The Henderson County Board of Commissioners met for a regular scheduled meeting at 9:00 a.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, Staff Attorney Jennifer O. Jackson, County Engineer Gary Tweed, and Public Information Officer Chris S. Coulson.

Chairman Hawkins called the meeting to order and welcomed all in attendance.

Chairman Hawkins led the Pledge of Allegiance to the American Flag.

David Nicholson gave the invocation.

Clerk Elizabeth Corn asked that one item be deleted under CONSENT AGENDA - #6. Smart Start. This was taken care of at the last meeting.

It was the consensus of the Board to approve these changes to the agenda.

Commissioner Kumor made the motion to approve the CONSENT AGENDA. All voted in favor and the motion carried.

The CONSENT AGENDA including the following:

May 24, 1999, special called meeting

May 26, 1999, special called meeting

June 2, 1999, special called meeting

June 3, 1999, special called meeting

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

These are Chamber of Commerce vacancies. The Chamber has submitted recommendations for the vacancies. Chairman Hawkins nominated Gordon DeMarco for reappointment and Dr. David Sink for the Chamber of Commerce vacancies on this Board. Commissioner Kumor made the motion to suspend the rules and appoint both these nominees. All voted in favor and the motion carried.

There were no nominations at this time so this item was rolled to the nest meeting.

These are all designated positions. Nominations have been made and they are going through the process. No appointments could be made at this time.

Commissioner Kumor nominated Audrey McLane for reappointment to her current position. Chairman Hawkins made the motion that we accept Ms. McLane by acclamation. All voted in favor and the motion carried.

There is still one vacancy which was rolled to the next meeting.

6. Smart Start - This had been deleted as Miriam Plexico was appointed at the last meeting.

There were no nominations at this time so this item was rolled to the next meeting.

Position #12 is vacant due to a resignation. This is not a designated position. There were no nominations at this time so this item was rolled to the next meeting.

Due to a recent change in their by-laws there is no vacancy currently.

The Board of Commissioners must fill the newly created vacancies (one regular member and one alternate) from the Hoopers Creek zoning area on the Board of Adjustment. As there are concerns about the illegal constitution of the Zoning Board of Adjustment, prompt action to fill these vacancies is necessary.

The next meeting of the Zoning Board of Adjustment is scheduled for Wednesday, June 30, 1999. Ideally one or both of the vacancies should be filled before that meeting. If no appointments have been made, Ms. Jackson recommended that the meetings be canceled until such time as one or both of the Hoopers Creek representatives have been appointed.

Commissioner Kumor made the motion that Chairman Hawkins communicate with the Chair of the Zoning Board of Adjustment that they delay their meeting because the Commissioners are looking for an additional person to seat on the appropriately constituted Board and that they be advised that any issues that have any statutory limitations would be extended until that time. All voted in favor and the motion carried.

Jennifer Jackson reminded the Board that a decision was made to separate the site preparation and construction of the Henderson County Detention Center in order to have as much work done prior to the cold weather that we normally experience during winter months. The first phase of the project is the site preparation and the construction of the building pad.

A tentative timeline for the Henderson County Detention Center project had been prepared by Grier-Fripp and was presented to the Board. The timeline has been modified slightly but gave the Board an idea of the time estimated for the completion of the various phases of the project.

Henderson County opened bids on the site preparation phase of the Detention Center on June 15 at 2:00 p.m. Staff presented the Board with the results of the bid opening and asked the Board to award the site preparation bid to the lowest responsive bidder taking into consideration quality, performance and time.

A chart was distributed to the Board showing the results of the bid opening for the site preparation phase. Three of the bids were considered to be nonresponsive bids by staff but Ms. Jackson requested that the Board designate them as nonresponsive.

There was much discussion regarding the bid forms and the deletions/omissions.

Commissioner Kumor moved that the Board of Commissioners reject the bid submitted by S & S Grading for the site preparation of the Henderson County Detention Center because they failed to fully complete the bid form in that they failed to submit the portion of the bid form that required contact information for notice purposes and the portion of the bid form that required three references which renders their bid nonresponsive;

That the bid submitted by Phillips & Jordan be rejected because they failed to fully and accurately complete the bid form in that their bid contained blanks on the portion of the bid form that required three references which renders their bid nonresponsive; and

That the bid submitted by Perry Alexander Construction Co. be rejected because the person signing the bid failed to initial the strike-throughs on the bid which renders their bid nonresponsive;

That the bid for the site preparation phase of the Henderson County Detention Center be awarded to Carolina Mountain Construction Company, Inc. for $120,000.00, as the lowest responsible bidder taking into consideration quality, performance and time.

Following additional discussion and advice from the County Attorney, a vote was taken and the motion carried three to two with Commissioners Ward and Gordon voting nay.

All the bids were under budget.

It was suggested that future bids have a check list so that bidders could check off the items required. It was also suggested that the Commissioners be invited to the next pre-bid conference so they could see what information is shared and how it is delivered so they understand the process.

Gary Tweed reminded the Board that on June 8 the Board held a Public Input Session to receive public comments on franchising. Following that meeting Jennifer Jackson and Gary Tweed summarized the various comments received at the meetings of the Solid Waste Advisory Committee, the Solid Waste Haulers Association, and the public input session held by the Board on June 8. Staff submitted the summaries and a proposed timeline for consideration by the Board.

Staff asked for direction from the Board on how to proceed with this issue. This issue is quite complicated and it would be preferable to discus the franchising of the residential solid waste haulers in a work session format.

The Board issued a 60 day suspension (delay of processing) application at the mid-month May meeting, which would put us into mid July. If the Board extends this process then Mr. Tweed recommended that the Board extend the suspension as well.

Commissioner Ward made the motion to extend the time to September 1, 1999. All voted in favor and the motion carried.

Back in February Mr. Tweed received notice from GDS of their plans to close the Materials Recovery Facility on Sugar Loaf Road. At that time he reported options to the Board of Commissioners which were to go to Asheville Waste Paper to deliver those materials. They do accept recyclable materials. They do not do it under a contract basis. You pay their spot prices.

Mr. Tweed began evaluating all the options for the County and came up with the following three:

1. Asheville Waste Paper.

2. GDS recovery facility located at the landfill east of

Charlotte, in Troy, N.C.

3. FCR, Inc. In Greenville, S.C.

He explained that FCR has made the best proposal to the County. They are willing to enter into a contract with us for up to three years. They are very flexible on how we deliver the materials to them; separated, co-mingled, or in blue bags.

Mr. Tweed stated that there is a cost to run a recycling program. Our current cost is about $28 per ton. If we go to FCR we are still in that same cost range. If the county-wide blue bag program is put into place, then the revenue will drop the net cost about $5 per ton.

Mr. Tweed stated we have a proposal on the table from FCR, it is a 30 day proposal. He has about 2 weeks to respond to them. He would like to be able to negotiate a contract with FCR and go out and shop for a used walking floor large trailer that can be used with the tractor that we currently have and haul those materials to FCR.

Following much discussion, Commissioner Moyer made the motion to proceed with the FCR recommendation but to get further information on hauling that we can review before the deadline, quotes against what it would cost to do it, whether there are other haulers, even if it has to be bid, so that we can look at that piece separately.

Chairman Hawkins has drafted a letter in response to our earlier meeting with the City of Hendersonville on the Mud Creek Sewer System. He copied the Board with that letter and asked for any comments so that he can get that letter to Mayor Niehoff.

Commissioners Kumor and Gordon have compiled a Historic Courthouse report and distributed to the Commissioners.

Ms. Kumor reminded the Board that the Historic Courthouse Committee has been meeting with a number of groups that might be interested in using the facility to get some ideas about the use. A proposal has been drafted and presented. She asked that the Commissioners review the proposal now because of budget deliberations. If the Board moves forward with the plan, there is a need for some seed money to be set aside. Over time this may become a self supporting operation through grants and through generated revenues but the proposal requires some up-front investment be made to get the process started.

Commissioner Gordon stated that she has been very encouraged during this process with the enthusiasm of the group. She felt it was a diverse group. They developed some consensus by the end of the meetings on the direction needed. When the Commissioners have time to read through the proposal, they will find that it is not something that depends on the county to carry the load. It is really trying to create a focal point for Henderson County in the old courthouse with something that can really be used by the community and that the whole community will buy into and help support.

Commissioners Kumor and Gordon plan to visit two nearby courthouses that have been turned into museums. They will be interested in how the counties have created the nonprofit and how it works with the local governments.

Part of this proposal is the package of the several historic properties that the county has and how a nonprofit might be structured to really benefit all of them.

Commissioner Moyer has expressed concerns that the Zoning Ordinance Rewrite has not been moving forward very promptly. There was a meeting yesterday with Karen Smith, Chuck McGrady, Angela Beeker, Commissioners Moyer and Gordon and the people from BenchMark. He felt it was a productive meeting. BenchMark committed to moving forward promptly to get this done.

Decisions made at that meeting were to take the rest of June, July, and August for BenchMark and the Planning Department to hold public sessions with respect to the existing ordinance, problems with it, things they would like to see changed as well as what they would like to see in the new zoning ordinance and how it should be approached. There will be separate meetings held with various groups and with the public at large during this period. A matrix will be built of what the groups think, what the community feels is important, and then the same group will meet in September to digest all the comments and determine what they think the next step should be. At that point in time we would come back to the Planning Board and the Board of Commissioners and reevaluate where they are and where they need to go, etc.

Chairman Hawkins asked to add this item at this time and it was the consensus of the Board to do so.

Chairman Hawkins had gathered some background information on this item and copied it to the Commissioners. Pardee Hospital has applied for a grant for a School Health Clinic Plan. If the School Nurses are approved, mobile units will have to be provided to house the Nurses. The bidding for the mobile units has been delayed until July 21 in Rutherford County on some excess school trailers. Mr. Hawkins reviewed the type of activities planned for the nurses.

Over and above the Duke Endowment Grant is a need for $212,690. Pardee is working on this funding but anticipates being $10,000 short after significantly reducing a lot of the needs items from the March memo.

Henderson County Government has not been asked to vote on whether or not they support the grant but rather being asked to provide the funding for modular units to be placed at the schools to house this program. Chairman Hawkins also stated that Henderson County is being asked to authorize the positions in the Public Health Department. The Public Health Department has stated that they have almost $30,000 in their budget that they could use to purchase the trailers.

Ms. Stanley was recognized to address this issue. Barbara Stanley stated that they have identified about $29,000 in the current budget that was earmarked in the Maternal Health Program that will not be needed for the purpose intended. In their commitment for trying to do whatever they could to see that this program was able to get off the ground, they felt that this would be a good use for those funds and requests that they be used in whatever way is most cost effective to establish some facility for these nurses to be housed. There will be a forthcoming request for approval for these positions if this program is approved (four positions that the grant should cover).

There was discussion as to whether or not groups should apply for grants without first getting the approval of the Board of Commissioners, if the Board may have to approve funds or positions at some point in the process.

Following much discussion, Commissioner Kumor made the motion to support the Duke Endowment Grant and commit to hiring the four personnel that will be required to accept the grant and transfer monies for the modular units. A vote was taken and the vote failed one to four with Commissioner Kumor being the only aye vote.

Chairman Hawkins called a 10 minute recess.

1. Paul Hamberis - Mr. Hamberis is with Waste Management. He thanked the Board for past business. He had submitted a letter concerning franchising solid waste in the county requesting approval of the proposed franchise for Henderson County.

2. Mary Jo Padgett spoke as the Executive Director of the Environmental and Conservation Organization. She spoke on the franchising/recycling issue. Their particular interest in the franchising issue is recycling. She suggested that the County consider a bag for bag incentive for private citizens at the landfill.

Jake Gilmer, County Planner, reminded the Board that on May 11, Ken-Ken Corporation, Inc. submitted an abandonment petition to the Henderson County Board of Commissioners requesting the abandonment of a portion of Mitchelle Road (SR #1896). The abandonment request had been submitted pursuant to GS 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 Impact Study, completed by the Planning Department, found that the abandonment of the eastern portion of Mitchelle Road should not have a negative impact on nearby property owners and will not obstruct emergency vehicle access to the area. If the Board finds the best interest of the citizens of Henderson County will be served by the abandonment, a motion should be made to request that the North Carolina Board of Transportation abandon a portion of Mitchelle Road from the State maintained system.

Public Input - There was none.

Chairman Hawkins asked the County Attorney for his opinion regarding jurisdiction. He agreed with the Staff Attorney that Henderson County has jurisdiction since the area in question is in the ETJ and not the regular boundaries of the City of Hendersonville.

Following discussion, Commissioner Moyer made the motion that it is in the best interest of Henderson County to abandon the eastern portion of Mitchelle Road and to request that the North Carolina Board of Transportation abandon this portion of Mitchelle Road from the State maintained system. All voted in favor and the motion carried.

Jake Gilmer informed the Board of a related application submitted for an addition to the State Maintained System. He reviewed the area of the newly proposed road.

There was discussion and it was the consensus of the Board that this petition be denied until the road is actually constructed. The Board was more comfortable with approving a petition for an actual constructed road. Planning Staff will notify the petitioners as such.

Chairman Hawkins informed the Board that Gerton Volunteer Fire Department is in the process of lease/purchase of an ambulance/rescue truck to replace a 1986 used Ford Ambulance with 186,000 miles. The fire department conducted a public hearing regarding the lease/purchase on June 7, 1999.

The request is to authorize the Chairman to sign a letter indicating that they are a volunteer fire department and Henderson County collects tax revenues for their operation.

Rick Merrell asked the people in the audience to stand who are concerned about greenways. There were probably 20 or so persons who stood. Mr. Merrell stated that he had agreement of all four municipalities and agreement to fund equally. Mr. Merrell introduced Bill Lane, an experienced landscape architect, who presented a short video on greenways which was watched by all.

Greenways allow our urbanized population to enjoy recreation in an outdoor natural setting convenient to their homes. Greenways provide accessible places to run, bicycle, or simply take a walk while enjoying nature. Greenways can be used by anyone at any age including the physically challenged. Greenways can link historic sites. Greenways can offer alternative forms of transportation.

Mr. Lane stated that greenways are linear in nature. They provide a lot of different types of recreation. Greenways are not always trails and recreation spaces, they could just be protected areas to protect flood plains or wildlife areas. They do not always have to have public access. Some types of greenways are abandoned rail corridors, joint easements with sewer easements or utility easements. Greenways have been used to protect a lot of ridge lines as well as flood plains. Greenways have economic benefits by improving the quality of life for a community thus attracting corporate business. It can increase property values for properties that abut or back up to the greenway system. Greenways can enhance the water quality and preserve sensitive natural areas as well as provide habitat for nature wildlife and vegetation. He briefly discussed some regional and state greenway systems in other parts of the United States.

Rick Merrell introduced Karen C. Smith who discussed the history of greenways efforts locally.

Michael Egan, Staff Attorney with the City of Hendersonville, was then introduced to cover the details and logic behind the agreement. The purpose of the agreement is to find a means to have all the entities in the county cooperate in promoting, planning, and developing and maintaining a greenways system for Henderson County. The responsibilities are in Article IV of the interlocal agreement. The Commission is an advisory commission which is a working commission to study the needs and desires of the people. The commission will investigate grants and other monies and will seek donations of funds and land for the greenways program.

Questions were raised regarding liability and maintenance. The answer was that liability would be covered by whichever municipality for that particular area of the greenway as well as maintenance would be handled by each municipality for their area of the corridor/trail etc.

Following very much discussion, Commissioner Moyer made the motion to endorse the concept and fund it for one year with the $4,000 to come out of the Recreation budget. In the meantime the Boards and Municipalities will continue to work to see what kind of specifics they can delineate on an agreement if one is appropriate. Feedback will also be expected from the volunteer organizations as to input on the works with the interlocal agreement. Mr. Egan offered his office to be a liaison as far as working out the Commissioners concerns about the interlocal agreement. A vote was taken on the motion which carried unanimously.

Staff suggested that the Board of Commissioners might wish to consider holding a work session to review the proposed amendments in detail. Before taking action on any of the proposed amendments, the Board must hold public hearings. One hearing should be scheduled for the amendments to the Zoning Ordinance and a second hearing should be scheduled for the amendments to the Manufactured Home Park Ordinance.

Karen C. Smith explained that Mr. David Hill, agent for Ms. Diana Beddingfield, submitted an application for a Minor Subdivision consisting of 9 lots. Section 405.2 (Table 1) of the new Subdivision Ordinance requires that the maximum road grade be no more than 18 percent and that the minimum travelway width be no less than 16 feet. A centerline profile plan submitted by Mr. Hill shows that road grades will be as much as 24.5 percent. Approximately 400 feet of the proposed Lee Ridge Road, 170 feet of Adam Ridge Road, and 32 feet of the 30 foot wide drive easement will exceed 18 percent grade. The applicant also proposes to pave the roads to a width of 12 feet.

Because the road grades and travelway width requirements of the new Subdivision Ordinance will not be met, the application was not approved administratively. Therefore, Mr. Hill has applied for a variance from road grade and travelway width requirements of the ordinance. If granted, the variance would allow 602 feet of the roads in the proposed subdivision to exceed 18 percent grade and road travelway widths of 12 feet.

It was the consensus of the Board to refer this item to the Planning Board for review and recommendation to the Board of Commissioners. The Board was in agreement to wait until hearing a recommendation from the Planning Board before setting a public hearing.

Commissioner Kumor made the motion to set a Public Hearing on the proposed changes to the Manufactured Home Park Ordinance and the proposed changes to the Zoning Ordinance for July 21 at 11:00 a.m. All voted in favor and the motion carried.

A work session was set for July 27 at 3:00 p.m. on the Manufactured Home Park Ordinance and the Zoning Ordinance to review proposed amendments to both.

A work session was set for July 29 at 3:00 p.m. on the Residential Solid Waste Franchising.

Budget work sessions were set for June 24 at 3:00 p.m. and June 28 at 3:00 p.m.

Commissioner Kumor made the motion that the Board go into Closed Session 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 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.

2.(a)(6): To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee.

All voted in favor and the motion carried.

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

Chairman Hawkins stated that he would contact Mr. Baird and relate the decision to him.

There being no further business to come before the Board, the Chairman adjourned the meeting at approx. 1:35 p.m.

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