MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at
Those present were: Chairman Bill Moyer, Commissioner Charlie
Messer, Commissioner
Also present were:
Planning Director Anthony Starr, Fire Marshal Rocky Hyder, Finance Director J. Carey
McLelland, Deputy Clerk to the Board Terry Wilson, Research/Budget Analyst Amy
Brantley, Engineering and Facility
Services Director Marcus Jones, Director of Communications Lisha Corn, Planner
Hope Bleecker, Sheriff Rick Davis, Detention Center Director Greg Cochran,
Human Resource Director Jan Prichard, Tax Collector Terry Lyda, Delinquent Tax
Collector Lee King, Auxiliary Business Manager for the Sheriff’s Department
Bill Blalock, Larry Harmon from Travel & Tourism and Communications Officer
Pam Brice.
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance, reminding folks that both
of the regularly scheduled meetings for August had been cancelled and one
meeting rescheduled to today.
PLEDGE OF ALLEGIANCE
Ciara Wallace, Wild Cats
4-H Club, led the Pledge of Allegiance to the American Flag.
INVOCATION
County Manager Steve
Wyatt gave the invocation.
INFORMAL PUBLIC COMMENTS
Chairman Moyer asked
each person who had signed up for informal public comments to please limit
their time to about 3 minutes.
1.
Larry Rogers – Mr. Rogers represents the Partners for
Economic Progress which is about 70 businesses and property owners. He
addressed the Board regarding the drought and requested the Commissioners try
to sway the City Council in lessening the water restrictions. The restrictions the City of
Chairman Moyer stated
the Board would be discussing the issue of drought/water later in the agenda.
Chairman Moyer spotted
scoutmaster Larry Harmon in the audience and asked Mr. Harmon if he had anyone
present for a special badge or maybe to speak.
Mr. Harmon stated one of his scouts present was working on his communications
merit badge and was present just to observe.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested
the Sheriff update the Board on some workplace enforcement activities which
took place in our area today, stating he would give the Sheriff the opportunity
to speak to this issue immediately before the Consent Agenda.
Chairman Moyer requested
the addition of “Water Restrictions” as
the first item under Discussion Items, before item A. Between Item H and Item I he suggested adding
a discussion item with respect to Demolition Debris under Unusual
Circumstances.
Chairman Moyer also
requested to add two economic development matters at 7:00 p.m. before going
into the public hearings.
There were no further
changes to the agenda suggested.
Commissioner Young made the motion to approve the agenda
with the changes listed above. All voted in favor and the motion carried.
SHERIFF DAVIS – UPDATE ON WORKSITE ENFORCEMENT
ACTION
Sheriff Davis said about
three months ago he was contacted by the ICE (Immigrations Customs Enforcement)
supervisor out of the
He informed the Board
that earlier today Immigrations Customs Enforcement began an operation in
Chairman Moyer
questioned whether they were using any of our facilities to detain any of the
people. Sheriff Davis answered that there were none that have been detained
here. They will go to Mecklenburg and to
Chairman Moyer also
asked Sheriff Davis to comment on the License/DUI Check over the week-end.
Sheriff Davis explained
they had a state-wide campaign that they participated in with approx. 13
arrests for everything from DWI, drug possession, concealed weapons, stolen
vehicles, etc. This was part of a larger
state-wide campaign and had nothing to do with 287G or anything immigration
related. Anybody that happened to stray into the license checks and were in
violation of some type of category of law were arrested, which is what they
normally do on a daily basis.
CONSENT AGENDA
Commissioner McGrady had
given the Clerk some adjustments to two of the sets of minutes. Commissioner McGrady made the motion to
approve the consent agenda. All voted in favor and the motion carried.
The consent agenda
consisted of the following:
Minutes
Draft minutes were
presented for the Board’s review and approval of the following meetings:
May 5, 2008 Regularly
Scheduled Meeting
May 21, 2008 Regularly
Scheduled Meeting
May 27, 2008 Special
Called Meeting
July 16, 2008 Regularly
Scheduled Meeting
July 23, 2008 Special
Called Meeting
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, had provided the tax report dated August 1, 2008, for the Board’s
information and consent approval.
Financial Report – Unaudited/Cash Balance Report – June 2008
Included in the agenda
packet for the Board’s review and approval were the June 2008 Unaudited County
Financial Report and Cash Balance Report. (*This report includes $6.4 million
of estimated General Fund revenues primarily from sales tax and DSS revenues
accrued as accounts receivable at June 30th.) Accounts receivable
was included in Reserved General Fund Balance since the revenues have not been
received as of fiscal year-end.
The fiscal year-end
deficit in the Revaluation Reserve Fund of $9,793 is offset by unreserved fund balance
of $9,955 available in the Fund at June 30, 2008.
The fiscal year-end
deficit in the Travel & Tourism Fund is from additional advertising
expense, a new vehicle purchase and capital building project costs which are
covered by an appropriation of fund balance ($205,000) to cover these expenses
in FY2008.
Staff requested the Board consider approving the County’s June 2008 Unaudited
Financial Reports as presented.
Suggested Motion: I move
that the Board of Commissioners approve the June 2008 Unaudited County
Financial Report and Cash Balance Report as presented.
Henderson County Public Schools Financial Report – June 2008
Included in the agenda
packet was the Henderson County Public Schools June 2008 Unaudited Financial
Reports for the Board’s information.
School Staff requested
the Board consider approving the School System’s June 2008 Unaudited Financial
Reports as presented.
Suggested Motion: I move
the Board of Commissioners approve the June 2008 Unaudited Henderson County
Public Schools Financial Reports as presented.
The EMS Accounts
Receivable Report was provided as information for the Board. An aging analysis
of accounts receivable and total revenues received to date for the current
fiscal year was included in the report as of June 30, 2008.
The billing process for
Staff requested the
Board consider approving the EMS Accounts Receivable Report as presented for
the period ending June 30, 2008.
Suggested Motion: I move
the Board of Commissioners approve the EMS Accounts Receivable Report as
presented.
Water Line Extension – Vistas at Champion Hills
The City of
Action by the Board of
Commissioners is needed to either grant or deny this request. If the Board
decides to approve the requested extension, the following motion was provided.
Suggested Motion: I move
the Board approve the Vistas at Champion Hills water line extension and direct
Staff to convey the County’s comments to the City of
Non-Profit Performance Agreements
Subsequent to the
approval of the FY 2008-2009 Budget, staff had distributed the funding
agreements to the non-profit agencies receiving County allocations. Staff will
include signed funding agreements on the Board’s consent agendas as they are
received from the agencies.
Staff recommended the
Board authorize the Chairman to execute the funding agreements provided, and in
doing so, authorize the release of the first of the aforementioned agencies’
quarterly allotments.
Suggested Motion: I move
the Board authorize the Chairman to execute the provided funding agreements
and, in doing so, authorize the release of the first of the aforementioned
agencies’ quarterly allotments.
Recreation Department Budget Amendment
To provide the best
possible maintenance services to
Staff requested the
Board approve the budget amendment as presented.
Suggested Motion: I move
the Board approve the budget amendment as presented.
Rescue Squad Budget Amendment
In the FY 2007-2008
budget, the Board of Commissioners approved $40,000 for some expansion at the
Williams Street Complex for additional storage for the Rescue Squad. Since the
total project cost was to run $60,000 - $70,000, the Board of the Rescue Squad
elected to begin this project late spring of 2008, to better suit the Rescue
Squad’s funding stream since their annual fundraiser is conducted during the
winter.
Due to some issues such
as joint use needs for the site as well as a recently discovered public
right-of-way for part of the parcel, the timeline experienced a setback. The
Rescue Squad had intended to use the full $40,000 approved by the County by the
end of FY 2007-2008. However, those unforeseen issues have delayed some of the
expected costs including the footers, foundation and framework.
The Rescue Squad has
requested those funds be rolled over into the current fiscal year for use. This
would enable them to resolve these issues that have come up, and complete the
project in the fall/winter timeframe.
These funds were
budgeted in the Capital Project Fund for FY 2008. Therefore the funds may be
transferred for the Rescue Squad’s use with no increase to the overall general
fund budget.
The Board was requested
to approve the budget amendment as presented.
Suggested Motion: I move
the Board approve the budget amendment as presented.
Pursuant to Board
discussion at the July 7, 2008, and July 16, 2008, meetings regarding a purchasing
policy for the County, Staff had worked on the specifics for such a policy.
Included in the agenda packet was a draft Henderson County Government
Purchasing Policy Statement, which reflects revisions based on the Board’s
discussion.
The Board was requested
to approve the purchasing policy as presented.
Suggested Motion: I move
the Board approve the Henderson County Government Purchasing Policy Statement.
Change in easement for
The maintenance
agreement is a restatement of existing law, namely, that if any party holding
an interest in the easement wishes to improve it, they bear the sole cost of
doing the same, and neither the underlying property owner (the condominium
association, of which the County owns an interest) nor the easement holder (the
Community College) can be forced by the other into paying for a part of the
same.
The second document
modifies slightly the easement for the former
County and Hospital
Corporation representatives were present and prepared to answer questions or
give further information, if requested.
Staff requested the
Board approve the proposed agreements.
Suggested Motion: I move
that the Board approve the agreements attached to this agenda item, and
authorize the Chairman to execute them on behalf of the Board.
2009
The proposed 2009
Holiday Schedule for Henderson County Local Government agencies was provided
for the Board’s review and approval as follows:
|
|
DATE(S) |
WEEKDAY(S) |
|
New Year’s Day |
January 1, 2009 |
Thursday |
|
ML King, Jr.’s
Birthday |
January 19, 2009 |
Monday |
|
Good Friday |
April 10, 2009 |
Friday |
|
Memorial Day |
May 25, 2009 |
Monday |
|
Independence Day |
July 3, 2009 |
Friday |
|
Labor Day |
September 7, 2009 |
Monday |
|
Veteran’s Day |
November 11, 2009 |
Wednesday |
|
Thanksgiving |
November 26 & 27,
2009 |
Thursday & Friday |
|
Christmas |
December 24 & 25,
2009 |
Thursday & Friday |
The Board was requested to approve the
schedule as presented.
Suggested Motion: I move the Board
approve the 2009 Holiday Schedule as presented.
Resolution Requesting Funds for Road Improvements for
Edneyville Elementary
The North Carolina
Department of Transportation has offered to construct a left turn lane and
install a traffic signal at the intersection of US 64 and
Staff requested approval
of the draft resolution.
Suggested Motion: I move
the Board of Commissioners approve the “Resolution Requesting Funds for Road
Improvements for Edneyville Elementary”.
Grant of easement to Duke Power
Duke Energy Carolinas
has notified County Engineer Marcus Jones that they will require an additional
right-of-way to install the power lines required at the
Staff requested approval
of the grant of the right-of-way easement.
Suggested Motion: I move
the Board grant to Duke Energy Carolinas, LLC, the right-of-way easement as
shown on the document included in this agenda item.
Curtis Griffin, Property
Addressing Coordinator, arrived at 5:48 p.m.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will be on the next agenda for nominations:
1.
Community
Child Protection Team (CCPT) – 1 vac.
2.
3.
Historic
Resources Commission – 1 vac.
4.
Juvenile
Crime Prevention Council – 1 vac.
5.
WCCA
Board of Directors (
Nominations
Chairman Moyer explained
that the Asheville Airport Authority Board had taken up the issue of the 7th
member of their Board at their most recent meeting. The six members chose
Commissioner Chuck McGrady who has been attending those meetings for about two
years as
Commissioner McGrady
explained that he is serving in an at-large slot. Three members are chosen by the City of
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
1.
Board of Directors of
the Henderson County Historic Courthouse Corporation (which does business as
the
Chairman Moyer stated
the Heritage Museum Board is still working on their procedures and people so
this is not ready for action at this time.
2.
Child Fatality
Prevention Team – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
3.
Community Child
Protection Team (CCPT) – 1 vac.
Commissioner McGrady
nominated Karen Cottingham to position # 5.
She has indicated her willingness to serve. We do not have her
application as yet. Chairman Moyer made
the motion to accept Ms Cottingham by acclamation, subject to receipt of her
application before the next Commission meeting. All voted in favor and the
motion carried.
4.
There were no
nominations at this time so this item was rolled to the next meeting.
5.
Environmental Advisory
Committee – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
6.
There were no
nominations at this time so this item was rolled to the next meeting.
Commissioner Young is working on locating a Dentist willing to serve on this
Board.
7.
Chairman Moyer informed
the Board that Toby Linville recommends the appointment of Joanne M. Telker to
position #8. He made that nomination. Chairman
Moyer made the motion to accept Ms. Telker by acclamation. All voted in favor
and the motion carried.
8.
Chairman Moyer explained
that Kenneth Stubbs and Joe Cox are currently serving and both are willing to
be reappointed. There were no other nominations. Commissioner McGrady nominated
both for reappointment. Chairman Moyer
made the motion to reappoint Kenneth Stubbs to position #1 and Joe Cox to
position #2. All voted in favor and the motion carried.
9.
Historic Resources
Commission – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting
10.
Juvenile Crime Prevention
Council – 11 vac.
Chairman Moyer explained
that we have a recommendation from JCPC for the appointment of Nathan Stallings
to position #4 and Holly Kiel to position #19. Chairman Moyer nominated both as
recommended. Commissioner McGrady made
the motion to close nominations and appoint both Stallings and
11.
Mountain Area Workforce
Development Board – 2 vac.
Chairman Moyer explained
there are two vacancies and we have a recommendation that Andrew Tate be the
Commissioner’s appointee to position #5. He nominated Andrew Tate. Chairman Moyer made the motion to accept
Andrew Tate by acclamation. All voted in favor and the motion carried.
12.
Nursing/Adult Care Home
Community Advisory Committee – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting
13.
Senior Volunteer
Services Advisory Council – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting
Terry Wilson informed
the Board that she had received a recommendation from Helen Beck for the
Mountain Area Workforce Development Board, Gary Droghini for position #6.
Commissioner McGrady nominated Mr. Droghini. Chairman Moyer made the motion to appoint Mr. Droghini by acclamation. All
voted in favor and the motion carried.
WATER RESTRICTIONS – This was an add-on.
Chairman Moyer explained
that the Commissioners and staff have heard from many citizens with respect to
the water restrictions the City of
Chairman Moyer read the
draft letter for those in attendance while the Board read the letter for
themselves. The letter was addressed to Mayor Greg Newman, City of
Steve Wyatt stated that
Gary Jackson, City Manager for
Commissioner Williams
stated he had heard from numerous residents and business owners. Some have had
to lay people off. There are sizable investments that are at risk. He stated he
would like to see the mandatory aspect of the restrictions lifted. He feels
most people will use common sense. He
does strongly encourage conservation measures. Commissioner Williams endorsed
the letter but felt it could even be stronger.
Commissioner McGrady was
fully supportive of sending the letter. He suggested that Mayor Terry Bellamy
be copied.
Commissioner Messer was
also supportive of the letter. He stated
he had talked with many business owners since the restrictions had been
implemented. He stated this is an issue
that can be resolved with all parties cooperating.
The Hendersonville City
Manager, Bo Ferguson was present along with Lee Smith, Utilities Director for
the City. Mr. Ferguson stated that, legal entanglements with the City of
A copy of the revised
letter is included and incorporated as a part of these minutes.
After being questioned,
Bo Ferguson explained the City of
Discussion followed.
Plans have been made for
the City to lay a tap to the
The Towns of Laurel Park
and
Chairman Moyer made the motion that the Board send the
drafted letter deleting the last sentence in the second paragraph as suggested
by Commissioner Williams and that we get this letter out tomorrow morning. Commissioner Williams
suggested that additional language be put into the letter requesting the City
to look immediately to meet the needs that are not being met, particularly in
our business community. Chairman Moyer revised the letter, in the beginning of
the second paragraph it would state “
TAX COLLECTION SETTLEMENT FY 2007-2008; FY 2008-2009
Tax Order For Collection
It is time once again
for the delivery of the tax receipts to the Henderson County Tax Collector;
however before they can be delivered, the following must occur (pursuant to
NCGS 105-351):
(a) PREPAYMENTS. The Tax Collector must deliver any
duplicate bills printed for prepayments received by the Tax Collector to the
Finance Director and demonstrate to the Finance Director’s satisfaction that
all prepayments received have been deposited.
(b) SETTLEMENT. The Tax Collector must make
settlement with the Board of Commissioners for all taxes placed in his hands
for collection for the past year.
(c) BOND. The Board of Commissioners must
approve the bond to be issued for the Tax Collector and Deputy Tax Collector
for Delinquent Taxes.
(d) ORDER OF COLLECTION: An Order of Collection must be adopted at
this meeting, which will charge the Tax Collector with the collection of FY
2009 taxes, plus all outstanding delinquent taxes.
Terry F. Lyda, Tax
Collector read the Tax Collector’s Settlement for FY 2007-2008 reporting that
as of the close of FY 2007-2008, his office collected 98.38% of the annual tax
bills and have collected 89.52% of the motor vehicle tax bills. The collections percentages for this year are
a record for the Tax Collector’s Office. Mr. Lyda thanked his staff for their
hard work and dedication toward accomplishing this record year. He stated their
collection percentages remain well above the last reported state average of
97.43%.
Chairman Moyer
congratulated Mr. Lyda and his staff, stating it is good to see that percentage
continue to climb.
Lee King, Deputy Tax
Collector, stated that they experienced a record year for delinquent
collections, collecting $1.4 million, exceeding the budgetary requirement of
$1.2 million. They began with over 1,500 real estate accounts with taxes for
2005 in arrears and are now down to five properties to be sold at auction
sometime this fall. The debt set-off really sky-rocketed this year. They have
collected $106,858.50 in delinquent taxes on motor vehicles and well as debts
owed to other county agencies. They collected $288,000 through the use of 205
bank account garnishments. They have had
to do more enforced collections with the economy the way it is. They will
concentrate on personal property enforced collections this next fiscal year.
Mr. King stated that the teamwork they have in their office has made this
possible.
Commissioner Williams made the
motion for the Board to approve the Tax Collector’s Settlement for FY 2008 taxes,
and further approve the Bonds, the Order of Collection and Charge for
Collection to the Tax Collector for FY 2009 taxes.
Russell Burrell
explained that by adopting the tax collector’s settlement as stated in the
above motion, the Board would be adopting by reference the following:
The Tax Collector’s Settlement
Approving Bonds
Giving an Order of Collection and Charge for the
Collection
All voted in favor and the motion carried.
Recess
Chairman Moyer called a
brief recess to change tapes.
TWO ECONOMIC DEVELOPMENT MATTERS – Add-ons
Chairman Moyer stated
that the Board is pleased to deal with two economic development matters before
starting on the 7:00 public hearings. He
recognized Andrew Tate, Partners for Economic Progress. He welcomed Lois Pryor,
Councilwoman for the Town of Mills River and Steve Floyd of Prince
Manufacturing, who were in the audience.
Andrew Tate explained
that he was happy to have the opportunity to be at this meeting. He reminded the Board that several months ago
the Board held a meeting and a public hearing on what was called “
Russell Burrell welcomed Mr. Floyd and Chairman Moyer to the table to sign the
proposed incentives agreement. This agreement sets out what terms the
Commissioners agreed to offer as incentives. It is ready to go and the plant is
ready to commit now to the project.
Mr. Floyd stated that all the folks associated with Prince Manufacturing are
appreciative of the incentives and the opportunity to grow the business here in
Chairman Moyer and Mr.
Floyd signed the required agreements and gave them to the
Second Economic Development item
Chairman Moyer
recognized Andrew Tate to come forward and update the Board.
Andrew Tate referred to
“Project Performance Plus” which was named by Arvin Meritor as they started the
process in May of 2007. Their plan at that
point in time was to close 13 facilities globally and to roughly cut 2,800
jobs. They still continue to move
through that process and the impact locally and throughout the region of
western
Andrew Tate explained
that last week they had the opportunity to meet with the senior director that
lead the Performance Plus process, Jerry Rush, as well as the Chairman, CEO,
and President of Arvin Meritor, Chip McClure. Mr. McClure came to
PUBLIC HEARING – New Road Names
Commissioner McGrady made the motion for the Board to go
into public hearing. All voted in favor and the motion carried.
Curtis Griffin stated
that there are three new road names to
present for approval:
New
Road Names
Wampus Run
Evenstar Crest
Public Input
There was none.
Commissioner Williams made the motion that the Board approve
these road names as presented. All voted in favor and the motion carried.
Commissioner McGrady made the motion for the Board to go out
of public hearing. All voted in favor and the motion carried.
PUBLIC HEARING – Permanently Closing of Easement
Commissioner McGrady made the motion for the Board to go
into public hearing. All voted in favor and the motion carried.
Curtis Griffin explained
that on June 2 the Board of Commissioners adopted a resolution with the intent
of closing the easement on the
Staff recommended
approving permanent closure of easements on the said property and upon approval
signing Order of Closure (included in agenda packet) for recording with the
Public Input
There was none.
Attorney Walter
Carpenter came forward stating that he represents Ms. Mull. He was present as
was Ms. Mull to answer any questions. He said the easement in question is
through their own property (the Mulls).
Commissioner McGrady 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.
PUBLIC HEARING – NCDOT 2009 Rural Operating
Assistance Funds (ROAP)
Commissioner Williams made the motion for the Board to go
into public hearing for the NCDOT 2009 Rural Operating Assistance Funds
Application. All voted in favor and the motion carried.
Hope Bleecker explained
this is an application for $249,440 to NCDOT for RGP and EDTAP funds. It is a
proforma program and we have done it in the past with some success. We would
like to repeat the program again. There is a slight modification to the
Edneyville Transit component of this application, the hours are being reduced
slightly.
The Board of
Commissioners had scheduled for August 12, 2008, a public hearing on an
application for a North Carolina Department of Transportation Rural Operating
Assistance Grant (ROAP) in the amount of $249,440. If awarded, the funds will
provide assistance for Apple Country Transit Operations in the rural areas of
the County.
These grant funds are
received each year by
A notice of Public
Hearing was published in the Hendersonville Times-News on July 15, 2008 which
fulfills the NCDOT requirements for this grant application.
The Board of
Commissioners must hold a public hearing on the application, receive public
comment, approve the Certified Statement (included as Appendix A), and
authorize staff to file the application with the North Carolina Department of
Transportation subject to any comments at the hearing.
Planning Staff requests
the Board of Commissioners hold the scheduled public hearing; approve the
Certified Statement (Appendix A); and authorize staff to file the ROAP
application with NCDOT. There is no match funding other than some staff time
involved in putting the application together. It does require a 10% match which
is paid for by WCCA, the operator of the program.
Public Input
There was none.
Commissioner McGrady made the motion that the Board approve
the application and Certified Statement and authorize the Chairman and Staff to
execute and submit any required documents, assurances, and statements for the
2009 ROAP application. 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 – 2008 Community Development
Block Grant SSH Application
Commissioner McGrady made the motion that the Board go into
public hearing on the 2008 Community Development Block Grant SSH Application.
All voted in favor and the motion carried.
Gary Wilson addressed
the Board regarding the 2008 Scattered Site Housing (SSH) Community Development
Block Grant (CDBG). The application cycle is underway and
No local match (County
funds) is required for this grant. It is expected that the grant will provide
for the rehabilitation of 6-8 homes where the family qualifies under CDBG
regulations.
Planning Staff
recommended the Board of Commissioners approve the application for the 2008
Scattered Site Housing Grant for $400,000 and authorize staff and the Chairman
to execute the required documents.
Public Input
There was none.
Commissioner Williams made the motion that the Board approve
the 2008 CDBG Scattered Site Housing Grant for $400,000 and authorize the
Chairman and staff to complete and execute the application and any associated
documents, information, agreements, assurances and understandings required as
part of the application. 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 – 2008 CDBG Community
Revitalization Grant Application
Commissioner McGrady made the motion that the Board go into
public hearing on the 2008 CDBG Community Revitalization Grant Application. All
voted in favor and the motion carried.
Karen Kenna (
The project includes the
rehabilitation of six single family owner occupied residential housing units
and 866.68 linear feet of roadway paving improvement with curb-gutter
stormwater controls. All proposed activities are along
The full application has
been available in the Planning Department for public review. The deadline for
application to the State is August 29, 2008. The estimated project cost is
$850,000 and no County funds are proposed.
Planning Staff requested
approval of the application after holding the hearing and receiving public
comment.
Public Input
There was none.
Commissioner McGrady made the motion that the Board approve
the application to the Division of Community Assistance for the Community
Revitalization grant program for the housing rehabilitation, roadway
improvements and stormwater control activities and authorize the execution and
submittal of any necessary application documents. All voted in favor and the
motion carried.
Commissioner McGrady made the motion for the Board to go out
of public hearing. All voted in favor and the motion carried.
PUBLIC HEARING – Consideration of Granting
Economic Incentives to Selee Corporation
Commissioner McGrady made the motion that the Board go into
public hearing to consider granting economic incentives to Selee Corporation.
All voted in favor and the motion carried.
Russell Burrell
explained that Selee Corporation has requested economic development incentives
to assist in the expansion of its existing plant, resulting in the addition of
new jobs.
Selee Corporation is a manufacturing concern, a unit of
Porvair P.L.C., a British concern
Operating worldwide, including a plant located near
Public benefit to be derived from the capital project is
a total new taxable capital
Investment in the amount of approximately $3,000,000.00
in machinery and equipment (“the
Investment”) over two years, creating not fewer than 23
new full-time employment positions.
The incentives requested are assistance toward actual
expenditures incurred in the
Company’s plan to construct its operation, up to a
maximum payment of $48,510.00, to
be paid over a period of six years. Each year’s incentive
payment would be no greater
than $9,702.00.
A public hearing has
been scheduled on August 12, 2008 in the above matter.
At the conclusion of the
public hearing, the Board may choose to take action, delay action to a
subsequent meeting, or take no action.
Andrew Tate, Chamber of
Commerce, spoke on behalf of the project. He stated this is a strong expansion
project with roughly $3 million in machinery and equipment expansion, the
creation of 23 new jobs, and two retained jobs. They offer strong wages
including four engineers that will be paid roughly $80,000 a year which ends up
$109,000 with benefits. Total wages and benefits for all positions impacted
would be in excess of $56,000 a year. His position is that this is a strong
company that has done well in
Public Input
There was none.
Commissioner Williams made the motion that the Board offer a
grant of economic development incentives to Selee Corporation as stated in the
materials accompanying this agenda item, with a contract to be developed by the
Office of the County Attorney and executed by the Chairman. 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.
Chairman Moyer stated it
is interesting to note that these are tough times, there have been some
announcements with respect to cut-backs that will affect some of the companies
in our area but tonight we have had a number of very positive steps that are
being taken with respect to some of our companies and some of the ones we hope
to bring here which is certainly positive for our area.
BID FOR E911
Lisha Corn explained
that the Henderson County Sheriff’s Office requested bids for the upgrade and
expansion of the radio console equipment in the E-911 Communications Center at
a total cost of $552,183. The Sheriff requests that the Henderson County Board
of Commissioners consider approving the bid proposal and contract agreements
from Motorola, Inc. (included in agenda packet) for the project that has been approved
for funding in the FY 2009 budget.
Lisha Corn explained
that they have had the same system for the last eleven years and it has been
running 24 hours a day. It is on a
Windows MT Operating System which Microsoft doesn’t even support anymore. She said
we’re lucky that we haven’t had a problem with the current system, it’s just a
matter of time with the amount of use it gets. All of the software will be
upgraded to the latest version and we’ll add two new consoles. With the
continued growth in
Carey McLelland stated
that financing proposals were also requested to fund this project. Included in
the packet were the bank financing proposals received. RBC Bank submitted the
lowest responsive proposal to finance the $552,183 project cost with a 3.63%
interest rate over five years and annual debt service payments of $122,872.53.
The annual payment is within the $140,000 budgeted for debt service in the
current fiscal year. Draft financing documents were included for the Board’s
review. Staff requested the Board approve the financing proposal from RBC Bank
to fund this project.
Carey McLelland stated
that the Board was requested to consider approving the bid submitted by
Motorola, Inc. for the E-911 Communications Center Radio Console Upgrade/Expansion
Project. The Board was also requested to approve the draft resolution which
accepts the financing proposal from RBC Bank and authorizes the Chairman and
County Staff to execute and deliver the financing documents (Resolution
Authorizing the Execution and Delivery of an Installment Financing Contract in
the Amount of $553,000.00 with RBC Bank [USA] To Finance the Acquisition of
Certain Equipment For Use By the County of Henderson, North Carolina,
Authorizing the Execution and Delivery of Related Instruments, and Determining
Other Matters in Connection Therewith.)
Charles Stafford, from
Motorola, was also present to answer any questions the Board might have.
Commissioner McGrady made the motion that the Board of
Commissioners approve the bid submitted by Motorola, Inc. for the E-911
Communications Center Radio Console Project and the draft resolution which
accepts the financing proposal from RBC Bank and authorizes the Chairman,
Vice-Chairman and County Staff to execute and deliver the financing documents.
All voted in favor and the motion carried.
Commissioner Messer
commended staff for getting on board early and making this happen and commented
on the good finance rate we got for this.
INSURANCE /RISK MANAGEMENT UPDATE
Steve Wyatt wanted to
share a success story that is the result of a lot of hard work on a lot of
folks' behalf about 2- 2.5 years ago. The
attention to these mattes has resulted in a substantial savings for the
taxpayers of
Jan Prichard, Human
Resources Director, provided the Board with an update on insurance and risk
management history for
Health Benefits Cost History (includes Health,
Dental, Prescription plus administrative fees and any other management fees):
FY
2004-2005 our health benefits costs were $4.86 million.
FY
2005-2006 our health benefits costs were $5.546 million (up 14.1% over past
year).
FY
2006-2007 our health benefits costs were $6.23 million (up 12.4% over past
year).
FY
2007-2008 our health benefits costs were $5.95 million (down 4.47% from past
year).
How was this achieved?
Development of new
program to contain costs with a goal of no more than 8% increase.
·
Became
self-insured in FY 2006-2007
·
Implemented
Plan design changes
·
Implemented
Wellness Program
Thus, exceeded our goal
by achieving $278,550 reduction in net costs for FY 2007-2008.
Budgeted FY 2007-2008 $6,226,053
Actual Net Costs $5,953,318
Under Budget $ 272,735 (4.38%)
Workers Compensation Cost History
FY 2004-2005 our workers comp costs were $1.23 million.
FY 2005-2006 our workers comp costs were $1.198 million
(down 2.0% from past year).
FY 2006-2007 our workers comp costs were $293,311 (down
75.5% from past year).
FY 2007-2008 our workers comp costs were $344,608 (up
17.5% from past year).
How was this achieved?
Designed new program to
decrease costs
·
Became
self-insured in FY 2006-2007
·
Enhanced
safety training for employees
·
Redirected
Safety Committee efforts
·
Pro-active
claims management
Thus, experienced a cost
avoidance of $1,758,939 in last 2 years.
Budgeted FY 2007-2008 $537,054
Actual Net Costs $344,608
Under Budget $192,446 (35.8%)
Property & Liability Cost History
FY 2004-2005 our p &
l costs were $621,912.
FY 2005-2006 our p & l costs were $612,941 (down
1.44% from past year).
FY 2006-2007 our p & l costs were $633,029 (up 3.28%
over past year).
FY 2007-2008 our p & l costs were $732,721 (up 15.7% over
past year).
FY 2008-2009 our p & l costs are $648,717 (down
11.46% from past year).
How was this achieved?
Staff developed program
to control costs
·
Implemented
defensive driving training
·
Plan
design change
·
Pro-active
claims management
Thus, achieving savings
of $84,004 in premiums for FY 2008-2009.
Steve Wyatt commended
Jan Prichard and her staff, stating that we’ve saved $2 million in the last two
years on these programs. We’ve gone from this program being a substantial
financial drain on the county to where we think we now have a model program.
LAND DEVELOPMENT CODE NEW TEXT AMENDMENTS FROM
ISSUES/CONCERNS VOICED DURING PUBLIC HEARING ON 3/27/08
Anthony Starr reminded
the Board that on March 27, 2008, the Board held a public hearing on amendments
to the Henderson County 2020 Comprehensive Plan and Chapter 200A, Land
Development Code (LDC). During the hearing, several citizens requested the
Board of Commissioners address two new issues pertaining to the Land
Development Code. The Board of Commissioners directed staff to consider these
requests and develop recommendations on the issues. These issues include:
1.
The
text of the R-40 (Estate Residential) zoning district was included in the LDC.
The old zoning ordinance did not include the provision for conservation
subdivisions. At the request of the Board, the text for the R-40 district was
left intact. A request was made during the 3-27-08 hearing to allow the
conservation subdivision option in the R-40 zoning district.
2.
The
issue of the existing manufactured homes standards and the exclusion of
manufactured homes from certain zoning districts were discussed during the
hearing. Several requests were made to allow manufactured homes in the R1 and
R2 zoning districts with additional standards and requirements.
Staff had proposed the (attached)
text amendments to the Land Development Code to address the above two issues
(Attachment 1).
The Henderson County
Technical Review Committee (TRC) voted 7-0 to recommend the Board of
Commissioners approve text amendment 1 to allow the conservation subdivision
option in the R-40 zoning district. The TRC voted 5-2 to recommend the Board of
Commissioners approve text amendment 2 to allow multi-sectioned manufactured
homes in the R1, R2, R-40, WR, and LC zoning districts with changes to SR1.5,
4-b-2 as discussed. Those opposed to the motion stated that the older
multi-sectioned manufactured homes were not built to the same quality and
appearance standards as today’s newer manufactured homes. Staff supports the
TRC’s recommended change to SR 1.5, 4-b-2.
The Henderson County
Planning Board first considered the proposed LDC text amendments at its meeting
on June 19, 2008 at which time the Board voted 6-0 to send the Board of
Commissioners a favorable recommendation on text amendment 1 to allow
conservation subdivisions in the R-40 zoning district. The Planning Board
tabled its discussion of text amendment 2 until its July 17, 2008 meeting at
which time the Board voted 6-0 to send the Board of Commissioners a
recommendation to deny text amendment 2 to allow multi-section manufactured
homes in the R1, TR2, R-40, SW and LC zoning districts.
Before taking action on
the proposed text amendments, the Board of Commissioners must hold a public
hearing. If the Board is so inclined, Staff proposed the hearing be scheduled
for Wednesday, September 17, 2008, at 11:00 a.m., or schedule a special called
meeting on or after that date. Staff recommended both changes after a lot of
careful study.
Discussion followed.
Commissioner McGrady made the motion that the Board schedule
a public hearing for the proposed text amendments from issues and concerns
voiced during the 3-27-08 public hearing for Wednesday, September 17, 2008 at
11:00 a.m.
Chairman Moyer felt that
would not be a good date for the public hearing as it is a regular scheduled
meeting. He felt it best to schedule this during important dates.
Commissioner McGrady withdrew his motion.
Commissioner McGrady made the motion that the Board schedule
a public hearing on the conservation easement proposal for Wednesday, September
17 at 11:00 a.m. All voted in favor and the motion carried.
VEHICLE PURCHASES UPDATE AND DISCUSSION
Pursuant to Board
discussion at the July 16, 2008 meeting with respect to vehicle purchases,
Staff has researched the fuel economy of vehicles in the categories of small
cars, sedans, utility vehicles, full size trucks, compact trucks, and police
package vehicles. Selena Coffey reviewed
those findings with the Board by way of a PowerPoint presentation, as follows:
Vehicle Replacement Plan
FY 2008-2009 Budget
How many vehicles are
budgeted for purchase in FY 2008-2009?
|
Department |
Quantity |
Type of vehicle |
State Contract Price* |
|
Tax Collections |
1 |
Compact Utility |
$24,900 |
|
Library |
1 |
Station Wagon |
$17,705 |
|
Animal Services |
1 |
Compact Utility |
$24,900 |
|
Solid Waste |
1 |
Large Truck |
$28,913 |
|
Sheriff |
1 |
Utility Vehicle |
$26,529 |
|
Sheriff: Patrol |
14 |
Patrol Cruisers |
$21,347 |
|
Sheriff: Animal
Enforcement |
4 |
Full-Size Trucks |
$12,638 |
*State Contract –
Source: NC Department of Administration – www.ncpandc.gov
Sheriff: Patrol Cruisers
·
14
patrol vehicles in current year budget
·
Only
3 companies offering police packages
·
Evaluated
by Sheriff’s Department based on fuel efficiency and practical application
·
Recommendation/Standard:
17 City/24 Highway minimum MPG
Sheriff: Animal
Enforcement Trucks
·
4 full-size trucks included in budget
·
Full-size trucks necessary to haul heavy animal boxes and
ability to pull trailers
·
Recommendation/Standard:
15 City/19 Highway minimum MPG for
full-size trucks
Sheriff: Utility
Vehicles
·
Current
budget includes 1 utility vehicle
·
Only
one make of vehicle currently exists offering the police package
·
Recommendation/Standard:
Utility vehicle with police package
Non-Patrol &
Departmental Vehicles
·
Departmental
vehicle needs vary based on practical application
·
Recommendation/Standard:
The Board was requested
to review the recommended minimum miles per gallon for vehicles in each
category and direct Staff accordingly.
Following discussion, Chairman Moyer made the motion that the
Board approve a standard of 17/24 minimum miles per gallon for Sheriff’s patrol
cruisers; 15/19 minimum miles per gallon for full size truck; utility vehicles
with police package for Sheriff’s utility vehicle; 24/30 minimum miles per
gallon for hybrids or compact cars and sedans; 34/30 minimum miles per gallon
for hybrid utility vehicles, and 19/24 minimum miles per gallon for compact
trucks and purchase at least 2 hybrids this purchase year and put off the
purchase of anything that we can put off to see what the technology brings us
in the coming year. All voted in favor and the motion carried.
UPDATE ON PROPOSED
Steve Wyatt explained
that at the July 16, 2008 meeting, the Board directed staff to convey to the
State that Henderson County had concerns regarding the proposed watershed
classification for the Lake Adger basin (includes Green and Hungry Rivers).
Staff received answers to several questions that the Board conveyed on July 16.
The memorandum (included in the agenda packet) outlines those questions and the
information received by Planning Staff. Staff is actively working to identify
other issues and obtain additional information.
Anthony Starr has communicated with the State that we’re not ready to move with
this issue because there are more questions than there are answers. The Board
felt that there needs to be a public discussion of this issue.
The Department of Water
Quality is asking the Board of Commissioners to take a position in support or
opposition of the new proposed WS-III classification for the
Steve Wyatt has received
a call from the Chairman of the Polk County Board of Commissioners. Following
that call, a meeting was held with Chairman Bill Moyer, Selena Coffey, Steve
Wyatt, Anthony Starr, Tommy Melton (Polk County Chair), Ted Owens (a long
serving Polk County Commissioner), Ryan Whitson (Polk County Manager), and
their Engineer Dave Odom. The meeting
lasted about 2 hours. Steve Wyatt felt there was a very open and honest
dialogue where Chairman Moyer laid out the concerns that
Chairman Moyer came away from the meeting feeling that there is not a clear
understanding with respect to how to operate moving forward with the State.
What will happen if
Steve Wyatt stated that
the meeting was very cordial and cooperative.
From the meeting he gathered that
SALES TAX REFERENDUM UPDATE AND DISCUSSION
Chairman Moyer mentioned
the issue of the Sales Tax Referendum and requested the Board think about the
referendum that will be on the ballot November 4, 2008 and whether the Board
wishes to designate what the sales tax will be used for, if passed. It was
decided to defer action on this to the first meeting in September. Chairman
Moyer plans to have this issue on the agenda of each of the meetings, to keep
this issue out front for the Commissioners and for the public. The last
referendum failed 63% to 37% so the Board will have to put together a good
campaign to sell this.
2007-2011 STRATEGIC PLAN QUARTERLY REVIEW
Selena Coffey presented
the Quarterly Review for the 2007-2011 Strategic Plan and staff requested the
Board of Commissioners hear and discuss the Quarterly Review, if necessary.
Ms Coffey touched on
several items in the Strategic Plan, focusing on the items listed in red under
status:
“Goal 1, Strategy 1.1, Objective C” – Implement an energy
conservation policy and plan. This is currently under development.
“Goal 1, Strategy 1.3, Objective A” – Responsibly plan for
the County’s capital needs. Implementation of a 12-year CIP (Capital
Improvements Plan), stating this is ongoing.
There was discussion of
this item with Commissioners feeling that work is needed to come up with at
least a 5-year capital improvements plan.
We’ve seen a lot of wish lists but haven’t prioritized our needs.
Following discussion, the Board informed staff that they would like to have an
idea of how much money we have to move forward with capital projects. Chairman
Moyer requested that information by at least January 2009.
Chairman Moyer stated
that the same goes for Goal 2, Strategy
2.1 Take a leadership role in sewer and water planning. Objective A” Establish
and fund a 10-year capital improvement program and capital reserve fund that is
adequate to implement planned investments in sewer and water infrastructure.
Chairman Moyer stated that we need to get more specific with respect to a plan.
“Goal 2, Strategy 2.3, Objective A” – Complete one small
area plan each fiscal year. Etowah-Horse Shoe and Edneyville community planning
committees continue their work, working on two small area plans at this time.
“Goal 3, Strategy 3.1, Objective A” – Develop a countywide
parks master plan focusing on long-range facility needs. Initial needs
assessment is complete.
“Goal 3, Strategy 3.2, Objective A” – Adopt a Minimum
Housing Code. Second draft of the Code to be presented to Commissioners in
September.
“Goal 4, Strategy 4.1, Objective B” – Consider the costs and
practicality of establishing a farmland protection fund for
“Goal 4, Strategy 4.1, Objective C” – Develop and implement
a farmland preservation plan specific to
“Goal 4, Strategy 4.1, Objective D” – Work towards
expanding current voluntary Ag Districting options to include Enhanced Ag
Districting. To be discussed at August Board meeting. After Board discussion, this was changed to
“Adopt enhanced Ag Districting”.
“Goal 4, Strategy 4.2, Objective A” – Begin enforcement of
Sedimentation and Erosion Control standards within County land development
ordinances. This is complete.
“Goal 4, Strategy 4.2, Objective B” – Identify and
incorporate Storm Water Management standards and requirements into County land
development ordinances. Clean Water
Management Trust Fund awarded.
Marcus Jones explained
that requests for qualifications have gone out for the engineering of this
project, due August 18. He will have a recommendation on the most qualified
firm by the next Board meeting. They will then be able to develop a proposal
and get started on the project in earnest.
Chairman Moyer felt that
the next step for this Board is to make a determination whether we are going to
stick with the State or whether we will take over Storm Water Management in our
County? He requested staff to begin work on the Ordinance so that the Board
would be comfortable making this decision no later than April 1, 2009.
“Goal 4, Strategy 4.3. Objective A” – Conduct an inventory
of historic/culturally significant sites/structures, as related to the cemetery
issue.
Planning staff are
working with the Historic Resources Commission to conduct an inventory.
Volunteers are being solicited to assist with this task.
“Goal 4, Strategy 4.4, Objective A” – Develop a
comprehensive 20-year Solid Waste Management Plan.
The 20-year vision was
approved by the Board; RFQ for Feasibility Study due August 18.
“Goal 4, Strategy 4.5, Objective A” – Conduct an energy
efficiency study of County-owned facilities.
This is complete but
on-going.
“Goal 5,Strategy 5.2, Objective A” – Consider incorporating
mechanisms that link public school capacity and long-range public schools
master plans to the land development permitting process into County land
development ordinances.
A Board workshop to
discuss the issue is being developed for about October to discuss issues
related to the CCP.
Selena Coffey explained
that the next quarterly report would show the changes the Board requested tonight
as well as updates for the items that are moving forward.
DEMOLITION DEBRIS DUE TO CASUALTY – This was an add-on.
Chairman Moyer explained
that the issue is demolition debris removal for unusual special situations that
develop. Obviously we have one such situation with VanWingerden International,
a serious situation with a fire and an estimated $2.5 million loss. Steve and
Russ have worked on this issue and have come up with a workable solution.
Steve Wyatt explained
that there will be situations where because of a casualty loss, fire, natural
disaster where there will need to be disposal of waste. A fee has been
determined to represent just the cost of transport, represents no operational
cost at the landfill or the post-closure cost reserve. It is basically 50% of
the existing rate.
This
rate is in effect for thirty days from the time of the casualty event and
certified by appropriate county official, in most cases the
This
rate is effective upon adoption.
Russ Burrell explained
that as long as this is a uniform policy, which it is written to be, there is
no legal question or problem.
Commissioner discussion
followed with two recommended changes:
1.
Change
thirty days to sixty days.
2.
In
the second paragraph above, add the word “uninsured” prior to casualty event.
Commissioner Williams made the motion that the Board adopt
the fee schedule for demolition due to uninsured casualty at a disposal rate of
$26 per ton effective August 12, 2008, with the change from 30 days to 60 days.
All voted in favor and the motion carried.
BOARD ROOM DESK MODIFICATIONS
Selena Coffey reminded
the Board that at the Board’s June 2, 2008 meeting the Board reviewed a
proposal (Option #1 on the summary
sheet) to modify the Commissioners’ existing desks adding two desks,
incorporating 6” spacers between the desks to add workspace, adding a fixed
shelf in the knee walls of the desks and providing a recess for the 17”
monitors that the Board was previously using at that time. (cost $20,000)
After hearing the
Board’s concerns with that option, staff requested additional quotes and
designs. Option #2 modifies the
existing desks by carving away additional knee space. It also adds two desks
but does not provide a shelf or additional workspace on top of the desk for
“elbow room”. (cost $11,680)
Option #3 plans, which were provided in detail with this
agenda item, provide for complete reconstruction of the desk units. In
addition, it provides one additional desk unit, additional workspace, space for
recessing the 8” monitors, and provides space for a shelf underneath. The only
area of concern with this option is that the depth of the drawer/shelf doesn’t
appear to provide enough space to slide the Board’s existing chairs under the
units. (cost $11,543.95)
Funds are available for this project within the Historic Courthouse Capital
Project Fund.
Staff recommends the
Board approve Option #3 and direct staff to work with the vendor to modify the
design to better accommodate the desk chairs.
Chairman Moyer stated
that they have been working with Leisure Craft on option #3. He feels that
option #3 is by far the best.
Chairman Moyer moved that the Board approve option #3 and
direct staff to move forward with this project and work with the vendor to
modify the design in order to better accommodate the desk chairs, and explore
the possibility of eliminating one desk.
Following discussion, a vote was taken which passed four to one
with Commissioner Messer voting nay.
STAFF REPORTS
Russ Burrell informed
the Board that Northland Cable, who has the Cable franchise for a very small
portion of the Northeastern portion of the County, has elected a state-wide
franchising. They are no longer the County’s franchisee. Their franchise will
actually cover all of
Nothing additional.
IMPORTANT DATES
Chairman Moyer informed
those in attendance that the Mayor’s Raft Race has been postponed due to the
water situation. He also announced that
the NC Assn. of County Commissioners’ Annual Conference is August 21-24 in
Set Public Hearing on Rezoning Application #R-2008-10
Rezoning Application
#R-2008-10, which was submitted on May 22, 2008, requests that the County
rezone approximately 0.83 acres from an Estate Residential (R-40) zoning
district to a Community Commercial (CC) zoning district. The Subject Area is
one parcel (PIN 9549-28-1451) owned by Mr. Kevin Brown. The Subject Area is
located within the Etowah and Horse Shoe Communities Planning Area. Pursuant to
GS 200A-314C(2)e of the Land Development Code the Planning Director initiated
this rezoning request.
The Henderson County
Planning Board considered rezoning application #R-2008-10 at its regularly
scheduled meeting on July 17, 2008. During that meeting, the Planning Board
voted 6 to 0 to send the Board of Commissioners a favorable recommendation on
rezoning application #R-2008-10 to rezone the Subject Area from an Estate
Residential (R-40) zoning district to a Community Commercial (CC) zoning
district.
Before taking action on
the rezoning application, the Board of Commissioners must hold a public
hearing. Staff proposes that the hearing be scheduled for Tuesday, September 2,
2008, at 7:00 p.m.
Set Public Hearing on Rezoning Application #R-2008-05-C
Rezoning Application
#R-2008-05-C, initiated by the Henderson County Board of Commissioners at the
request of the Emergency Services Department, requests that the County rezone
approximately 9.98 acres of a 12.03 acre tract of land owned by
Conditional zoning districts
are different from traditional zoning districts because they require a site
plan for the proposed use(s) of the property and certain conditions or
restrictions are placed on the property based on the proposed or allowable
use(s). Conditional zoning district decisions are a legislative process subject
to the same procedures as traditional zoning districts.
The County proposes to
use the large barn and property for emergency services storage and County
government storage. It is expected that this use would generate an average of 1
trip per week and would have little to no impact on the neighborhood. Staff
held a neighborhood meeting on April 15, 2008 with approximately 30 residents
of the Foxwood Subdivision to answer questions and concerns and address issues
that the neighbors might have. With the conditional zoning district process,
the County can impose limitations upon itself to address neighborhood concerns.
With that in mind, only the storage by the county and emergency services would
be allowed. Other commercial uses and governmental operations would not be
allowed.
The Henderson County
Planning Board considered rezoning application #R-2008-05-C at its regularly
scheduled meeting on July 17, 2008. During that meeting, the Planning Board
voted 6 to 0 to send the Board of Commissioners a favorable recommendation on
rezoning application #R-2008-05-C, with modifications to conditions 7.4 and
7.6, to rezone the Subject Area from an R1 (Residential One) zoning district to
a LC-CD (Local Commercial Conditional District).
Before taking action on
the rezoning application, the Board of Commissioners must hold a public
hearing. Staff proposes that the hearing be scheduled for Tuesday, September 2,
2008, at 7:00 p.m.
Planning Staff
recommends that the Board of Commissioners schedule a public hearing on
rezoning application #R-2008-05-C for Tuesday, September 2, 2008, at 7:00 p.m.,
or schedule a special called meeting on or after that date.
Commissioner McGrady moved that the Board schedule a public
hearing for Rezoning Applications #R-2008-10 and #R-2008-05-C for Tuesday,
September 2, 2008, beginning at 7:00 p.m. All voted in favor and the motion
carried.
Set Workshop to Discuss Developing Adequate Public
Facilities (APF) Regulations for
The Board of
Commissioners has considered developing regulations for Adequate Public
Facilities (APF) to address the issue of balancing residential growth with
public school capacity. At the July 16, 2008 meeting the Board directed Staff
to schedule a workshop to discuss the details of an APFO, answer questions of
Commissioners, and to decide if the Board wishes to commit to allocating the
resources to develop these regulations. The Board requested that Staff invite
representatives from other jurisdictions with APF regulations currently in
place to give a presentation during the workshop.
Staff has invited two
presenters for the workshop: Jonathan B. Marshall, AICP, Cabarras County
Commerce Director and Paul Meyer, Senior Associated General Counsel with the NC
Association of County Commissioners (NCACC). Mr. Marshall is responsible for
the planning, zoning, inspections and community development for
Based on the
availability of the guest presenters, Staff has confirmed three possible dates
for the Board to schedule a workshop to discuss developing an APFO for: October
9th, October 10th, and November 7th. Other
dates may be possible but these were the initial dates obtained when
considering other commitments by the guest speakers and the Board.
Planning Staff
recommends that the Board of Commissioners schedule a half-day workshop to
discuss developing an APFO for
Following discussion by
the Board, it was decided to wait till the next Board meeting to set this
workshop. Chairman Moyer asked the Commissioners to check their calendars for
November 7 at 10:00 a.m.
Set workshop on Manufactured Home Standards
Chairman Moyer reminded
the Board of the need to set a public hearing on the proposed changes to the
Land Development Ordinance.
Commissioner McGrady made the motion to set the public
hearing for the night of Tuesday, Sept. 23 at 7:00 p.m., here. All voted in
favor and the motion carried.
CANE CREEK WATER & SEWER DISTRICT – no
business
CLOSED SESSION
Commissioner McGrady made the motion for the Board to go
into closed session as allowed pursuant to NCGS 143-318.11 for the following
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:
Harris vs. Wyatt
2.
(a)(4) To discuss matters relating to the location
or expansion of industries or other businesses 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
Motion was made and
passed to adjourn the meeting.
ATTEST:
Elizabeth W. Corn, Clerk
to the Board
William L. Moyer, Chairman