MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 9:00 a.m. in
the Commissioners' Meeting Room of the Historic Courthouse on
Those present were: Chairman Bill Moyer, Commissioner
Also present were:
Planning Director Anthony Starr, Finance Director J. Carey McLelland, Deputy
Clerk to the Board Teresa Wilson, Research/Budget Analyst
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Commissioner Young led
the Pledge of Allegiance to the American Flag.
INVOCATION
Commissioner Williams gave
the invocation.
PRESENTATION TO
On behalf of the Board
of Commissioners, Chairman Moyer presented Elizabeth Corn, Clerk to the Board,
the “Outstanding Clerk of the Year” award from the North Carolina Association
of County Commissioners. This award from
presented at the County Commissioners Association Convention in
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.
Chairman Moyer assured Ms.
Rewert that this item was placed on the agenda and letters had been requested
from the public because the Board had not made a decision. If that decision had already been made they
would not have bothered to request the proposals. He verified with the
2. Linda Johnson – Ms.
Johnson represented the Friends of Etowah which is a non-profit
organization. They are trying to be very active in their community and
would like for the Board to consider the fact that the library would be a
central and vocal point for them to have their meetings, for a senior citizens
group, for young folks in the afternoon to have different programs to teach kids
how to play chess to let them know that there are other things besides Xboxes
and WII’s to play with. They want the building so that they can open it
up to the community so there will be a place, a standard place for people to meet
and have their business.
3.
4. Ted Owen – Mr. Owen
lives on
5. Patrick Kennedy – Mr.
Kennedy is the Chair of the Affordable Housing Coalition. The Affordable Housing Coalition began in
2004 as a partnership of non-profit human service agency in
6. Angela Fernandini – Ms.
Fernandini requested to speak during the public hearing.
7. David White – Mr. White
spoke in regards to use of the old Etowah Library for a pre-k program in the
Etowah community. They were at a meeting
two weeks prior and had 4-5 speakers of WCCA speaking to the benefit of “More
at Four.” Their plan is to serve
thirty-six (36) mostly four (4) year olds through this program. WCCA plans to invest approximately $50,000 in
the property to make sure it is ready to use and meets all the codes for a
pre-k program. They will be paying $2000
per month in lease for the building to the County.
8. Shelly Brown – Ms. Brown
is an attorney at Pisgah Legal Services.
She spoke in regards to substandard housing. Ms. Brown has had countless substandard
housing cases. She shared an example of
one case where a family moved here from
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested
the addition of Item F – Right of Way Agreement with Duke Energy for
Hillandale,
There were no further
changes to the agenda suggested.
Commissioner Messer made the motion to approve the agenda with
the additions as requested. All voted in
favor and the motion carried.
CONSENT AGENDA
Commissioner McGrady
requested that item I – Modification of HCTV-11 policy be pulled for
discussion.
Commissioner McGrady made the motion to approve the consent
agenda minus item I Modification of HCTV 11 policy. All voted in favor and the motion carried.
Chairman Moyer stated
that there had been some discussion in the community in regard to the public
resolution in support of the new Veterans Clinic in
The consent agenda
consisted of the following:
Minutes
Draft minutes were
presented for the Board’s review and approval of the following meeting(s):
August 26, 2008 - Special Called
Meeting
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, had provided the tax report dated September 5, 2008, for the Board’s
information and consent approval.
Tax Releases
A list of 97 tax release
requests was presented for the Board of Commissioners review and approval.
Suggested Motion:
I move the Board
approves the Tax Release Report as presented.
Tax Refund
A refund request was
presented for the Board of Commissioners review and approval.
Suggested Motion:
I move the Board
approves the Tax Refund Report as presented.
Approval of Order for Conditional Zoning District
R-2008-05-C
At this Board’s
September 2, 2008 regularly scheduled meeting, the Board approved the
conditional zoning district R-2008-05-C.
This rezoning was at the request of the Emergency Services Department to
allow them to store emergency equipment on County property adjacent to the
STATE OF
IN THE
MATTER OF THE REQUEST of the Henderson County Emergency Services Department,
Applicant,
To the
Approving
Authority
ORDER
GRANTING CONDITIONAL ZONING DISTRICT R-2008-05-C
************************************************************************
The
HENDERSON COUNTY BOARD OF COMMISSIONERS
having held a public hearing on September 2, 2008 to consider the request
initiated by the Board of Commissioners at the request of the Henderson County
Emergency Services Department, to
request a Conditional Zoning District, makes the following FINDINGS OF FACTS
and draws the following CONCLUSIONS:
FINDINGS
OF FACT
1.
A
public hearing was held by the Henderson County Board of Commissioners on
conditional zoning district request R-2008-05-C. All regular members of the Board of
Commissioners were present at the hearing.
2.
This
Order and the approval herein was moved by
3.
Henderson County
Emergency Services Department, hereinafter referred to as the “Applicant” is
the owner of the subject property.
4.
5.
Notice
of a public hearing, pursuant to the North Carolina General Statute and the
Henderson County Land Development Code §200A-314(C) and 200A-337(B) was duly
and timely given. This notice included
published notice in the Hendersonville Times-News on August 20, 2008 and August
27, 2008; posted signs on the property on August 21, 2008; and notices of the
hearing via first class mail to the owners of properties adjacent to the
Subject Area on August 22, 2008;
a.
The
Applicant’s conditional zoning district request is consistent with the Notice
of Public Hearing produced, published, and posted for the proceeding in that
the notice contemplated the size and scope of the request.
6.
Conditional
zoning districts are described and authorized by the Henderson County Land
Development Code in §200A-45 through §200A-51.
7.
The
subject property is a 9.98 acre portion of a 12.03 acre tract and is currently
zoned Residential District One (R1). The
southern part of the parcel is located in the WP-WS-IV-PA (
8.
The
subject property is adjacent to the Henderson County Landfill and is located in
the Foxwood Subdivision. The property
has access from
9.
Prior
to the adoption of the Land Development Code, the property was zoned R-15
(Medium-Density Residential). South of the subject property is currently zoned
Local Commercial (LC) and the remainder of the adjacent property is zoned
Residential District One (R1).
10. The subject property
currently contains a single-family dwelling and a large metal structure that
was previously used as a carriage house and barn.
11. The Landfill and a NCDOT
maintenance facility are to the south of the property and single-family
residences surround the remainder of the property.
12. There is no public water
or public sewer on the property.
13. The property has road
frontage on
14. The Henderson County
2020 Comprehensive Plan identifies the parcel as being located within the Urban
Services Area (USA). The
15. The request would change
the subject property from a Residential One (R1) zoning district to a Local
Commercial Conditional District (LC-CD) with conditions determined by the Board
of Commissioners based on staff recommendations.
16. The intended use of the
property is to store and access emergency equipment and for local government
storage and could only be used by the property owner for this purpose.
17. It is expected that the
intended use would generate an average of one trip per week and would have
little to no impact on the neighborhood in terms of traffic.
18. Planning staff met with
residents of the Foxwood subdivision on April 15, 2008 to hear and address
resident concerns.
19. The Technical Review
Committee considered the request on July 1, 2008 and voted unanimously (7-0) to
support the request.
20. The Planning Board
reviewed the application on July 17, 2008 and voted unanimously (6-0) to
recommend the proposal to the Board of Commissioners.
CONCLUSIONS
1.
All
parties, and all persons entitled to notice, have been given proper notice of
this hearing and afforded the right to be heard.
2.
All
parties were properly before the Board of Commissioners and all evidence
presented herein was credible and reliable.
3.
Henderson
County Code §§200A-314 and 200A-271 grant the Board of Commissioners the
jurisdiction to hear and make rezonings.
4.
The
rezoning does meet all the standards of the Land Development Code and the
rezoning should be GRANTED based on the reasons established below:
a.
The
subject area is in the Urban Services Area as identified by the Comprehensive
Plan and would be suitable for commercial development in keeping with the
surrounding community.
i. The intended use of the
property keeps with the surrounding neighborhood;
ii. The recommended
conditions put appropriate limits on the intensity and use of the property so
that the surrounding single-family homes will not be disturbed.
b.
The
subject property is adjacent to an existing Local Commercial zoning district
and rezoning this parcel would allow a contiguous Local Commercial zoning
district.
c.
Conditional
zoning allows this Board to make reasonable conditions on the parcel in order
to diminish or eliminate the impact the rezoning would have on the
neighborhood.
5.
Conditional
zoning districts require a public hearing but, as with other map amendments, is
fundamentally a legislative decision for this Board.
Based on the foregoing FINDINGS OF FACT and
CONCLUSIONS drawn, and it appeared to the HENDERSON COUNTY BOARD OF
COMMISSIONERS that the Rezoning must be GRANTED.
IT IS THEREFORE ORDERED by the HENDERSON COUNTY
BOARD OF COMMISSIONERS as follows:
The requested CONDITIONAL ZONING DISTRICT
has been GRANTED. The Applicant
must adhere to the conditions established in this Order as follows:
CONDITIONS
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.
2.
Stored
items shall be stored indoors. Outdoor storage shall not be allowed.
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.
4.
Access
to the rezoned portion of the Subject Area shall only be via the Henderson
County Landfill.
5.
The
portion of the Subject Area adjacent to
6.
The existing wooded areas as identified on the
site plan shall remain intact and shall comply with the provisions in condition
8.
7.
The
existing power line right-of-way shall remain open and unobstructed.
8.
The
proposed use(s) shall comply with the landscape design standards and off street
parking provisions as outlined in the Land Development Code.
9.
The Subject Area may be accessed at any time
for just cause to retrieve emergency service items stored on the premises.
ORDERED this the 17th day of September, 2008.
THE
By:
_________________________
ATTEST:
______________________
Teresa L. Wilson
Deputy Clerk to the Board
Suggested Motion:
I move that the Board approves Conditional
Zoning District Order R-2008-05-C as submitted.
Approval of Draft Order for Biltmore Farms VR-2007-03-A1
At this Board’s August
26, 2008 public hearing, the Board approved the amendment to the vested rights
order, titled VR-2007-03-A1. This
amendment was requested by the Applicant to allow them greater flexibility in
housing composition and to make some minor changes to the site plan. Following is an order reflecting the outcome
of the hearing and the conditions this Board placed on the development in the
amendment. At present the draft order
has been reviewed by the Planning Department and has been sent to the Applicant’s
attorney for her review.
IT IS HEREBY ORDAINED
AND ORDERED BY THE BOARD OF
STATE
OF
AMENDMENT
TO VR-2007-03VESTED RIGHTS ORDER
THIS
AMENDMENT, Henderson County VR-2007-03-A1, came on to be heard before the
Henderson County Board of Commissioners on 26 August 2008. After hearing and deliberations, the Board
makes the following findings and conclusions, and enters the following Order.
Findings
1.
The
Henderson County Board of Commissioners (“the Board”) accepted the application
from Biltmore Farms, LLC (made through Thomas A. Williamson, Vice President),
for amendment to Vested Rights Order VR-2007-03 pursuant to Chapter 189 of the
Henderson County Code, on June 13, 2008.
A public hearing, pursuant to Chapter 189 of the Henderson County Code,
and pursuant to the Rules adopted by the Board for hearings under Chapter 189,
was scheduled for 26 August 08.
2.
Notice
of the public hearing was published in The
Times-News newspaper on 13 August 2008, 16 August 2008, 20 August 2008 and
23 August 2008. On 13 August 2008,
personnel from the Henderson County Planning Department posted notice at the
project site advertising the public hearing.
Notices of the public hearing were sent to the applicant and to the
owners of real property adjacent to the site of the development proposed by the
Applicant on 13 August 2008.
3.
All
members of the Board were present for the hearing on 26 August 2008.
4.
At
the commencement of this hearing, the Board inquired as the persons or entities
who believed they should be parties to this proceeding, in addition to the
Applicant and the Henderson County Planning Department. The following persons, all adjacent property
owners, requested to become parties to this hearing, which request was granted,
without objection by the remaining parties, by the Board:
Edward R. Doyle, Jr.
5.
After
discussion by the Board and waiver from the Applicant and Party Doyle, the
Board of Commissioners held the amendment hearing as a public hearing not a
quasi-judicial hearing.
6.
All
parties to the proceeding, and all other witnesses, gave oath for their
testimony. The Board received Exhibit A
with attachments from Henderson County Planning Staff, plus Exhibits from the
Applicant and from Edward R. Doyle, Jr.
7.
The
Applicant proposes a residential development to be located on property identified by Henderson County
parcel identification numbers 9529-76-7505, 9529-83-8232, 9539-03-7259,
9529-91-6743 and located on McKinney Road (SR 1203) (“the subject property”).
8.
The
subject property fronts
9.
On
24 May 2007, the Board of Commissioners issued a Vested Rights Order for the
Applicant, VR-2007-03. The term of this
Vested Rights Order is five years.
10.
On
13 June 2008 the Applicant requested an amendment to the Vested Rights
Order. The Applicant asked for changes
to the Vested Rights Order to change the composition of housing structures;
decrease the open space; change the lot sizes; increase the total length of
pedestrian system and modify the road connections to reduce stream impact. As part of this application, the Applicant
submitted a modified master plan dated June 13, 2008.
11.
The
development was previously to include a total of not more than 653 residences
including 234 single-family dwellings, 42 duplexes, 49 triplexes, and 47
quadraplexes. The single-family
dwellings were not to be less than 1/3 acre in size.
12.
The
Applicant is now asking for an amendment to allow a total of not more than 635 residences
with 330 single-family dwellings, 11 duplexes, 57 triplexes, and 28
quadraplexes. Single-family residences
and triplexes increased while the number of duplexes and quadraplexes decreased
and there was an overall decrease in the number of residences.
13.
Because
of the increase in lots for the single-family residences, the Applicant is
requesting a 3 acre decrease in the amount of open space, from 240 acres in the
original order to 237 acres in the amendment.
The project maintains over 50 percent open space (50.4%).
14.
The
Applicant is also requesting an amendment to the lot size from no lots smaller
than 1/3 an acre to an average parcel size of 0.74 acres with some parcel sizes
below 1/3 acre. The average density
shall be 1.35 units per acre which is permissible under the current R1 zoning
for the property.
15.
The
Applicant requested a modification to combine the length of the sidewalks and
trails into one calculation instead of setting requirement for both separately
as is done in the original order. The
Applicant proposes an increase in the pedestrian system from 8.89 miles in the
original order to 9.73 miles in the amended plan.
16.
The
Applicant requested an elimination of a road connection between phases 5 and 7
as was proposed in the original plan so as to reduce blue line stream
impact. In addition they propose
eliminating the steep slope portion of the road loop in phase 7.
17.
In
addition the applicant is proposing a roundabout at the principal entrance of
the development to replace the existing
18.
Ed
Doyle submitted evidence to the Board regarding water quality and the
environmental impact of the project.
Several other speakers presented similar testimony.
19.
The
Applicant testified the amendments were requested to better meet market demands
and to allow a better mix of housing options in the project.
From the foregoing, the Board concludes as
follows:
1.
That
the Board has the authority to vest development rights in the Applicant
pursuant to N.C. Gen. Stat. §153A-344.1, and pursuant to Chapter 189 of the
Henderson County Code.
2.
That
the Board should permit the amendment to the Applicant’s vested rights order
pursuant to the revised site specific development plan submitted by the
Applicant, subject to the conditions stated below.
3.
That
the conditions stated below are appropriate and necessary to protect the public
health, safety and welfare.
WHEREFORE, IT IS ORDERED as follows:
1.
That
the rights vested are for a total of not more than 330 single-family units on
individual lots and not more than 305 town-home units of which no more than 112
units may be in quadraplex buildings. This replaces condition 2.d. of Vested Rights
order VR-2007-03.
a.
There
shall be no more 28 quadraplex buildings housing 112 units and no more than 67
triplex structures housing 201 units.
b.
The
Applicant shall have the ability to modify composition of multifamily units as
follows:
i. The Applicant may
transfer a quadraplex structure into a triplex building.
ii. The Applicant may make a
triplex building into a duplex structure.
iii. The Applicant may not
make any multifamily unit into a single-family residence.
iv. No unit may be made into
a structure of a higher density such as a single-family being turned into a
duplex or a duplex turned into a triplex.
v. The total number of
units may not be greater than 635.
2.
The
Applicant shall be vested to an average density of no more than 1.35 units per
acre with an average lot size of no fewer than 0.74 acres per unit. This
replaces condition 2.e of Vested Rights order VR-2007-03 in conjunction with
provision 3 below.
3.
The
Applicant shall be vested to an ability to sell single-family lots as lots or
as land/home packages and not vested to land/home packages only. This modifies
Finding 31 and condition 2.w. of Vested
Rights Order VR-2007-03.
4.
There
shall be a minimum of 237 acres of open space within the subject property as
developed. “Open space” means “an area that is intended to provide light and
air, and is designed for either environmental, scenic or recreational purposes
and shall not include roads, any areas dedicated or reserved for roads, land
within setbacks or separation areas, internal or external roads, rights-of-way,
driveways, parking spaces, sale or model homes, and areas needed for
aboveground utility facilities including water supply or sewage disposal
systems. This replaces condition 2.n. of
Vested Rights order VR-2007-03.
5.
A
minimum of 9.73 miles of pedestrian trails and sidewalks must be provided. As part of this total length, the Applicant
must provide sidewalks on at least one side of a road in the areas of
multifamily units. This replaces condition 2.o. and 2.p. of Vested Rights order
VR-2007-03.
6.
The
Applicant shall be vested to the master plan submitted to the Planning
Department on June 13, 2008.
7.
All
provisions and conditions in the original order VR-2007-03 that have not been
amended by this order remain intact and the Applicant shall be liable to comply
with those provisions.
8.
The
timeframe for vested rights shall not change from the original order and
continues to run.
As ordered by the Board upon motion duly made
and seconded and unanimously adopted this the 17th day of September,
2008.
By:
______________________________________________
WILLIAM
MOYER, Chairman
Attest:
_________________________________________
Suggested
Motion:
I
move that the Board approves the amendment to the Biltmore Farm Vested Right
Order VR-2007-03-A1 as submitted by staff.
Maintenance of Effort Fund Reallocation Policy
Pursuant
to NCGS 122C-115, Henderson County annually budgets for, and grants to local
agencies via Western Highlands Local Management Entity (LME), funding for the
provision of mental health, developmental disabilities and substance abuse
services in the County. Through this funding, at the November 5, 2007 meeting,
the Board granted $50,000 to Partnership for Health to offset the cost of
medications dispensed through the Community Health Network pharmacy.
Divestiture
of the pharmacy from Partnership for Health to The Free Clinics was planned for
June, 2008, and has since occurred. Partnership for Health has notified
The
Board is requested to approve the Maintenance of Effort Fund Reallocation
Policy as presented. The Board is also requested to approve the reallocation of
$25,036.76 from Partnership for Health to The Free Clinics.
Suggested Motion:
I move the Board approve the Maintenance of Effort
Fund Reallocation Policy as presented. I further move that the Board approve
the reallocation of $25,036.76 from Partnership for Health to the Free
Clinics.
MAINTENANCE OF EFFORT FUNDING - REALLOCATION POLICY
Purpose:
Pursuant
to NCGS 122C-115,
Procedure:
1. Reversion of
Previously allocated funds shall be returned for
reallocation by
a. When the agency fails to use or re-contract for the
allocated funds within the contract period.
b. If the agency eliminates the service(s) the grant was
approved for prior to the end of the contract period.
c. In the event the agency is determined to have
improperly used the allocated funds.
2. Notification
to
The agency shall contact the grant administrator to
make notice that the MOE funds will not be used within the contract period. The
grant administrator will work with the agency to determine whether the funds
may be used into the next contract period, or if the funds should be returned
for reallocation.
3. Reallocation
of Funds
If it is determined that the funds should be returned
for reallocation, the following procedure shall be followed:
a. The agency shall return the unused portion of the MOE
funds directly to Western Highlands LME.
b. The Board of Commissioners will be notified of the
reversion of funds.
c. The Board of Commissioners will determine if the
reverted funds are to be designated to another agency.
d.
4. Selection of
Funding Designation
The Board of Commissioners may consider the following
in determining the agency(s) selected for fund reallocation:
a. Review of previously submitted applications
b. Recommendation of Staff
c. Recommendation of Western Highlands LME
5. Disclaimer
Suggested Motion:
I move that the Board approves the
Maintenance of Effort Fund Reallocation Policy as presented. I further move that the Board approves the
reallocation of $25,036.76 from Partnership for Health to the Free Clinics.
Traffic Safety Grant
The Henderson County
Sheriff’s Office requests that the Henderson County Board of Commissioners
approves the grant contract resolution which will provide continued funding for
an existing law enforcement position.
This is a continuation of the previously approved traffic grant provided
by the North Carolina Governor’s Highway Safety Program. A copy of the resolution is attached hereby
and incorporated as a part of the minutes.
Suggested Motion:
I move that the Board approves the grant
contract resolution and authorize Sheriff Rick Davis to proceed with the
approved traffic grant.
Statement of Intention for Standard or Electing Status for
the Work First Program
State
law requires each county, biennially, to submit a County Work First Block Grant
Plan to the Division of Health and Human Services (DHHS). The SFY 2010-2011 Plan is due to the state
October 31, 2008.
Each
The
Henderson County Board of Social Services recommends continuing status as a
standard county. Standard status is
recommended based on:
·
Current and projected slow economy
·
Financial risk to electing status counties if resident
participation exceeds capped Federal revenue
ð
Electing counties are responsible for the cost of cash assistance payments that
result from increased caseloads beyond the funds that have been allocated
ð
Standard counties are not required to budget additional funds if caseloads
increase beyond the level projected in estimates.
Suggested
Motion:
I
move the Board approve continuance of Standard county status for
Resolution in Support of new Veterans’ Clinic in
On behalf of
Although
The resolution, if
adopted, requests that Senators Dole and Burr and Representative Shuler use their
greatest efforts to move this project forward expeditiously so that our
Suggested Motion:
I move that the Board of Commissioners
approves the “Resolution in Support of a New Veterans’ Clinic in
Engineer Selection – FY09 Facility Improvement Study –
As directed by the Board in FY08 during the
Solid Waste Vision Presentation, Engineering staff solicited engineering firms
to perform the FY09 Solid Waste Facility Improvement Study. The study will review the existing Stoney
Mountain Facility and develop a plan to address existing problems with traffic,
access and to analyze and incorporate an expanded recycling operation.
In accordance with NC General Statute 143-64.31
(Procurement of Architectural, Engineering, and Surveying Services), staff sent
a Request for Qualifications (RFQ) to all the local consultants in Henderson
County and others that have expressed interest in working with the County. Staff also posted the RFQ on the County’s
website. The responses were received by
August 18, 2008 and the following firms submitted Statements of Qualifications:
Camp Dresser & McKee Inc. (CDM), Joyce Engineering Inc., McGill and
Associates PA, and Municipal Engineering Services Company PA.
A detailed review of the firms was conducted by
staff based on the criteria established within the RFQ. The selection criteria
are as follows: Project Team, Project Experience, Planning Performance,
Relationship with Funding and Regulatory Agency and Customer Service. McGill and Associates was selected by staff
as the most qualified.
Upon approval of McGill and Associates as the
most qualified firm, staff will negotiate an Engineering Agreement and present
it to the Board at a future meeting. In
the event a reasonable agreement cannot be negotiated, staff will present the
next most qualified firm to the Board and then continue the process.
Authorize the selection of McGill and Associates
as the most qualified responding engineering firm to conduct the FY09 Solid
Waste Feasibility Study.
Suggested Motion:
I move that the Board authorize the selection of McGill and
Associates as the most qualified responding engineering firm to conduct the
FY09 Solid Waste Feasibility Study and direct staff to negotiate an agreement
for the Board’s approval.
Engineer Selection – FY09 Stormwater Master Plan –
As directed by the Board in FY08 Strategic Plan
and during the August 2008 Board meeting, Engineering staff solicited
engineering firms to perform the FY09 Stormwater Master Plan. The Master Plan will inventory existing
conditions within critical areas within the County, model stormwater, develop
and prioritize improvements and develop a proposed Stormwater Ordinance for the
Land Development Code. The Stormwater
Ordinance will create a delegated Stormwater Program from the State similar to the
County’s delegate Erosion Control program begun in October 2008. In turn, a County Stormwater Program would
not be an additional expense to our community; it would simply move the
Stormwater fees from the State to the County.
The approved Clean Water Management Trust Fund Mini-Grant will fund this
Master Plan.
In accordance with NC General Statute 143-64.31
(Procurement of Architectural, Engineering, and Surveying Services), staff sent
a Request for Qualifications (RFQ) to all the local consultants in Henderson
County and others that have expressed interest in working with the County. Staff also posted the RFQ on the County’s
website. The responses were received by
August 18, 2008 and the following firms submitted Statements of Qualifications:
Brown & Caldwell, Cavanaugh & Associates, HDR Engineering Inc.,
LandDesign, Laughter, Austin & Associates PA, and McGill and Associates PA.
A detailed review of the firms was conducted by
staff based on the criteria established within the RFQ. The selection criteria are as follows:
Project Team, Project Experience, Planning Performance, Relationship with
Funding and Regulatory Agency and Customer Service. McGill and Associates was selected by staff
as the most qualified.
Upon approval of McGill and Associates as the
most qualified firm, staff will negotiate an Engineering Agreement and present
it to the Board at a future meeting. In
the event a reasonable agreement cannot be negotiated, staff will present the
next most qualified firm to the Board and then continue the process.
Authorize the selection of McGill &
Associates as the most qualified responding engineering firm to conduct the
FY09 Stormwater Master Plan.
Suggested Motion:
I move that the Board authorize the selection of McGill
& Associates as the most qualified responding engineering firm to conduct
the FY09 Stormwater Master Plan and direct staff to negotiate an agreement for
the Board’s approval.
NOMINATIONS
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
1.
Child Fatality
Prevention Team – 2 vac.
Deputy Clerk Terry
Wilson stated that the Chair Dr. Diana Curran recommends the appointment of
Andrew Anderson for position #1.
Commissioner McGrady nominated Andrew Anderson for position #1. Chairman
Moyer made the motion to accept the appointment of Andrew Anderson to position
#1 by acclamation. All voted in favor
and the motion carried.
Deputy Clerk Terry
Wilson stated that the Chair Dr. Diana Curran recommends the appointment of Ellie
Lee for position #3. Chairman Moyer noted that this position
had been vacant for quite some time as the criteria for the position was a
parent of a child who died before their 18th birthday. Commissioner McGrady questioned if an
application was a file (Terry stated it was in route) and further nominated
Ellie Lee for position #3 subject to receipt of her application. Chairman
Moyer made the motion to accept the appointment of Ellie Lee to position #3 by
acclamation. All voted in favor and the
motion carried.
2.
Community Child
Protection Team (CCPT) – 5 vac.
Commissioner McGrady
noted that positions #1-4 were currently serving and willing to be
reappointed. He further nominated
Phyllis Bentley for position #1, Dr. Alice Arrowood for position #2, Patricia
Jones for position #3, and Paula DeLorenzo for position #4. Chairman
Moyer made the motion to accept the appointment of Phyllis Bentley to position
#1, Dr. Alice Arrowood to position #2, Patricia Jones to position #3, and Paula
DeLorenzo to position #4 by acclamation.
All voted in favor and the motion carried.
3.
Deputy Clerk Terry
Wilson stated that Terry Layne recommends the appointment of Mark Stepp for
position #7. Commissioner Williams
nominated Mark Stepp for position #7. Chairman Moyer made the motion to accept the
appointment of Mark Stepp to position #7 by acclamation. All voted in favor and the motion carried.
4.
Environmental Advisory
Committee – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
5.
There were no
nominations at this time so this item was rolled to the next meeting.
6.
Historic Resources
Commission – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting
7.
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.
8.
Hospital Corporation
Board of Directors – 3 vac.
Chairman Moyer noted
that currently serving were Kathy Watkins, Dr. Peter Goodfield, and J. W.
Davis; Kathy Watkins has indicated that she cannot continue to serve on the
Board. Dr. Peter Goodfield is a
practicing Doctor at Pardee and is working in the professional ethics area to
be sure they have the highest quality of care.
J. W. Davis has a financial background has been very instrumental in the
financial work. Chairman Moyer felt that
it was important that both remain on the Board.
With respect to position #1 Chairman Moyer had spoke with several people
and recommended Linda Sokalski to the Board of Commissioners. Mrs. Sokalski has a PHD with a background in
electrical engineering, has worked in Communications and also served on the
Community Foundation Board at the hospital.
This Board takes a considerable amount of time. Chairman Moyer nominated Dr. Peter Goodfield
for position #8, J. W. Davis for position #10, and Linda Sokalski for position
#1.
|
1. Chuck McGrady |
2. Mark Williams |
3. Bill Moyer |
4. |
5. |
|
Sokalski |
Lucas |
Sokalski |
Sokalski |
Lucas |
Linda Sokalski was
appointed to position #1 with a majority of the votes.
9.
Juvenile Crime
Prevention Council – 10 vac.
Deputy Clerk Terry
Wilson stated that the JCPC Committee recommends the appointment of Sarah
Summey for position #12. Commissioner
McGrady nominated Sarah Summey for position #12. Chairman Moyer made the motion that the
Board accepts the appointment of Sarah Summey to position #12 by
acclamation. All voted in favor and the
motion carried.
10.
Nursing/Adult Care Home
Community Advisory Committee – 1 vac.
Deputy Clerk Terry
Wilson stated Roanne Welsh was currently serving in position #13 and willing to
be reappointed. Commissioner McGrady
nominated Roanne Welsh for reappointment for position #13. Chairman
Moyer made the motion that the Board accepts the reappointment of Roanne Welsh
to position #13 by acclamation. All
voted in favor and the motion carried.
11.
Senior Volunteer
Services Advisory Council – 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
12.
Chairman Moyer stated
that this is the group that handles mental health and our representative on
there is Steve Wyatt. Commissioner
Williams nominated Steve Wyatt for reappointment for position #1. Chairman Moyer stated that this position
carries a tremendous amount of responsibility and time. Chairman
Moyer made the motion that the Board accepts the reappointment of Steve Wyatt
to position #1 by acclamation. All voted
in favor and the motion carried.
ETOWAH INCORPORATION REQUEST
Chairman Moyer stated
that Linda Johnson had requested this item be placed on the agenda for
today. The Friends of Etowah Incorporation Committee had gone to
Linda Johnson stated–
“Thanks you for allowing us this time and I hope that the packets that we
provided for you gave you a lot of information. The committee (we don’t
come to you all puffed up and proud), the work that we’ve done has been very
humbling. It’s been a very humbling experience. This road has been
long and it’s been hard. At the same time it’s been rewarding and
educational. We’ve gained friends and we’ve lost friends but the
commitment has brought us through it all. We realize that through this
effort we have only touched on the edges of a pain staking process to become a
successful town. We’ve watched some of the trials that the Henderson
County Board of Commissioners have had to face and we’ve watched you gentlemen
make decisions and realize how difficult it can be. Now I present this
effort to you, I asked you to please open your minds and see that we have
recognized our own needs. Each community in this County is
different. We have set at many meetings and have been to very many County
offices to get the education and the information that we needed to make sure
that we were doing the right thing for our community. We ask you at this
time to uphold us in our effort to create our destiny. Now at this time
we are willing to answer any questions, we have people here that have worked on
the committees, on the various different things that will be willing to answer
anything that you all have.”
Chairman Moyer stated
that our legislatures have indicated that they would like to hear from the
Board of Commissioners before they move forward on this recommendation for the
Etowah Incorporation.
Commissioner McGrady had
attended some of the Etowah organizing meetings and had also attended the Small
Area Planning meeting that occurred. He
feels that it is fair to say that this whole effort came out of a set of land
use issues that occurred in the Etowah area, specifically Biltmore Farms and
Commissioner Young
stated that he had received many comments both for and against the incorporation. He represents the area of
Chairman Moyer
questioned Commissioner Young as to whether he would prefer the referendum now
or after the small area planning process was complete. Commissioner Young felt that the citizens
should be allowed to go ahead with the referendum decision.
Commissioner Williams
was in agreement with Commissioner McGrady.
He felt that once the small area planning process has been established
the incorporation would be considered.
Mr. Williams also felt it was appropriate for the citizens to vote by
referendum.
Commissioner Messer was
in agreement with Commissioners McGrady and Williams. The citizens he has spoken with did have
concern with the action taken by legislatures from time to time on
annexation.
Chairman Moyer requested
that Planning Director Anthony Starr come to the podium with an update on the
small area planning process.
Anthony Starr stated
that the committee has made tremendous progress and he anticipated that they
would take up their last remaining section of the plan the following Monday and
after completion of the discussion it would allow the Planning Department to
have a preliminary draft in October. A
public input session has tentatively been scheduled for January on the draft
and if there are no major changes the committee would present the draft to the
Planning Board and on to the Board of Commissioners for consideration in early
to mid spring.
Chairman Moyer shared
the concerns raised by the Commissioners and he felt that the planning process
should continue to run, then based on what he has heard a referendum would be
essential in order to determine what the position of the community really is.
Commissioner McGrady made a motion that the Board defers
taking a position on the Etowah Incorporation until the completion of the small
area planning process and at that time the incorporation issue be put to a
referendum for the people of Etowah who live in the proposed area and the Board
of Commissioners so advise the legislature as to their position. All voted in favor and the motion carried.
DRAFT MINIMUM HOUSING CODE
Chairman Moyer stated
that the board heard many good comments from various groups this morning in
respect to the draft minimum housing code.
He felt that the draft was moving in the direction of where he felt it
should be, more stream lined and easier to read. Chairman Moyer suggested scheduling a public
input session to hear from all the people in the community and then hold a
workshop to decide where the Board wishes to go with respect to the minimum
housing code. He would like to have the
code adopted by the end of the year.
It was the consensus of
the Board that a public hearing be scheduled to hear from the people and then a
workshop.
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
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 new draft was presented at the
September 2, 2008 Board meeting.
FORMER ETOWAH LIBRARY USE
County Manager Steve Wyatt stated that after the
September 2, 2008 meeting, the Board of Commissioners directed Staff to
formally solicit proposals for the use of the former Etowah Library building. There
have been several inquiries, phone calls and emails in regards to the former
Etowah Library building and the potential for reuse. Internally the staff has looked at
possibilities for County operations. The
interest for the Sheriff’s Department substation would not be within the
timeframe of the next few years. There
is also some consideration about an
Mr. Wyatt outlined the three proposals received
by deadline as follows:
WCCA –
WCCA would like to use the former
· A functional kitchen
· Child size bathroom
facilities
· Partitioned for two
classrooms
· A well equipped
playground
· Exists to the playground
from both classrooms
· Space for an on-site
administrator
According to a report from the
WCCA needs to take action quickly. The sooner space is secured the sooner
children will receive these needed services.
In order to quality these slots for the state More at Four program the
children will need to be served no later than November 2008.
WCCA is proposing to lease the building for a
period of 3 years with the option to extend the lease for up to 24 months with
the monthly fee of $2,000. Their
proposal also includes a $50,000 investment in improvements. Staff is comfortable with the proposal and
recommends that the Board authorizes staff to go ahead and have the
Commissioner Young stated that he had heard
there were problems with the septic tank at the former Etowah library and asked
the
David White, executive director, stated that
Margit Sheldon had spoken with the County folks who deal with the issue and it
is a concern. It may limit the amount of
children served initially until they can figure out a solution.
Commissioner Messer stated that the
Commissioners did not have their minds made up when they came to the meeting
today. WCCA had provided the best
proposal. Commissioner Messer made the motion that the Board support staff’s
recommendation and authorizes the Chairman to execute a lease with WCCA consistent
with the terms discussed during the meeting today.
Commissioner McGrady stated that the proposal to
turn the former library into a community center is one that he supports however
the difference in the proposals is substantial in terms of the detail provided
by WCCA. He also feels that the
community center and the preschool are not necessarily inconsistent; WCCA is
proposing a relatively short term lease, so in a few years time when WCCA has
moved or discontinued this program the potential for using the former library
has a community center will still exist.
After looking at both proposals he liked the idea of adding a community
center but there is a more pressing need between the two non-profits for WCCA
and possibility down the road there is potential for both.
Commissioner Williams stated while he remained
open to the other options, he felt that WCCA’s proposal was well defined, well
thought out and would provide the County with some return and provide service
to the community.
Chairman Moyer was supportive of the motion and
recommendation. He could not separate
the Friends of Etowah proposal from the incorporation and felt that if the
incorporation went through the responsibility of a community/senior center
would fall on the Town of
Commissioner Young was in agreement and felt
that by accepting the proposal from WCCA, revenue would be generated for the
taxpayers of
Chairman Moyer reminded the Board of the motion
on the floor and a vote was taken. All voted in favor and the motion carried.
IAP –
Institute for Applied Philosophy
IAP proposed to use the building as a meeting
site, classroom, auditorium and philosophy library with books and publications
on philosophy. They hope to provide
audio and video courses on DVD, available to interested persons and
groups. They would hold classes on
various subjects and offer evening lectures for the general public, presented
by experienced and knowledgeable people from the community. They would also like to develop a program for
high school students in the area that emphasizes subjects not covered by high
school curricula. IAP would also make
the building available to other local groups who would like to use it as a
temporary meeting place. IAP suggested
$500 per month for lease.
Friends of
Etowah
The Friends of Etowah proposed to use the former
library as a Senior/Community Center for the Etowah community. They believe the building is perfectly suited
and situated to provide a space where the community could come together through
enriching leisure time activities.
Listed below are the possible functions and activities to be conducted
in the community center.
· Senior Citizen meetings
and activities to meet the needs of the community
· Community health
screenings and educational classes
· Arts and Crafts
activities (knitting, woodworking, painting, stained glass, etc.)
· Fitness and dancing
activities (yoga, square dancing, etc,)
· Card and board games
(bridge, mah jongg, checkers, chess, etc.)
· After-school programs
for teens
· Intergenerational
programs
· Linkage to community
services to the elderly through Council-on-Aging
The Friends of Etowah is a non-profit
organization, charter earlier this year.
As such, they have not anticipated any expenses for rents and
leases.
SALES TAX REFERENDUM – UPDATE AND DISCUSSION
Chairman Moyer reminded
citizens that the November 4 date is getting closer and he wanted to keep the
sales tax referendum “in front of them”.
LGCCA members had discussed this item at their meeting the day before
and the Board requested support from the other municipalities. He felt it was incumbent upon the
Commissioners, with the short time available, to continue to spread the word if
they want a chance of the referendum passing.
Chairman Moyer finds that the more people he speaks with and explains
the debt service situation and the resolution that was passed, the more
citizens that are now in support.
FACILITIES ISSUES
Assistant County Manager
· What’s the best use for
the old Health Department building?
· What’s the best course
of action to assure adequate and effective space for the current and future
Sheriff’s Department needs?
· How does the County best
meet facility needs for the District Attorney, Clerk of Court, Register of
Deeds, Public Defender, and other Court related operations? (Overcrowding in
the 1995 Courthouse)
· Where is the future
location for EMS HQ/Base? (Currently at
· What’s the best use of
the old water department building?
Background
The Board noted unanimously
on November 15, 2008 to move the occupants of then land development building
(Planning, Zoning, Inspections, and Emergency Services) into the King Street
building and to include the Law Enforcement Center as part of the twelve year
capital plan. Commissioner Williams
stated that he was not on the Board at that time.
Solutions for Local Government study
· Determined that Sheriff
would not fit long term into
· Recommended relocation
of
· Recommended construction
of
1995 Courthouse
· District Attorney and
Clerk of Court are looking for more office space
· Public Defender’s Office
addition
· Register of Deeds needs
storage space
· Need of a Law Library
In June 2008 an
assessment was done which confirmed that the Sheriff’s Department would not
effectively operate in the
· Best use for
· Adequate space for
Sheriff’s Department
· Relief of 1995
Courthouse overcrowding
· Future EMS HQ/Base needs
Challenge #1 – Best use for
·
What current and
future facility needs can be addressed by the renovation and reuse of the
Challenge #2 – Sheriff’s Department Space Requirements
·
Currently
occupying multiple facilities (creates costly inefficiencies) with no room for
growth
·
·
Currently
occupying 22,724 square feet with 12 year projection at over 31,000 square feet
Challenge #3 – Insufficient Space at 1995 Courthouse
The following occupants of the
1995 Courthouse have grown beyond their current space:
·
Register of Deeds
(storage space needed)
·
Clerk of Courts
(crowed, no space for growth)
·
District Attorney
(no space for growth)
·
Judges and
Attorney Conference (no growth)
Challenge #4 – Relocation of
·
Relocation to
provide space for Hospital expansion
·
Current plan is
to occupy bottom floor of
Assets
A.
B.
C.
Chamber of
D. Unfinished space within the
A –
·
13,000 square
feet of space
·
Available
immediately for rehabilitation
·
Estimate
renovation cost dependent on function
B –
·
9,600 square feet
·
Available
immediately for rehabilitation
·
Environmental
concerns – remediation costs unknown
·
Renovation cost
unknown
C – Chamber of Commerce Building
·
4,200 square feet
·
Available in 1- 2
years
·
Renovation cost
unknown
D – Human Services Building Unfinished Space
·
4,000 square feet
in DSS
·
5,000 square feet
in the Health Department (use of 2,700 square feet tentatively planned for
dental clinic)
·
Available
immediately for finishing per function
·
Finishing costs
unknown
Options
Sheriff to
·
The HSMM study
presented in July 2008 to the Board confirmed that the Sheriff’s Department was
not a feasible occupant of the
Sheriff to
·
Move to
·
Then move the
Sheriff into the
Sheriff to
·
Emergency
Management: 8,300 square feet
·
Wellness
Clinic: 1,000 square feet (added)
·
·
Building
Inspections/ESC: 2,000 square feet
·
Zoning: 2,000 square feet
·
Engineering/SSWSD: 1,500 square feet (added)
·
Planning /
Meeting Room: 6,000 square feet
·
Total: over 22,000 square feet
o
The approved
November 2006 plan for the
o
At 13,000 square feet the
o
The 2006
Solutions for Local Government Study on the Sheriff Department concluded that
the
o
Current Sheriff’s Department operations occupy
22,700 square feet
o
o
While the square
footage is comparable, it is anticipated that Sheriff’s Department needs for
additional office space will mirror the growth of the County. The projected 2020 requirement is 31,000.
o
The renovation
cost to make today’s Sheriff’s Department fit is unknown.
o
The cost to
expand the facility to meet future needs is also unknown.
o
Therefore,
this option is not best for either the existing
o
It solves the Old
Health Building Challenge but creates a Challenge for the
1995 Courthouse Occupants
County Departments
Location not courtroom
Dependent
·
Tax
Assessor: 6,900 square feet
·
Tax
Collector: 2,800 square feet
·
Register of
Deeds: 5,800 square feet
·
Information
Technology: 3,500 square feet
Location not Courtroom
Dependent
·
Child
Support: 1,900 square feet
·
Probation,
Juvenile: 1,200 square feet
·
Probation,
Adult: 6,200 square feet
·
Guardian Ad
Litem: 1,000 square feet
Location Courtroom Dependent
·
District
Attorney: 2,200 square feet
·
Public
Defender: 1,000 square feet
·
Clerk of
Court: 10,600 square feet
·
Courtrooms, Judge
Officer, etc.
Tax Assessor and Collector
·
Assessor and
Collector need to be adjacent
·
Adjacency
relationship with Register of Deeds minimal (electronic communication
possible):
·
Adjacency
relationship with Clerk of Court minimal for property ownership information
through non deed transfers (electronic communication possible)
·
Courthouse
provides element of security
Probation (Adult and Child), Guardian Ad Litem, and Child Support
·
Some Courtroom
adjacency needs
·
If moved would
still need some conference space in Courtroom
·
Lease with
Probation is not current
·
Moderately
inconvenient but possible to move from Courthouse to
Information Technologies
Ms. Coffey addressed the issue
of moving the IT function to far away as it currently houses all of the County
servers, all of the main infrastructure for technology, and it would be costly
to move the fiber, wiring and cabling.
·
Courthouse is
Central Hub for IT Infrastructure
·
IT Training Room
with Training Computers is
·
Significant
issues with Information Technology infrastructure relocation
Register of Deeds
·
Some Courtroom
adjacency for convenience to legal community
·
Adjacency to
Clerk of Court for recording procedures is important
·
Difficult to move
from Courthouse (Clerk of Court)
Options
Move Tax Collector and Assessor
·
·
Total space
needed currently: 9,700 square feet
·
Space available
for Growth: 3,300 square feet (34%)
·
Add drive up
window during renovation at relative low cost
Move Probation, Child Support, Guardian Ad Litem
·
Total space
needed currently: 10,300 square feet
·
Space available
for Growth: 2,700 square feet (26%)
·
If moved would
need minimal space in Courthouse (less than 500 square feet)
o
The space vacated
can provide expansion and reasonable growth for the remaining occupants of the
1995 Courthouse
o
10,300 square
feet available to meet identified/requested needs
o
Will meet current
and future justice related office space needs
o
Will indefinitely
delay need for courthouse expansion
Other Considerations
·
Impact on
Wellness Clinic of relocation
·
Loss of heavily
used
·
Loss of potential
consolidated emergency services/EMS/EOC/EMS Base
·
Loss of future
human services expansion space
Recommendations
·
Move Probation
(Adult and Child), Guardian Ad Litem and Child Support to renovated
·
Vacated spaced
becomes available to remaining occupants in 1995 Courthouse
·
Chairman
Moyer had concerns with the study and recommendations and provided the
following recommendations:
Ø The operations related to the 1995 Courthouse should
remain as close to or in the Courthouse for efficiency purposes being moved to
the Old Health Department as a reasonable step.
Operations that relate to the Health Department and DSS should be as
close to that building as possible if it is part of their overall operation.
Ø The County needs to consolidate the Sheriff’s
operations and it needs to be done now other than the evidence storage area in
which a metal storage building could be erected. Chairman Moyer feels that the
Ø The Chamber building will be available sooner and he
feels that will provide some space that may be used and is relatively close to
the Courthouse.
Ø
Ø The old water department building space is useable and
the minimum that could be done is use the meeting space located there in the
conference room.
Ø The
Ø A good hard look should be taken at the dental program
as he felt it was duplicative and not needed.
Commissioner
McGrady felt that there were a lot of issues but he was not in agreement with
all of Chairman Moyer’s suggestions. Commissioner McGrady recommended the
following:
Ø Operations that relate to the Courthouse should remain
in the Courthouse
Ø The consolidation of the Sheriff’s Department should
remain in the long term goal – It remains on the capital goal and is only
around six (6) years out. The
Ø The
Ø The Chamber building may possibly be used for Child
Support and Guardian Ad Litem
Ø The old health building could be used to consolidate
Ø The old water department building will probably cost
more to renovate than tear down and rebuild
Commissioner
Young agreed with comments of both Chairman Moyer and Commissioner McGrady and
recommended the following:
Ø The impound lot is a big piece of property adjoining
the 1995 Courthouse along with the old water department property. He feels the water department building is not
worth spending money on. Move the
impound lot and then use both properties to build a Courthouse Annex for the
Tax Assessor and Tax Collector and if a multi-story building is built it could
also house the Sheriff’s Department.
Ø The old Chamber building could be utilized for the
Guardian Ad Litem
Commissioner
Williams feels that a workshop is in order.
He had the following suggestions:
Ø The
Ø The
Ø Use assets we have effectively and efficiently
Additional
minutes follow in regards to Facilities Issues after the public hearing.
Break
A
break was taken to change video tapes.
Chairman
Moyer called the meeting back to order.
PUBLIC HEARING – LDC TEXT AMENDMENT #TX-2008-03,
CONSERVATION SUBDIVISION OPTION IN THE R-40 (ESTATE RESIDENTIAL) ZONING
DISTRICT
Commissioner Williams made the motion for the Board to go
into public hearing with respect to LDC Text Amendment #TX-2008-03,
Conservation Subdivision Option in the R-40 (Estate Residential) zoning
district. All voted in favor and the motion carried.
Planning Director
Anthony Starr stated 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, a request was made that the Board of Commissioners consider allowing
conservation subdivisions in the R-40 (Estate Residential) zoning
district. The text of the R-40 (Estate
Residential) zoning district was included in the LDC and the old zoning
ordinance did not include the provision for conservation subdivisions.
Conservation
subdivisions are characterized by open space and clustered more compact
lots. They must have a minimum of 25% of
the project area retained as open space and meet the requirements of the
standards for conservations subdivisions in the Land Development Code. An advantage of the conservation subdivision
is that it protects natural and sensitive features and community character while
providing the owner with the ability to get a density bonus and minimize
infrastructure cost providing more affordable housing or at least the
opportunity for that. Mr. Starr feels
that having minimum lot sizes does not do anything to preserve minimum rural
character. In order to get the 20% bonus
50% of the project property would have to be dedicated open space.
At the March 27 hearing
there was a request from the public to add this as an additional change and so
the Board has moved in that direction to consider that request. The current language can be found in section
B of §200A-37 simply by striking out the word not and adding…minimum lot sizes
shall not apply when using the Conservation Subdivision option and an average
density of 1 unit per 40,000 square feet shall be applied.
At the request of the
Board, the text for the R-40 district was left intact. Staff has proposed the text amendment provided
(#TX-2008-03) to the Land Development Code to address the issue.
The Henderson County
Technical Review Committee (TRC) reviewed the request at its meeting on June 3,
2008 and voted 7-0 to recommend that the Board of Commissioners approve text
amendment #TX-2008-03 to allow the conservation subdivision option in the R-40
zoning district.
The
Henderson County Planning Board considered the proposed text amendment
(#TX-2008-03) at its meeting on June 19, 2008 at which time the Board voted 6-0
to send the Board of Commissioner a favorable recommendation to allow
conservation subdivisions in the R-40 zoning district.
PUBLIC NOTICE:
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 17, 2008, public hearing regarding text amendment
#TX-2008-03, were published in the Hendersonville Times-News on September 3,
2008 and September 10, 2008.
Planning
Staff recommends that the Board of Commissioners approve text amendment
#TX-2008-03 to the Land Development Code as it is consistent with the
recommendations of the Henderson County 2020 Comprehensive Plan.
Public Input
1. Angela Beeker – Ms.
Beeker spoke in favor of the amendment on behalf of Stephen Ledbetter who is a
non-resident property owner and owns two (2) acres on
2. Angela Fernandini – Ms.
Fernandini stated that she was aware the conservation subdivisions are the
types of subdivisions that are wanted in the County and they do preserve green
space. However a lot of R-40 district is
located where out tourists go to see nice pretty mountains with trees without
houses. She feels that if we start
opening up R-40 to a conservation subdivision it will take away from that. She questioned what would prevent someone
from coming in and buy multiple tracks of land from different property owners
and try to conjoin it into one major subdivision. Whether it was a regular subdivision or a
conservation subdivision she was concerned about the number of houses in those
R-40 areas. She urged the Board to look
at this option seriously and possibly consider allowing a special use permit on
a case by case basis instead of making such a change.
Commissioner Messer made the motion for the Board to go out
of public hearing. All voted in favor and the motion carried.
Commissioner
Young made the motion that the Board approves text amendment #TX-2008-03 to
Chapter 200A, Land Development Code based on the recommendations of the
Henderson County 2020 Comprehensive Plan, and any other conditions that the
Board discussed. After further discussion
all voted in favor and the motion
carried.
CONTINUATION
OF FACILITIES ISSUES
Chairman Moyer recommended that the Board should
schedule a workshop with a public hearing component for a month out and prior
to that ask the Sheriff to take a look at the studies and the building at 100
N. King Street and be prepared to come to the workshop to discuss the facility
with the Board, whether it would be adequate or not. He also felt that when the workshop was held
the people who may be affected would need to be present and provide their views
on the effect on their operation. We
need more specifics on the availability of the Chamber of Commerce building;
they opened their new site the prior week.
Commissioner Messer agreed that everyone
involved needs to be a part of the public hearing and workshop.
Commissioner Williams
not only want to look at the property that has been discussed but also look at
any other County property that may not be utilized at this time. He feels pretty strongly that the old health
department building is one property that the County needs to hold on to as a
valuable asset.
Commissioner McGrady
stated that a large meeting was held with everyone who has space in the
Courthouse and they all have perspectives that need to be heard.
Chairman Moyer felt it
was the consensus of the Board to direct the Sheriff to study the plans and the
building and be prepared to come back to the Board at the workshop. He felt that until the issues were resolved
the ongoing renovations at the
County Manger Steve
Wyatt updated the Board on the renovations at
RIGHT OF WAY AGREEMENTS
During its August 11,
2008, meeting, the School Board approved, (subject to legal counsel review),
three (3) Duke Energy Carolinas right-of-way agreements concerning the
Hillandale Elementary, Mills River Elementary and Dana Phase II construction
projects. The agreements will allow Duke
Energy to install underground three phase for Hillandale Elementary and Mills
River Elementary Schools and will allow them to relocate the three phase line
for Phase II of the Dana project.
Following the recent review of our legal counsel, a signatory page for
“Grantor –
Commissioner Young made the motion that the Board approves
the right-of-way agreements for Duke Energy and authorizes the signing of them
by the Chairman. All voted in favor and
the motion carried.
MODIFICATION OF HCTV – 11 POLICY
In light of the current
pending referendum issue and requests from non-partisan groups to host issues
information forums on HCTC-11, the attached revisions to the County’s broadcast
policies are needed to clarify that such forums are possible.
Commissioner McGrady was
in support of the proposal but felt it did not go far enough. The Q&A session with potential candidates
should be open to all candidates who qualified.
Chairman Moyer feels it
is easy to say with some groups that there will be an impartial candidate forum
but another group may come in with a clear slant it could be a problem.
Commissioner Young made the motion that the Board adopts the
proposed amendments to the Television Cablecast Policies and Procedures with
the change in 2.4.1 deleting “information on” in the last sentence. All voted in favor and the motion carried.
STAFF REPORTS
There was nothing
further at this time.
County Manager Steve
Wyatt stated that at the last LGCCA meeting several issues were discussed as
follows:
1) Transition of Sales Tax
Method
The sales tax method
went from per capita to ad valorem and to the surprise of everyone the State
threw a curve ball by implementing it a couple of months early. The County Finance Director and
2) Cable T.V. issues
Complaints are up and
they are being referred to the Attorney Generals office. It is fair to say that there is a level of
frustration with the resolution of Cable TV issues here. It was the consensus of the LGCCA members to
ask the units of Government to work together collaboratively providing steps to
be taken along with information and links of each jurisdiction on their website
to the proper authorities to handle those complaints and also have hard copies
available to send out to citizens of the complaint form. They will be working to develop some public
education slots on Channel 11 to educate people that it is not a local
regulated issue now and has all gone to the State of
3) Legislation issues
A new session will be
taken up in late January about general assembly issues that each jurisdiction
is interest in there. A huge one was the
issue of “dumping secondary roads on
4) Minimum Housing Code
The Chairman did alert
to the other jurisdictions about the discussions in regards to the minimum
housing code and the fact that the Board would be taking a hard look at it.
5) Water Supply and
Distribution Task Force
The LGCCA voted to
support the effort of the Water Supply and Distribution Task Force.
Chairman Moyer stated
that with respect to secondary roads this issue had quieted down but would come
flying back right after the election.
Commissioner McGrady
serves on the 21st Century Transportation Committee. They will not be meeting again until after
the election but have three meetings scheduled in November and December with
the expectations that they will deliver a set of recommendations to the new
Governor and the new General Assembly in advance of the upcoming session. There is active discussion in regards to the
vesting responsibility for secondary roads to Counties. The thing that he is more concerned with is
that for the first time he heard discussion referencing that the some Counties
may have to set up their own road department and get into the road building
business.
IMPORTANT DATES
National Incident Management System training for
Commissioners
Joint meeting with Polk
County Commissioners has been scheduled for September 30 at 7:00 p.m. at the
Polk County Courthouse in
Set Public Hearing – Economic Development Incentives to
Leisure Craft, Inc.
Commissioner McGrady made the motion that the Board conduct
a public hearing on the application for economic development incentives by
Leisure Craft, Inc. All voted in favor
and the motion carried.
Set Date for United Way Miniature Golf Event
Commissioner Mark
Williams reminded the Board that Farm City Day would be October 4, 2008
beginning at 10:00 a.m. He encouraged
the Board members to attend and ride in the parade, and also a corn shucking
contest.
Set Public Hearing on Minimum Housing Code
Commissioner Young made the motion that the Board set a
public hearing on the Minimum Housing Code for Thursday, October 23 at 7:00
p.m. in the courtroom of the Historic Courthouse. All voted in favor and the
motion carried.
Facilities Issues
Chairman Moyer did not
feel that this workshop should be scheduled until staff had a chance to speak
with the possible involved departments.
CANE CREEK WATER & SEWER DISTRICT
Commissioner
McGrady made the motion for the Board to convene as the Board of Cane Creek
Water & Sewer District. All voted in favor and the motion carried.
Please see separate Cane Creek minutes for
action.
Commissioner
McGrady made the motion for the Board to adjourn as the Board of 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:
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
All voted in favor and the motion carried.
ADJOURN
ATTEST:
Teresa L. Wilson, Deputy
Clerk to the Board
William L. Moyer, Chairman