The Henderson County Board of Commissioners met for a regular scheduled meeting at 5:30 p.m. in the Commissioners' Conference Room of the Henderson County Office Building.

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: Finance Director J. Carey McLelland, Interim Planning Director Karen C. Smith, Planner Jake Gilmer, Environmental Planner Nippy Page, and Staff Attorney Jennifer O. Jackson.

Commissioner Kumor led the Pledge of Allegiance to the American Flag.

David Nicholson offered the invocation.

Chairman Hawkins made the motion to approve the Consent Agenda with the exception of the Blue Ridge Community College vacancy. All voted in favor and the motion carried.

The CONSENT AGENDA included the following:

1. Blue Ridge Community College Board of Trustees - 1 vac.

2. Nursing/Adult Care Home Community Advisory Committee - 1 vac.

3. Mtn. Valleys Resource Conservation & Development Program - 1 vac.

Road petitions had been received for addition to the State Maintained System for the following:

1. Leibestraum Drive (off Ray Hill Rd.)

2. Oakwood (ext. SR #2055)

It has been the practice of this Board to accept road petitions and forward them to NC DOT for their review. It has also been the practice of the Board not to ask NCDOT to change the priority for roads on the paving priority list.

Staff requested that the Board take action to adopt the proposed Resolution in order to provide the Henderson County Register of Deeds with an updated list of review officers authorized to approve plats for recordation.

Chairman Hawkins requested that the Board adopt a proposed Resolution thanking Louise Bailey for her lifetime work to preserve the history of the people of Henderson County and commending her for her farsighted gift of her Archives to the College and the people of Henderson County. He had requested Dr. George Jones to make the presentation at the ceremony at Blue Ridge Community College.

Chairman Hawkins reminded the Board of the following vacancies and opened the floor to nominations:

Advisory Committee to Cane Creek Water & Sewer Authority - 5 vac. This had been previously listed as 5 vacancies. Chairman Hawkins stated that the Town of Fletcher has filled their two slots and the this Board has appointed Commissioner Gordon as our representative, leaving only two vacancies.

Commissioner Gordon nominated John Davis for the position designated as a resident of the district but not of the Town of Fletcher. Chairman Hawkins nominated Mr. Meadows for the other position. Commissioner Kumor made the motion to close nominations, suspend the rules and appoint these two persons. All voted in favor and the motion carried.

Chairman Hawkins stated that on May 19 he received a letter from Joe Spearman indicating that Gene Kopf had resigned as a Trustee which left three vacancies on the Board of Trustees. Due to earlier action, it was the pleasure of this Board to vote on all three vacancies at this meeting.

Chairman Hawkins reminded the Board that there were four nominations from the last meeting: Russell Burrell, Fielding Lucas, Luke Rindal, and Robert Dowdeswell. He asked for any further nominations and there were none. He then asked the Clerk to the Board to poll the Board. Each Commissioner was allowed three votes from the four nominees:

Commissioner Ward - Lucas, Rindal, Dowdeswell

Commissioner Kumor - Burrell, Rindal, Dowdeswell

Chairman Hawkins - Burrell, Lucas, Dowdeswell

Commissioner Moyer - Burrell, Rindal, Dowdeswell

Commissioner Gordon - Burrell, Lucas, Dowdeswell

Both Burrell and Dowdeswell received four votes each with Lucas and Rindal each receiving two votes.

The Clerk polled the Board once again with each Commissioner getting only one vote from the two nominees:

Commissioner Ward - Lucas

Commissioner Kumor - Rindal

Chairman Hawkins - Lucas

Commissioner Moyer - Rindal

Commissioner Gordon - Lucas

Fielding Lucas received three votes and Luke Rindal received two. The three appointees were Burrell, Dowdeswell, and Lucas.

The M.D. on the Board does not wish to serve an additional term. This is a position that must be filled by an M.D. Commissioner Ward suggested that a letter be written to the Medical Association for a recommendation.

Chairman Hawkins nominated Donna Ward. There were no other nominations. Chairman Hawkins made the motion to accept Donna Ward by acclamation. All voted in favor and the motion carried.

The two vacancies on this Board are for Chamber of Commerce nominees. No recommendations had been received from the Chamber so this item was rolled to the next meeting.

Hendersonville City Zoning Board of Adjustment - 1 vac. (alternate) None of the persons who have applied to serve on this Board are eligible for appointment to this position (residency requirement). There were no nominations at this time so this item was rolled to the next meeting.

None of the appointments could be made at this time. These are all designated positions and therefore are going through the necessary process.

Land-of-Sky Regional Council - Advisory Council on Aging - 2 vac. A letter was sent out on June 3 to Ms. McLane. We have not received her response back yet. There were no nominees so this item was rolled to the next meeting.

The Board elected to appoint the nine members at this meeting and appoint a Chairman at the next meeting.

Commissioner Kumor nominated Katie Breckheimer and Barbara Neal. Chairman Hawkins nominated Roger Ambrose and Van Estes. Commissioner Ward nominated Art Cooley, Dan Waddell and Fielding Lucas. Commissioner Gordon nominated Susan Selleck and Robert Smith. Commissioner Kumor nominated Ken Weitzen.

The Clerk was asked to poll the Board with each Commissioner getting 9 votes out of 10 nominees:

Commissioner Ward - Ambrose, Estes, Smith, Cooley, Waddell, Weitzen, Selleck, and Neal. (8 votes)

Commissioner Kumor - Neal, Ambrose, Estes, Smith, Breckheimer, Waddell, Weitzen, Selleck, and Lucas. (9 votes)

Chairman Hawkins - Lucas, Ambrose, Estes, Smith, Cooley, Waddell, Selleck, and Neal. (8 votes)

Commissioner Moyer - Neal, Ambrose, Estes, Smith, Breckheimer, Waddell, Lucas, Weitzen, and Selleck. (9 votes)

Commissioner Gordon - Neal, Ambrose, Estes, Smith, Weitzen, Waddell, Cooley, and Selleck. (8 votes)

The Clerk was asked to tally the votes while the Board moved on to the rest of the nominations.

Commissioner Kumor stated that the Co-Chairman, Grace Poli, of Smart Start had suggested a nominee - Miriam Plexico. Commissioner Kumor placed Miriam Plexico in nomination. There were no other nominations. Chairman Hawkins made the motion to accept Ms. Plexico by acclamation. All voted in favor and the motion carried.

Commissioner Kumor explained that the Committee is still looking for eligible persons to fill the slots on this committee. There were no nominations at this time. This item was rolled to the next meeting.

The Clerk was asked to announce the results of the votes for this position.

Katie Breckheimer - 2 votes

Roger Ambrose - 5 votes

Van Estes - 5 votes

Robert Smith - 5 votes

Art Cooley - 3 votes

Dan Waddell - 5 votes

Ken Weitzen - 4 votes

Susan Selleck - 5 votes

Barbara Neal - 5 votes

All the above except Breckheimer were appointees to the Environmental Advisory Committee.

Karen C. Smith discussed safety net zoning, otherwise known as open use zoning.

At the April 21 meeting, the Board directed a team of staff and Vice-Chairman Bill Moyer to take some previous direction from the Board and incorporate it into the County Zoning Ordinance. The Board had established some parameters for safety net zoning. The parameters consisted of: the desired level of regulation as well as a list of uses the Board wanted to see regulated. The goal was to produce a zoning district to be used for all currently unzoned areas which would mitigate the neighborhood impacts for the certain uses specified. The Board directed the team to bring back a draft to the Board of Commissioners at this meeting. She distributed notebooks to the Board of the draft.

Karen introduced the staff team that worked with Vice-Chair Moyer: Angela S. Beeker, Jennifer Jackson, Nippy Page, and herself.

Commissioner Moyer explained that no uses are prohibited. There are site conditions that are required for certain uses. He suggested that the Commissioners take the notebooks, review the information and then schedule a workshop, possibly a couple of workshops.

Commissioner Moyer stated that Habitat for Humanity provides a very valuable type of housing to our community which is desperately needed. He felt that the Board should proceed as promptly as possible, get the public hearing scheduled, and move forward with this.

A couple of the Commissioner were concerned about the water situation and asked that staff follow up to see how our allotment would be affected. Septic tanks are planned so this would not affect our allotment. City water would be used.

Carey McLelland explained that each year the Planning for Older Adults Committee goes through a process of requesting and reviewing applications to utilize Home and Community Care Block Grant Funds. In this years proposed budget for FY2000 is a total of $572,809. This is 100% state and federal funding, no local money is required.

Their recommendation for utilization of these funds for next year was as follows:

Council on Aging for Meals on Wheels $190,146.00

Pardee Home Care for their in home aid program 100,000.00

Visiting Health Professionals for in home aid 110,000.00

New Life Center for adult day care program 14,350.00

Housing Assistance Corp. for home and housing

improvements program 7,000.00

Pisgah Legal Services for providing legal services 2,500.00

to the elderly.

Total $572,809.00

The Planning for Older Adults Committee unanimously approved the recommendation and voted to send it to the Board of Commissioners for final approval.

Following discussion, Commissioner Kumor made the motion to accept this recommendation and allocate the Block Grant as recommended. All voted in favor and the motion carried.

David Nicholson explained that Senator Carpenter is one of the co-sponsors of a bill that would repeal sales tax but provide some additional money from the state sales tax. It appears that we are not going to be able to get any additional sales tax out of the General Assembly so this was one way to allocate some of the State Sales Tax.

Mr. Nicholson checked on this Bill today and it was still in Committee. Therefore, it will not get any action this year.

It was the consensus of the Board to hold the final Budget Work Shop and the Public Hearing for Habitat for Humanity for June 21 at 3:00 p.m.

Chairman Hawkins made the motion to set a public hearing for July 6 at 7:00 p.m. on Review of Proposed Planned Unit Development - Charlestown Place and Review of Proposed Residential Open Space Development - Creekside. All voted in favor and the motion carried. David Nicholson reminded the Board that both of these hearings will have to be Quasi-Judicial.

It was the consensus of the Board to set a work session on Safety Net Zoning for July 12 at 3:00 p.m.

The Board also set an additional budget work shop for June 11 at 3:00 p.m. One is already scheduled for June 15 to meet with the Board of Education.

There was some discussion whether the Board wished to hold the midmonth meeting in July. The NACo Conference is earlier in that same week. Three of our Commissioners and the Assistant County Manager will be attending that Conference. It was the consensus of the Board to keep the meeting date as scheduled.

Chairman Hawkins called a short break, stating that upon return the Board would hear Informal Public Comments

The Board asked Mr. Jarvis to locate his property on a map for Mrs. Smith so it could be considered when that agenda item comes up for discussion.

2. Matthew Jarvis - Mr. Jarvis addressed the same item. He also lives in Naples. He expressed concerns that if this road is abandoned it will become a site for parking, meeting, and/or dumping. The Road is currently a dead end road and gets a good bit of that type of activity already. He asked the Board to consider keeping the road open.

Chairman Hawkins recessed the meeting until 7:00 p.m., at which time the Public Hearing will be held.

Commissioner Kumor made the motion that the Board go into public hearing on the proposed budget. All voted in favor and the motion carried.

3. Don Bryant - Mr. Bryant, the principal at Upward Elementary School, asked for those in attendance from Upward Elementary School to stand. There were approx. 20 who stood. He expressed thanks to the Board for the 7.7% increase in the school budget from last year.

Mr. Bryant reminded the Commissioners that the Board of Education reduced their budget request considerably before sending it to the Board of Commissioners. These reductions were in the amount of $1,057,820 and will impact our schools greatly this coming year. He then discussed the enhancements that were included in their budget.

He asked the Board to take under consideration at least the enhancements that the Board of Education requested. This will have a great impact on our schools, high schools, middle schools, and elementary schools.

5. Jim Barnett - Mr. Barnett stated that he supports full funding for the Henderson County Public School operational budget. He thanked the Board for the increased allocation for the capital budget.

Chairman Hawkins informed those in attendance that the Board of Commissioners will have a budget work session with the Board of Education on June 15 at 5:30 p.m.

Commissioner Kumor made the motion that the Board go out of Public Hearing. All voted in favor and the motion carried.

Jake Gilmer reminded the Board that at their May 27 work session, the Henderson County Board of Commissioners discussed various issues and options regarding the Hoopers Creek Zoning Proposal. After much deliberation, the Board directed the Planning Staff to: (1) contact property owners that both owned land along the periphery of the zoning study area boundary and had requested to be taken out of the zoning proposal; staff was to give these property owners the option of being taken out of the zoning proposal and (2) contact property owners in the proposed R-20 area of Garland Road and given them the option of changing the proposed zoning of their property to RC. Staff has completed both of these tasks and presented the results on the revised Hoopers Creek Proposed Zoning Map.

Since the May 27 work session, numerous property owners had sent letters and petitions to County Government to be taken out of the proposed Hoopers Creek zoning area. A significant number of the petitions were sent by property owners that own contiguous tracts of land along the periphery of the zoning study area boundary. Staff presented a list of those property owners.

Following much discussion, Commissioner Moyer made the motion to adopt the recommendation, taking out the red block in the left hand corner (southwest) and with the other revisions proposed by staff (part of which was changing the Garland Road area to RC zoning and changing Jack Bonner from R-20 to RC zoning), and approve this zoning as proposed. More discussion followed.

A vote was taken and the motion carried three to two with Commissioners Ward and Gordon voting nay. There was applause from the audience.

Jake Gilmer reminded the Board that on February 16, 1999, the Town of Laurel Park extended its extraterritorial jurisdiction (ETJ) to an area adjoining the western boundary of the town limits. The area contains approximately 390 acres of land in 44 separate parcels and was zoned R-30 by Laurel Park at the time the ETJ was extended.

In a March 8, 1999 letter, Grady Hawkins requested that the Henderson County Planning Board study the Laurel Park ETJ area and make a zoning recommendation to the Board of Commissioners and at its May 25, 1999 meeting, the Planning Board unanimously voted (7-0) to recommend that the entire Laurel Park ETJ Study Area (390 acres) be zoned R-30 Low-Density Residential. Several Board members suggested that County zoning should be implemented over the entire ETJ in one action rather than in a series of steps. It was noted that if zoning is done in a series of steps the zoning area may become fragmented, which would make it more difficult for the County to apply zoning in areas that are not contiguous with current county zoning districts.

The Board of Commissioners must hold a public hearing prior to taking action on the applications; however, the County must also enter into an agreement with the Town of Laurel Park regarding the relinquishment of Laurel Park zoning to the County and; therefore, the Board may want to communicate with the Town at this time.

Chairman Hawkins stated that he recently received some correspondence that indicated that the Hendersonville Planning Board had made a recommendation to the Hendersonville City Council to leave the airport; however, the Hendersonville City Council voted to incorporate the entire parcel of land of the airport into their ETJ. Commissioner Moyer stated that the airport is split and there are two different zoning jurisdictions, the city has one piece and the county has one piece of the airport.

It was the consensus of the Board that the Chairman correspond with Mayor Niehoff to try to find out exactly what the City Council is considering and how that works in with the original plan for swapping of the zoned areas. The feeling was that the airport would be better off to be in one jurisdiction.

The original abandonment request was submitted pursuant to NCGS 136-63 which regulates the change or abandonment of State roads. According to this statute, the Board of County Commissioners may, on its own motion or on petition of a group of citizens, request the North Carolina Board of Transportation to change or abandon any road in the secondary system when it is in the best interest of the people of the county. The Board of Transportation is not required to hold any public hearings, post notices on any roads, nor mail notices to the residents of the road in question.

The abandonment of the extended section of Old Asheville Road should not significantly impact the general citizenry of Henderson County, nor would it necessarily impact emergency vehicle access to properties along the road. Alternatively, the abandonment would transfer road maintenance responsibilities to landowners using the road, which may have an impact on the future road condition and access to private property.

Staff reported that the Board had several options regarding this issue: (1) vote on the initial abandonment application submitted by Dawjoncourt, Inc. and mandate that the remaining property owners submit a separate application with all appropriate signatures, (2) vote on the abandonment of the original and extended portion, or (3) wait to vote on the entire portion until all property owners on Old Asheville Road sign an abandonment petition.

Commissioner Moyer made the motion to approve the initial abandonment application and direct that if the other property owners want to submit a separate application, that they proceed to do so. All voted in favor and the motion carried.

Jake Gilmer informed the Board that the County had received petitions from Ken-Ken Corp, Inc. asking that a portion of Mitchelle Road be abandoned from the State Maintained System and that a new portion of the road be subsequently added to the State Maintained System. He presented a site map of the abandonment and addition areas.

Although no public hearing is required to abandon or add a road, it has been the practice of this Board to set an advertised public input session for the purpose of receiving comments from the public on proposed abandonments. It has also been the practice of this Board to favorably approve addition petitions and forward them to the NCDOT for their review, with the request that no road be moved on the road paving priority list.

Commissioner Kumor made the motion to set a public input session for the June 16 meeting at 11:00 a.m. All voted in favor and the motion carried.

Commissioner Kumor made the motion that the Board go into Closed Session, pursuant to NCGS 1430318.11 for the following reasons: 1.(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. All voted in favor and the motion carried.

Chairman Hawkins made the motion that the Board go out of Closed Session. All voted in favor and the motion carried.

There being no further business to come before the Board, Chairman Hawkins adjourned the meeting at 8:38 p.m.

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