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 Historic Courthouse on
Those present were: Chairman Bill Moyer, Vice-Chairman
Also present were: Deputy
Clerk Terry Wilson, Communications Officer
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Rebecca Torres, 4-H Club
leader in training, led the Pledge of Allegiance to the American Flag.
INVOCATION
Commissioner Mark
Williams gave the invocation.
MOMENT OF SILENCE
Commissioner Young
requested that everyone stand and observe a moment of silence to honor the
passing of Senator Jessie Helms who was a true patriot for
INFORMAL PUBLIC COMMENTS
1.
Ned
Ryan Doyle – Mr. Doyle spoke in regards to the vested rights amendments for the
Biltmore Farms Hammond Tract. He felt
that the request for amendments were even worse than their initial request for
vested rights. He requested that the
Board deny the application for the amendments for the vested rights for the
Biltmore Farms Hammond Tract.
2.
Dennis
Justice – Mr. Justice spoke in opposition of a tax referendum. He felt that putting a tax referendum that
would surely fail on the ballot is not a productive way to address our facility
needs. He suggested the Board propose a
bond referendum instead for the needs of the schools, Parks, etc. He pointed out that other counties are using
artificial turf at their high schools for recreation and this would be a way of
addressing our soccer field needs.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested
adding an update on the ICE Program before the consent agenda.
Commissioner Messer made a motion that the Board of
Commissioners adopts the agenda as modified.
All voted in favor and the motion carried.
ICE PROGRAM UPDATE
Sheriff Rick Davis
stated that it had taken quite some time to get this program up and
running. There were some various
concerns about funding starting October 1, 2008, so therefore he felt an update
was essential. The program began July 1,
2008 at 8:00 am. He made the decision to
press ahead with the program even though the funding has not officially kicked
off for it yet. The people that are
occupying our jail space are doing so right now and costing us money so there
is no reason to sit on this and just have these people housed in our jail while
we wait on this program; it will save us money to get it going. The funding will happen. Sheriff Davis had just spoke with the agent
that is in charge in
Within the first few
minutes of starting the ICE program last week, we had someone in custody and
earmarked for deportation. This was an
arrest made by the City of Hendersonville Police Department. We have a full-time federal agent (Special
Supervisory Agent, Tim Cleas) that is now working in our detention center and
he is with Homeland Security Immigrations Customs Enforcement. His primary purpose is to oversee the 287G
program. We lobbied heavily to get the
agent here and were successful. Mr.
Cleas will be here until the
Sheriff Davis has given
the Finance Director a check for $40,500.00 for the reimbursement that was
provided by the State for our deputies when they went to training. We did not incur that much expense and
actually made a little money on that.
As of this morning
fourteen (14) people are at various stages of deportation since last week. They expect the number to be even higher for
the 1 week total.
Sheriff Davis provided
information including monthly totals and the break down of categories of
deportation, (what the people were charged with, etc).
Sheriff Davis informed
the Board that the road crew work would begin with the arrival of signs that
were required to be used.
CONSENT AGENDA
Chairman Moyer requested
the addition of Fletcher Fire and Rescues need for a tax exempt loan
certificate for a pumper as an additional consent agenda item. Commissioner McGrady requested that item G
(Revision to charter and bylaws of Henderson County Historic Courthouse
Corporation) be pulled for discussion.
Commissioner McGrady made the motion to adopt the consent
agenda with the exception of item G (Revision to charter and bylaws of
Henderson County Historic Courthouse Corporation) and the addition of Fletcher
Fire & Rescue. All voted in favor and the motion carried.
Fletcher Fire & Rescue
At the May 6, 2008 Fire
and Rescue Advisory Committee meeting, Fletcher Fire and Rescue presented a
proposal to purchase a new pumper. The
total amount financed will be $355,761.00 at an interest rate of 3.86% with an
annual payment of $58,966.91 for 7 years.
The Fire and Rescue
respectfully request the Chairman sign the letter provided for tax exempt loan
to Federal Signal Corporation (d.b.a. E-One fire apparatus).
Commissioner McGrady made the motion that the Board
authorizes the Chairman to sign the letter for a tax exempt loan on behalf of
Fletcher Fire & Rescue. All voted in
favor and the motion carried.
Revision to charter and bylaws of Henderson County Historic
Courthouse Corporation – item G
The Board is requested
to amend the charter and bylaws of the Henderson County Historic Courthouse Corporation. The Amendment would increase the Boar of
Directors of the Corporation to nine voting members, and add two non-voting
ex-officio members (one a member of this Board and the other a member of the
Travel and Tourism Committee).
Commissioner McGrady
stated that now that the museum has moved into this building and the courthouse
is complete he questioned if the Commissioners needed to continue to be the
entity that makes appointments to this board.
This is a 501(c)(3) and most
501(c)(3) either have a membership organization or they have a self-appointing
board (meaning people that are on the board recruit other people to be on the
board). He is not philosophically
excited about this being an entity that we are responsible for because we’re
appointing the board. Financially if the
museum isn’t doing well, it comes back to the Board of Commissioners. Commissioner McGrady did not feel that the
Board should be in the appointing business with respect to the Courthouse Museum
Corporation now. He feels that now is
the time for the Board of Commissioners to simply allow the museum to operate
as other non-profits.
Chairman Moyer did not
feel that now was the time. The Board
(Historic Courthouse Corporation) is in the process of restructuring and it is
critical to the Commissioners to have an effective Board functioning with
respect to the
Commissioner Young made the motion that the Board approves
the Third Articles of Amendment to the Articles of Incorporation of Henderson
County Historic Courthouse Corporation, and further approves the amended
By-Laws, and he further moved the appointment of Spence Campbell as Chairman of
the committee. The motion passed 4-1
with Commissioner McGrady voting nay.
Minutes
Draft minutes were
presented for Board review and consent approval of the following meetings:
January 18, 2008 – Special Called Meeting
April 16, 2008 – Regularly Scheduled Meeting
May 29, 2008 – Special Called Meeting
June 2, 2008 – Regularly Scheduled Meeting
June 18, 2008 – Regularly Scheduled Meeting
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, provided the Tax Collector’s Report for information only dated June
27, 2008.
Financial Report/Cash Balance Report – May 2008
The Financial Report and
Cash Balance Report for May 2008 were presented for the Board’s review and
consent approval.
The Garage budget was
exceeded beginning in April due to the increase in the cost of fuel purchased
for the County’s fleet. At the end of
May, fuel purchases exceeded budget by $158,900.72.
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
Travel & Tourism Fund is from additional advertising expense, a new vehicle
purchase and capital project costs which are covered by an appropriation of
fund balance to cover these expenses in FY2008.
The YTD deficit in the
Emergency 911 Communications Fund is due to the purchase of new recording
equipment ($45k) for the 911 Center covered by an appropriation of fund balance
in the 911 Fund in FY2008.
The YTD deficit in the
Lewis Creek Restoration Project Fund is due to the timing difference between
the expenditure of Federal grant funds and the subsequent requisition and
reimbursement of these expenditures.
Suggested Motion: I move the
Board of Commissioners approves the May 2008
Henderson County Public Schools Financial Reports – May 2008
The Public Schools
Financial Reports for May 2008 were presented for the Board’s information and
consent approval.
Suggested Motion: I
move the Board of Commissioners approves the May 2008 Henderson County Public
Schools Financial Reports as presented.
Sidearm Request – Benjamin Whitaker
The Henderson County Sheriff’s
Office requests that the service sidearm of Officer Benjamin Lee Whitaker be
given to him in recognition of his retirement from the Henderson County
Sheriff’s Office.
Officer Whitaker has
served the Sheriff’s Office and the people of
Officer Whitaker’s
service to the people of
Sheriff Davis makes this
request on behalf of the Henderson County Sheriff’s Office pursuant to North
Carolina General Statute 20-187(a).
Suggested Motion: I
move the Board allows Sheriff Rick Davis to present this service sidearm as a
token of appreciation to Officer Benjamin Whitaker.
Mountain Home Fire & Rescue Lease Purchase Agreement
At the May 20, 2008 Fire
and Rescue Advisory Committee meeting, Mountain Home Fire and Rescue presented
a proposal to order a new pumper and refinance two existing apparatus. The total amount financed will be $837,959.00
at a rate of 3.8% with an annual payment of $185,600.00 for 5 years.
The Fire & Rescue
Advisory Committee approved the proposal unanimously.
Mountain Home Fire and
Rescue respectfully request the Chairman sign the provided letter to United
Financial.
Suggested Motion: I move the Board authorizes the Chairman
to endorse the letter to United Financial Services on behalf of Mountain Home
Fire & Rescue.
Transfer of Ownership to
As described in the letter
from the City of
Suggested Motion: I move
the Board authorizes the
Proposed Facility Use Fee – Historic Courthouse Community
Rooms
The expectation for
maintenance, security and appearance for the Henderson County Historic
Courthouse is higher than that of our other office buildings. This is even more the case with the museum
location with the building. Therefore,
we are requiring that when either of the public rooms are in use (Large
Community Room on the 2nd floor and Small Community Room in the
basement), staff is present to assure appropriate use and to secure the
building afterwards. While the rooms are
available to the public as per the Facility Use Policy, we recommend revising
the policy to include a Facility Use Fee to cover expenses associated with
staffing.
The Facility Use fee
will apply to the two Historic Courthouse Community Rooms and be applicable
only outside normal business hours. The
fee is recommended at $25 per hour with a $50 minimum.
Suggested Motion: I
move the Board approves the proposed
Facility Use Fee for the two Community Rooms in the Historic Courthouse.
Non-Profit Performance Agreements
Subsequent to the
approval of the FY 2008-2009 Budget, staff has distributed the funding
agreements to the non-profit agencies receiving County allocations. Staff will be including signed funding
agreements on the Board’s consent agenda as we receive them from the agencies.
Staff recommends that
the Board authorize the Chairman to execute the provided funding agreements
and, in doing so, authorize the release of the first of the following agencies’
quarterly allotments.
1.
2.
3.
Boys
and Girls Club
4.
Children
and
5.
Community
Development Council
6.
Council
on Aging
7.
8.
Environmental
and Conservation Organization
9.
Healing
Place
10. Housing Assistance
Corporation
11. Interfaith Assistance
Ministry
12. Mainstay
13. Partnership for Economic
Development
14. Pisgah Legal Services
15. United Agenda for
Children
16. United Way 211 Program
17. Vocational Solutions
18. WCCA – Medical
Transportation
19. WCCA – Community
Transportation Grant Match
20. WNC Communities
Suggested Motion: I move
the Board authorizes the Chairman to execute the provided funding agreements
and, in doing so, authorize the release of the first of the aforementioned
agencies’ quarterly allotments.
Designation of Voting Delegate to NCACC Annual Conference
The North Carolina
Association of County Commissioners (NCACC) has requested that the Board of
Commissioners designate a Voting Delegate to the Annual Conference being held
in
Suggested Motion: I
move the Board designates Chairman Moyer as
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear on the next agenda for
nominations:
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
Due to changes in bylaws
and restructure of this committee action was deferred at this time. Spence Campbell was voted in a Chairman. Commissioner Young stated that Theron Maybin
had recommended appointment of Karen-Eve Bayne to represent his area on the
board.
Chairman Moyer nominated
Andrew Tate for position #2. Chairman Moyer made the motion that the
Board accepts the appointment of Andrew Tate to position #2 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.
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.
Commissioner McGrady stated
that the Chair did not have anyone specific to appoint to the 2 vacant
positions. Commissioner McGrady
nominated Richard DeSimone for position #5 subject to the receipt of his
application. Mr. DeSimone has shown
interest in serving on this committee.
No action was taken and this item was rolled to the next meeting.
Commissioner Young
nominated Dr. Phil Sellers for position #1.
Chairman Moyer made the motion
that the Board accepts the appointment of Dr. Phil Sellers to position #1 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.
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.
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.
Commissioner McGrady
nominated Stan Kumor as Chair for the committee. Chairman
Moyer made the motion to accept Stan Kumor as Chair by acclamation. All voted in favor and the motion carried.
ASSESSMENT OF
Two reports were
recently provided under separate cover assessing possible uses of the former
Department of Health Building at
Commissioner Messer left
the room for a brief moment to answer a cell phone call.
County Manager Steve
Wyatt stated that the Board and Staff had held conversations over the last year
or so in regards to the old public health department building. They have taken bids and had some interest in
the building. They have explored the option
of reuse of the building by determining what needed to be done to bring it up
to modern workable standards; looking at the air conditioning, hearing,
plumbing, and bring it up to a general office type standard. Along with that look there was interest in
determining the potential uses the County may have should the County maintain
it. The Sheriff’s Department, county law
enforcement, is one area that scattered about in different parts of the county
and perhaps the opportunity to bring that operation under one roof.
Commissioner Messer came
back into the meeting while County Manager Steve Wyatt was speaking.
General Assessment
Don Liss, Regional
Market Director for HSMM stated that a team of architects, engineers, and
Triple A Environment of Spartanburg had completed an evaluation of hazardous
materials in the building in May.
The building, pavement
and drainage are in fairly good condition.
Benefits of the site (the first part of the study was considering the
building as potential for general office use – not getting specific to the
Sheriff’s Department)
Architectural Upgrades
Mechanical Upgrades
Electrical Upgrades
Hazardous Materials
Suspected Asbestos
Suspected Lead Paint
Suspected PCB’s
Renovation – Scenario “A” – Estimated Budget $1,358,334
Renovation – Scenario “B” – Estimated Budget $1,663,314
Steven Loomis, Justice
and Public Safety Director, joined Mr. Liss at the podium to assist in
answering questions from the Board. Discussion
followed.
Needs Assessment
Mr. Loomis stated he had
met with each department head of the Sheriff’s Department and reviewed their
space needs. An assessment was done to determine if the old public health
building would be compatible for the Sheriff’s Department.
·
The
·
There
are approximately 84 parking spaces on this site (170 parking spaces are
needed)
·
The
building is approximately 13,000 square feet
(To house the entire Sheriff’s Department would require around 34,570
square feet)
·
Located
outside of central business district
·
Remote
from jail and courthouse
Summary Findings and
Recommendations
- Virtual reconstruction
to accommodate program
- Space and Functional
Layout compromised
- Site not large enough
for proposed parking
- Estimate nearly same for
new vs. additions and renovations
Sheriff Rick Davis
stated that he did not feel that they would be able to pull off the
design. If they moved into the building
it would put them into the same situation they are already in.
Commissioner Williams
ask if there was a possibility of making use of the old public health building
without going in and doing renovations by consolidating a portion of the
Sheriff’s Department current six (6) locations down to four (4) with three (3)
being in the old health department.
Sheriff Davis stated
that this had been discussed but felt that it was once again turn into the same
case of not enough adequate space very quickly.
Commissioner McGrady
stated that it sounded as if Sheriff Davis would rather stay in their current
locations as opposed to taking this opportunity to move into this space.
Sheriff Davis did not
see this as an opportunity and agreed that his preference would be to stay as
they currently are versus the move to the old health department building. He did not see this as an opportunity to
provide better service to the public.
The public will not like having to go to different locations that are
spread further apart.
County Manager Steve
Wyatt stated that the Board, through the process of elimination, would like for
us to go back and look to see if there are pieces that could fit with the
Sheriff’s Department, with a minimal cost, with the goal of increasing the
effectiveness of operations, Sheriff’s or otherwise, but also to look perhaps
at alleviating some of the lease obligations.
If we go through the issues of Sheriff or other courthouse related offices,
and the Board determines that it is just not a good fit or good county use for
the building, then there is the option of putting it on the market.
Chairman Moyer requested
that Staff get the information necessary to determine if the building can be
utilized for other county departments or should be put on the market for sale
and bring it back to the Board by the second meeting in September with
recommendations.
BREAK
A break was taken to
change video tapes.
Chairman Moyer called
the meeting back to order.
PUBLIC HEARING – Economic Incentive Grants to
the Warm Company
Commissioner Messer made the motion that the Board go into
public hearing in regards to consideration of an economic incentives grant to
the Warm Company. All voted in favor and
the motion carried.
Andrew Tate, Executive
Director of Economic Development, stated that this project has gone by Project
Century for the last couple of months.
It is an existing industry capital investment and job creation
expansion. They are looking at a $.13 -
$1.5 million investment in new construction for a building addition, and
approximately $1.8 million in investment in machinery and equipment. The total job expansion will be about 6 – 12
new jobs with wages in the $14 - $18 an hour range. This company pays full health insurance
benefits for their employees as well as all dependants, and matches 4%
retirement contributions. This expansion will require extension and
expansion of sewer which has an estimated cost of approximately $160,000. We are pursuing, in partnership with the
Planning Department and
Barry Brown, General
Manager of the Warm Company, spoke briefly in regards to the project. This project was brought before the Board
approximately 4 years ago; to move and consolidate in
Notice was given
pursuant to N.C. Gen. Stat. §158-7.1 that the Henderson County Board of
Commissioners would hold a public hearing on 7 July 2008 at 7:00 p.m. or as
soon thereafter as the Board can consider the matter, to consider the request
of The Warm Company, for economic development incentives to assist in investment
resulting in the expansion of its existing plant, and the addition of new jobs.
The Company is a
manufacturing concern operating worldwide, including a plant located near
The Board is considering
granting assistance toward actual expenditures incurred in the Company’s plan
to construct its operation up to a maximum payment equaling Fifty-One Thousand
Seven Hundred Forty-Four Dollars ($51,744.00), to be paid over a period of five
(5) years. Each year’s incentive payment
would be no greater than Two Thousand Three Hundred Forty-Eight Dollars and
Eighty Cents ($10,348.80).
If approved, the request
would be funded through the general property tax revenue.
Public Input
There was none.
Commissioner Young made the motion that the Board grant
economic incentives pursuant to the economic incentives policy of
Commissioner Young made the motion that the Board go out of
public hearing. All voted in favor and
the motion carried.
PUBLIC HEARING – Rezoning Application #R-2008-06
Chairman Moyer stated
that Donald Lee Burnett was the next applicant for rezoning and that Mr.
Burnett wished to address the Board.
The applicant, Donald
Lee Burnett, came to the podium, briefly explained the situation, and officially
withdrew his application for rezoning.
Chairman Moyer stated
that there would not be a public hearing in respect to rezoning application
#R-2008-06 as the application has been withdrawn. This application cannot be filed again for
at least 6 months. The applicant has
ensured the Board that he has no intention of filing the application
again.
PUBLIC HEARING – Rezoning Application #R-2008-07
Commissioner Young made the motion for the Board to go into
public hearing with respect to Rezoning Application #R-2008-07. All voted in favor and the motion carried.
Parker Sloan, Planner,
stated that rezoning Application #R-2008-07, initiated by Henderson County
Planning staff subsequent to a petition submitted by a number of property
owners, requests that the County rezone approximately 29 acres of land, located
off of Hendersonville Road (US Highway 25 North), from a Regional Commercial
(RC) zoning district to a Local Commercial (LC) zoning district. The Subject Area is composed of 61 parcels.
The Subject Area is
currently zoned Regional Commercial (RC) as a result of the adoption of the
Land Development Code. The Subject Area
was previously zoned Highway Commercial (C4).
Regional Commercial zoning is applied to the north and east of the
subject area. Industrial zoning is to
the west. The City of Fletcher
annexations near the subject area are zoned Interstate Commercial (C2). The Subject Area is predominantly residential
with one (1) abandoned commercial use near the intersection of US Highway 25 N
and
Surrounding area lands contain
residential and commercial uses. North
of the Subject Area is a self storage facility.
Arvin Meritor industrial facility is located adjacent to the Subject
Area to the west. A variety of retail
trade and business/professional services are located to the south of the
Subject Area. Parcels east of the
Subject Area contain a gas station, Smiley’s Flea Market, two separate modular
home sales uses, and a number of other commercial uses. Public water and sewer are located within the
Subject Area.
The CCP Future Land Use
Map identifies the Subject Area as being located in the Urban Services
Area. The southern portion of the
Subject Area is within a community service center. Applying Local Commercial will allow for an
increase in the number of permitted residential uses while reducing the amount
of commercial uses permitted.
Staff supports the
rezoning of the Subject Area to Local Commercial, consistent with the
recommendations of the Henderson County Comprehensive Plan. It is generally incumbent upon the property
owners to demonstrate an overriding justification for approving a given
rezoning application. Staff encourages
the property owners to present any information that would inform the County’s
consideration of the proposed rezoning.
The Henderson County
Planning Board considered rezoning application #R-2008-07 at its regularly
scheduled meeting on May 15, 2008. During that meeting, the Board voted 5 to 0
to send the Board of Commissioners a favorable recommendation for rezoning
application #R-2008-07 to rezone the Subject Area from existing RC zoning
district to a LC zoning district.
Before taking action on
the application, the Board of Commissioners must hold a public hearing. In accordance with §§200A-314(c) and
200A-337(b) of the Henderson County Land Development Code and State Law,
notices of the July 7, 2008, public hearing regarding rezoning application
#R-2008-07 were published in the Hendersonville Times-News on June 18, 2008 and
June 25, 2008. The Planning Department
sent notices of the hearing via first class mail to the owners of properties
adjacent to the Subject Area and the Applicants and posted signs advertising
the hearing on the Subject Area on June 18, 2008.
Public Input
1.
2.
Robert
Dunbar – Mr. Dunbar stated this parcel has been in his family for
generations. He requested that the
property be rezoned to Local Commercial (LC) in order that they may rebuild, if
need be, additions to existing dwellings, and pass the property down through
generations.
Commissioner Messer made the motion that the Board recommend
approval of rezoning application #R-2008-07 to rezone the Subject Area from a
RC (Regional Commercial) zoning district to a LC (Local Commercial) zoning
district based on the recommendations of the Henderson County 2020
Comprehensive Plan. 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.
PUBLIC HEARING – New Countywide Flood Insurance
Rate Maps (FIRMs):L Rezoning #R-2008-08
and Text Amendment #TX-2008-02
Commissioner Williams made the motion that the Board go into
public hearing with respect to the New Countywide Flood Insurance Rate Maps
(FIRMs): Rezoning #R-2008-08 and Text
Amendments #TX-2008-02. All voted in
favor and the motion carried.
Anthony Starr, Planning
Director, stated that rezoning request #R-2008-08 and Text Amendment
#TX-2008-02, which were initiated by Henderson County Planning Staff on April
2, 2008, and requests that the County adopt the finalized Flood Insurance Rate
Maps (FIRMs) and make the necessary associated amendments to the flood damage
prevention regulations of Chapter 200A, Land Development Code. The current flood insurance maps were
originally adopted in 1982. As a result
of legislation at the State level in 2004, (because of the flooding in western
part of
The Henderson County
Board of Commissioners does not have any authority at this point to change any
of the boundaries on the flood maps. The
text amendments are basically required to stay in the program. There are two choices available; adopt the
Flood Insurance Rate Maps as presented by the State and Federal Government
along with the required text amendments to stay in the program or not adopt
these changes, there by meaning that we are no longer being a national flood
insurance program, which would not allow folks to obtain flood insurance or
renew their policies.
Planner Matt Cable
explained that the State of
Mr. Cable explained the
process which begins with meeting with County officials. Base Maps are acquired
using Federal, State, and local agencies.
Light detection and ranging data (LiDAR) are acquired, which basically
gives you an idea of the topography of the land with in a certain level of
accuracy (centimeter accuracy). Maps are
then produced. There are three types of
studies conducted; (1) a detail study with measurements actually taken in the
field, (contact was made with Natalie Berry to identify which specific streams
detailed study could be done on). It is
a very expensive and detailed process so there were limitations to the
resources available. In addition (2)
limited detail studies were done using the LiDAR data to identify specific
cross sections. This is less detailed
but also less costly. Thirdly (3)
delineation studies were done, where existing base flood elevations are used
with revision of the boundaries using the LiDAR data and topography
available.
The development of new
FIRMs is a multi-step process that began for
The County has six (6)
months in which to adopt the new FIRMs and associated text amendments (a
deadline of October 2, 2008); however, FEMA recommends adoption within four (4)
months (a deadline of August 4, 2008) in an effort to:
·
Prevent
suspension from the National Flood Insurance Program (NFIP),
·
Allow
Federal agencies to approve loans and grants within the 100-year floodplain,
·
·
Comply
with the
The adoption of the new
FIRMs and text amendments will be under procedures outlined by FEMA, the State
of
Maps were provided to
the Board showing where the FIRMs have resulted in a flood area reduction and
where the FIRMs have resulted in a flood area expansion. Flood Area Reduction and Expansion Maps which
are divided into Quadrants are available at:
www.hcplanning.org. Preliminary FIRM panels may be reviewed in
the office of the Floodplain Administrator or by visiting the
|
Floodway and Floodplain within Comparing Existing and New FIRMs |
|||
|
Acreage in |
Map Year |
Change in Acreage |
|
|
1982 |
2008 |
||
|
Floodway |
3,884.71 |
3,909.73 |
25.02 |
|
100 Year Floodplain |
5,675.64 |
5,618.18 |
-57.46 |
|
500 Year Floodplain |
655.52 |
689.26 |
33.74 |
|
Regulated Area
(Floodway & 100 Year Floodplain) |
9,560.35 |
9,527.91 |
-32.44 |
Adoption of the FIRMs
and associated text amendments by the Board of Commissioners is recommended on
or by August 4, 2008 with an effective date for the amendments on October 1,
2008. FEMA will review certified copied
of officially amended ordinances within this two (2) month grace period to
ensure communities remain in good standing with the NFIP to prevent suspension
from the program. The proposed changes
to the Flood Insurance Rate maps will not effect flood insurance policies until
after the effective date of the FIRMs (October 2, 2008).
Natalie Berry explained
that in the non-encroachment area when there were unnumbered A-zones there was
restriction to 20 feet from the center line of the stream or five (5) times the
width of the creek from bank to bank edge.
This could put you 100 – 200 feet away from the edge of the bank, therefore
restricting the development of the property.
When the limited detail study was done, the base flood elevations were
developed so you know how high to build but do not know where to locate the
floodway. The non-encroachment table was
developed where you take the data (Natalie Berry would normally do this for the
customer) and it will tell you from the left side of the stream it is X amount
of feet between these two cross sections and it is X amount of feet from the
right side from the same two cross sections.
She would connect the dots basically and create a floodway or
non-encroachment area and you would have to stay out of this area when you
build. There are several methods but
staff time is a concern. The straight
line method is easiest and quickest however it does make the floodway larger
for the customer. If a customer chooses
to hire an engineer to develop the floodway with the correct way of studying a
detailed study, we will accept that in place of this. This data will be submitted to FEMA to
replace the other data.
Matt Cable continued
with highlights of the intentions of the text revisions. The standard text revisions are to provide
standards for structures that are partially within the special flood hazard
areas (100 year floodplain) or with multiple base flood elevations, those
provisions were not previously included.
Provisions have been included as in the State Model Ordinance for
recreational vehicles. The Board may
recall that those are not permitted by our Land Development Code zoning
standards in the floodplain. If that
were to ever change we would be covered under the flood regulations and are not
in violation of that. There are some
additional accessory structure limitations in terms of what you can use those
structures for. There are additional
standards for determining base flood elevations in floodplains without
established base flood elevations.
Standards for floodway or non-encroachment area have been expanded to
include the terms non-encroachment area and explain further how that will
impact the properties. Provisions that
explicitly spell out that the floodplain administrator can inspect suspected
violations and also has the authority to enter properties to ensure that there
are not obstructions.
Staff recommends
approval of the request. Adoption is recommended
on or by August 4, 2008 with an effective date for the Map and Text Amendment
of October 1, 2008. This allows FEMA
time to review the ordinance and ensure that it is in compliance. The proposed text changes have already been
approved by the State floodplain mapping program and must now be approved by
FEMA. This provides a grace period to
ensure that we are not kicked out of the program while they are doing the
review. It also gives FEMA time to
finalize the maps and send them to us to that we have them ready to go on the
effective date of the ordinance. Changes
to the FIRMs will not affect citizens flood insurance policies until after the
effective date. Policy holders will have
the option of using the 1982 maps for their flood insurance rate.
Commissioner McGrady
stated that he may need to recuse himself as he owns property that is within
the floodplain.
Chairman Moyer felt that
all Commissioners could possibly own property within the floodplain and that
there may be possible conflict yet all Commissioners would participate.
BREAK
A five minute break was
taken in order to change video tapes.
Commissioner Williams
stated that the county entered into the flood insurance program approximately
four years ago. We developed an
ordinance and part of that was in response to the events that we experienced
from the hurricane activity. There was
disaster funding available at that time but we were told that if we did not
participate in the national flood insurance program we would not be able to get
flood insurance for homes that were flood areas, limiting loans that might be
made for properties that were in the flood areas. For future disastrous events, properties that
were in the flood areas would not be able to get the same level of funding in
terms of disaster funding. This is what
prompted us several years ago. Now we
find ourselves at a point where we are looking at an update of the mapping
which was also part of the plan in moving forward. Funding from the disaster events was also
provided to do the updates to the maps.
Chairman Moyer indicated
previously that when we talked about starting this program a lot of people
spoke in favor but were very concerned with we were starting with old maps
(1982). We pressed hard to get them updated
and now we have them.
Planning Director stated
that if any of the public had questions in regards to their specific property
they should contact the Planning Department.
Public Input
1.
Phil Botnick – Mr. Botnick stated that he and his wife own Phil
and Ann’s RV on
2.
Dave
Rogers – Mr. Rogers lives out Highway 64 East.
He requested the telephone number of Planning. He moved up from
3.
May McGraw – Ms. McGraw stated that the area of her
property that is in the flood zone is located below a bank in front of her
home. She had allowed the City of
The power went off for a
brief moment due to lightning and the audio/video equipment had to be reset.
The meeting resumed within a couple of minutes.
While the equipment was being reset, Anthony Starr shared the telephone
number with the citizens who had questions for the Planning Department,
828-697-4819. They are located at
4.
Bill Owens – Mr. Owens lives in Staton Woods. He had a question pertaining to flood damage
prevention regulations. He had lived
there for 34 years. The owners of
property in Staton Woods own the north bank of Cane Creek, and
Anthony Starr stated
that this area may be in the City of
5.
Scott Jarvis – Mr. Jarvis questioned if the flood plain
would be an affective control for the buffer on US Highway 25 North, and if the
restraints on the flood zone would affectively control people’s property which
is basically joining Mud Creek; any land that can be developed on Highway 25
North. His family has property on
Highway 25 North that is elevated above the 100 year flood plain in the 1980’s
and early 90’s. We spent approximately 4
million dollars in earth work back in those days and we had some good property;
along comes the construction of Highway 25 and they tore the buildings down.
Our property is still a little over a foot above the hundred year flood
plain. They hope that everything will
still be fine with their acreage.
6.
Leon Allison – Mr. Allison was not opposing the map
amendments, but was looking for more solutions for it. Recently he was talking to a banker locally
and the bank has six pieces of property that were in the floodplain on the old
FEMA maps. It has been documented by
surveyors that these properties are no longer in the floodplain and this
information and the fees were sent to FEMA and FEMA would not accept this. They are waiting on the State. One of the pieces of property is close to
Interstate 26. It is twenty-eight feet
above the interstate and in the floodplain.
The old maps are the craziest maps that he has ever seen. This is a hardship upon landowners and
businesses to get the State or FEMA to pay attention. He understands that if there is a piece of
property on the FEMA map that shows it is in the floodplain, the City of
Hendersonville uses a documented survey engineer to survey the property and
they move it out of the floodplain according to Hendersonville maps. When he was on the Planning Board and there
were lots of sub-committees talking about the floodplain, you would be
protected and you would get insurance.
He has three buildings on his property and highest contract to construct
was $45,000. The policy had to be
written according to Federal mandate, one policy per building, and the total
was $11,400 per year. He recognized the
great work by Natalie Berry for the County.
Chairman Moyer stated
that this is a complex issue with the various levels of Government
involved. He hoped the Board and staff
had done a reasonable job of trying to explain it.
Commissioner McGrady made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
Commissioner Young made the motion that the Board approve
rezoning #R-2008-08 and text amendment #TX-2008-02, effective October 1, 2008,
to adopt the finalized Flood Insurance Rate Maps (FIRMs) and amended flood
damage prevention regulations of the Land Development Code necessary to reflect
regulation changes associated with the new FIRMs and changes made to the State
Model Flood Damage Prevention Ordinance, and he further motioned that this
approval is consistent with the recommendations of the Henderson County 2020
Comprehensive Plan. All voted in favor
and the motion carried.
REVENUE OPTIONS REFERENDUM
Chairman Moyer stated
that this was on the agenda because obviously the Board knows what they will be
facing next year; a lot of money was taken from fund balance this year which we
cannot do for another year. If we are
going to put anything on the ballot, and he is not saying we should, we have an
August 1 cutoff date. In all fairness to
the Board they would need to be aware of this date and this was opened for
discussion as to whether the Board wanted to look at any of the other revenue
options; recognizing the shortfall for next year. There is no question, based on the two
referendums, that if the Board decides to put another referendum on it would
take a lot of work and a lot of energy on the Board’s part. We must weigh the option of referendums or
the possibility of a property tax increase if it becomes necessary next
year. He did not see how a property tax
increase could be avoided in the following year. The only two options are the Land Transfer
Tax again or the sales tax. There is
legislation in the Senate to try to get rid of the Land Transfer Tax for all
counties. It is uncertain if this
applies to counties that already impose land transfer taxes, but certainly no
new counties would be allowed to get it.
The sales tax, he understands, is still an option. Chairman Moyer had not heard any discussion
about eliminating it. He had spoken with
Senator Apodaca about the possibility of pushing it up to 1% to help solve our
problems; Chairman Moyer did not feel that you would see it in this
session.
Commissioner Young
expressed that the sales tax option referendum is probably the one he would
support and felt that it would have the best chance of passing by the citizens
of the County. At the same time the
quarter of a cent sales tax increase with declining revenues is not going to be
as much as we would like for it to be.
With the economy like it is, we don’t know when that is going to get
stronger. He feels it will be a long
period of time. He would be in favor of putting
the quarter cent sales tax option back on the ballot and then try to educate
the public to the fact that not only will the property owners pay part of the
Counties bills, but the people that purchase items will pay a small portion
also. This, he feels, is the fairest
option of tax that we could ask the people to pass.
Commissioner Williams
reiterated that you take in revenues from folks that right may not be
contributing to that pool. You’ve got
tourist you come and shop here, folks that don’t own property, and you’ve even
got folks that may be here illegally.
You’re tapping in to a pool of folks to help pay their part for County
services that otherwise would not be captured in the way of property tax. He was initially concerned about who would be
impacted. Car dealers would not be
impacted, wholesale basis purchasers would not be impacted directly. The consumer would be impacted to some
degree. For every $10,000 spent you
would be paying an extra $25 per year.
If you don’t spend, you don’t pay.
Those who wish to conserve would be paying less. With the property tax option, if you own
property you have no choice.
Commissioner Williams was in support and felt that it should be put back
into the hands of the voters. We could
make the case that the voters have already spoken and they rejected it. He had
spoken with a lot of folks who voted on it that he did not feel that they
understood what they were voting on.
They see the word “tax” and immediately vote against it. At this point and time we have general public
who are a little more informed and with additional effort to get the facts out
and inform the voters a little more, we could see a much more positive
outcome. We may not see this passed but
he felt it was worth giving another shot and see truly where the voters want to
be on it.
Commissioner Young felt
that if we educated the public to this they will realize that the sales tax
option is the way to go. He reminded the
Board that the last bond referendum failed big time. He didn’t know if a bond referendum would
pass and if it did you would have to raise property taxes to pay that. He also felt that the sales tax option was
the fairest option.
Commissioner Messer was
in agreement with the other Commissioners.
The land transfer tax was a no go and didn’t feel that the Board should
even go there. He realized that a lot of
people did not understand the land transfer tax and people needed to be
educated on the sale tax option. He was
in favor of the sales tax option. If the
economy gets worse, the County may have to look at cuts somewhere down the
road.
Commissioner Williams
didn’t think that an increase of a quarter cent would cause a retailer to loose
a competitive edge with a neighboring county.
With fuel prices as they are he couldn’t imagine someone driving much
distance to save a quarter of a percent difference.
Commissioner McGrady
philosophically agreed that sales tax is the best option. He was not sure if he was supportive of
putting it on the ballot. He felt the Board
could learn from the ballot initiatives in other Counties and, to his
knowledge, everyone that passed (and most did not) were put on the ballot only
when the
Commissioner Young was
in favor of earmarking the sales tax increase for paying debt service on
capital projects.
Commissioner McGrady
agreed but did not see a way to earmark it on the ballot. If you look at the successful counties, the
ones that were successful (small handful) all earmarked it very
specifically.
County Manger Steve
Wyatt that this has been the subject of some conversation in the legislature,
and these points have been made. There
is discussion of the possibility that they may change the law to allow specific
earmarking language on the ballot because they too recognize the fact that
those counties that have been successful have said “this is what we’re going to
spend it for”. This may change as early
as this fall as it has been discussed.
Chairman Moyer stated
that the Board would explore every possible option before they vote for a
property tax increase and this is a possible option. If the public doesn’t buy it at least we will
have thrown it out and said here it is and make our best case. We can make a better case than before. The Board must be committed to the case and
get the information out. We must be
very, very clear that there will be a property tax increase in effect if the
sales tax option doesn’t get approved.
Commissioner Young
stated that we also need to make sure that every group that will benefit from
this is on the same page and that they are out pushing this; such as the
education people.
Commissioner Messer
emphasized that even if the sales tax option is approved, if sales decline the
property tax rate could still be increased.
County Manager Steve
Wyatt stated that the figure from sales tax is a moving target. It would possibly be in the $1.6 - $1.9
million dollar range.
Chairman Moyer made the motion that the Board take action to
put the sales tax referendum on the ballot in November and that the Board
commits themselves to coming up with a plan which involves specifying the use
of the monies, and come up with a plan in which the Board and everyone benefiting
is involved
in trying to sell this to the public so
that they understand and know what the options are if it does not pass. The vote passed 4-1 with Commissioner McGrady
voting nay.
County Manager Steve
Wyatt provided the draft Henderson County Government Purchasing Policy
Statement to the Board. The purpose of
the presentation is to begin an effort in which the County can work to
strengthen the local economy by purchasing and contracting with local business
as provided for within the framework of the law. We have had conversations individually and he
asked the
Contracts below NC Competitive Bidding Threshold
In the procurement of
apparatus, materials, supplies, services or equipment by the County that have a
total contract cost of less than $30,000, preference will be given to local
County vendors in the event price, quality and delivery time are equal to that
proposed by out of County vendors if it is deemed in the best interest of
Henderson County. This sends a very
strong signal to each of the 25 departments that they are to “look local
first.”
Contracts requiring competitive bidding
While complying with
Disclaimer
This policy should not
be interpreted as restricting requests for bid proposals from local vendors
only. The purpose of this policy is to
assure that local vendors have an opportunity to participate in County
contracts.
There are circumstances
when you get above another level where you must go through the entire public
bidding process; put an ad in the newspaper and accept sealed bids during a
specified time. In his opinion, this
proposed policy will comply with
Commissioner Williams
suggested a change in the first paragraph, changing the word equal to
comparable, substantially equal or competitive; meaning something that is
close. Mr. Burrell responded that this
could not be done. It is the combination
of price, quantity and delivery time that have to be equal and not each of the
factors during a non-bidding context. Commissioner
Williams also suggested a implementing a data base for local vendors so that
they could be contacted when a certain job was being solicited.
Chairman Moyer questioned
the wording in the Contracts below NC Competitive Bidding Threshold. It is not really oriented toward
services. He also questioned how anyone
would verify this. Mr. Wyatt stated that this policy covers what
and when but did not cover the how in the administration. If the Board decides to move forward with
this, we would meet with our department heads and go through it and state what
the expectations are and a review process would follow.
Further discussion
followed and a decision was made to ask the
AGREEMENT WITH RADIO HENDERSONVILLE, INC.
The County’s agreement
with Radio Hendersonville, Inc., regarding cablecast audio has expired. Further direction is sought regarding the
Board’s desires in this regard.
Chairman Moyer noted
that the one thing that the Board does not feel that Radio Hendersonville, Inc.
is in compliance on the disclaimers with respect to religious and political
programming. The
DESIGNATION OF
The Board is requested
to have discussion regarding the
After the Board’s last
meeting, Mayor Bellamy and Chairman Moyer had a discussion about the water
agreement and they had a subsequent discussion because she was very unhappy
with Chairman Moyer’s statements with respect to threatened possible litigation
as he felt they were out of line and the City was working to comply. Mayor Bellamy felt that by virtue of giving
the County a seat on the Authority Board, at no cost to us, that should be
taken into consideration and weigh heavily into resolving our issues under the
water agreement. Chairman Moyer had
expressed to Mayor Bellamy that he did not agree and these are two separate
issues. The Airport Authority Board
places a representative on the Board from
Commissioner McGrady has
been attending most of the Airport Authority Board meetings and he was
surprised hearing Mayor Bellamy’s perspective on this. This started with the Airport Authority
coming to
Chairman Moyer made the motion that the Board takes no
action until after the next meeting of the Airport Authority Board and at that
time reconsider and take action as the Board deems appropriate at that
time. All voted in favor and the motion
carried.
There was nothing
further at this time.
The
IMPORTANT DATES
Chairman Moyer reminded
the Board of the NACO Conference July 11 -15 in
Schedule Tour of
Chairman Moyer made the motion that the Board set a Special
Called Meeting on Wednesday, July 23, 2008 at 9:00 am at the
Schedule a public
hearing for 2008 Rural Operating Assistance Program (ROAP) Funds
Commissioner McGrady made the motion that the Board schedule
a public hearing on the 2008 Rural Operating Assistance Program grant
application for Tuesday, August 12, 2008 at 7:00 pm. All voted in favor and the motion carried.
Set Public Hearing on
Vested Right Amendment Application (VR-2007-03-A1) for the development known as
“Biltmore Farms Hammond Tract”
Chairman Moyer requested
that Planning Director Anthony Starr look for other dates that this public
hearing may be held and bring it back to the Board at the next meeting.
Commissioner Williams
gave a brief update in regards to the Agriculture and Economic
Development. Several months earlier the
Board of Commissioners had approved a couple of different projects related to
agriculture and economic development for agriculture. Funding was approved for two primary pieces
of that puzzle; a cold storage facility for Apple Wedge Packers and the
development of a farmland protection plan for
CANE CREEK WATER & SEWER DISTRICT
Commissioner Messer made the motion that the Board adjourn
as the
Commissioner McGrady made the motion that the Board adjourn
as Cane Creek Water & Sewer District and reconvene as the
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:
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.
Commissioner
McGrady made the motion that the Board go out of closed session. All voted in favor and the motion passed.
ADJOURN
Commissioner McGrady made the motion to adjourn. All voted in favor and the motion carried.
Attest:
______________________________________ ________________________
Teresa L. Wilson, Deputy Clerk to the Board William L. Moyer, Chairman