opened so that anyone who wished to be heard on the proposed project and the
installment financing documents to finance the construction of the new Etowah
Branch Library. The Finance Director
presented an affidavit of an officer of the Times-News showing publication on
March 16, 2007 of a Notice of Public Hearing to be attached to this extract as
Exhibit A.
The Finance Director presented
drafts of an Installment Financing Agreement and Deed of Trust to finance the
construction of the new Etowah Branch Library at an estimated cost of
$1,750,000. The Finance Director stated
that the financing documents have been available in the County Finance
Department. The Finance Director also
stated that the Local Government Commission would be considering the County’s
application for this financing at its May 1st meeting.
The Chairman inquired
whether there were any persons who wished to speak at the public hearing. No person appeared, either in person, by
attorney, or by means of written statement, to give public comment.
Thereupon, Chairman
Moyer asked for a motion to go out of public hearing.
Commissioner McGrady made the motion to go out of public
hearing. All voted in favor and the motion carried.
ADJOURN
Commissioner McGrady made the motion to adjourn. All voted in favor and the motion carried.
Attest:
_________________________________ __________________________________
Terry Wilson, Deputy
Clerk to the Board William L. Moyer, Chairman