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 Historic Courthouse.
Those present were: Chairman Bill Moyer, Vice-Chairman
Also present were: Deputy
Clerk Terry Wilson, Finance Director J.
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance. He stated that this was the first meeting in
the new meeting room, the refurbished old courtroom.
PLEDGE OF ALLEGIANCE
Commissioner
INVOCATION
Commissioner Mark
Williams gave the invocation.
INFORMAL PUBLIC COMMENTS
1.
George
Jones – Dr. Jones congratulated the Commissioners on Planning and Zoning. He requested that the bottom land not be filled
in. He also stated that farm land and
orchard land should be cared for and protected.
He also congratulated that Board on the new Human Services building on
2.
Eva
Ritchey - Ms. Ritchey stated that on
April 4 an advertisement was published in the Times-News informing the
community that WHKP would be airing Rush Limbaugh, political commentator, on
Saturday between 1:00 – 3:00. She felt
that this should not be allowed to air on the Government Channel. On the issue of
3.
Heather
Stepp – Ms. Stepp is a former teacher with
4.
Tracy
Cavagnaro – Ms. Cavagnaro is a parent of a child in the
5.
Sandi
Carper – Ms. Carper is a parent specialist at the Children and
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested
that discussion item E (Inmate Work Crew Program) be moved to the beginning as
Sheriff Davis had another commitment and had to leave. He also added Commercial Amendment #4 as
discussion item F and two additional Closed Sessions at the end for personnel
matters and attorney/client privilege.
Commissioner Messer made a motion that the Board of
Commissioners approves the agenda as modified.
All voted in favor and the motion carried.
CONSENT AGENDA
Chairman Moyer requested
that the Election of local option sales tax distribution method be moved to
discussion item G.
Commissioner McGrady made the motion to adopt the consent
agenda items A through D as modified.
All voted in favor and the motion carried.
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, provided the Tax Collector’s Report for information only dated April
4, 2008.
Water Line Extension – Edneyville Post Offices
The City of
Suggested Motion: I
move the Board approves the Edneyville Post Office water line extension and
direct Staff to convey the County’s comments to the City of
Criminal Justice Partnership Program Resolution
The Criminal Justice
Partnership Program (CJPP) Division 4 Community Development Specialist, Marie
Bartlett, has requested time on the agenda to present a Resolution to the Board
which requests full reinstatement of funding for CJPP in the State’s
continuation budget.
Suggested Motion: I
move the Board adopt the proposed resolution requesting full reinstatement of
funding for CJPP in the State’s continuation budget.
Adoption of
N.C. Gen. Stat.
§153-A-40 allows this Board, by resolution, to adopt its place of regular
meeting. This resolution adopts
Suggested Motion: I
move that the Board adopt the proposed resolution. I further move that a copy of this resolution
be placed on the Henderson County Courthouse bulletin board, and be published to
the normal notice list of media and other recipients.
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.
2.
3.
Juvenile
Crime Prevention Council – 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.
Chairman Moyer stated
that Public Defender position #5 was open and the CJPP Committee had
recommended the appointment of Lauren Jean Shen to that position and he so
moved. There were no other
nominations. Chairman Moyer made the motion that the Board accepts Lauren Jean Shen
to position #5 by acclamation. All voted
in favor and the motion carried
Chairman Moyer stated that
position #11 Lisha Corn and position #18 Jim Morris were both currently serving
and willing to be reappointed.
Commissioner McGrady nominated both positions for reappointment. Chairman
Moyer made the motion that the Board accept Lisha Corn to position #11 and Jim
Morris to position #18 by acclamation. All
voted in favor and the motion carried.
Chairman Moyer stated
that he had spoken with the Tax Assesor Stan Duncan and that two (2)
alternates, Vollie Good and Ted Carland had been filling in really well and
suggested that these two be pulled up to full positions 1 & 4 and also
nominated Marguerite Harris for position #8.
Chairman Moyer nominated the three
positions 1, 4 & 8 respectfully. All
voted in favor and the motion carried.
Chairman Moyer stated
that there had been two nominations for position #8 at the last meeting. Commissioner McGrady nominated Colette
Summitt and Commissioner Young nominated Suprina Stepp. There were no other nominations. The Board was polled with the following
results:
|
1. Chuck McGrady |
2. Mark Williams |
3. Bill Moyer |
4. |
5. |
|
Summitt |
Stepp |
Stepp |
Stepp |
Stepp |
Colette Sumitt was
appointed to position #8 with the majority of votes.
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.
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.
INMATE WORK CREW PROGRAM
Chairman Moyer noted
that Litter Sweep Week is April 19 – May 3rd and he asked all community
groups and all the people who participate to get involved and do their part to
try to help clean up our roads. We need
to work on programs to try to get people to be more considerate about not
throwing stuff out the windows or letting it blow out of the back of their
vehicles.
Sheriff Rick Davis
stated that they had received more calls lately regarding litter in the
communities. For many months the
Sheriff’s office has been actively working on a plan for an inmate work crew. They have had to do some major revamping of
their policies and have been in contact with other agencies which are using
this program. One of the growing trends
across that State of
County Manager
Commissioner Young asked
Commissioner McGrady and County Manager
Sheriff Davis stated
that the prisoners used would be at an even lower risk than even at the
state. They would be at an exceedingly
low risk. If somebody were to escape
from custody he could assure the public that it would be very minor
offenses. They will be thoroughly screened.
Commissioner Messer made the motion that the Board support
the Sheriff’s efforts to implement an inmate work crew program and further
moved that staff be authorized to expend up to $10,000 from the Solid Waste –
Recycling Fund to support the program.
All voted in favor and the motion carried.
PARTNERSHIP FOR ECONOMIC DEVELOPMENT
PRESENTATION
The Executive Director
of the Henderson County Partnership for Economic Development, Andrew Tate, had
requested time on the agenda to present an update on ongoing economic
development projects and activities. Mr.
Tate provided a brief overview through a power-point presentation. The mission of their organization is that the
partnership is the professional economic entity for
They do take retention
very seriously. Their Board Chair Sandy
Tallent started the program on the first day of her term, an industrial
retention and expansion program which launched in the past year. The organization decided to go above and
beyond the commitment that it made for industrial visitations in the county
funding requirements and would increase that to a minimum of thirty-six (36)
visitations per year; these are customized assessment visitations. They will talk to an industry executive prior
to the visitation to determine what their needs and concerns are. They will customize the team of folks that
will go in and sit down and visit with them; whether its labor related or
utility related service. This does allow
us to maintain aggregate data to present to the Board of Commissioners from
time to time; a broad assessment of industry and manufacturing in the
county.
This will also allow
them too identify common concerns and specific concerns and move forward in
trouble shooting all of those. Mr. Tate
feels this is significant in where the resources and efforts are placed. Since the beginning of the organization,
ninety percent total new industrial development has come from existing industry
and eighty percent of all new and retained jobs come from those existing
industry.
An industrial executive
survey was done with anonymous feed back on issues, concerns and challenges to
manufacturing. Approximately thirty
industrial executives were there on February 6 including Chairman Moyer and
Commissioner Williams. Topics of concern
were primarily labor related; both availability of labor and the skill sets of
those labor. Other issues were
healthcare and cost of living and services.
PARDEE ANNUAL REPORT
Bill Smith of the
Hospital Board stated that
Alan House and Kris
Hose, from
Henderson County
Hospital Corporation Organizational Goals:
Pardee Operated Outreach
Programs:
Alan House shared the
budget with the Board of Commissioners. He
stated that through February, the last publicly released data that was shared
they are one half of a million dollars better than budget on their bottom
line. The month of March has not been
released and they are in the process of closing it now. March was a very strong month and they will
continue to be better than budget.
HENDERSON COUNTY HOSPITAL CORPORATION FLOATING
RATE BOND REFINANCING
On 20 September 2001,
Henderson County issued, on behalf of Henderson County Hospital Corporation,
floating rate revenue bonds (bonds with floating interest rates paid solely
from the revenues of the Corporation), in a face amount of $15,300,000.00
(“$15,300,000 County of Henderson, North Carolina), Hospital Revenue Bonds
(Margaret R. Pardee Memorial Hospital Project) Series 2001”). These bonds have approximately 14 years until
maturity.
The Corporation has
contacted County staff regarding obtaining a refinancing of this debt, in order
to secure a fixed interest rate in today’s lower interest rate
environment. A request for proposals
soliciting bids from financial institutions was prepared by the Corporation
(after input from a financing consultant, the bond trustee’s counsel, and
County staff). Proposals are due prior
to this (the 16 April) meeting, but after the date by which this Request for
Board Action is due. A report of the
proposals will be made at your 16 April meeting, together with any
recommendation(s).
It is anticipated that
if a proposal acceptable to the Board is obtained, this matter would be
reviewed by the North Carolina Local Government Commissioner at its June
meeting, with closing to occur shortly thereafter. Corporation staff and the Hospital Board of
Trustees Finance Committee Chair has indicated a desire to move swiftly with
this endeavor, to lock in an interest rate in what appears to be a favorable
environment.
The Chairman of the
Board stated that one of the purposes of the meeting was to approve certain
documents and other actions in connection with the issuance by the County of
its Hospital Revenue Refunding Bonds (the “Bonds”) in an aggregate principal
amount not exceeding $12,250,000 to be secured by the net revenues of the
hospital system for the purposes of refinancing the cost of (i) the
construction, renovation and expansion of a medical office building, an
emergency room facility and a parking garage, and (ii) the acquisition of
equipment for those and other improvements and additions to such hospital
facilities (collectively, the “Project”) through the refunding of the County’s
outstanding Variable Rate Revenue Bonds, Series 2001 (the Series 2001 Bonds”);
and (iii) paying certain expenses in connection with the authorization and
issuance of the Bonds.
The Chairman advised the
members of the Board that the first order of business was to consider and take action on a
resolution (i) directing the filing of an application with the Local Government
Commission for approval of the issuance of the Bonds, and (ii) the hiring of
various members of the financing team.
The amounts shown as an
estimated refunding amount (the amount to be borrowed on the new loan) would be
$12,250,000. This reflects the pay down
that has occurred since the original $15.3 million was borrowed. It includes some of the amount for the cost
(a slight over estimate) as the $12,250,000 is more than the actual amount that
is being borrowed by some amount. He was
not sure of the exact amount. He
estimated at least $10,000 to high and possibly as much as $30 - $40,000 to
high. It was the best estimate to give
and continue to be safe.
At the close of this
item he requested that one of the Board members make a motion specifically
reading the name of this resolution as shown in the extract that was
shared.
Alan House shared
information with the Board stating that it was very important to note that the
decision that the decision that the Hospital Board had made to pursue getting a
fixed rate loan by refinancing their existing variable rate bonds is based on
future concerns. RFPs (Request for
Proposal) were sent to six (6) banks in the area. Three replies were received back of which one
was non-conforming. Of the two banks
that replied a summary was presented to the Board of Commissioners from First
Citizens and BB&T including a comparison of the interest rates and the
total estimated interest, estimated closing costs, and any prepayment
fees.
Commissioner McGrady then introduced the following
resolution, which was read by title, and moved that it be adopted:
RESOLUTION OF THE BOARD
OF COMMISSIONERS OF THE
FILING OF AN APPLICATION
WITH THE LOCAL GOVERNMENT
COMMISSION FOR APPROVAL
OF THE ISSUANCE OF HOSPITAL
REVENUE REFUNDING BONDS
AND CERTAIN RELATED MATTERS
WHEREAS, the Board hereby determines that
the refunding of the Bonds must be undertaken by the County at an estimated
cost not to exceed $12,250,000, including the cost of refinancing the Project;
WHEREAS, the Board desires to authorize
the County Manager and the Finance Director of the County to apply to the North
Carolina Local Government Commission for its approval of the issuance of the
Bonds to refinance the Project and to take all other action necessary in
connection therewith;
WHEREAS, the Board desires to retain
Dewey & LeBoeuf LLP, as bond counsel, Branch Banking & Trust Co.
Governmental Finance as the “Purchaser”, Prince, Youngblood & Massagee as
counsel to the Henderson County Hospital Corporation (the “Corporation”), and
Efficient Capital Corp., as financial advisor.
NOW,
THEREFORE, BE IT RESOLVED by the Board as follows:
Section
1. That the County Manger and the
Finance Director of the County are hereby authorized, directed and designated
to file and application with the North Carolina Local Government Commission for
its approval of the issuance by the County of the Bonds.
Section
2. That the Board finds and
determines and asks that the Lcoal Government Commission find and determine
from the County’s application and supporting documentation:
(a)
That
the issuance of the Bonds is necessary and expedient;
(b) That the amount of Bonds will be
sufficient but is not excessive, when added to other monies available to the County and the Corporation,
for the refinancing of the Project and the Series 2001 Bonds;
(c) That the refinancing of the Project and
the Bonds are feasible;
(d)
That
the County’s debt management procedures and policies are good; and
(e)
That
the Bonds can be marketed at a reasonable interest cost to the County.
Section 3. The Board authorized and requests that the
Bonds be sold with a fixed interest rate at a private sale without
advertisement to the Bank, at a rate per annum not to exceed 4.09% and a
maturity not to exceed thirteen and one-half (13 ½) years from the date of
closing.
Section 4. That the Chairman and Vice Chairman of the
Board, the County Manager, the County Attorney, the Finance Director, and the
Clerk to the Board are hereby authorized to do any and all things necessary to
effectuate for the issuance of the Bonds.
Section 5. That Dewey & LeBoeuf LLP shall be
retained to serve as bond counsel, Branch Banking & Trust Co. Governmental
Finance shall be retained to serve as Purchaser of the Bonds, Prince,
Youngblood & Massagee as counsel to the Corporation, and Efficient Capital
Corp., as financial advisor.
Section 6. That the Board requests that the Local
Government Commission sell the Bonds through negotiation to Branch Banking
& Trust Co. Governmental Finance, or such terms as may be agreed.
Section 7. That this Resolution shall become effective
on the date of its adoption.
Commissioner
Williams seconded the motion and, after discussion, the Resolution was adopted
by a 5-0 vote.
Commissioners Williams made the motion that the Board approve
the proposal of BB&T for the fixed rate refinancing of the County’s
floating rate revenue bond indebtedness concerning the Henderson County
Hospital Corporation. All voted in
favor and the motion carried.
Adopted this the 16th day of
April, 2008
BY:_______________________________________________
William L. Moyer, Chairman
ATTESTED BY:
_______________________________ [SEAL]
Elizabeth W. Corn, Clerk to the Board
CONTRACT FOR
This Board previously on
5 November, 2007 voted to allow the Board of Trustees of Henderson County
Hospital Corporation to pursue the sale of the
The Trustees have
pursued a bid proves, resulting in a recommended bid offer, with proposed
contract. The Trustees meet 15 April
2008 to formally recommend a bid offer and contract to this Board, which will
be distributed to this Board on 16 April, for consideration. A first draft of this item was presented to
the Board of Commissioners on 11 April 2008.
The process, if this
Board preliminarily approves the offer and contract documents, would be to
require notice of the preliminary approval, and solicitation of upset
bids. If no upset bids were obtained, or
at the end of the upset bidding process, the matter would come back on before
the Board for final approval.
Preliminary approval of
the bid and contract documents was recommended by the Board of Trustees of
Henderson County Hospital Corporation.
Pardee Hospital Attorney
Sharon Alexander reviewed a couple of substantive changes. In the real property purchase agreement in
Section 5.5D additional language was added that requires the management company
(Hendersonville Health and Rehabilitation Company) to come to the closing with
a one million dollar ($1,000,000) letter of credit for the purpose of making
the one million dollar capital improvements that are required by this contract
within the first twenty-four (24) months of the contract. In the asset purchase agreement in Section 6E
additional language was added which creates an objective measurement for the
quality of care primarily in terms of nursing care hours per patient day.
SALIENT TERMS OF CONTRACT
Attorney Alexander gave
a summary of the salient terms of each contract. She stated that basically the contracts have
language in them that speak to the quality of care that creates the
measurements of that and some teeth.
They speak to continuing the key relationships the
PURCHASE PRICE
The purchase price is
allocated with seven million dollars ($7,000,000) being allocated to the asset
purchase agreement and one million four hundred fifty thousand ($1,450,000)
being allocated to the real estate, which in this case is a condominium
unit.
Chairman Moyer felt that
this process had gone on for quiet a while and the hospital has done a
tremendous job of putting the welfare of the organization and the people at the
forefront, as you will see in the agreement, which was very significant.
Commissioner McGrady
disclosed that he chaired the condominium association and did not feel that it
created a conflict of any sort.
Commissioner Williams
disclosed that he has a grandmother who is a patient at the facility.
It was the consensus of
the board that they did not believe that the items disclosed by Commissioners
McGrady or Williams create a conflict that would prevent them from voting on
this matter.
Commissioner Young made the motion that the Board accept the
contract with the Physicians and Associates for the
BREAK
A five minute break was
taken.
COMMERCIAL AMENDMENT #4
On Thursday, March 27,
2008, the Board of Commissioners held a public hearing on proposed text and map
amendments to Chapter 200A, Land Development Code (LDC) and Official Zoning
Map. On April 7, 2008, the Board tabled
Commercial Map Amendment 4 at the request of one of the property owners in the
Subject Area. Due to neighbors concerns
and opposition to the rezoning, the property owners of the Subject Area
submitted a revised boundary eliminating two of the parcels that encroached
into the adjoining subdivision. The
applicants requested that the Board reconsider Commercial Map Amendment 4 with
the proposed revised boundary.
Chairman
Moyer stated that a request had been made by Chris Lamb to modify this
Amendment to include the Snyder property.
Attorney
Sam Neill was present representing Bradley Snyder. Mr. Neill stated that he had not done a title
search on each of the parcels but that he had spoken with the adjoining
property owners and had no opposition.
Chairman
Moyer suggested that further discussions be held with Chris Lamb and explain
that this item could be delayed once again but would definitely take action at
the next meeting.
Attorney
Sam Neill stated that this would be agreeable with his client.
After
further discussion this item was tabled until the next board meeting.
ELECTION OF LOCAL OPTION SALES TAX DISTRIBUTION
METHOD
N.C. Gen. Stat. §105-472(b)
sets out two possible methods of distribution of local option sales taxes - “ad valorem” and “per capita”. This Board has previously indicated in its
meetings on this subject that it wishes to adopt the ad valorem method of
distribution of local option sales taxes.
Chairman Moyer stated
that the next item was pulled from the consent agenda. It is a resolution adopting the “ad valorem”
distribution method. This was done in
March but under the law it technically has to be done in April. Discussions had been held with various fire
chiefs and the Fire Chief Association and they are very concerned with respect
to this issue and asked to have the opportunity to speak to the Board with respect
to that.
Head of the Fire Chief’s
Association Jay Alley and Leroy Nicholson from the Fire and Rescue Advisory
Committee were called to the podium to speak to the issue.
Mr. Alley stated that
they had a meeting on April 8 and talked about the sales tax and how it would
affect their budget and finances. They
fire chiefs offered the following proposal:
“The standard method of
ad valorem sales tax distribution increased several concerns for the fire
service. The first is sales tax revenue
creates a volatile uncertainty in long term planning positions for the fire
department. Things like buying fire
trucks, construction contracts, and even staffing with this volatility could
create some problems. Fire trucks and
fire stations are very expensive and require us to finance purchases and
sometimes having such a volatile revenue source could cause us problems getting
that financing. In the first 5 to 7
years of this implementation of the ad valorem, we see there will be several
tax rate adjustments up and down which is going to cause confusion and concern
among our roles and the people that we have to serve. We also feel like many of our departments
have contracts with the cities or municipalities where the contract rate is
actually tied to the county tax rate. A
reduction in rate could create a significant loss of revenue for our fire
departments. The rate variation in the
first few years of implementation could cause some very serious problems for
the cities and the fire departments. For
us to have stability we feel for the provision of fire services the county fire
chiefs will have to propose an interlocal agreement with the
Leroy Nicholson stated
that the Fire and Rescue Advisory Committee totally supports the plan that has
been presented.
Chairman Moyer
reiterated the proposal stating that the County would enter an interlocal
agreement with each and every one of the fire departments which would provide
that they would continue assessing an ad valorem tax as they are doing
now. It would be approved by the Fire
and Rescue Advisory Board and the Commission.
Any sales tax revenue that would be approved to the fire department
would be returned to the County.
Commissioner McGrady made the motion that the Board adopt
the proposed resolution electing the ad valorem method of local option sales
tax distribution pursuant to N.C. Gen. Stat. §105-472(b), and that a certified
copy of said resolution to be delivered to the North Carolina Secretary of
Revenue, and further move that the Chairman and Staff be authorized to enter
into an interlocal agreement with the various fire departments as discussed and
put forth in proposal form to the Board in this meeting. After discussion the board voted unanimously in favor of the motion.
Chairman Moyer directed
staff to prepare a draft of an agreement.
He would then contact Jay Alley and Leroy Nicholson to take a look at
it.
PUBLIC HEARING – CONTINUATION OF THE APRIL 1ST
PUBLIC HEARING FOR THE CONSIDERATION OF A DEVELOPMENT AGREEMENT FOR THE SEVEN
FALLS GOLF AND RIVER CLUB
Commissioner McGrady made the motion that the Board go back
into public hearing with respect to the consideration of a development agreement
for the
The developers of Seven
Falls Golf and River Club (
The granting of a
development agreement allows a landowner to proceed with the development of a project
for a certain period of time under specific terms and conditions regardless of
whether there is a change in land use regulations. The developer is requesting to be vested for
a period of five years with an additional five years if the terms of the agreement
have been met. According to NCGS
153A-349.5 the County can enter into a development agreement after holding a
public hearing on the proposed agreement.
Seven Falls is located
on approximately 1,398 acres of land off
Notices of the April 1,
2008 public hearing were sent to Hendersonville Times-News to be published on
March 12, 2008 and March 19, 2008.
Chairman Moyer stated
that the Board was in the process and had dealt with everything except the
development agreement. Due to technical
difficulties it was continued. He
explained that each person that had signed up to speak would be allowed 3
minutes to speak.
Public Input
1.
Richard
Frudenberger – Mr. Frudenberger brought one item to attention in regards to the
agreement. Within the terms of the agreement,
specifically item eleven (Protected Ridge Ordinance on page 5) the developers
are requesting future protection from any county jurisdiction regarding
construction and development and elevation below 2400 feet; although it would
appear that no property within the Seven Falls master plan exceeds 2400
feet. If this agreement were to be
approved unchallenged the developers respectively deny the County the ability
to exercise regulations in a very sensitive area of slope development. The Mountain Ridge Protection Act of 1983,
which is stipulated in N.C.G.S. §113A clearly defines the risks and hazards
derivative to construction in high elevation including but not limited to water
supply, sewerage disposal, infringements on ground water rights on persons at
lower elevations and detractions from the natural beauty of the mountains. In 1998 the North Carolina Department of
Emergency Management classified twenty-one counties (including
2.
Marijane
Pell – Ms. Pell was against giving
3.
Bruce
Hatfield – Mr. Hatfield was against giving
4.
Angela
Fernandini – Ms. Fernandini was against giving
5.
Darlene
Brown – Ms. Brown lived in the area of
6.
Martha
Sachs – Ms. Sachs was in agreement with the previous speakers and against
giving
Chairman Moyer invited
Bill Lapsley to comment on the problems addressed.
Bill Lapsley addressed
the following:
Commissioner McGrady
stated the primary reason that is motivating the developer to seek this
agreement relates to the triples or quadplex issue. He asked Mr. Lapsley what parts of the
current or former code needed to be in place for this development to go
forward.
Mr. Lapsley deferred to
Jay DeVaney, Council for Seven Falls, Inc.
Mr. Jay DeVaney stated,
in addition to the items Mr. Lapsley had addressed, the developer does seek
stability of the project. This is an
extensive project that will take many years to work through all of the
phases. It helps the developer to know that
the rules today aren’t going to change tomorrow. It also helps the developer with any
financing for the project. There is a
State Statute that grants two (2) year vested rights without any offering of
incentives to the County that are in the development agreement.
Commissioner McGrady made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
BREAK
A short break was taken
to change video tapes.
CONTINUATION OF CONSIDERATION OF A DEVELOPMENT
AGREEMENT FOR THE SEVEN FALLS GOLF AND RIVER CLUB
Chairman Moyer called
the meeting back to order. He stated
that the Board was out of public hearing and open for discussion among the
Board members in regards to the development agreement for
Commissioner Young
addressed the burning issue and burning bans.
He had spoken with Fire Marshall Rocky Hyder and he said that burning
permit was issued by the State Forest Service and that the developer had began
burning a pile before the ban and the State Forest Service had allowed them to
finish burning that pile after the ban.
Planning Director
Anthony Starr highlighted proposed changes to the development agreement in
response to the questions received. At
the last meeting the Board had received changes in language by the
In regards to the
protected ridge ordinance, the paragraph attempted to put a specific number on
the elevation for which they would be subject to. The statute does not establish twenty-four
hundred feet it just establishes a distance from the ridge top to the adjacent
valley floor. In section 13 in the
middle of the paragraph it says “no vested rights are granted regarding any
environmental ordinances including but not limited to any storm water
ordinance, sedimentation and erosion ordinance, watershed protection ordinance,
or similar ordinances hereafter adopted by Henderson County. If there are further environmental
regulations adopted by
Commissioner Young made the motion that the Board approves
the proposed development agreement subject to any condition and changes made
today as part of this meeting and that the amendment to the development
agreement be included. After discussion a vote was taken and the motion passed 4-1
with Commissioner McGrady voting nay.
PUBLIC HEARING – NEW ROAD NAMES
Commissioner Williams made the motion that the Board go into
public hearing with respect to new road names. All voted in favor and the motion carried.
Property Addressing
Coordinator Curtis Griffin stated that two (2) new road names were being
presented. One is a change from a
previous name of
Public Input
There was none.
Commissioner Messer made the motion that the Board approves the
new road name of
Commissioner Williams made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
There was nothing
further at this time.
The
Commissioner Messer gave
an update on the NCACC District Meeting which he had attended. He felt that the States races were going to
revolve to the counties. The number that
NCACC provided could cost the counties as much as fourteen cents if everything
were to go through. In his opinion it is
obvious that the State is guilty of not spending the money wisely.
Chairman Moyer thanked
the staff for their considerable effort put forth in the rededication ceremony of
the Historic courthouse the prior weekend.
IMPORTANT DATES
Chairman Moyer reminded
the Board that the special called meeting for the
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 preserve the
attorney-client privilege between the attorney and the public body.
“NCDOT versus
2.
(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.
Commissioner McGrady made the motion that the Board go out
of closed session. All voted in favor
and the motion carried.
ADJOURN
Commissioner McGrady made the motion to adjourn at 12:35 pm. All voted in favor and the motion carried.
Attest:
______________________________________ _____________________________________
Teresa L. Wilson, Deputy Clerk to the Board William L. Moyer, Chairman