MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 9:00 a.m. in
the Commissioners' Conference Room of the
Those present were: Chairman Bill Moyer, Vice-Chairman
Also present were: Deputy
Clerk Terry Wilson, Finance Director J.
Absent was: Assistant County Manager Selena Coffey.
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance. He announced that this meeting would not be
taped for Channel 11 because the recording equipment was broken. We have not been able to get it fixed yet but
the meeting will be held. This would be
our last official
PLEDGE OF ALLEGIANCE
Brianna Gover with Run
Abouts 4-H Club led the Pledge of Allegiance to the American Flag.
INVOCATION
County Manager
INFORMAL PUBLIC COMMENTS
1.
Mike
Reed – Mr. Reed was present on behalf of residents of
2.
Tom
Christ - Mr. Christ was with the Western North Carolina Manufacturers Housing
Association. He urged the Board to
follow some of the guidelines that they put forth in the past; resending the
4/12 restriction especially on singlewides and doublewides where HUD houses are
presently legal. They would also like
the Board to take a look at some of the other issues that are still on the
table as far as allowing HUD houses with certain restrictions and architectural
guidelines to be allowed in R1 and R2. For those already living in manufactured
housing they urged that the Board not have any other restrictions to houses
that are already placed and being occupied in
3.
Joe
Belcher – Mr. Belcher is with CMH Homes, Inc., the largest provider of
manufactured housing in the county.
Burcher Hatheway Company, owned by Mr. Warren Buffet, purchased their
company 5 years ago because of his interest in their industry and what they
provide to this country, affordable housing.
They have the opportunity to provide affordable housing to
4.
Anna
Melendez – Ms. Melendez works at the Department of Social Services. Her daughter Tiana attends Hillandale
Elementary. She moved to
5.
Diane
Dotson – Ms. Dotson is a third grade teacher.
She stated that
6.
John
Humphrey – Mr. Humphrey lives on
7.
Fielding
Lucas – Mr. Lucas spoke in regards to the Pardee Hospital Board. He stated that in a few months the Board of
Commissioners would be looking at the current members of the Board and making
decisions of who would be serving for the next three years. Fulfilling those responsibilities effectively
requires a thorough knowledge of how an institution works and a sincere
commitment to the institution’s mission.
He recommended that the Board throw out the current file of Board
applications and start all over again.
He further recommended establishing a sub-committee of the Board of
Commissioners and one member of the Hospital Board to put together a set of
qualifications of the job.
8.
Jeff
McCrain – Mr. McCrain spoke in regards to water service being provided to
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer stated
that there were several people in attendance in regard to the Water Line
Extension for Cobblestone. He requested
that Jack Tate, council for
Water Line Extension –
Attorney Jack Tate
stated a lot of people were present regarding
Chairman Moyer responded
that he felt the Board should allow Mr. Tate more time to look at this and felt
until the Board could see what they had come up with or work out as a possible
solution he would rather hold off people comments until they see the
proposals. He suggested delaying comment
until after the final proposal was made.
This item would be back on the agenda as soon as notification is
received from Mr. Eli or his attorney and all information received prior would
be kept.
Proposed Commercial Map Amendment #4
Chairman Moyer stated
that under Commercial Map Amendment #4, there had been comment during public
input. He requested attorney Sam Neill
come to the podium and speak. Mr. Neill
was not present. Chairman Moyer said that
Attorney Sam Neill on behalf of the people involved had contacted him (Chairman
Moyer) today and said that they were trying to work out a solution with respect
to how large this would be, which properties would be included. They were unable to get this completed for
today’s meeting. Mr. Neill had asked
also that the Board not take any comment or action on this item until they came
up with a proposal. At the time they
come up with a proposal there will be an opportunity for public comment. Chairman Moyer requested that Commercial Map
Amendment #4 be deferred to another meeting.
He further stated that
in respect to the agenda he added under closed session, a personnel matter to
deal with and would add appropriate wording at that time.
Commissioner Williams made a motion that the Board of
Commissioners approves the agenda as modified.
All voted in favor and the motion carried.
CONSENT AGENDA
Commissioner McGrady made the motion to adopt the consent
agenda. All voted in favor and the
motion carried.
Minutes
Draft minutes were
presented for Board review and consent approval of the following meetings:
February 4, 2008 Regularly Scheduled Meeting
February 20, 2008 Regularly Scheduled Meeting
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, provided the Tax Collector’s Report for information only dated April
1, 2008.
Financial Report/Cash Balance Report – February 2008
The Financial Report and
Cash Balance Report for February 2008 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 YTD deficit in the
Emergency 911 Communications Fund is due to the purchase of new recording
equipment ($45k) for the 911 Communications Center and the delay from the
legislative change effective January 1, 2008 in the State collecting and
distributing 911 surcharge back to the County.
The YTD deficit in the Lewis
Creek Restoration Project fund is due to the timing difference between the
expenditure of Federal and State grant funds and the subsequent requisition and
reimbursement of these expenditures.
The YTD deficit in the
Suggested Motion: I move that the
Board of Commissioners approve the February 2008
Henderson County Public Schools Financial Reports – February
2008
The Public Schools
Financial Reports for February 2008 were presented for the Board’s information
and consent approval.
Suggested Motion: I
move that the Board of Commissioners approve the February 2008 Henderson County
Public Schools Financial Reports as presented.
The EMS Accounts
Receivable Report for the period ending March 31, 2008 was presented for the
Board’s information and consent approval.
Suggested Motion: I
move that the Board of Commissioners approve the
Surplus Property
A resolution (Exhibit A)
was presented for the Board’s review and consideration declaring the list
(Exhibit B) of vehicles and equipment no longer used by the County as surplus
property. The resolution also authorizes
staff to advertise for sale and dispose of this surplus property by electronic
public auction at www.govdeals.com after
the required advertisement of the sale.
A copy of Exhibit A and Exhibit B are attached hereto and incorporated
as a part of the minutes.
Suggested Motion: I
move that the Board approve the attached resolution declaring the list of
property presented as surplus and authorizes Staff to sell the surplus property
via electronic public action using GovDeals auction services.
Tax Refunds
A list of nine (9)
refund requests was presented for approval by the Board of Commissioners.
Tax Releases
A list of thirty-two
(32) release requests was presented for approval by the Board of Commissioners.
Sewer Line Extension (Offsite) – Hillandale Elementary/Flat
Rock
The City of
On March 19, 2008 the Board
of Commissioners approved an onsite sewer line extension for Hillandale
Elementary. This application is for an
offsite sewer line extension; a City of
Suggested Motion: I
move the Board approve the Hillandale Elementary and
Text & Map Amendments to the Henderson County 2020
Comprehensive Plan (CCP) & Chapter 200A, Land Development Code (LDC)
(Recommendations with Staff, Technical Review Committee, and Planning Board
Support and no public opposition)
On Thursday, March 27,
2008, the Board of Commissioners held a public hearing on proposed text and map
amendments to the Henderson County 2020 Comprehensive Plan (CCP) and Chapter
200A, Land Development Code (LDC). As
per the Board’s request, the proposed amendments that had no disagreement
between the recommendations of the Technical Review Committee, Planning Board
and Staff, and no opposition from the public were provided. These proposed amendments are ready for the
Board to take action on.
Suggested Motion: I
move that the Board find that the proposed amendments are consistent with the
recommendations of the County Comprehensive Plan and, I further move that the
Board approve the attached proposed text and map amendments to the Henderson
County 2020 Comprehensive Plan and Chapter 200A, Land Development Code and
Official Zoning Map.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear on the next agenda for
nominations:
1.
CJPP
Task Force (Criminal Justice Partnership Program) – 1 vac.
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
There were no nominations at this time so this
item was rolled to the next meeting.
Commissioner Messer
nominated Keith Honeycutt for position #12.
Chairman Moyer made the motion
that the Board accept Keith Honeycutt to position #12 by acclamation. All voted in favor and the motion
carried.
Chairman Moyer nominated
Cheryl Modlin for position #9. Chairman Moyer made the motion that the
Board accept Cheryl Modlin to position #9 by acclamation. All voted in favor and the motion carried.
Commissioner Williams
asked if the Planning Board Liaison position would be a voting position. Commissioner McGrady stated that with the
Etowah Horse Shoe Communities Planning Committee the Planning Board Liaison was
not only a voting member but the Chair of the committee. Commissioner Williams nominated Gary Griffin
for position #1 and for Chair, Stacy Rhodes for position #2, June Barnwell for
position #3, Harvey Nix for position #4, Fred Pittillo for position #5, Leca
Harris for position #6, Jeff Nix for position #7, Elizabeth Enloe for position
#8, and Kay Dalton for position #9. Chairman Moyer made the motion that the
Board accept all nine (9) positions and the appointment of Chair by
acclamation. All voted in favor and the
motion carried.
Commissioner Williams
nominated Katrina Newtson for position #10, City of Hendersonville
Representative, a non-voting member. Chairman Moyer made the motion that the
Board accept Katrina Newtson to position #10.
All voted in favor and the motion carried.
Chairman Moyer stated
that the following positions were willing to be reappointed: Position #1 Crit Harley, #2 Evelyn Russell,
#3 Terry Layne, #4 Greg Gore, #5 Dr. Thomas H. Lacy, #6 Dr. DeWayne Butcher, #7
Judy Lathrop, #8 Rocky Hyder, #9 Myra Lisa Epley, #10 Rick Livingston, #12 Mike
Crosby, #15 Gayle Sams, and #17 Jay Alley.
Chairman Moyer made the motion
that the Board accept the nominations by acclamation. All voted in favor and the motion
carried. Commissioner McGrady
nominated Karen Owensby for position #16 as the Parkridge Designee. Chairman
Moyer made the motion that the Board accept Karen Owensby to position #16. All voted in favor and the motion carried.
There were no
nominations at this time so this item was rolled to the next meeting.
Commissioner Messer
nominated Stacy Rhodes for position #5 and Tedd Pearce for position #6. Commissioner Young nominated Suprina Stepp
for position #8. Commissioner McGrady
nominated Collette Summitt for position #8.
Chairman Moyer made the motion
that the Board accept Stacy Rhodes to position #5 and Tedd Pearce to position
#6 by acclamation. All voted in favor
and the motion carried. Chairman
Moyer rolled position #8 to the next meeting and the Board would be polled at
that time.
There were no
nominations at this time so this item was rolled to the next meeting.
There were no nominations at this time so this
item was rolled to the next meeting.
Chairman Moyer stated
that the Chair of the committee recommended Mark Haines for position #11 he
further nominated Mr. Haines for position #11.
Chairman Moyer made the motion
that the Baord accept Mark Haines to position #11 by acclamation. All voted in favor and the motion carried.
There were no
nominations at this time so this item was rolled to the next meeting.
Commissioner McGrady nominated
Madeline Royes for position # 2 by reappointment. Chairman
Moyer made to motion that the Board accept Madeline Royes to position #2 by acclamation. All voted in favor and the motion
carried.
A joint Proclamation by
the Henderson County Board of Commissioners and City Councils of
Hendersonville, Laurel Park, Fletcher, and
Chairman Moyer noted
that the rededication of the Historic Courthouse would be held on April 11, 12
& 13. It will begin at 2:00 pm on
Friday with a ribbon cutting, a time capsule and music by East Henderson High
School Band. He recommended that
everyone bring a chair and an umbrella. Elizabeth Dole was to be a speaker but due to
the recent death of her brother she was not sure if she could attend. On Sunday a Veteran’s Honor Walk will be held
with a rededication of the monuments and several churches will be providing the
music.
Chairman Moyer made the motion that the Board adopt the
Proclamation jointly proclaiming the
MAINTENANCE OF EFFORT (MOE) FUNDING REQUEST
Timely access to and use
of mental health services for abused and neglected children removed from the
home, or at high risk of removal, is difficult to achieve. The number of children removed from the home
has increased.
The Board of
Commissioners is obligated through the States program of mental health reform
to spend the same level of funding before and after reform. The County budgets $529,224 per year. The remaining funds available for allocation
are $140,944. These are restricted funds that cannot be
spent for debt service on a facility or to hire a sheriff’s deputy unless
perhaps it was to do with a mental health issue. There have been discussion with other folks
based on amounts that were not funded in previous applications that total about
$49,304.
MAINTENANCE OF EFFORT
FUNDS
FUNDING SUMMARY
Funds available for
allocation in FY08 = $529,224
|
Agency |
Original Request |
Amt. Appropriated on 11/5/07 |
Difference |
|
Appalachian Counseling |
$175,000 |
$90,000 |
$85,000 |
|
Community Health
Network |
$50,000 |
$50,000 |
$0 |
|
Henderson County
Health Department |
$43,280 |
$43,280 |
$0 |
|
Mainstay Inc. |
$25,000 |
$25,000 |
$0 |
|
Parkway Behavioral
Health |
$40,000 |
$20,000 |
$20,000 |
|
|
$175,000 |
$90,000 |
$85,000 |
|
The Free Clinics |
$45,000 |
$45,000 |
$0 |
|
Pharmaceutical fund (agency to be
determined) |
$25,000 |
$25,000 |
$0 |
|
Total |
$578,280 |
$388,280 |
$190,000 |
Additional FY08 funding
requests to date:
Families Together Inc. $70,000
Henderson County Health
Department $21,640
Remaining funding
allocation possibilities:
Appalachian Counseling $20,000
Parkway Behavioral
Health $ 9,304
Chairman Moyer stated one
condition taken into consideration is a detoxification unit at the hospital and
another condition was counseling positions in the schools.
County Manager
Director for Department
of Social Services Liston Smith and Dan Zorn, Chief Officer and owner of
Families Together, a private agency spoke in regards to the request. Mr. Smith stated they were asking for seed
money. The collaborative of 2 staffs
will be working together. There will be
an outpost of folk, a person with our social worker at DSS from Families
Together both sharing a mission to serve a priority target group of high risk
abused and neglected children for use of both state mental health funds and
county and state funds. Mr. Smith feels
that within the next eighteen months they will be able to replace 80–100% of
the funds with other funds.
Two programs will be
funded over a 6 month period; a Crisis Intervention Intake Assessment person
would be on site at DSS and the Intensive in Home Program. They are looking at timely access and quality
services to children who are either at imamate risk of being removed from their
home or needs to be returned home if they can be returned home safely. As
outcome they would like to see 100% of referrals being accepted by the mental
health provider which has been unheard of in
After lengthy discussion
Commissioner McGrady made the motion that
the Board of Commissioners approve the MOE funding in the amount of $70,000 for
the collaborative between Families Together Inc. and the Henderson County
Department of Social Services to serve abused and neglected children as
outlined. The vote passed 4-1 with
Chairman Moyer voting nay.
PARTNERSHIP FOR ECONOMIC DEVELOPMENT
PRESENTATION
Chairman Moyer noted
that this item was pulled and will be rescheduled to the April 16, 2008
meeting.
MAP AMENDMENTS TO CHAPTER 200A, LAND DEVELOPMENT
CODE (LDC) OFFICIAL ZONING MAP AND HENDERSON COUNTY 2020 COMPREHENSIVE PLAN
(CCP) WITH PUBLIC OPPOSITION
Planning Director
Anthony Starr stated that most of the amendments were approved with the consent
agenda. On Thursday, March 27, 2008, the
Board of Commissioners held a public hearing on proposed text and map
amendments to the Henderson County 2020 Comprehensive Plan (CCP) and Chapter
200A, Land Development Code (LDC) and Official Zoning Map. As per the Boards request, the proposed map
amendments that the Board received public comment in opposition were
provided. The Future Land Use Map is
included because some of the zoning map decisions may affect the designations
on the Future Land Use Map. The last two
maps with the Comprehensive Plan and Growth Management strategies and the Future
Land Use Map did not have opposition or discussion between Staff, Planning
Board or from the public but the Board’s decisions on the rezoning have
possible impact on those two maps. They
were not included in the consent so that whatever decision was made they could
be adjusted accordingly.
Residential Map
Amendment #2
This is the Vogel
property in Hidden Hills area and is currently zoned R3 and is bordered by R2
on the north, west and south. The Board
had requested information about the slope and the Planning Board does not
support Staff’s position, providing a favorable recommendation to rezone the
Subject Area from R3 to R2 due to the steep slope with a 7 to 0 vote. This parcel is on the border between the two
districts and it is a judgment call as to how the Board wishes to handle it, one
could make a case for either district.
There is no water and sewer for this site.
Commissioner Messer made the motion that the Board support
the request from R3 to R2 as requested.
All voted in favor and the motion carried.
Commercial Map Amendment
#1
This is Highway 64 East
just past
Commissioner McGrady made the motion that the Board support
the Planning Board’s recommendation to rezone this area from R2MH to LC (Local
Commercial). All voted in favor and the
motion carried.
Commercial Map Amendment
#4
This item was pulled
from the agenda.
Commercial Map Amendment
#5
This is a request from
current district of R2MH (Residential 2 Manufactured Housing) to LC (Local
Commercial) from Mr. Flaughn Lamb. This
is the Orchard Trace Golf Course property.
Staff did not support this request because there was no current node
designated by our Comprehensive Plan for this area to be commercial. The fact that the current golf course is
allowed in the current zoning district and if it is changed we would designate
a community service center at this location causing possible opportunity for
other commercial zoning requests in the immediate vicinity. There was opposition at the hearing. Although the Subject Area may be suitable for
commercial development, Staff recommends further study be undertaken with a
separate public hearing and notification to adjacent property owners before
amending the official zoning map. Proper
notification was given to adjoining property owners.
Commissioner McGrady made the motion that the Board support
the Planning Board’s decision to rezone the subject property from R2MH to LC
(Local Commercial). The vote passed 4-1
with Commissioner McGrady voting nay.
Comprehensive Plan –
Growth Management Strategy
Planning Director
Anthony Starr stated that the Board asked staff to look at some potential
expansion areas when we adopted the LDC so this has been done. The proposed changes as well as the Future
Land Use map were provided to the Board.
Some additional commercial nodes were added to reflect the zoning that
was adopted in September of 2007 as well as the ones the Board is considering
now. If the Board plans to wait until
Commercial Map Amendment #4 to make that decision it might be best to hold
these two maps off until that time as well.
There were three new issues that were brought up at the public hearing
and one was the rezoning of four (4) properties along US Highway 25 North from
CC (Community Commercial) to (RC) Regional Commercial. These parcels were originally open use and
they were zoned to neighborhood commercial and highway commercial in 2005 and
converted over to community commercial with the LDC adoption.
This item would be
addressed at a later meeting.
There was nothing
further at this time.
The
PUBLIC HEARING – PERMANENT CLOSURE OF EASEMENTS
(
Commissioner McGrady made the motion that the Board go into
public hearing with respect to closing of an easement on the
Property Addressing
Coordinator
Public Comment
There was none.
Commissioner Williams made the motion that the Board approve
closure of the easements and certify Orders of Closures. All voted in favor and the motion carried.
Commissioner McGrady made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
IMPORTANT DATES
Chairman Moyer made the motion that the regular
Commissioners meeting at 9:00 am and the public hearing on new road names at
11:00 am on April 16 and the meeting with the NCDOT on April 24 at 10:00 am would
be held in the refurbished courtroom at the Historic Courthouse. All voted in favor and the motion carried.
Commissioner McGrady
will be in
The Etowah Library
opening has been rescheduled from April 25 to April 30 at 11:00 am. Chairman
Moyer made the motion that the Board set a special meeting of the Board in
connection with the Etowah Library Dedication at the site of the new Etowah
Library on April 30 at 11:00 am. All
voted in favor and the motion carried.
CANE CREEK WATER & SEWER DISTRICT - none
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
reasons:
1.
(a)(3) to consult with
an attorney employed or retained by the public body in order to consider and
give instructions to the attorney with respect to the following claim: In re the Appeal of Blue Ridge Mall, LLC
2.
(a)(4) to discuss
matters relating to the location or expansion of industries or other business 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 at 10:34 am. All voted in favor and the motion carried.
Attest:
______________________________________ ________________________
Teresa L. Wilson, Deputy Clerk to the Board William L. Moyer, Chairman