MINUTES
STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY OF HENDERSON FEBRUARY
1, 1999
The Henderson County Board of Commissioners
met for a regularly scheduled meeting at 5:30 p.m. in the Commissioners= Conference Room of the Henderson County
Office Building at 100 North King Street, Hendersonville, North Carolina.
Those present were: Chairman Grady Hawkins, Vice-Chair Bill Moyer, Commissioner Renee
Kumor, Commissioner Don Ward, Commissioner Marilyn Gordon, County Manager David
E. Nicholson, Assistant County Manager Angela S. Beeker, County Attorney Don H.
Elkins, and Clerk to the Board Elizabeth W. Corn.
Also present were: Planning Director Matt
Matteson, Finance Director J. Carey McLelland, Staff Attorney Jennifer O.
Jackson, Health Department Director Tom Bridges, and Tax Collector Terry Lyda.
CALL TO ORDER/WELCOME
Chairman Hawkins called the meeting to order
and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Commissioner Moyer led the Pledge of
Allegiance to the American Flag.
INVOCATION
David Nicholson gave the invocation.
DISCUSSION/ADJUSTMENT OF AGENDA
Commissioner Ward requested that two
items be added to the agenda. One was direction from the Board on facilities,
to be added as Discussion Item AD@. The other was to update the Board on
Cranston Print Works, to be added as Staff Reports AA@.
INFORMAL PUBLIC COMMENTS
Kay Blackwell requested that she be allowed
to address the Board during the Public Hearing on the proposed Motor Sports
Facilities Ordinance.
CONSENT AGENDA
Commissioner Moyer requested that the minutes
from the January 8, 1999 meeting be pulled for discussion. Chairman
Hawkins requested discussion on Item AB@ - Routine Sewer Extension Granted.
The following changes to the January 8, 1999
minutes, under ADraft Ordinance - Distance and Other
Parameters@,
were discussed: changing the residential density number to 300, and
deleting a sentence which stated that 1750 dwelling units was too restrictive.
A question arose regarding Item AB@, the Routine Sewer Extension Granted. Chairman Hawkins questioned a
statement in the proposal regarding how much wastewater the district was
willing to accept. The item was pulled to allow staff time to clarify the form.
February 1, 1999
Commissioner Kumor made the motion to approve
the Consent Agenda including the minutes as amended, and with Item AB@ pulled. All voted in favor and the motion carried. The Consent Agenda then consisted of the
following:
Minutes
Minutes were presented to the Board for
review and approval of the following meeting:
January 8, 1999, special called meeting
Henderson County Financial Report - December
1998
The Henderson County Financial Report for
December, 1998 had been submitted for the Board=s review and approval.
Henderson County Public Schools Financial
Report - December 1998
The Henderson County Public Schools Financial
Report for December, 1998 had been submitted for the Board=s review and approval.
Notification of Vacancies
The Board was notified of the following
vacancies which will appear under ANominations@ on
the next agenda:
1.
Henderson County Planning Board - 1 vacancy due to resignation
2.
Henderson County Agriculture Advisory Board - 2 vacancies due to expiring terms
3.
Henderson County Board of Health - 2 vacancies due to expiring terms
4.
Special Board of Equalization and Review - 2 vacancies due to expiring terms
5. Mountain Valleys Resource Conservation & Development
Program -1 vac. due to
expiring terms
6. Nursing/Adult Care Home Community Advisory Committee - 2 vacancies due to expiring terms
7. Hendersonville City Planning Board - 2 vacancies due to expiring terms
8. Recreation Advisory Board - 3 vacancies due to expiring terms
9. Henderson County Board of Health - 1 vacancy due to resignation
10. Community Child Protection Team Board - 1 vacancy due to resignation
NOMINATIONS:
Chairman Hawkins reminded the Board of the following vacancies and
opened the floor to nominations:
February 1, 1999
1. Nursing/Adult Care Home Community Advisory
Committee - 4 vac.
There were no nominations at this time so
this item was rolled to the next meeting.
2. Henderson County Zoning Board of
Adjustment - 4 vac.
Commissioner Gordon nominated Tony Engel for
the Kanuga area, and Janice Brown for the East Flat Rock area. Commissioner
Kumor made the motion to suspend the rules and appoint Mr. Engel and Ms. Brown.
All voted in favor and the motion carried.
3. Henderson County Partnership for Children
- 1 vac.
The statutes do not require that a
Commissioner serve on this board. It was decided that since the County Manager
already served on the Board, it would be removed as a vacancy.
4. Henderson County Planning Board - 1 vac.
There were no nominations at this time so
this item was rolled to the next meeting.
5. Juvenile Crime Prevention Council - 26
vac.
The Youth Development Board and the Youth
Services Advisory Committee will be combined into this one committee.
Commissioner Kumor stated that she would like to serve on this Board. The
following people were listed as suggested representatives: Kohlan Flynn, Ben
McKay, Eric Summey, Jeff Hunt, Richard LaGrange, Polly Penland, Liston Smith,
David Nicholson, Robert Cilley and Shelia Devine. Commissioner Moyer made the motion to appoint the above listed
individuals and Commissioner Kumor. All voted in favor and the motion
carried.
6. Commission Boards/Committees - 2 vac.
The Asheville/Buncombe/Henderson Water
Authority has been researched regarding former Commissioner Vollie Good=s appointment to the Board. Staff requested
that they be given time to hear from ABHWA=s attorney regarding Henderson County=s appointment.
The Library Board was also researched to
determine whether a Commissioner position was a statutory requirement. The
position is not required by statute, but is in the by-laws. A Commissioner may
serve on the Board as an ex-officio, non-voting member.
Tax Collector=s Report
Terry Lyda presented two reports to the
Board. The first was the regular Tax Collector=s Report.
The second was the Tax Collector=s Report regarding the AReport of Unpaid Taxes that are Liens on Real Property as required by N.C.G.S.
105-369(a).@ In accordance with N.C.G.S. 105-369(a)
advertisements of tax liens on real property for failure to pay taxes were
reported for January, 1999. The 1998 total Tax Collector=s charge was $32, 991, 540.17, releases were
$179,233.54, payments were $29,360,313.06 and unpaid taxes totaled
$3,451,993.57. The percentage collected through January, 1999 was 89.54%. Effective January 1, 1985, Ch. 1013 (H1676)
amended N.C.G.S. 105-369 to provide that tax liens need to be advertised only
once. A taxing unit may choose to advertise the tax liens more than once, but
it is not required to do so. The list must still be posted at the courthouse or
City Hall door, and it must be
February 1, 1999
advertised in one or more newspapers having a
general circulation in the taxing unit. The advertising may be done at any time
from March 1 through June 30. Mr. Lyda=s recommendation was that unpaid tax liens be advertised once, on May
17, 1999, the third Monday in May. His reasons were: (a) our tax statements
sent to the tax payers tell them that as long as their taxes are paid by April
30, they will not be advertised; and (b) the Times-News states that they
must have ten full working days for preparation of the advertisement.
Chairman Hawkins questioned how the
collection percentage was computed at 89.54% given that the Motor Vehicle
percentage was listed at 75.95% and the annual bills were listed at 90.81%. Mr.
Lyda stated that it was due to DMV errors, and the different billing cycles for
motor vehicles versus real property.
Chairman Hawkins suggested that the Board
consider that the advertising be done in March versus May so that any pending foreclosure processes
could be started sooner. Following discussion, it was decided that Mr. Lyda
would be present at the next meeting to present the pros and cons of advertising
the liens in March versus May.
Chairman Hawkins confirmed that judgements
were to be filed with the Clerk of Superior Court very shortly. He also
questioned whether or not the Stars computer was on line. Mr. Lyda stated that
it was on line except for the telephone, which is scheduled to be set up on
February 4.
Commissioner Ward asked about Cranston Print
Works. $11,000,000.00 worth of equipment has been cleared out of the building.
Mr. Nicholson stated that he had spoken to Robert Baird regarding the
situation. Commissioner Ward requested that Mr. Baird and Mr. Lyda meet to
discuss and take care of the situation prior to the budget deliberations,
especially as it affects the Fire Departments.
Cardiovascular Health Grant Award
Tom Bridges introduced those people in the
audience that collaborated in this grant effort. He stated that the $450,000 grant designated Henderson
County as the lead county out of 17 counties in the western region. The current
installment is $50,000 for this year, and $100,000 for the next four years.
Chairman Hawkins questioned the 20% match in local funds, which Mr. Bridges
stated may be in-kind. Commissioner Kumor made the motion that a Cardiovascular
Health Program be established in Henderson County. All voted in favor and the
motion carried.
Transportation Development Plan
Several years ago the Board of Commissioners
appointed Western Carolina Community Action as the County=s coordinated transportation provider. WCCA
created Apple Country Transportation to provide this service. This service, in
accordance with NCDOT regulations, must
provide a four year transportation plan. Jeff King, Transportation Coordinator
with Apple Country Transportation, presented the plan.
Robbie Sarles, President of RLS and
Associates, was on hand for a portion of the presentation. NCDOT requires that
each county develop a Community Transportation Services Plan. For this plan,
RLS first inventoried all the transportation providers in the county. They
determined the number of vehicles each had, what type of services they
provided, who they served, and what it cost.
February 1, 1999
Secondly, they assessed the amount of current
need for transportation services, as well as the unmet need. The results of this assessment listed six
major goals for transportation within the county. First was to coordinate
transportation services among the current providers. Second was to meet the
transportation needs of the elderly, the disabled, and members of the general
public who are without private transportation. Third was to meet the demand for same day/next day
medical trips. Fourth was to create a fixed route public transportation service
within the City of Hendersonville. Fifth was to improve transportation services
relative to employment, and finally sixth was to strengthen the use of volunteer
drivers within the county.
The Community Services Transportation Plan is
designed to guide the transportation services over the next four years. A
recommended transportation plan was created that addressed all these issues in
the following ways. The plan calls for
the formation of a Brokerage System and Mobility Manager. The function of this
position is to work with all transportation providers in the county, and to
facilitate in their coordination and cooperation. It provides for the addition
of more same day/next day services for participation agencies. It plans for the
establishment of a Volunteer Provider Network, which would be coordinated by
the Mobility Manager.
The plan includes increased coordination
between participating agencies for such things as joint training, vehicle
sharing, or joint purchasing opportunities.
Another component is the addition of non-agency sponsored trips. This
addition would be for the general public who lacked other means of transportation. The final part of the plan recommends that
we continue to work with neighboring counties regarding employment
transportation and medical transportation.
There was discussion regarding how many
people are currently being served. The passenger per hour ratio in Henderson
County is 5.37. Industry wide that average is around 3. This indicates that
productivity is higher than average, and that trips are being grouped
well.
Tonight=s presentation was for information sharing only. This item will appear
at the next meeting for final consideration.
PUBLIC HEARING - Proposed Motor Sports
Facilities Ordinance
Commissioner Ward made a motion to go into
the Public Hearing. All voted in favor and the motion carried. The Board of
Commissioners scheduled for this date a public hearing on the proposed Motor
Sports Facilities Ordinance.
Public Input
1. Kay
Blackwell - Ms. Blackwell requested that the Board initiate and declare a
raceway moratorium. This was requested to give everyone involved time to make
an educated decision regarding the ordinance. She also stated that everyone
involved needs to be allowed the same rights in giving their opinion on the
proposed ordinance.
2.
Bill Eadie -
Mr. Eadie urged the Board to place a moratorium on the racetrack so that they
would not be pressed by time constraints when writing the proposed ordinance.
He proposed that the
February 1, 1999
ordinance contain a specification that the track developers must
purchase any property that falls within the radius set by the Board as the
minimum distance from a residence.
3.
Keith McKinney
- Mr. McKinney stated that he sees three problems with the ordinance as it is
currently written. First, the residential density of 300 dwellings within a
half mile would be better set at 200. Second, 1500 feet from a home is too close.
Finally, is the hours of operation. Currently, only Sunday night is restricted
by the ordinance. He requested that a new moratorium be enacted on motor sports
facilities.
4.
Jackie Eady -
Ms. Eady stated that she is representing Carla Rodeo, who was unable to be at
the meeting. She stated the residential
density proposal of 300 is too high. She requested that a new moratorium be
enacted on motor sports facilities.
5.
Mick Freeman -
Ms. Freeman asked that the 1,500 foot limit be raised to at least one mile. She
also suggested that the issue might best be put to the voters. She requested an
extension on the moratorium.
6.
Tony Paranio -
Mr. Paranio brought in a report earlier in the day for the Board of
Commissioners. He stated that the only suitable area in Henderson County for a
racetrack would be in the Naples/Fletcher area or in Mills River. He restated
that the 1,500 foot limit was far too small and requested that the ordinance
not be enacted at this time, but that a 90 day moratorium be enacted.
7.
Sam Fritchner -
Mr. Fritchner noted the two different standards for Saturday and Sunday. He
stated that for many in the community, Saturday is their Sabbath. Mr. Fritchner
requested that the density requirement not stop at the county line, but allow
the radius to encompass all situations. He asked that the residential density
allowance be changed from 300 to 200. He also stated that an ordinance can be
changed at a future time to make it less restrictive, but that you can not make
it more restrictive.
8.
Janice Moore -
Mr. Moore requested that a 90 day moratorium be enacted.
9.
John Justice -
Mr. Justice requested the ordinance contain a minimum two mile radius from
sensitive institution such as hospitals, schools, etc., as well as a 200
residential density allowance. He requested that anyone applying for a permit
to build a motor sports facility be required to provide the necessary proof
that the ordinance is being obeyed and urged that a moratorium be enacted to
allow more time to write the ordinance.
Jennifer Jackson spoke regarding a summary
sheet which listed the current
provisions of the Motor Sports Facilities Ordinance, comments made on
the meeting held January 20, 1999, and staff comments. The Ordinance would
initially apply in all unincorporated areas except for the ETJ. This does apply
to all zoned and unzoned areas. In cases where more than one ordinance is in
force, the more restrictive will apply. She stated that the purpose clause
should be examined at the end to ensure consistency with the ordinance. It was
pointed out that as written, the ordinance is not to protect residents from the
standpoint February 1, 1999
of site standards. Protection is provided
through the minimum separation and the density requirements. Related to that,
imposing site standards would minimize the effect on schools, libraries and
churches. The
impact on residences would also be minimized.
Finally, the Motor Sports Facilities definition was clarified to state that
temporary events, such as tractor pulls were separate, but could be considered
as appropriate.
Additional questions which were raised at the
January 20 meeting included a comment concerning the size of the parcel and
whether the size was being properly considered. Currently, the minimum
separation is measured from the edge of the property line. On residential
density there was a question on whether the 300 density limit was a correct
number. These are based on map sheets, which include a condominium, a single
family dwelling unit, a manufactured home which has been made part of the real
property, a manufactured home which is still personal property, and a modular
unit. There was also a comment on residential density, questioning that that
may not be the best way to regulate if it is redundant with the minimum separation.
Under specific site standards, there was
concern over hours of operation. It was suggested that if the Board wished to
modify the language to deal with the hours of operation, they might ask the
applicant to submit a proposed schedule of operation with their application. In
the site standards section of the ordinance, the hours of operation could be
changed to include mandatory requirements such as no more than three continuous
days of racing, for no more than six hours a day, and no more than five days in
any calender week.
Staff proposed that language be added in the
specific site standards section as well as in general site standards section to
contain the following: AIn evaluating whether the specific or general site standards have been met
the Board may consider the following@, Athe size and type of racing events, the size
of the parcel, the residential density, the frequency of the racing events or
any other relevant factor.@ Also in the specific site standard section, a sentence should be added
which deals with the burden of proof
issue. The burden of proof should fall to the applicant on specific site
standards.
Staff also proposed a change in the general
site standards. In addition to the current requirement that they must minimize
economic, noise, glare and odor effects, staff would like to add dust effects
in case there are tracks that are operating on dirt surfaces.
A comment which has been raised by the public
deals with the penalties and enforcement section. The ordinance provides for
equitable remedies which would be an injunction or order of abatement. Criminal
penalties would be handled through the Sheriff=s Office and the District Attorney=s Office, and civil penalties which include penalty payment and orders
of compliance. With all three remedies in place, staff feels the tools are
adequate to allow proper enforcement.
Mrs. Jackson spoke again on the issue dealing
with the effect on residences being minimized if site standards were imposed.
The Board could consider a permitting process for the geographical area between
1,500 feet and the two miles if there are residences within that area, but not
any schools, churches or libraries. As it stands they could not consider the
residences located within that geographical area. If the Board does wish to
consider those residences, it would be appropriate to have a special permit
available February 1, 1999
for those situations where there is any
residence within that two mile geographical area.
Commissioner Gordon expressed concern about
the density requirement, and exactly how that would be counted. She was pleased
with the staff proposal on hours of operation, stating that it gives more
flexibility. She questioned the definition of a AMotor Sports Facility@, and hopes to takes care of that through the use of special use
permits. She feels that considering the moratorium and allowing time for an
additional workshop would be the best option.
Commissioner Moyer supported Commissioner
Gordon=s opinion that the moratorium be passed to
allow time for a workshop. He stated that the definition of a AMotor Sports Facility@ needs to be clarified. He supported the
staff recommendation of changing Section 6, a3, to help deal with the
residential density issue as well as the minimum distance requirement. He also
supported the staff proposal on hours of operation.
Commissioner Kumor questioned the issue of
going beyond the boundaries. Mrs. Beeker stated that it could be made a part of
the ordinance, as the Board would not be regulating other counties, but would
be taking their structure into account.
Commissioner Ward stated the he would like to
have clarification on the difference between a major and a minor facility.
Chairman Hawkins summarized the opinions of
the Board, stating that they would like to focus on the following: hours of
operation, minimum distance requirements, imposition of site standards, density
requirements, definitions of major and minor events, and ETJs. Chairman Hawkins
stated that no further action would be taken on this, and a workshop would be
scheduled.
Commissioner Moyer made a motion to go out of
the public hearing. All voted in favor and the motion carried.
Proposed Moratorium on Motor Sports
Facilities
Jennifer Jackson presented the proposed 90
day moratorium, which would be in effect until midnight on Sunday, May 2, 1999.
It is a moratorium on the construction or operation of Motor Sports Facilities
within the County of Henderson, which would prevent issuance of any permits by
any department under the control of the Board of Commissioners. If an ordinance
is adopted within the next 90 days, the moratorium would become null.
Commissioner Moyer made a motion to adopt the
ordinance proposing a moratorium on the construction or operation of Motor Sports
Facilities in Henderson County. All voted in favor and the motion carried.
PUBLIC INPUT -Proposed Abandonment of Mud
Creek Cemetery Road (S. R. 1165)
Several months ago, the Board was petitioned
by Mud Creek Baptist Church and Joe Crowell Construction asking that the county
request NCDOT to abandon and remove Mud Creek Cemetery Road from the state
maintenance system. Since that time, they have requested that their petition be
withdrawn so they can February 1, 1999
pursue the closing of the road with the
Village of Flat Rock.
Commissioner Moyer made a motion to approve
the withdrawal of the petition to abandon Mud Creek
Cemetery Road. Following discussion, all
voted in favor and the motion carried.
Jackson Village Manufactured Home Park
The Board received a letter and memorandum from the attorney for Roger
Wolff, who is seeking to develop Jackson Village, a manufactured home park in
the Hooper=s Creek area. They requested a public hearing
on the moratorium as well as Mr. Wolff=s claim for vested rights. Staff advised that the letter and memorandum
be considered a petition for a quasi-judicial proceeding. A date for this
hearing will be set under AImportant Dates@.
Draft of Manufactured Home Park Ordinance
Matt Matteson was present to present this draft to the Board. Mr.
Matteson stated that this was just a draft, and that it should be finalized by
the Planning Board within the month. Chairman Hawkins asked that the Board let
Mr. Matteson know of any specific areas that the Board has concerns about.
Commissioner Ward expressed that he would like to have the Planning
Board define Section 410, Sedimentation
Control, and Section 404.2, Vegetation Buffers. Commissioner Gordon asked the
Board to give the Planning Department some guidance on development in the flood
plain. Chairman Hawkins added that he had several items to have the Planning
Board look into: vegetation buffers, the computation of the common area square
footage, fire protection regarding the Fire Marshal=s authority to install dry fire hydrants,
Section 413.03 regarding turnarounds, and erosion and soil control.
Facilities
Commissioner Ward, having recently been appointed to the Facilities
Committee, asked the Board for their input regarding what type of building they
would like to see built. It was the consensus of the Board to discuss this item
during a workshop.
Suicide Prevention Month
The Henderson County Partnership for Health is making people aware of
suicide, as one of the important issues in our community. Commissioner Kumor
presented a resolution to the Board declaring February as Suicide Prevention
Month. Commissioner Kumor made a motion to adopt this resolution. All voted in favor and the motion carried.
Property Tax Reconciliation
David Nicholson discussed the approach that will be taken to address
this issue. First, is to address and develop the reporting requirements for the
county=s computerized tax system. Second, is to make
a procedural audit of the county=s tax system. This work is being done to clear up an audit exception
which was in the audit.
Land-of-Sky Regional Recycling RFP
Commissioner Kumor stated that Land-of-Sky proposed that the region,
through an RFP, seek a vendor to handle all recycling. They are interested in
whether or not local governments are
February 1, 1999
interested in participating. A response will
help them define the scope of the RFP. She noted that all
questions regarding this issue should be
directed to the Solid Waste Advisory Committee.
Land-of-Sky Household Hazardous Waste
Land-of-Sky has done an in depth survey and
analysis of household hazardous waste regional issues. They are seeking local
government interest in a regional household hazardous waste program.
Commissioner Kumor suggested the issue be sent to the Solid Waste Advisory
Committee to get a recommendation on our participation level.
IMPORTANT DATES
Commissioner Moyer asked the Board to add two
existing dates to their list: February 4 is the LGCCA meeting on the T.I.P.,
and March 30 is the T.I.P. presentation at Blue Ridge Community College.
A budget workshop for the Health Department
and DSS was scheduled for Monday, February 22nd from 2:00pm -
4:00pm.
A catch-up workshop was scheduled for
Thursday, February 11th from
2:00pm - 4:00pm. This workshop will deal with ETJ=s, TIP=s, facilities and flood plains.
The quasi-judicial hearing for Jackson
Village Manufactured Home Park was scheduled for Tuesday, February 16th
from 2:00pm - 4:00pm.
The Motor Sports Facilities workshop was set
for Wednesday, March 3rd from 2:00pm - 4:00pm.
CLOSED SESSION
Commissioner Moyer 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)(1) To prevent disclosure of information that is
privileged or confidential pursuant to
the law of this State or of the United States, or not considered a public
record within the meaning of Chapter 132 of the General Statutes, in order to
consider matters that may be withheld from public inspection pursuant to NCGS
143-318.10(e) and Section 11-4 of the Henderson County Code.
2. (a)(3)
To consult with an attorney employed or retained by the public body in order to
preserve the attorney-client privilege between the attorney and the public
body, which privilege is hereby acknowledged.
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 a
claim.
3. (a)(6) To consider the qualifications,
competence, performance, character, fitness,
conditions of appointment, or conditions of initial employment of an
individual
public officer or employee or prospective public officer or employee.
Or to hear or
February 1, 1999
investigate a complaint,
charge, or grievance by or against an individual public officer or employee.
All voted in favor and the motion carried.
Commissioner Ward made the motion for the
Board to go out of Closed Session. All
voted in favor and the motion carried.
Action following Closed Session
Chairman Hawkins made a motion to approve
closed session minutes for the following meetings: January 5, 1998, January 21,
1998, February 18, 1998, and March 2, 1998. Commissioner Moyer requested that
since he was not on the Board when those meetings were held, that he be excused
from voting on those sets of minutes. Commissioner Gordon made the same
request. Chairman Hawkins made the motion that the request be denied. The
motion carried with Commissioners Ward, Kumor and Hawkins voting aye.
Commissioner Moyer requested that for the
record, the minutes reflect that he requested to be excused from voting, and
that the request was denied. Commissioner Kumor called the question on the
approval of the minutes. The motion carried with Commissioners Ward, Kumor and
Hawkins voting aye.
There being no further business to come
before the Board, the meeting was adjourned.
ATTEST:
Elizabeth W. Corn, Clerk
to the Board
Grady Hawkins, Chairman
Minutes prepared by Amy Brantley