MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON SEPTEMBER 7, 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.

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/Interim County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.

Also present were: Interim Planning Director Karen C. Smith, Finance Director J. Carey McLelland, Public Information Officer Chris S. Coulson, Staff Attorney Jennifer O. Jackson, and Fire Marshal Rocky Hyder.

CALL TO ORDER/WELCOME

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

PLEDGE OF ALLEGIANCE

A member of Boy Scouts Troop #603 led the Pledge of Allegiance to the American Flag. Chairman Hawkins welcomed several members of Troop 603 to the meeting.

INVOCATION

David Nicholson gave the invocation.

DISCUSSION/ADJUSTMENT OF AGENDA

Chairman Hawkins asked that an item be added between AA@ & AB@ of Staff Reports - an update on Workfirst. DSS will be present with an update on this item. Late Friday he sent a note out to the Commissioners, DSS had a real short deadline put on them by the State to respond to the Workfirst Program.

Commissioner Moyer asked that the following items be added under Discussion Items:

AD@ Bent Creek Property

AE@ Erosion Control Grant

AF@ Youth Issues

Commissioner Moyer stated that it would be important at some point for it to be explained why the Commissioners= float only got halfway through the parade and why half the people missed it. He also felt that it should be pointed out the special recognition that Mr. Ward has beside his nametag.

Chairman Hawkins stated that the special recognition for Mr. Ward was actually by Vice-Chairman Moyer for an unsuccessful bid in the Mayor=s Cup Raft Race, an annual event. The progress of the Commissioners= float in the recent Apple Festival Parade - it only made it to about Third Avenue at which time Commissioner Moyer=s automobile expired.

CONSENT AGENDA

Chairman Hawkins asked that one item be pulled from the consent agenda for some discussion - AF@ - Adoption of the Environmental Advisory Committee (EAC) Bylaws.

Adoption of the Environmental Advisory Committee (EAC) Bylaws

Pursuant to the Henderson County Code, Sub-Section 6-20 Bylaws of Board of Committees; Bylaws drafted by any Board or Committee must be presented for approval by the Henderson County Board of Commissioners prior to adoption, unless otherwise provided by law.

Chairman Hawkins suggested a wording change on page 2 from Awill@ to Amay@. The Board agreed by consensus that some change was needed but asked that Chairman Hawkins send a suggestion to the EAC Chairman and ask if they=d consider changing it to Asubject to appointment review by the Board of Commissioners@.

Commissioner Moyer called the Board=s attention to a statement on page one of the draft bylaws that is one of the purposes of the committee - Ato attend meetings, in the absence of, and at the request of the Board of Commissioners@. The Board agreed to leave that statement in the draft bylaws.

These bylaws will not be approved as part of the consent agenda.

Commissioner Moyer asked for two items to be pulled from the consent agenda to call attention to them for the public:

AB@ - Hunting & Fishing Day Proclamation

AD@ - Resolution - Literacy Day

This Proclamation and this Resolution were read for the public=s information. These documents are hereby made a part of these minutes.

AJ@ - Henderson County Financial Report - July 1999

Commissioner Moyer raised a question about the financial report and allowed it to be placed back on the consent agenda.

Commissioner Kumor made the motion for the Board to approve the Consent Agenda as amended. All voted in favor and the motion carried. The CONSENT AGENDA consisted of the following:

Minutes

Minutes were presented of the August 26, 1999 special called meeting for the Board=s review and approval.

Hunting & Fishing Day Proclamation

For the past few years, the Henderson County Commissioners have been asked to declare the fourth Saturday in September as Hunting and Fishing Day in Henderson County. The President of the NC Wildlife Federation requested that this issue be included on the agenda for this Commission Meeting so that the Commissioners might consider issuing a similar proclamation for this year and proclaim Saturday, September 25 as Hunting and Fishing Day in Henderson County.

Notification of Purchase - Influenza Vaccines

The Board of Commissioners adopted a Resolution on August 20, 1997, authorizing the County Manager to advertise, receive, reject and award bids on the purchase of apparatus, supplies, materials, and equipment valued at less than $100,000.00. The County Manager has recently exercised his authority under this Resolution and, pursuant to the terms of the Resolution, reported the following to the Board of Commissioners.

On August 16, 1999, the County Manager authorized the advertisement of bids for the purchase of influenza vaccines for the Health Department. The taking of the bids was advertised on August 19, 1999 and bids were received and opened on August 27, 1999. Two bids were submitted; however, the County Manager declared one of the bids nonresponsive since the only information enclosed in the bid was a copy of an offer letter which showed an offer expiration of March 31, 1999. The one responsive bid was submitted by Caligor Roane Barker out of Greenville, South Carolina, for a total bid price of $37,200.00. On August 27, 1999, the County Manager awarded the purchase contract to Caligor Roane Barker.

Resolution - Literacy Day

The Board had been asked to adopt a Resolution declaring Wednesday, September 8, 1999 as Literacy Day in Henderson County. This Resolution urges citizens to learn more about the importance of literacy and to become involved with literacy in their communities.

Tax Collector=s Report

Terry F. Lyda, Tax Collector, had provided the tax report as of August 30, 1999 for the Board=s information.

Adoption of the Environmental Advisory Committee (EAC) Bylaws

This item was pulled from the consent agenda.

Tax Refunds

A list of nine (9) tax refund requests was submitted by the County Assessor for approval by the Board of Commissioners.

Tax Releases

A list of thirty-one (31) tax release requests was submitted by the County Assessor for approval by the Board of Commissioners.

Notification of Vacancies

The Board was notified of the following vacancies which will appear under ANominations@ on the next agenda:

1. Downtown Hendersonville - 1 vac. due to resignation.

2. Nursing/Adult Care Home Community Advisory Committee - 1 vac. - term expired 8/99 (position # 15).

Henderson County Financial Report

The Henderson County Financial Report for July 1999 was submitted to the Board for review.

Henderson County Public Schools Financial Report

The Henderson County Public Schools Financial Report for July 1999 was submitted to the Board for review.

Proposed Order for Charlestown Place

The Board of Commissioners held a special called meeting on August 9, 1999, at which time it considered the Special Use Permit Application submitted by Joe Crowell on behalf of Joe Crowell Construction, Inc., regarding Charlestown Place, a proposed Planned Unit Development, located off US Highway 25 South.

The Board conducted a Quasi-Judicial Proceeding to consider the application. After hearing all of the testimony the Board discussed the matter and voted to grant the permit subject to certain conditions. One such condition was that the Interim County Attorney review and approve the proposed restrictive covenants for Charlestown Place. The Interim County Attorney has met with the developer but is waiting for proposed modifications to be completed.

The Board directed Staff to prepare proposed findings of fact and conclusions of law consistent with the information presented and with the Board=s discussion and vote to grant the special use permit subject to certain conditions.

The proposed order was submitted to the Board for their adoption either as presented or as revised.

Proposed Order for Creekside

The Board of Commissioners held a special called meeting on August 9, 1999, at which time it considered the Special Use Permit Application submitted by Maxie Small on behalf of The Old Bowen Farm, LLC regarding Creekside, a proposed Residential Open Space Development, located off Haywood Road.

The Board conducted a Quasi-Judicial Proceeding to consider the application. After hearing all of the testimony the Board discussed the matter and voted to grant the permit subject to certain conditions. One such condition was that the Interim County Attorney review and approve the proposed restrictive covenants for Creekside. The Interim County Attorney has done so as evidenced by the memo dated September 2, 1999.

The proposed order was submitted for the Board=s review and adoption as presented or as the Board may revise.

NOMINATIONS

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

1. Henderson County Board of Health - 1 vac.

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

2. Hendersonville City Zoning Board of Adjustment - 4 vac.

Commissioner Kumor nominated Jay Angel. Commissioner Ward nominated Malcolm Allen.

Commissioner Moyer made the motion to suspend the rules and appoint these two nominees as regular members. All voted in favor and the motion carried.

3. Land-of-Sky Regional Council - Advisory Council on Aging - 1 vac.

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

4. Henderson County Juvenile Crime Prevention Council - 2 vac.

Commissioner Kumor nominated Terri Wallace as a member from the public. Commissioner Moyer made the motion to suspend the rules and appoint Ms. Wallace. All voted in favor and the motion carried.

5. Nursing/Adult Care Home Community Advisory Committee - 3 vac.

Chairman Hawkins nominated Teresa Whitmire to position # 23. There were no other nominations. Chairman Hawkins made the motion to suspend the rules and appoint Ms. Whitmire. All voted in favor and the motion carried.

6. Henderson County Zoning Board of Adjustment - 1 vac.

Commissioner Gordon nominated Susanne Tiller as an alternate member. Commissioner Kumor made the motion to suspend the rules and appoint Ms. Tiller. All voted in favor and the motion carried.

7. Industrial Facilities & Pollution Control Authority - 1 vac.

Commissioner Moyer nominated Arnold Sheldon. Chairman Hawkins made the motion to suspend the rules and appoint Mr. Sheldon. All voted in favor and the motion carried.

GREEN RIVER FIRE DEPARTMENT LEASE PURCHASE

Rocky Hyder informed the Board that Green River Volunteer Fire & Rescue, Inc., plans to purchase a replacement rescue engine. They plan to conduct a public hearing regarding this purchase on Saturday, September 18, 1999 from 12:00 until 2:00 p.m.

Chief Todd McCrain was present at the meeting and answered some questions for the Board.

Following discussion, Commissioner Moyer made the motion to authorize the Chairman to sign the necessary documents to proceed with this purchase. All voted in favor and the motion carried.

BOARD OF ELECTIONS - Director=s Salary

During the recent budget deliberations, the Board established a base salary for the new Elections Director at $25,000 to $35,000 annually depending on experience.

The Chairman has received a letter from the Board of Elections requesting that their Director be paid on the same pay scale as the other County Department Heads. (The standard grade for the County=s Department Heads is 76. The beginning step of this grade would equate to an annual salary of $39,071.)

It was the consensus of the Board to review this item again at budget time.

Nancy Harrelson and Jonathan Parsen both spoke to this issue stating that they feel it is a very important position.

Chairman Hawkins stated that the Board reviewed in some detail all the salaries they are responsible for. At that time they increased slightly the compensation for the Board of Public Education. He felt that this was an item that should be reviewed annually during the budget process.

CLEAR CREEK MEADOWS - Request for Release of Funds and Extension

Jennifer Jackson stated that as allowed by Chapter 170 of the Henderson County Code, the Board of Commissioners on April 27, 1999, approved the deposit of a certified check in the amount of $116,875.00 as an improvement guarantee for Clear Creek Meadows Subdivision. The Agreement that related to the improvement guarantee required that the water and road improvements be completed by August 1, 1999.

The Assistant County Manager received a letter from Tony Riels of Jarco Development, LLC, the developer of Clear Creek Meadows, dated August 24, 1999. The letter requested that the Board of Commissioners release a portion of the funds that the County is holding as security for the completion of the improvements. The release was requested due to completion of the majority of the improvements.

Based on an inspection of the site, the road improvements appear to have been completed and most, but not all, of the water improvements have been finished (as of the preparation of this agenda item). In particular, the water tank has not yet been installed. Jarco Development has indicated that all of the improvements will be completed by September 7, 1999.

Ms. Jackson stated that the improvement deadline was August 1. As of just a few minutes ago, staff was told that they are almost completed. The roads are 100% complete, however; there is a water tank that has not yet been installed. The developer had stated that it was due for installation tomorrow.

In the event that all of the improvements have been completed it would be appropriate to authorize the release of all the funds that the County has been holding in accordance with the Agreement. If all of the improvements have not been completed by September 7, 1999, then it would be appropriate for the Board to (1) consider granting the developer an extension to allow the completion of the remaining improvements, and (2) consider whether it wishes to release some portion of the security based upon the improvements that have been completed.

A representative of Jarco Development, LLC (Lowell Lance) was present to answer any questions from the Board. He stressed that the road is 100% complete. They have had some delays on this project but the water system will be completed tomorrow.

Commissioner Moyer suggested that rather than a partial release, since they are this close, he=d rather see the Board wait and do a whole release upon receipt of the certificate from Smith and Company that the work is done. The Board=s next scheduled regular meeting is only eight days away, on September 15.

Following more discussion, it was the consensus of the Board to place this item back on the Board=s agenda for the next meeting, September 15.

ALLIANCE FOR HUMAN SERVICES

Commissioner Moyer (who serves as Vice-Chairman of the Alliance for Human Services) reminded the Board that during Fiscal Year 1998-1999, the Board of Commissioners approved a request from the Alliance for Human Services for $25,000 (the county=s share) towards the funding of a human services needs assessment (United Way, Community Foundation, and the Board of Commissioners authorized $25,000 ea.). The County actually only paid out $16,065.13 for the consultant who performed the study (of the county=s share). The Alliance is requesting the balance of the county=s funds to be released, $8,934.87.

A copy of the Alliance=s letter was submitted for the Board=s information.

Commissioner Moyer made the motion to approve the money be used as has already been authorized for the Alliance for Human Services. All voted in favor and the motion carried.

The Alliance will further refine the needs assessment with more community discussion groups to try to identify the specific needs in greater detail and then have an implementation plan for each of those areas involving the agencies that would serve in each area.

In hiring Mike Oliphant, the Board charged itself and Mike with coming up with grant monies and other monies that would enable this to continue. The other hope is that we=ll come up with efficiencies and improvements in delivery of services that will offset any cost associated with continuing this operation.

CHAIRMAN=s comments re: School Question

Chairman Hawkins stated that for those in the audience who were interested in the school question that the Board will deal with later in the meeting - the County Attorney has advised the Board that there is quite a bit of case law indicating that the Board of Commissioners does not have authority to deal with those parts of the Board of Education=s land swap. However, the Board of Commissioners does have a statutory requirement on the rights of refusal and a small purchase.

He wished that this statement be made prior to informal public comments in case there were people who wished to address this item.

Angela Beeker - ABasically what case law has said about the issue of exchange of property by a Board of Education is that they have the same authority to exchange property that you would have as the Board of Commissioners. The courts have interpreted this statute to say that they have a very high level of discretion in making the decision as to the values and which property is swapped for the other property and that the Board has no legal authority to >approve that=, as long as it=s a pure exchange of land it=s totally within their discretion to do it. If there is money involved, if it is county appropriated money involved, then you have the authority and the obligation to approve the amount spent, if you agree with it and you think it=s reasonable. So with regard to the proposed exchanges that=s really not in my opinion before you for approval.@

INFORMAL PUBLIC COMMENTS

1. Eva Ritchey - Ms. Ritchey stated that she is concerned as a citizen about the land swap. It seems to her that after we have waited this length of time to find an appropriate piece of property and to be able to build Balfour School that she feels we have not found the best piece of property that we could find to build this school on. She has viewed the piece of property and is at a loss as to why the School Board would choose this as a piece of property to put this kind of investment on.

As a parent and a person interested in education, she wants the best site. She wants them to have a good school at a good place. She stated that this site has no road frontage. She is very disappointed.

Ms. Ritchey also stated that every day that the leadership of this Board delays in coming to conclusion on the matter of school nurses is one more day that her daughter at Rugby School does not have access to health care in that school. There are 815 students at Rugby now. She mentioned three different instances last week when a nurse was needed.

We have an opportunity to have at least a health nurse in each of the Middle Schools. Her question to the Board was AWhy have we sent this to a committee for 30 more days and why after I talked to Mr. Shuffstall, a very cordial meeting and asked him what he intended to do with it - he said to me that he was going to have to be delayed because he had to wait on Bill Blalock, that Bill Blalock needed to be at this meeting and my question to you is - who is Bill Blalock? Why is my child being delayed in having this kind of needed service that she and all these other children need waiting on Bill Blalock to come back from California? Is he an elected official? Is he a employee of the Henderson County School System or the Henderson County System, is he that important? I think that you do have questions that needed to be answered but certainly they could have been answered in less than 30 days and we could move on and get this endowment back in our community and get the services that this endowment would give us. So my question is why do we seem to be delaying and delaying in addressing and finishing this problem?@

Commissioner Ward asked for a response here for those who didn=t understand.

Chairman Hawkins answered that Bill Blalock is a citizen who is a member of the Board of Trustees at Pardee Hospital. Bill Blalock along with several other people on the Hospital Board was assigned in the outreach committee to take a look at Pardee=s particular requirements and commitments on the Duke Endowment. As far as what Dr. Shuffstall and his committee is doing, Chairman Hawkins did not know for sure, it is a Hospital Board committee that is looking at a hospital grant. The grant for Duke Endowment did not come from the Board of Commissioners. There are some serious questions about funding it.

2. Don Justus - Mr. Justus stated that the Board may not have the authority to turn down the request on this property swap. He visited the properties in question. He looked at the tax assessments on these properties. He then went to the School Board and got the information about the numbers that were assigned by their appraiser. He called the appraiser who said that he didn=t have the records, they were at the School Board. The School Board told him that the appraiser had them. Finally after going back to the School Board. He distributed a hand out and discussed the School Board appraisals of all three pieces of property. The School Board=s appraisal of the two county owned pieces of property were excessively low while the School Board=s appraisal of the piece of property off North Clear Creek Road was excessively high. He explained that there is almost a half million dollars worth of difference between the Tax Assessor=s values of the three properties and the School Board appraisals values.

Mr. Justus asked numerous questions concerning many aspects of this property, some were:

1. What were the criteria and procedures used in site selection and when did we start

looking?

2. What other sites were considered?

3. How and by whom was the appraiser chosen?

4. Who paid for the appraisal and what was the cost?

5. Why does the School Board consistently describe the site property as 3 miles from the Balfour School when it is actually 4.5 miles (exit to exit)?

Mr. Justus was not sure whether the County Commissioners could do anything about this. He was glad that this was an item on the Board=s agenda this evening.

3. Terry Hicks - He really just wanted the Board to know he was available in case they had questions regarding the Flat Rock Subdivision Ordinance. The Board will take that into consideration when they address that agenda item a little later in the meeting.

4. Leslie Stott - Ms. Stott is the Mother of three children, the oldest of whom attends Etowah School in the second grade. She wrote each of the Commissioners a letter a couple of months ago regarding school funding. She spoke for a large group of parents from Etowah Elementary School - parents and teachers.

She had heard from several sources that the Board stated that parents are not showing the Board that they care about school funding which has resulted in smaller allocations for schools than might otherwise have been approved.

She was present to show the Board that they care. They want a new school for the children in Etowah and they want the schools funded to allow smaller class sizes and adequate funding for basic needs. She spoke of the many needs of the old Etowah school building. AI would call OSHA if an employer forced me to work under such conditions. . . You have no way of knowing what is important to the people of Henderson County unless we tell you so I=m here to tell you. Schools are at the top of our list of priorities. We need a new school. We need smaller class sizes. We need adequate annual budgets.@

5. Jonathan Parce - Mr. Parce did not speak.

6. Tom Looby - Mr. Looby addressed the Election Board Director=s salary. He just came from a meeting at the Board of Elections on Grove Street. The Board of Elections, voting in secret at a closed meeting, appointed a woman as the new Director of the Board of Elections and then opened the door and called the public in and announced their decision. The public were permitted a few minutes to speak. They informed the Board that was a gross violation of the Open Meetings Law.

Mr. Looby stated that under public pressure at a previous meeting of the Board of Elections, the Board had intended to make an appointment right then for a woman whom they had promised the job months and months ago, agreed under public pressure and under press attention to follow the county hiring guidelines. He spoke to the county guidelines and agreed with them. He complained that the Board of Elections has given the job to a woman who has been promised the job by them months and months ago and who has announced publicly all over. She has resigned her existing position and has trained a replacement, announcing what date she will take over the new job. All the time that this is going on the Election Board is holding interviews of naive people thinking that they have a fair shot at that job. He is very disappointed, these are the representatives of his party whose conduct is deplorable. He called this a shameful scenario of events. He pleaded with the Board not to condone, support, excuse the action of the new Board of Elections in any way and not to improve the salary range one dollar above the range which the board has set.

7. R. L. Roper - Mr. Roper was upset, stating that we have a serious problem. He stated that he could not be as calm as brother Looby. He had shared a letter with Commissioner Kumor and he understood that she was going to copy each of the Commissioners. He stated that we have a situation that has gone beyond the Democrats and the Republicans in regards to what has happened in this Election Board, stating that it is a sad day for Henderson County. He asked if there was any way the Board of Commissioners could look into this.

8. Jim Hannen - Mr. Hannen thanked the Commissioners for the job they do. He requested a text amendment to the O & I zoning to permit a nursery within that zoning district by right as opposed to conditional use.

There was some Board discussion regarding the Board of Election meeting this evening and whether it was a legal meeting.

Jennifer Jackson came forward and stated that she did speak with the Elections Director on the holding of a closed meeting pursuant to NCGS 143-318.11. It was an authorized closed session. She was under the impression that they were actually going to make the announcement in open session. She believes that is what occurred but she was not present at the meeting. Ms. Jackson stated that they certainly can consider qualifications for a position in closed session but they must appoint in open session.

It was the consensus of the Board for staff to look into what the Board=s authority is, if any, in these areas concerning hiring policies, etc.

Commissioner Moyer spoke to Mr. Hannen=s request, stating that he has always felt that any citizen should be able to ask for a text amendment to the zoning ordinance any time they wanted to do so. If it needs the Board of Commissioners to initiate it and send it to the Planning Board, then he thinks the Board should do that. Mr. Hannen has a right to be heard on his issue.

Informal Public Comments are not part of the videotaped meeting. There was some discussion that since the Board wished to respond to an item from that comment period that the item should be added to the agenda for Board discussion and possible action. The Board of Elections item was another item they felt should be commented on via videotape.

Angela S. Beeker asked to be allowed to make a comment on the Board of Election item - when the Board comes to that she would rather address it as the Interim County Attorney than to put Jennifer Jackson in that position. She will be glad to look into that issue for the Board, in her role as Interim County Attorney.

PUBLIC HEARING - Proposed Zoning of Portion of Hendersonville Airport Property

Commissioner Kumor made the motion for the Board to go into public hearing. All voted in favor and the motion carried.

Karen Smith reminded the Board that the Board of Commissioners scheduled for this date a public hearing on the proposed zoning of a portion of the Hendersonville Airport property. The proposed zoning amendment is the result of a request by David and Julia Cowan to the City of Hendersonville that approximately 1 acre in the northwestern corner of the airport property be removed from the City=s Extraterritorial Jurisdiction (ETJ).

The Hendersonville Airport property contains approximately 32 acres, 31 of which are in a County 1-2 General Industrial district. The remaining 1 acre, in the northwestern corner, is in the ETJ of the City of Hendersonville and is zoned R-15 by the City.

In cooperation with the City of Hendersonville, County Planning Staff and the Planning Board have proposed an amendment to the County Zoning Map as a companion action to a proposed amendment to the City=s ETJ Boundary Ordinance. The proposed amendment would place the subject property under County 1-2 zoning if the City approves the request to remove the property from its ETJ.

In accordance with Section 200-76 of the Henderson County Zoning Ordinance and State law, a notice of the public hearing was published in the August 28, 1999 edition of the Times-News. A second notice was scheduled for publication in the Times-News on September 5, 1999. The Planning Department mailed notices of the hearing to the subject property owners as well as the owners of adjacent and nearby properties on August 26, 1999. On August 27, 1999, the Planning Department posted a sign advertising the hearing on the subject property.

Karen Smith noted that all during this process county staff had been under the impression that the acreage on the corner portion was about one acre. They received something from the City of Hendersonville today that suggested that portion may actually be as large as 3.6 acres. They take the property all the way to Bat Fork Creek. She stated that our zoning map may not have their ETJ mapped correctly.

At the request of the City of Hendersonville, the county planning staff and the county planning board have proposed an amendment to the county zoning map which would place that subject portion of the property under county I-2 zoning if the City approves the ETJ removal request and the county approves the zoning. The Planning Board recommended that the amendment for I-2 be approved by the Board of Commissioners when they met on July 27. The City of Hendersonville intends to hold a public hearing on their ETJ amendment on September 9.

Karen Smith asked if the Board of Commissioners decides to go ahead with zoning this subject portion of the property, that they make the amendment effective on the date that the City of Hendersonville makes its ETJ boundary ordinance amendment effective. The City staff have told her they are looking at a date of September 30.

Public Input

There were none.

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

Chairman Hawkins made the motion that the Board approve the zoning as presented and the effective date be contingent upon the date that the City establishes for their ETJ date to relieve their zoning and we zone it I-2 at that time. All voted in favor and the motion carried.

Recess

Chairman Hawkins called a five minute recess.

PUBLIC HEARING - Broyles Road Rezoning (Application R-01-99)

Chairman Hawkins made the motion for the Board to go into public hearing. All voted in favor and the motion carried.

Karen Smith informed the Board that on June 22, 1999, the Henderson County Planning Board considered a text amendment submitted by Jerry Jerome to allow manufactured homes on individual lots as a permitted use in the R-T (Residential Transient) District. The Board decided that the amendment was not an appropriate action at that time and directed the Planning Staff to examine the option of rezoning the study area from R-T to T-15 or another district that is consistent with the surrounding land uses and permits mobile homes on individually owned lots. At the July 27, 1999 Planning Board meeting, the Planning Staff presented the Broyles Road Rezoning Study and the Planning Board voted unanimously (5-0) to recommend to the Henderson County Board of Commissioners that the study area be rezoned from R-T (Residential Transient) District to T-15 (Medium Density Residential with Manufactured Homes) District. The study area is located off Broyles Road just north of the intersection of Broyles Road and US Highway 64 and is composed of eight properties occupying approximately 16.7 acres of land.

Since the Board of Commissioners set the public hearing date, staff has received comments regarding the rezoning from Douglas A. Warden, a property owner within the study area. Mr. Warden owns Big Oak Mobile Park, which occupies 11.22 acres and comprises 67.2% of the land in the study area.

In accordance with Section 200.76 of the Henderson County Zoning Ordinance and State law, a notice of the public hearing was published in the August 16 and August 23, 1999 editions of the Times-News. On August 16, 1999 the Planning Department mailed notices of the hearing to all property owners within the study area as well as the owners of adjacent or nearby properties. On August 27, 1999, the Planning Department posted two signs advertising the public hearing in the study area.

After receiving the direction from the Planning Board to look at the study area, staff looked at the districts which allow manufactured homes on individual lots, T-15, T-20, and the three rural districts. They also looked at land uses in the study area, the Water Supply Watershed Ordinance requirements and the County Land Use Plan. After looking at all these documents, they determined that T-15 was best suited for the area, mainly because of the lot sizes and the uses that were permitted. T-15 is generally less permissive than RT. RT allows residential uses at a lot size of 10,000 square feet but it also allows some nonresidential uses by right such as motels and restaurants. The Planning Board discussed the staff study at its meeting on July 27 and voted unanimously to recommend that the Board of Commissioners rezone the study area to T-15.

Public Input

1. Vern Thornton - Mr. Thornton is a summer resident in Big Oak Mobile Park, living here 4-5 months out of the year. He asked that Big Oak Park be excluded from changes in zoning.

2. Douglas Warden - Mr. Warden owns Big Oak Mobile Park. His park has been a part of the community for 45 years. He has been there 26 years. He has recreational vehicles, apartments, manufactured homes, etc. He requested that his park be left as is with RT zoning. He does not want T-15 zoning. His business relies on tourism.

Mr. Warden handed up pictures of the park and petitions from Big Oak residents opposing the zoning change.

Commissioner Moyer asked Karen to address the restrictions that Mr. Warden spoke of.

Karen stated that based on what Mr. Warden=s plans are as far as these park models, T-15 would restrict him. The RT district allows RV parks with a conditional use permit. T-15 does not. RT may be the only district that allows RV parks. His park is a mix of manufactured homes and park models.

Following discussion, Commissioner Kumor made the motion for the Board to go out of public hearing. All voted in favor and the motion carried.

Chairman Hawkins stated that there were a couple of issues for the Board to consider:

1. Look at rejecting the total RT zoning package, or

2. Look at zoning that portion of it that is outside the Big Oak Park, which leaves

about 5-6 acres to be zoned RT and leave the Big Oak zoned as it is.

Following more discussion, Commissioner Moyer made the motion that the Board change the zoning from RT to T-15 for the area shown on the map except for Big Oak Park. All voted in favor and the motion carried.

REQUEST FOR APPROVAL FOR PROPOSED LAND EXCHANGE BY THE BOARD OF PUBLIC EDUCATION

The Board of Commissioners had received a request from the Henderson County Board of Public Education (ABoard of Education@) for approval of two land exchanges with regards to the Aamount to be spent@ by the Board of Education in the exchanges, i.e. the value of the land being given by the Board of Education in the exchange in relation to the value of the land being received pursuant to NCGS 115C-426(f). Appraisals for the parcels of property at issue have been previously placed in the Board members= boxes.

Ms. Beeker stated that the Board of Education had also requested that the Board of Commissioners reject the right of first refusal granted to the Board of Commissioners by NCGS 115C-518 for the property being given by the Board of Education in the land exchanges.

Based on the research that she has done, it was Ms. Beeker=s opinion that the statutes do not grant the Board the authority to review pure exchanges. If county money is being used, money that the Board has appropriated, to purchase land then that requirement for the Board=s approval would be triggered. She stated that the Board does have a right of first refusal. It would be appropriate for the Board to take action on their right of first refusal with regards to the property that the Board of Education is proposing to dispose of. One of the exchanges does involve the expenditure of $25,000. She felt the School Board could more appropriately address the source of those funds for the Board.

Ms. Beeker explained that there are three parcels: a 19.7 acre parcel located at Hwy. #176 and Hwy. #25 connector, there is a 3.39 acre piece on Upward Road and there is .56 acres that they would become the owner of through the exchange.

Commissioner Kumor addressed the 19.7 acre parcel, asking if the Board wanted right of first refusal on it. She stated that she felt the Board did not want that piece of property. In years past the Board has tried to use that piece of property to work with economic development issues unsuccessfully. It appears to be a piece of property that would require a lot of site preparation.

Commissioner Moyer asked for a revised request as to what the Board of Education would like the Board of Commissioners to look at, based on the documents in front of the Board. He stated that based on the legal advise they received, they should not be looking at the exchange.

Chairman Hawkins asked the Chairman of the School Board to address this issue with the Board of Commissioners.

Chairman Ervin Bazzle informed the Board that they plan to use state bond monies for the $25,000 right-of-way for the new school site. They do not plan to ask the county for money for that. He asked that the county decline the opportunity to obtain the property, the two or three properties in question.

Chairman Hawkins made the motion that the Board reject the first offer of refusal (granted by NCGS) on the properties. All voted in favor and the motion carried.

Commissioner Moyer asked for a discussion at a later date on the appraisals of these properties and the difference in that and the tax value. Commissioners also asked for a listing of Board of Education owned properties to be presented to this Board. Chairman Bazzle stated that could be done.

CAPITAL PROJECTS FINANCING - New Detention Facility

Carey McLelland explained to the Board that the next step in the financing process for our new detention facility is to approve the creation of a nonprofit organization which would serve as the issuer of certificates of participation on the county=s behalf.

The Board of Commissioners have approved the use of certificates of participation (COPS) as the financing method for construction of the new detention facility. When this type of financing is used, the installment purchase contract will not be between the County and the financial institution. Rather, the other party to the contract with the financial institution will be a nonprofit corporation. Therefore, it becomes necessary for the County to set up such an entity to serve as the installment contract seller and the issuer of COPS on the County=s behalf.

Presented to the Board for review were the draft articles of incorporation prepared by outside counsel, which create the nonprofit corporation that is necessary for the issuance of COPS. The Henderson County Board of Commissioners shall appoint a Board of Directors of the corporation and the existence of this entity shall be perpetual.

Staff requested that the Board of Commissioners consider approving the draft articles of incorporation creating the Henderson County Governmental Financing Corporation including the appointment of the Initial Board of Directors.

Commissioner Moyer moved adoption of the draft articles of incorporation creating the Henderson County Governmental Financing Corporation and appointment of the initial Board of Directors (William L. Moyer, David E. Nicholson, and William M. Blalock). Following some discussion, all voted in favor and the motion carried.

VILLAGE OF FLAT ROCK - SUBDIVISION RESOLUTION

Jennifer Jackson reminded the Board that on August 12, 1999, the Village of Flat Rock, after holding a public hearing, adopted a subdivision ordinance. Related to the adoption of the subdivision ordinance the Village also adopted Resolution No. 45, which formally requested that Henderson County relinquish authority to the Village for those areas contained within the Flat Rock=s municipal boundaries (a copy of which was submitted to the Board). The Board may recall that a similar process was undertaken when Flat Rock adopted its zoning ordinance in August of 1998.

Staff has drafted a resolution similar to the resolution that the Board of Commissioners adopted concerning relinquishment of zoning jurisdiction. That draft resolution was submitted to the Board for review. The statute concerning a change in jurisdiction that is referenced in the draft resolution, NCGS 160A-360, was also submitted.

Jennifer Jackson reviewed the draft Resolution with the Board.

There are currently about three subdivisions that are in some state of development between Henderson County jurisdiction and what will be the Flat Rock jurisdiction.

Jennifer Jackson explained that the projects that are on-going and are at various stages in the permitting process or platting process - the Village of Flat Rock has a legal duty to honor any vested rights that have accrued and therefore if they do determine a vested right has occurred they will be charged with enforcing Henderson County=s Ordinances and therefore the laws or ordinances that govern those instances will continue, if in fact there is a vested right. Their Board would determine the vested right.

Commissioner Moyer stated that AThe Woodlands@ creates a particular problem because its been pending for some time. Ms. Jackson stated that the application was received by the Planning Dept. on July 27, 1998. It first went to the Planning Board August 25. He stated ABased on what we=ve done ... in the case of Fletcher for instance, we had some things that were ongoing then when Fletcher was adopted and we had the resolution and specifically excluded them out and said they would stay with our Planning Board until they were resolved because they were so far along.@

Two others were mentioned but it was not felt that there were any open issues with them.

Much discussion followed.

Jennifer Jackson informed the Board that on May 4 she appeared before the Planning Board concerning The Woodland=s matter and she rendered an opinion to the Planning Board that she thought the most appropriate action for them to take with regard to the zoning/vested right issue was for them to refer this to the Village of Flat Rock and ask for a compliance, some sort of statement as to whether the plan that is before the Henderson County Planning Board does comply with the Flat Rock zoning and if there are any zested rights issues that they needed to address at that time, it would be appropriate for the Village of Flat Rock to address those. The Planning Board has not taken any action on that. The developer came before the Planning Board and asked for another continuance. The matter before the Planning Board has been continued until some time in January 2000. According to 160A-360, the county is entitled to two year=s notice. The Village of Flat Rock took the position back in August of last year that their charter granted to them a much reduced notice period, meaning 30 days upon your receipt of a resolution asking that you give it up. Ms. Jackson explained that there is a little bit of a disagreement there between the Flat Rock Attorneys and her position.

Chairman Hawkins listed the Board=s options:

1. Take action to approve the resolution as it is presented

2. Table action and talk to Flat Rock officials and report back to the Board of Commissioners

3. Approve the draft resolution with AThe Woodlands@ carved out and refer back to the Planning Board

Angela Beeker recommended option #3 above and she agreed with Ms. Jackson=s opinion that Flat Rock has to give the Board a two year notice.

Terry Hicks asked to be allowed to speak at this time and it was granted. Mr. Hicks is a member of the Flat Rock Planning Board. He spoke regarding the Board=s above discussions regarding excluding AThe Woodlands@ application at this time from the jurisdiction of Flat Rock. He suggested that the Commissioners try to discuss this with the Mayor tomorrow or Thursday. The Village of Flat Rock Council will meet Thursday night.

It was the consensus of the Board to table this issue until the 15^th meeting and in the meantime Chairman Hawkins will contact the Mayor of Flat Rock and report back to the Board.

CLOSED SESSION

Commissioner Kumor 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 accordance with and pursuant to NCGS 143-318.10(e) and Article II of Chapter 11 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 the following lawsuit:

Henry Hunt, by and through his Guardian ad litem and Guardian of his

Estate, Elisabeth Wood v. Henderson County and Henderson County

Department of Social Services; Hend. Co. File No. 99-CVS-829

3.(a)(5) To establish, or to instruct the public body=s staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating the amount of compensation and other material terms of an employment contract or proposed employment contract.

All voted in favor and the motion carried.

Commissioner Moyer made the motion for the Board to go out of closed session. All voted in favor and the motion carried.

SAFETY-NET ZONING AND APPROVAL OF COUNTYWIDE LAND USE REGULATION GUIDE

Jennifer Jackson reminded the Board that at their August 18, 1999 meeting the Board requested that the safety-net zoning issue be placed on its agenda for this meeting.

Staff had worked with Commissioner Moyer on revisions to the safety-net zoning draft based on Board consensus at its July 26, 1999 worksession and on other comments received.

A bound copy of the draft was distributed to the Commissioners along with their agenda notebooks.

Also distributed was an Updated Side Issues List. The Updated Side Issues List should indicate the Board consensus from its July 26, 1999 worksession and the changes that have been made to reflect such consensus. Other comments and related action were also noted. The Board may wish to discuss other issues and give Staff direction with regard to such matters.

The Board had previously received the proposed Countywide Land Use Regulation Guide but no formal action on the Guide had been taken by the Board. The Board may wish to formally adopt such a Guide as a starting point for continued discussion regarding safety-net zoning.

Ms. Jackson reviewed the items on the Updated Side Issues List with the Board:

1. Hog Farms - The consensus of the Board on July 26 regarding regulating hog farms was that since there was a state moratorium currently in effect for large hog farms, that we would not address those in the safety net draft.

2. Heavy Residential - It was the consensus of the Board not to regulate heavy residential in the safety net draft.

3. Government Facilities - It was the consensus of the Board that yes, if it was a regulated use to also regulate it in the safety net draft just like any other private use. Staff had added a stipulation - Aas allowed by law@.

4. Heavy Industries - The Board decided that they did not want to regulate that at all in the safety net draft. The definition of Aindustrial use@ was left in to cleanup other provisions of the ordinance because that term is used throughout the zoning ordinance.

5. Conflict of Interest - In cases where the county might be involved in a project either directly or indirectly - was the Board willing to delegate its responsibility for reviewing certain items to the Zoning Board of Adjustment for review. The Board did want that included in the draft. The revisions are under both the powers of the Zoning Board of Adjustment and in the powers of the Board of Commissioners.

6. Buildable Area - The Board did not want to consider that in the draft.

7. Mining of liquid or gaseous resources - whether to regulate like mining of solid materials.

There was no Board direction on this. The definition that we currently have for mining and extraction does not encompass the mining of liquid or gaseous resources. If the Board decides that it wishes to regulate those then the definition would need to be revised.

8. Adult Establishments - There was no Board direction on this on July 26. Commissioner Moyer asked staff to take that out and deal with it in a separate overlay district. The definition was left in to exclude from the definition of retail business and retail service.

Chairman Hawkins commented that he would like to see this in the safety net draft as a regulated use in the Open Use District. There was some discussion pro and con.

Staff proposed to leave in the definition of AAdult Establishment@ and exclude them from the definition of retail business or retail service so there is no question as to some of these other districts that the Board would like to exclude them from, so they are appropriately excluded from those districts.

Following much discussion, it was the consensus of the Board when finished to send this to the Planning Board for their comments. The Board would then have another session to review the Planning Board comments to them. The Board could ask the Planning Board to come up with an Adult Establishment Overlay District and let them come back with a recommendation that would fit in.

Another option the Board discussed was adding it to completely prohibited uses and then when they get the overlay district it would open it up to clarification. It would stop them for a period of time.

Finally, it was the consensus of the Board to leave the draft as is and specifically ask the Planning Board to review and make a recommendation back to the Board.

9. Heavy Commercial - The Board did not want to regulate. The definitions of Aretail business@ and Aretail service@ were left in to cleanup other provisions of the ordinance.

10. Heavy Commercial primarily operating outside or unenclosed - The Board had directed staff not to regulate in the draft.

11. Protected Mountain Ridges - The Board had not given any direction here. This is still open for discussion.

12. Junkyards - Again, no Board direction had been given to staff. Commissioner Moyer had asked staff that the threshold for vehicle and manufactured mobile home graveyards be increased to 5; definitions have been revised.

There was some discussion of the definitions of graveyards and junkyards. Ms. Beeker explained that a junkyard is a commercial activity and a graveyard is just sitting out there. A graveyard can be an incidental use to a junkyard. If it=s a business it=s a junkyard and if it=s just taking up space it=s a graveyard. Ms. Beeker explained that the Board might want to consider - currently we do have a junkyard ordinance and a permit is issued by staff. We do have standards regarding screening, buffering, and setbacks.

This is one item we get a lot of complaints about.

There was much discussion. The Board wanted to ask the Planning Board to refine the definition here.

13. Application Process - No Board direction. Staff left this as it was presented in the original draft.

Ms. Beeker explained that the only reason this was put on this issue list was because for Motor Sports Facilities currently the application has to be delivered to the Clerk, as the Board set it. This would change that for everything including Motor Sports Facilities, it would go to the Planning Department as other special uses do. She just wanted to make the Board aware that this would change.

14. Variances - are they allowed at all and if so who would grant? - No Board direction. Ms. Beeker=s suggestion was to build this in so that a variance from the minimum could be granted in a hardship case. If it=s not a special use then it is already provided for by the Zoning Ordinance that it would go to the Zoning Board of Adjustment.

15. List of Other Commercial/Industrial Activity (currently regulated in the Zoning Ordinance).

Staff presented a fairly long list. Ms. Jackson told the Board that these are uses that staff ran across as having been regulated in some fashion in the Zoning Ordinance and other provisions. The Board had said that they would submit lists of specific uses that they might want to regulate as opposed to heavy commercial in a general fashion or heavy industry in a general fashion. Commissioner Moyer had indicated that there were no specific uses that had been identified by the Commissioners for regulation and therefore there were no uses that staff has added.

Ms. Jackson stated that if there are any specific uses that the Board would like to see regulated in the Open Use District, staff needs to know what those are so some standards can be discussed.

There were some discussions regarding big amusement parks. They are allowed in an RM-2 district with a special use permit. They are also permitted by right in an I-2.

It was the consensus of the Board to ask the Planning Board to take a look at amusement parks.

There was discussion of numerous things but nothing was added to the list at this time.

16. Treatment of Aregulated uses@ in traditional zoning district

This was meant for information. Ms. Jackson informed the Board that as a cleanup to the draft there were some revisions regarding Motor Sports Facilities that did not get inserted into the original draft. Staff has gone back in and made the appropriate revisions such that they are allowed in C-4, I-1, I-2, and RM-2 as special uses subject to site standards listed in the Open Use District.

17. Disposal Sites for Hazardous or Radioactive Materials

No Board direction. Commissioner Moyer had asked that these disposal sites be prohibited in all districts. Staff will include definitions.

18. Countywide Land Use Regulation Guide

Ms. Jackson asked to be able to come back to this one after going through the list.

19. Definition of AUnique Natural Areas@

Ms. Jackson stated that this term is used in your General Site Standards as one of the issues that can be looked at in that regard. Our definition as originally presented was tied to the Gaddy Inventory and was the same definition used for the Subdivision Regulations.

Commissioner Hawkins had questioned whether it was appropriate referencing the Gaddy Inventory and suggested that staff include the list of the sites that are listed in the Inventory. Staff has revised the definition to make reference to the eligibility criteria of the NC Natural Heritage Program. She encouraged the Board to consider using the eligibility criteria for that as the basis for the definition of unique natural areas because it isn=t as limiting as the Gaddy Inventory. Since this definition is in the General Site Standards, it would be up to a citizen to come before the Board and prove that the site that is proposed for development contains a unique natural area; therefore, the burden of proof would not be on the developer to demonstrate that he was not in a unique natural area.

The term unique natural areas is contained in the General Site Standards which are made generally applicable throughout the ordinance, not just in the Open Use District.

There was a good bit of discussion here.

20. Definitions - Some definitions have been deleted as being no longer necessary. Many definitions have been moved to section 200-7 as they are applicable for the entire Ordinance, many from the Open Use Zoning District area.

Staff needs to add a definition for incinerators. She asked if the Board wanted to regulate incinerators as an accessory use. The Board directed that as staff reviews this to look at some threshold for volume or size.

21. Other Issues - The Board may have other issues that they would like to deal with.

There is a temporary use provision in the zoning ordinance as it now stands and it would govern in the Open use District, i.e. isolated racing events.

Commissioner Moyer made the motion that the Board send this draft to the Planning Board with the list of issues that the Board has identified tonight and asked them to explore and come back to the Board within 60 days with any proposed changes and/or recommendations.

Discussion followed.

A vote was taken on the motion which passed unanimously.

Land Use Regulation Guide - Jennifer Jackson asked the Board if they wished to adopt the draft guide. Following some discussion, Commissioner Kumor made the motion that the Board adopt the Land Use Regulation Guide. All voted in favor and the motion carried.

BENT CREEK PROPERTIES - add on

Chairman Hawkins informed the Board that the County has received from the City of Asheville a deed for the Bent Creek property, in accordance with the water agreement that the county has had with the City of Asheville for four years or so.

Some questions have been raised about some information on the deed. Commissioner Moyer asked if the deed was in accordance with the terms of the agreement, specifically with respect to whether fee simple title was conveyed as it should have been and the term of years in which the Board has to either convey or build. He thinks those issues need clarification. He suggested authorizing the Chairman to send a letter back to Asheville indicating the Board=s concerns with respect to the deed. The consensus of the Board was in agreement. It was suggested that the other Boards be given an information copy of the correspondence.

EROSION CONTROL GRANT - add on

Commissioner Kumor had previously given the Board a memo regarding an article in the newspaper that indicated that Western North Carolina Tomorrow had received some grant money from D. Smith Reynolds to help communities develop programs on sedimentation and erosion control. This grant would allow Western Carolina Tomorrow to work and build local partnerships to address sedimentation and to work with developers and develop partnerships to hold workshops and develop materials and help raise awareness of sedimentation. We have no regulation on sedimentation at this point, other than what the State mandates, there is a lot of interest in our community.

Commissioner Kumor sits on the Western North Carolina Tomorrow Board and Commissioner Moyer is on the Environmental Committee. She thought this information could be shared with those committees to see if they are interested in pursuing this as a way to raise public awareness.

Commissioner Moyer stated that under the charter of the Environmental Advisory Board, they could review it and see if they would like to formulate any recommendation back to this Board of Commissioners.

Chairman Hawkins suggested seeing if the Mud Creek Watershed Council might be interested in developing something. One of their things is to develop and distribute educational materials including a watershed fact sheet.

It was the consensus of the Board to send the information to both Boards.

Chairman Hawkins suggested also sending it to the Water Quality Protection Program. They are looking for additional funds.

YOUTH ISSUES - add on

Commissioner Moyer brought up the issue of the middle school nurse and the juvenile crime prevention, stating that we have all these issues floating around with respect to youth, but no one prioritizing what the greatest need is. He wondered what entity or Board might be the right one to try to pull together these issues.

Three Boards were mentioned:

Juvenile Crime Prevention Council

Community Child Protection Team

Child Fatality Prevention Team

Commissioner Kumor sits on the Juvenile Crime Prevention Council and she suggested that there are a lot of pieces of this puzzle. There are a lot of places that deal with children=s issues and have responsibilities for children=s services.

Commissioner Kumor stated that there is a lot of data out there based on the Governor=s Crime Commission Grant that was given to a program called Communities That Care. David and Renee will take this issue to the Juvenile Crime Prevention Council for some review and consideration.

Two items the Board asked to be brought back up:

Both these issues were instigated by AInformal Public Comment@ which is not videotaped as part of this meeting.

1. Board of Elections - meeting today and employment selection criteria.

A question was raised concerning the employment selection criteria and methods that the Board of Elections used today as well as the relevancy of the closed session they held today.

The Board had directed the Interim County Attorney to look to see how the Board of Elections recruited for the Director=s position, particularly with the discussions from today and to respond back to the Board regarding the other item.

2. Text Amendment for the Zoning Ordinance concerning putting nurseries in O & I.

There were also some comments from an individual requesting a change to some zoning.

It was the consensus of the Board to initiate that text change and ask the Planning Board to have that done.

Action following Closed Session

Commissioner Kumor made the motion for the Board to adopt the closed session minutes from March 17 and April 5. All voted in favor and the motion carried.

IMPORTANT DATES

Set Public Hearing - Rural Operating Assistance Program

Apple Country Transportation has provided transportation services for Henderson County for several

years. They have operated under three programs in the past - Elderly and Disabled Transportation Assistance Program, Work First Transitional/Employment Transportation Assistance Program, and the Rural General Public Program.

For Fiscal Year 1999-2000, these three programs have been consolidated into one program at the state level - Rural Operating Program. This program will better coordinate both the funds and requirements for their programs. However, one new requirement is that the Board of Commissioners is required to hold a public hearing prior to applying for these funds on September 30, 1999. In order to meet publication requirements of the grant, the Board would need to schedule this public hearing on either September 27 or 28, 1999.

Commissioner Kumor informed the Board that the Clean Water Trust Fund will be meeting in Buncombe County on September 26 and 27. After 3:00 p.m. on Sept. 27 is the time for public comment. She thought the Board might want to send a representative to that meeting to make public comments.

Following discussion, Tues, September 28 at 5:00 p.m. was chosen for the public hearing on the Rural Operating Assistance Program.

Possible Dates for Annual Volunteer Appreciation Banquet

The Clerk had checked the The Chariot regarding possible dates in October for the annual banquet. She then polled the Board asking for their consideration regarding available dates. Hearing back from only three of the five Commissioners, the Clerk put this item before the Board at this time for a date to be chosen for the banquet.

There was some discussion of several October dates for the annual banquet. Monday, October 25 was chosen as the date to try to book with The Chariot for that banquet.

ADJOURN

There being no further business to come before the Board, Chairman Hawkins adjourned the meeting at 10:15 p.m.

ATTEST:

Elizabeth W. Corn, Clerk

Grady Hawkins, Chairman