MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 5:30 P.M. in
the Commissioners' Meeting Room of the Historic Courthouse on
Those present were: Chairman Bill Moyer, Vice-Chairman
Also present were:
Planning Director
Absent was: Clerk to the Board Elizabeth W. Corn
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Becca Janowiak of the
American Clovers 4-H Club led the Pledge of Allegiance to the American Flag.
INVOCATION
County Manager Steve
Wyatt gave the invocation.
PRESENTATION OF LAMENATED NEWS ARTICLE TO LAUREN
MAYBIN
Chairman Moyer stated
that at a meeting several weeks prior, Miss Lauren Maybin had presented a
replica of the Historic Courthouse to the Board of Commissioners. Chairman
Moyer presented a laminated copy (provided by Flanagan’s Printing) of a news
article (from the Hendersonville Times’ New)to Miss Maybin in regards to a
courthouse replica she built as a class project in the 2nd grade
class at Upward Elementary School. Miss
Maybin, accompanied by her Grandfather Theron Maybin informed the Board that
the model had been in the school library prior to the presentation to the Board
of Commissioners with a plaque stating that she was recognized by the school as
an outstanding student. The Board
congratulated Miss Maybin on her accomplishment.
PRESENTATION OF KETNER AWARD TO PAM FOSTER
Chairman Moyer stated at
the North Carolina Association for
Chairman Moyer explained
that WIC is a Federal grant program that distributes funds to WIC state
agencies and gives nutritious food, education and referrals to health and other
social services to participants at no charge.
It serves low income pregnant and postpartum women, infants and children
under five (5) with nutrition challenges.
The program has been plagued by a “no show” rate of roughly one-half of
all daily WIC programs clients. The
Health Department implemented the open access scheduling system for the WIC
program to try to help with this problem.
This new scheduling system allows employees to see a much larger number
of clients in a day and increases the percentage of clients who show up for
their appointments. It allows clients to call the same day for an appointment
rather than schedule one out for three (3) months. The three (3) month wait met
less than 60% of the people showing up because of transportation, family
problems, or other work challenges. The
new change increased the show rate to a range of 98%. During the six (6) months under the previous
system the County served 3,350 clients; that number has increased to 5,271
clients with no increase in staffing during the six months that the new system
has been implemented. Obviously we are
doing a much better job of serving the people and getting the nutrition needs
to them.
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.
Pat
de Lemos – Ms. de Lemos was thankful for the passing of Bill 66A-26
(prohibition against public places giving away or selling of animals). She stated that approximately 3 weeks prior
she went to Smiley’s Flea Market and saw crates and crates of chicken in fecal
matter. They had no water or food, there
were also sick goats. She contacted Lt.
Ben McKay and asked if this subject could be taken care of. She went to Smiley’s Flea Market again this
past weekend and there were no goats but there were crates and crates of
chicken in fecal matter and again no water or food. There were also puppies being sold that
possibly were sick and had had no inoculations.
She felt that no animals should be allowed to be sold or given away at
Smiley’s. On June 17, Carolina Animal
Action wrote to the manager of Smiley’s Flea Market, Wade McAbee. The co-owners are Mr. Ben Campen and his
son. This letter asked very politely
that Mr. McAbee reference the law 66A-26 and respond with cooperation. No reply has been received to date. Mr. Brad Rayfield,
2.
Ann
Elks – Ms. Elks was in favor of Bill 66A-26 also.
3.
Margit
Sheldon – Ms. Sheldon, a disability coordinator at WCCA, is a resident of
Etowah and was requesting that the Board consider the option of opening two (2)
More at Four classrooms at the Old Etowah Library building. In order for the children to be successful in
school she feels that we need a high quality school readiness program in
Etowah. This would give the children a
foundation and the basis to walk into Kindergarten on the first day feeling
ready to learn. Etowah has the lowest
percentage of children that have had that opportunity.
4.
Kelly
Johnson – Ms. Johnson was also present to help support Western Carolina
Community Action’s request for the use of the old Etowah Library building. WCCA
is willing to put money into the facility to upgrade it.
5.
Ronnie
Pepper – Mr. Pepper felt that quality child care was needed in
6.
David
White – Mr. White requested the use of the old Etowah Library building by WCCA
for More at Four. At this point, the
State of
7.
Mike
Earle – Mr. Earle is the Vice Chair of WCCA Board. The General Session was late in approving and
they did not get word of the final approval until the end of July. Their proposal was put together quickly;
however they just missed the opportunity to be put on the August agenda. Their budget is right at 9.5 million
dollars. They are able to hold the
administration fees to right at 8%. This
is an incredibly low administration fee for a not-for-profit. They feel that the old Etowah Library
building would be the best physical site because the Etowah school system has
the lowest percentage of kids coming in with any kind of pre-k. With the increase they will be serving 387
children in the community. WCCA would be
willing to take care of the light maintenance including mowing of grass and
changing of light bulbs. They would ask
the County to take care of the physical plant itself. He thanked the Board for their consideration
of the request.
Chairman Moyer noted
that this was a discussion item later in the meeting and asked if Mr. White or
Mr. Earle could stay until the discussion time.
Mr. White and Mr. Earle would remain through that discussion.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested
that discussion item E (Enhanced Agricultural Districts) be moved to discussion
item A, and that discussion item C (Etowah Library Request for Proposals) be
moved to discussion item B.
Commissioner McGrady made the motion to adopt the agenda as
amended. All voted in favor and the
motion carried.
CONSENT AGENDA
Commissioner McGrady made the motion to adopt the consent
agenda. All voted in favor and the
motion carried.
Minutes
Draft minutes were
presented for Board review and consent approval of the following meeting:
July 7, 2008 – Regularly Scheduled Meeting
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, provided the Tax Collector’s Report for information only dated August
22, 2008.
Financial Report/Cash Balance Report – July 2008
The Financial Report and
Cash Balance Report for July 2008 were presented for the Board’s review and
consent approval.
The fiscal YTD deficit in the CDBG-Shuey Knolls
Project Fund and the Lewis Creek Restoration Project Fund are temporary due to
the timing of expenditures and the subsequent reimbursement of the expenditures
from grant funds.
The fiscal YTD deficit in the Risk Management
Fund is temporary and due from the first quarterly payment for liability and
property insurance coverage for FY2009.
Suggested Motion:
I move the Board of
Commissioners approves the July 2008
Henderson County Public Schools Financial Reports – July
2008
The Public Schools
Financial Reports for July 2008 were presented for the Board’s information and
consent approval.
Suggested Motion:
I
move the Board of Commissioners approves the July 2008 Henderson County Public
Schools Financial Reports as presented.
2007-2011 Strategic Plan Revision
At the August 12, 2008
meeting the Board of Commissioners revised the 2007-2011 Strategic Plan and
asked that these revisions be brought back for Board approval at this
meeting. Provided for the Board’s review
were the excerpted pages from the Plan containing the revisions.
Suggested Motion:
I move that
the Board approve the Strategic Plan revisions as presented.
Homeland Security Grant
The Board was requested to authorize
the
Suggested Motion:
I move that the Board approve the receipt of grant as set out in the
agenda item, and further authorize the
Petitions for addition to
It has been the practice
of this Board to accept road petitions and forward them to NC Department of
Transportation for their review. It has
also been the practice of the Board not to ask NCDOT to change the priority for
roads on the paving priority list.
Recommended approval was requested of the following petitions:
1.
2.
Part
of Riverstone subdivision
3.
Easterly
Lane
4.
Beaumont
Estates subdivision
5.
6.
Suggested Motion:
I move that
the Board approve the petitions and forward them to NCDOT for action.
Resolution for permanent closure of easement(s) on the David
L. Bayless and Ronald G. Calvert property
North Carolina General
Statute 153A-241 requires that the Board of Commissioners first adopt a
resolution declaring its intent to close a public road or easement. A copy of the resolution declaring the
Board’s intent of closing the easement(s) on the David L. Bayless and Ronald G.
Calvert property,
Suggested Motion:
I move the
Board adopt the resolution provided.
Resolution for permanent closure of easement(s) on the David
M. Bayless property
North Carolina General
Statute 153A-241 requires that the Board of Commissioners first adopt a
resolution declaring its intent to close a public road or easement. A copy of the resolution declaring the
Board’s intent of closing the easement(s) on the David M. Bayless property,
Suggested Motion:
I move the
Board adopt the resolution provided.
Resolution for permanent closure of easement(s) on the James
E. Schultz, Debra L. Kaufman and Lynn S. Gosnell property
North Carolina General
Statute 153A-241 requires that the Board of Commissioners first adopt a
resolution declaring its intent to close a public road or easement. A copy of the resolution declaring the
Board’s intent of closing the easement(s) on the James E. Schultz, Debra L.
Kaufman and Lynn S. Gosnell property,
Suggested Motion:
I move the
Board adopt the resolution provided.
Etowah Horse Shoe Fire & Rescue Lease Purchase Agreement
At the May 20, 2008
Fire and Rescue Advisory Committee meeting, Etowah Horse Shoe Fire and Rescue
presented a proposal to purchase two new pumper / tankers. The total amount financed will be $850,000.00
at an interest rate of 4.65% with an annual payment of $108,215.70 for 10
years.
The Fire & Rescue
Advisory Committee approved the proposal.
Etowah Horse Shoe Fire
and Rescue respectfully request the Chairman sign the attached letter to United
Financial Services.
Suggested
Motion:
I move the Board authorize the Chairman to sign the letter
to United Financial Services on behalf of Etowah Horse Shoe Fire & Rescue.
Approval of Minor Changes to Ethics Ordinance
A
clarification is recommended to the Ethics Ordinance. The need for this change arose because of
concerns from board and committee members regarding the appearance of a
conflict between their employment and their participation on these boards and
committees. This change does not allow
members to vote on issues before the board or committee where they may have a
direct interest but does not prevent them from appearing before other County
boards, committees, or departments.
Only
the modified section of the ordinance is included. The addition is underlined and highlighted in
grey.
ETHICS CODE
Section 3. Standards
of Conduct
All
(a) Interest in contract or agreement. No County Official shall participate in selection
or award of a contract if the contract involves the County Official’s interest
or the Official is prohibited from voting pursuant to N.C. Gen. Stat. § 14-234.
(b) Use of official position. No County Official shall use his/her official
position or the county’s facilities for his/her private gain, or for the
benefit of his interest, or for the benefit of any individual, which benefit
would not be available to any other member of the public in the same or similar
circumstance. No
Suggested
Motion:
I move the approval of the revision to the
Ethics Ordinance as presented.
Mills River Fire Insurance District
R E S O L
U T I O N
Upon motion by Commissioner McGrady, BE IT RESOLVED
that the Board of Commissioners of Henderson County approves the boundary lines
of the
This is to certify that the foregoing is a true
and accurate copy of excerpt from the Minutes of the Board of County
Commissioners of
Suggested
Motion:
I move the Board adopt a Resolution approving the
2008 Fall Litter Sweep Resolution
The fall 2008 LITTER SWEEP roadside cleanup,
organized by the NC Department of Transportation, will be taking place
September 20th through October 4th, 2008.
Suggested
Motion:
I move that the Board adopt the
provided Resolution designating September 20, 2008 – October 4, 2008 as LITTER
SWEEP time in
BOARD OF COMMISSIONERS
Resolution
2008 Fall Litter Sweep
Whereas, the North Carolina Department of Transportation
organizes an annual fall statewide roadside cleanup to ensure clean and
beautiful roads in
Whereas, the fall 2008 LITTER SWEEP roadside cleanup will
take place September 20 through November 4, 2008, and encourages local
governments and communities, civic and professional groups, businesses,
churches, schools, families and individual citizens to participate in the
Department of Transportation cleanup by sponsoring and organizing local
roadside cleanups; and
Whereas, Adopt-A-Highway volunteers, Department of
Transportation employees, Department of Correction inmates and community
service workers, local government agencies, community leaders, civic and
community organizations, businesses, churches, schools, and environmentally
concerned citizens conduct annual local cleanups during LITTER SWEEP and may
receive certificates of appreciation for their participation; and
Whereas, the great natural beauty of our state and a
clean environment are sources of great pride for all North Carolinians,
attracting tourists aid aiding in recruiting new industries; and
Whereas, the cleanup will increase awareness of the need for
cleaner roadsides, emphasize the importance of not littering, and encourage
recycling of solid wastes; and
Whereas, the 2008 fall cleanup will celebrate the 20th
anniversary of the North Carolina Adopt-A-Highway program and its 6,000
volunteer groups that donate their labor and time year round to keep our
roadsides clean; and
Whereas, the LITTER SWEEP cleanup will be a part of
educating the children of this great state regarding the importance of a clean
environment to the quality of life in North Carolina;
NOW,
THEREFORE BE IT RESOLVED by the Henderson County, North Carolina Board of
Commissioners that September 20 – October 4, 2008 be LITTER SWEEP time in
Henderson County and encourage citizens in Henderson County to take an active
role in making our communities cleaner through participating in local LITTER
SWEEP activities.
Adopted this the 2nd day of
September, 2008
Consideration
of Construction Bids for Shuey Knolls Phase 3
The 2006 Community Development Block Grant
(CDBG) Housing Development project will assist Henderson County Habitat for
Humanity in increasing the amount of affordable housing available to county
residents. The CDBG funds provide for
1,200 linear feet of water lines, road and drainage allowing for the
construction of up to fourteen (14) homes.
Planning Staff solicited bids for the Phase 3 section.
On August 14, 2008, at the
The Board has previously reviewed this project
and approved the grant application. Construction is expected to last
approximately 60 days from notice to proceed. No County matching funds are
associated with the grant.
Planning Staff requests that the Board award the
bid to Site Development Corporation of
Suggested
Motion:
I move that the Board award the bid for infrastructure in
the Shuey Knolls project to the Site Development Corporation of
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear on the next agenda for
nominations:
1.
Child Fatality
Prevention Team – 1 vac.
2.
Community Child
Protection Team (CCPT) – 4 vac.
3.
Hospital Corporation
Board of Directors – 3 vac.
4.
Nominations
1.
Board of Directors of
the Henderson County Historic Courthouse Corporation (which does business as
the
Chairman Moyer noted
that Chair of the Heritage Museum Board Spence Campbell had provided a letter
of recommendations and placements for the nine (9) open positions. Chairman Moyer stated that nominated by the
Heritage Museum Board were Virginia Gambill for position #2, Karen Bayne
Pfotzer for position #3, Terry Ruscin for position #4, Terrell Garren for
position #5, John McCormick for position #6, Jeff Miller for position #7, Bob
Staton for position #8, Cricket Crigler for position #9 and Melody Heltman for
position #10 a non-voting position. Commissioner
Williams nominated Patsy Jones for placement in a position. Chairman Moyer stated that the bylaws of the
Heritage Museum Board placed the nominations for positions in the hands of the
Heritage Museum Board, the Commissioners then have the right to say yes or no. This
would have to be taken back before the Heritage Museum Board or Ms. Jones could
possibly be considered for a future opening. The Board of Commissioners could
make suggestions but the Heritage Museum Board would make the nominations. After discussion it was determined that a
letter would be sent to the Chairperson of the Heritage Museum Board requesting
that Patsy Jones be considered for possible future openings on the Heritage
Museum Board. Chairman Moyer made the motion to accept the nine (9) nominations by
the
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) – 2 vac.
Chairman Moyer noted
that Karen Cottingham was nominated and accepted by acclamation subject to
receipt of her application at the last meeting.
Her application had not been received to date. Commissioner McGrady would be working to
resolve this issue. He also questioned
if Charles McDonald would be continuing to serve in position #6. Mr. McDonald meets qualifications to be
reappointed to position #6 should he be willing however no response had been
received from Mr. McDonald.
There were no
nominations at this time so this item was rolled to the next meeting.
4.
Chairman Moyer stated
that a recommendation had been made by
5.
Environmental Advisory
Committee – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
6.
Commissioner Young
nominated Dr. Phillip Stanley for position #2 pending receipt of his application. Commissioner
McGrady made the motion to accept Dr. Stanley to position #2 subject to receipt
of his application. All voted in favor
and the motion carried.
7.
Chairman Moyer stated
that Jay Angel is currently serving in position #3 and willing to be
reappointed. Commissioner McGrady nominated Jay Angel for reappointment to position
#2. All voted in favor and the motion
carried.
8.
Historic Resources
Commission – 2 vac.
Chairman Moyer noted that
the Historic Resources Commission had recommended the appointment of Alfred
Gray, Jr. for position #2. Chairman
Moyer nominated Alfred Gray, Jr. for position #2. Chairman Moyer made the motion to accept Alfred Gray, Jr. to position
#2 by acclamation. All voted in favor
and the motion carried.
9.
Home and Community Care
Block Grant Advisory Committee – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
10. Juvenile Crime Prevention Council – 10 vac.
There were no nominations
at this time so this item was rolled to the next meeting.
11. 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.
12. Senior Volunteer Services Advisory Council – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
13. WCCA Board of Directors (
Commissioner McGrady
nominated Lynn Marks for reappointment to position #1. Chairman Moyer made the motion
to accept
ENHANCED AGRICULTURAL DISTRICTS
Commissioner Williams stated that this project had
been on the table for quite some time now particularly with the Agriculture
Advisory Committee. Presentations were
made earlier in the year by other Counties that were already working with
enhanced agriculture districting. We
have had agriculture districts in
Enhanced Agricultural Districts are those in which the
farm owners (meeting certain criteria) have agreed to restrict their property
to agricultural uses for a period of ten years.
In return, they receive certain benefits, primarily a higher percentage
of cost-share funds from government sources. Under this ordinance, membership
in regular voluntary agricultural districts is required to be eligible for
membership in an enhanced district.
The
Enhanced Districts are a layer over and above the current voluntary agriculture
district. If someone chooses to become a
member of an Enhanced Agriculture District they would restrict their land for a
10 year period of time to nothing but agriculture use. In return they would receive certain
benefits, primarily from the State of
The
revisions to the regular agricultural districts lower the acreage/number of
farms required to make up a district from the current 200 contiguous acres or 5
farms within a mile to 100 contiguous acres or 3 farms within a mile.
Chair
of the Agriculture Advisory Board (AAB) Theron Maybin stated that the Board was
adopted in 1992 and he has been on the Board since it was first established. The AAB has preserved farmland and green
space within the county which also provides benefits of tax breaks by having
the land in voluntary agriculture districts.
He strongly recommended that the Board of Commissioners consider
adopting the new proposal.
Soil
and Water Conservation District Director Jonathan Wallin spoke in regards to
the improvements that have been made through this plan. The Enhanced and Voluntary documents were
originally around 25 pages with a lot of repetition; working with the
County
Tax Assessor
Chairman
Moyer stated that in the FY 2007-2011 Strategic Plan, adopted as part of the
consent agenda with recent changes, strategy 4.1 is to reduce farmland loss and
Objective D was to adopt voluntary agriculture districting options to include
enhanced agriculture districting by October of 2008. The Committee has done a tremendous job along
with Commissioner Williams, Attorney
Commissioner Williams made the motion that the Board
adopts the proposed amendments to Chapter 92 of the
ETOWAH LIBRARY REQUEST FOR PROPOSALS
County Manager Steve
Wyatt stated the County recently completed the new Etowah Branch Library, and
operations are now in place in that facility.
The building that formerly housed the library is now vacant, and the
County has been approached by several groups regarding its use. The Folks from WCCA have made a very
attractive proposal. To determine the
best option for that facility, the
It was the consensus of the Board that staff would work through the proposals, put the schedules together, and then provide a recommendation at the next Board Meeting, September 17, 2008.
UPDATE ON PROPOSED LADE ADGER WATERSHED BOUNDARY
AND IMPACTS
Planning Director
Staff provided a map
of the proposed Lake Adger Watershed along with a map of current and proposed
watersheds in
Chairman Moyer noted
that there had been a lot of communication with the Commissioners, and Steve
Wyatt had been in constant communication with the
The discussions that
Chairman Moyer and Commissioner Messer had with Polk County (the same
discussions Steve Wyatt had with the Polk County Manager) were along the lines
that Henderson County Board of Commissioners support putting the treatment
plant on Lake Adger but questioned whether Polk County would guarantee
Henderson County a certain amount of treated water to serve the southern end of
the County. Discussion were held with
terms of up to 500,000 gallons per day being supplied to Henderson County and
Polk County felt that this was reasonable but they would have to talk with
their engineering people as to whether that was possible. It was also discussed that if Henderson
County would decide to put a reservoir intake further up the Green River that
they would not oppose but support such a recommendation if down the road
Henderson County wanted to move forward.
County Manager Steve
Wyatt briefly updated the Board that he had received communication from Mr.
Whitson (Polk County Manager) this morning suggesting September 30 as a joint
meeting date of both Boards at 7:00 p.m. in Columbus at the Commissioners’
meeting chambers in Polk County’s Historic Courthouse.
Chairman Moyer made the motion that the Board set a special
called meeting with the
Chairman Moyer suggested
setting up a Water Advisory Board which would have representatives from the
public, municipalities and this Board.
It would need staff help to do studies and retain information. He asked the Board to consider this and
requested that the
Commissioner McGrady was
in full support of the Water Advisory Board.
He felt there were plenty of issues to be covered.
SALES TAX REFERENDUM – UPDATE AND DISCISSION
The Board received an update, and discussed the
sales tax referendum that will be on the ballot November 4, 2008.
Chairman Moyer felt that he was important that a
specific statement be made to the public with respect to the sales tax
referendum and what the funds would be used for if it were passed in
November.
Commissioner Young felt that the public would
want to use the money for educational purposes.
He recommended that the funds be used for debt service payment on school
facilities.
County Manager Steve Wyatt stated that if the
referendum were successful in November, the earliest date that the Board would
be able to implement it would be April 1, 2009, the last quarter of the fiscal
year. You could have a financial revenue
effect of the current fiscal year of about 25% of the proceeds. Based on estimates looking at the sales tax
he estimated a range of $475,000 to $525,000 for this fiscal year. It would be in full effect for the following
year and the revenue would be in the $1.9 to $2.1 million range for the fiscal
year. The sales tax is very fluid based
on the economy.
Commissioner Williams inquired about the current
debt serving for schools. It was
estimated at $7-8 million. He wanted the
public to realize that the sales tax referendum would not come anywhere close
to paying off the debt.
Commissioner McGrady did not oppose the concept
but questioned if it had voter appeal.
The Board is trying to make a clear statement that if the sales tax
referendum passes the funds will be used for debts that have already been
established and he did not think this had appeal where the voters were
concerned. He felt the use should be
broader to include new capital projects which have more appeal.
Commissioner Young elaborated on his
recommendation by stating that he did not mean that it would pay the debt
service on the schools or did not mean that it would pay future debt service,
it would be a help on both.
Commissioner Messer felt that the public needed
to be more aware and that they should vote for the sales tax referendum.
After further discussion, Commissioner Young made the motion that the Board earmarks the Ľ cent
sales tax revenues for school debt service payment. All voted in favor and the motion carried.
BREAK
A break was taken to change video tapes.
Chairman Moyer called the meeting back to order.
Commissioner
Messer made the motion that the Board go into public hearing in respect to
rezoning application #R-2008-10. All
voted in favor and the motion carried.
PUBLIC
HEARING – REZONING APPLICATION #R-2008-10
Planning Director Anthony Starr stated that
Planner Matt Card would be presenting this public hearing. He informed the Board also that this would be
Mr. Card’s last meeting with the Board as he has accepted a job with the
Catawba Land Conservancy (a sister organization of the Carolina Mountain Land
Conservancy) and will be leaving Henderson County at the end of the month.
Matt Card stated that 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) located at
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 application, the Board of Commissioners must hold a public
hearing. In accordance with Section 200A-314 of the Henderson County Land
Development Code and State Law, notices of the September 2, 2008, public
hearing regarding rezoning application #R-2008-10 were published in the
Hendersonville Times-News on August 20, 2008 and August 27, 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 applicant on August 18, 2008
and posted signs advertising the hearing on the Subject Area on August 18, 2008
(see Attachment 6 for Certification of Notice Requirements).
Community Commercial abuts this property to the
west, northwest and also to the south.
The
The Subject Area is surrounded by single family
residential uses to the northwest, north and east. The City of
Staff’s position at this time, under the
guidelines of current plans, policies and studies, is it supports the rezoning
of the subject area from R-40 (Estate Residential) to CC (Community Commercial)
which is consistent with the recommendations of the Henderson County 2020
Comprehensive Plan. Under the current
Land Development Code a B1 buffer would be provided for any property that abuts
a commercially and residentially zoned area (where two districts meet).
Commissioner Messer asked what the footer on the
buffer would be.
Mr. Card responded that the footage would be a
20 foot wide buffer and then every 100 feet you have to plant deciduous and
evergreen trees to create an adequate screening.
Public Input
There was none.
Commissioner
Williams 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 approves rezoning application #R-2008-10
to rezone the Subject Area from an R-40 (Estate Residential) zoning district to
a CC (Community Commercial) zoning district as recommended by the Staff Report.
He further moved that rezoning application #R-2008-10 is consistent with the
recommendations of the Henderson County 2020 Comprehensive Plan. All voted in favor and the motion carried.
Commissioner
Williams made the motion that the Board go into public hearing in respect to
rezoning application #R-2008-05-C. All
voted in favor and the motion carried.
PUBLIC HEARING – REZONING APPLICATION
#R-2008-05-C
Senior Planner Autumn Radcliff stated that rezoning
application #R-2008-05-C was initiated by the Henderson County Board of
Commissioners in March in a regular meeting at the request of the Emergency
Services Department. It requests that
the County rezone approximately 9.98 acres of a 12.03 acre tract of land owned
by
Before
taking action on the request, 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 September 2, 2008, public hearing regarding rezoning
#R-2008-05-C, were published in the Hendersonville Times-News on August 20,
2008 and August 27, 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 property owners on August 22, 2008 and posted signs advertising the
hearing on the Subject Area on August 21, 2008.
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 (See attachment 3).
The Subject Area currently contains a single
family dwelling and a large metal structure that was previously used as a
carriage house and barn by the original property owners. The portion of the property that directly
abuts
There are a number of commercial and residential
uses in the vicinity of the Subject Area.
Uses consist of single family residents primarily in Foxwood and
According to the Future Land Use Map in the 2020
Comprehensive Plan the area is shown to be in the urban services area. This request is for a Conditional Zoning
District which is a new thing that was added in with the Land Development Code
and is the first one that we have actually received and processed. Conditional Zoning districts are different
from traditional zoning districts because they require a site plan for the
proposed use of the property. Certain
conditions or restrictions are placed on the property based on the proposed or
allowable uses. Conditional zoning
districts decisions are a legislative process subject to the same procedures as
traditional zoning districts. According
to the Land Development Code conditional zoning districts are created for the
purpose of providing an optional rezoning choice where the owner of the
property proposes to rezone property and, in order to, among other reasons,
carry out the purpose of the Comprehensive Plan, proposes to impose special
limitations and conditions on the use of the property proposed for the
rezoning.
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 in this
facility. Other commercial uses and
governmental operations would not be allowed.
Staff suggested the following conditions be
imposed on the Subject Area:
7.1
The
existing structures on the Subject Area shall be used for the storage of
emergency service supplies and equipment including the storage of County
government records and property. Only
storage by the County and emergency services shall be allowed. Other commercial uses and governmental
operations shall not be allowed.
7.2
Stored
items shall be stored indoors. Outdoor
storage shall not be allowed.
7.3
Lighting
mitigation is required. There shall be a
minimum amount of lighting for the facility, and this lighting should not
adversely affect the surrounding neighbors.
7.4
Access
to the Subject Area shall be via the Henderson County Landfill. (There is access through Foxwood subdivision
and there were a number of neighborhood concerns that the County would be
accessing it through the subdivision).
7.5
The
portion of the Subject Area adjacent to
7.6
The
existing wooded areas as identified o the site plan shall remain intact and
shall comply with the provisions in condition 7.8.
7.7
The
existing power line right-of-way shall remain open and unobstructed.
7.8
The
proposed use(s) shall comply with the landscape design standards and off street
parking provisions as outlined in the Land Development Code (LDC Article V and
VI).
7.9
The
Subject Area may be accessed at any time for just cause to retrieve emergency
service items stored on the premises.
Chairman Moyer requested that in 7.4 the word
“only” be added to read…access to the Subject Area shall only be via the
Henderson County Landfill.
Staff supports the rezoning of the property to a
Local Commercial Conditional District based on the following:
8.1. The 2020 CCP: The CCP Future Land Use Map places the
Subject Area in the “urban service area” classification. The text and map of the 2020 CCP suggest that
the Subject Area would be suitable for high-density residential, commercial or
industrial development. The CCP indicates
that the
8.2. Adjacent Zoning: The Subject Area directly abuts an existing
Local Commercial (LC) zoning district to the south. If the Subject Area were to be rezoned to a
Local Commercial Conditional District (OC-CD) this property would be a part of
a contiguous LC zoning district.
8.3. Conditional Zoning Districts: Applying
conditions or restrictions to the Subject Area reduces and/or eliminates the
impact on the surrounding community.
There are circumstances in which a general use district designation allowing
such a use or all the uses by right would not be appropriate for a particular
property though the use could, if properly planned, be appropriate for the
property consistent with the objectives of the Land Development Codes
conditional zoning districts, the adopted Comprehensive Plan, and adopted
district.
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).
10.1.1. Modifications to condition 7.4: Remove the word primary so that conditions
7.4 reads; Access to the Subject Area shall be via the Henderson County
Landfill. Changes are reflected in the
staff report.
10.1.2. Modification to condition 7.6: State
that condition 7.6 will comply with the provisions of condition 7.8 for the
wooded areas. Changes are reflected in
the staff report.
Planning Staff recommends that the Board of
Commissioners approve rezoning application #R-2008-05-C with the conditions
outlined and with any additional conditions as discussed by the Board as it is
consistent with the recommendations of the Henderson County 2020 Comprehensive
Plan.
Public Input
1.
Robert
Payne – Mr. Payne lives at
2.
Lewis
Case – Mr. Case is an adjacent property owner but not in the Foxwood
subdivision. They understand the use of
the property by the County but would like to reinforce the recommendations by
the staff in 7.4 and 7.6; specifically the wooded buffer area that is directly
adjacent to their property.
Commissioner
McGrady made the motion that the Board go out of public hearing. All voted in favor and the motion carried.
Commissioner
Messer made the motion that the Board approves Rezoning Application
#R-2008-05-C based on the recommendations of the Henderson County 2020
Comprehensive Plan, and with the conditions as noted in the staff report, and the
condition by the Board to modify 7.4
that access to the rezoned portion of area be through the Landfill. All voted in favor and the motion carried.
DRAFT MINIMUM HOUSING CODE
Planning
Director Anthony Starr stated that in January, staff presented to the Board a
draft code. The Board provided direction for revisions to the draft code and
the attached code reflects those comments. The new draft is several pages
shorter and the language is more simplified. The County Comprehensive Plan and 2007
Strategic Plan (Strategy 3.2, Objectives A & B) identify the need to
develop and implement a County Minimum Housing Code. The Planning Department,
with the assistance of the
A
minimum housing code provides protection for a community from absentee property
owners, establishes minimum standards a dwelling must meet in order to be fit
for human occupancy, helps to remedy and prevent the decay and deterioration of
places where people live, protects those who cannot protect themselves, ensures
that structures are safe, sanitary and fit for occupancy, and makes the owner
of a structure responsible for its maintenance.
It
covers residential structures including single and multi-family stick built,
modular homes and manufactured homes.
The parts covered are lighting, ventilation, heating systems, plumbing,
fire/safety, mechanical/electrical systems, and maximum occupancy.
No
residents are removed from their houses onto the streets overnight, one
individual cannot condemn a dwelling, and the owner/tenant can appeal to the
Board of Adjustment.
The
changes from the January, 2008 draft are as follows:
· Text is shorter – 8 pages less
· Focuses on the basics
· Section 120-32 Exterior Property Areas: Deleted as exterior areas are covered by the
Nuisance Ordinance
· Section 120-33 Private Swimming Pools: Deleted
· Section 120-34 Exterior Structure: Significantly shortened to require weather
tight exterior and door security
· Section 120-35 Interior Structure: Text simplified and shorter
· Section 120-36 Handrails and Guardrails: Deleted
· Section 120-37 Rubbish and Garbage: Deleted – Covered by the Nuisance Ordinance
· Section 120-44 Occupancy Limitations: Text is shorter and overcrowding calculation
is simpler and less restrictive
· Section 120-53 Toilet Rooms: Deleted – Previous draft contained access
requirements and wall/floor surface standards
· Section 120-55 Water System: Text is shorter – Previous draft required the
water to be free from contamination and required adequate supply/pressure
· Section 120-57 Storm Drainage: Deleted – Previous draft required proper
discharge of water from roofs and paged areas to not cause a public nuisance
· Section 120-62 Heating Facilities: Room temperature
requirements lowered from 68 degrees to 60 degrees for heating season – Cooling
requirements eliminated
· Section 120-65 Electrical Equipment: Eliminated requirement for electrical outlets
in habitable rooms
· Section 120-66 Elevators, Escalators,
Dumbwaiters: Deleted
· Section 120-74 Fire Protection Systems: Section re-wrote to match NC Fire Code in
effect when dwelling was constructed
Administration
and Enforcement
· “complaint driven”
· Zoning officials/building inspectors/other county
employees can also report possible violations
· Code Enforcement Services Department would administer
the program
· First year cost of about $67,720 (Personnel, Equipment
and Vehicle)
Chairman
Moyer stated that this meeting was for overview purposes only and that this
item would be placed on the next regular meetings agenda for discussion.
VEHICLE FUEL EFFICIENCY STANDARDS
During the meeting staff
also committed to work with department heads to evaluate departmental needs to
determine which vehicles were best suited for their operations in order to find
the most fuel efficient vehicles possible for those operations. As staff has been working with departments on
this, they have determined that other options for vehicles may best suit the
needs of a couple of departments.
Therefore, staff is bringing back additional recommended standards for
additional classes of vehicles as you will see in the bottom table of the
document below.
Vehicle Fuel Efficiency
Standards Approved on August 12, 2008
|
Vehicle |
Standard MPG |
|
|
City |
Highway |
|
|
Patrol cruiser |
17 |
24 |
|
Full-size trucks |
15 |
19 |
|
Small trucks |
19 |
24 |
|
Sedans/Small cars |
24 |
30 |
|
Hybrid/Compact utility
vehicles |
34 |
30 |
Vehicle Fuel Efficiency
Standards Proposed September 2, 2008
|
Vehicle |
Standard MPG |
|
|
City |
Highway |
|
|
Small station wagons |
22 |
28 |
|
Mid-size station
wagons |
17 |
24 |
|
4WD/crew cab/extended
cab trucks |
13 |
17 |
|
Cargo vans |
13 |
17 |
|
Passenger vans |
12 |
16 |
|
Minivans |
17 |
24 |
|
Non-hybrid utility
vehicles |
20 |
27 |
|
Hybrid 4WD utility
vehicles |
29 |
27 |
Ms. Coffey stated that
essentially what they were doing is adding more vehicle options. She stated that the numbers for the hybrid
4WD utility vehicles were transposed.
The fuel numbers were derived from fueleconomy.gov which is taken from
the manufacturer.
Commissioner McGrady made the motion that the Board approves
the additional fuel efficiency standards with correction to the hybrid 4WD
utility vehicle. All voted in favor and
the motion carried.
WATER ISSUES UPDATE
County Manager Steve
Wyatt stated that he continued to have some dialog with the City Manager of
Asheville, Gary Jackson, along the lines of the city’s interest in being a
water supplier; their capabilities as they exist, and their potential
capabilities and interest. Mr. Jackson
has not backed off his interest to see
Chairman Moyer stated
that with respect to the current situation most were concerned about the
reserved capacity and the City of
The County Attorney
Chairman Moyer noted
that the Henderson County Commissioners have been working with the City of
Commissions McGrady
stated that the Governor and the General Assembly got together and have
commissioned both Duke and UNC to put together a statewide set of forms on
water issues. The first piece of the
discussion was what came to the General Assembly this last session and gave the
Governor some more powers but less than what he wanted to deal with water
crisis issues as they go forward. The
next step in the process is going to happen sometime soon as the listening
process has almost completed.
Commissioner McGrady feels that a recommendation will come from Duke and
UNC with respect to water generally. It
mostly focuses on water quantity not quality because there seems to be a
perception that the water quality issue is being addressed in different
fashions.
There
was nothing further at this time.
Steve
Wyatt briefly updated the Board that there was a potential storm “Hannah” that
could possibly come through our system in the following week. He was meeting with emergency management
officials from
IMPORTANT DATES
Chairman Moyer reminded
the Board that September 10 at 10:00 a.m. is the dedication of the new
Honor Air would be
having a reunion, a special program and a play called “We interrupt this
program” about World War II and they need the Commissioners’ meeting room
October 5 through October 12 to set up for the play. Tom Orr and Jeff Miller are asking that the
Board support the effort. There is a
scheduled meeting for the Board on October 6 and Chairman Moyer suggested
because of a meeting the following Wednesday, that the October 6 meeting be
cancelled. The presentation and event
begin October 11 and finish up on the October 12, 2008. Chairman
Moyer made the motion that the Board cancels the October 6 regular scheduled
board meeting. All voted in favor and
the motion carried.
Request for three (3)
public hearings on permanently closing of easement(s) on the David L. Bayless
and Ronald G. Calvert propertys; on the David M. Bayless property; and on the
James E. Schultz, Debra L. Kaufman and Lynn S. Gosnell property’s,
Hendersonville, North Carolina for October 15, 2008 at 11:00 a.m.
Commissioner McGrady made the motion that the Board set
public hearings for the permanent closing of easements on David M. Bayless property;
on David L. Bayless and Ronald G. Calvert property’s; and on James E. Schultz,
Debra L. Kaufman and Lynn S. Gosnell property’s for October 15 at 11:00
a.m. All voted in favor and the motion
carried.
CANE CREEK WATER & SEWER DISTRICT
Commissioner McGrady 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. Pursuant
3. Pursuant
Commissioner McGrady
made the motion that the Board go out of closed session. All voted in favor and the motion carried.
ADJOURN
Commissioner McGrady made the motion to adjourn. All voted in favor and the motion carried.
Attest:
____________________________________ _______________________
Teresa L. Wilson, Deputy
Clerk to the Board William
L. Moyer, Chairman