MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON JANUARY 19, 2000

The Henderson County Board of Commissioners met for a regularly scheduled meeting at 3:00 p.m. in the Commissioners= Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.

Those present were: Chairman Grady Hawkins, Vice-Chair Bill Moyer, Commissioner 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: Finance Director J. Carey McLelland, Public Information Officer Chris S. Coulson, Planning Director Karen C. Smith,

Absent were: Commissioner Renee Kumor and Staff Attorney Jennifer O. Jackson.

CALL TO ORDER/WELCOME

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

PLEDGE OF ALLEGIANCE

Commissioner led the Pledge of Allegiance to the American Flag.

INVOCATION

David Nicholson gave the invocation.

DISCUSSION/ADJUSTMENT OF AGENDA

CONSENT AGENDA

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

Minutes

Minutes were presented for the Board=s review and approval for the following meetings:

November 29, 1999, special called meeting

December 15, 1999, regularly scheduled meeting

December 22, 1999, special called meeting

Capital Improvements Project Reports

Quarterly Reports were submitted for the Board=s information on the following Capital Improvement Projects:

New Henderson County Detention Center

Naples Interchange Sewer Project

Jackson Park Restroom Repairs, Picnic Shelter #1 & Field #4

Jackson Park New Restroom Construction

Jackson Park Ballfield Lights Repairs

Tuxedo Community Park

East Flat Rock Restroom Construction

Road Petitions

Road Petitions for addition to the State Maintenance System had been received for the following:

1. Tanglewood Drive

2. Foxhall Road

3. Quail Ridge Road

4. High Street

It has been the practice of this Board to accept road petitions and forward them to NC Department of Transportation 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.

Lee King from the property addressing department has reviewed the petitions and stated that he saw no reason why we could not proceed. There would be no road name duplications.

Tax Collector=s Report

Terry F. Lyda, County Tax Collector, had submitted the Tax Collector=s Report as of January 12, 2000. Percentage of Collection through January 12, 2000 was 87.54%.

Referral of Amendment to Special Use Permit #SP-99-01-A1

for Charlestown Place Planned Unit Development (Application#SP-99-01-A1)

Joe Crowell Construction, Inc., had submitted an application to amend Special Use Permit #SP-99-01 for Charlestown Place, a Planned Unit Development (PUD) which was approved by the Board of Commissioners on August 9, 1999. As originally approved, the plan for Charlestown Place showed a PUD on 12.01 acres consisting of a maximum of 26 buildings with 2 townhomes each (52 dwelling units total) within communally owned open space. The Special Use Permit allows the applicant the flexibility to place the buildings according tot he buyer=s needs, provided that a minimum separation of 20 feet is maintained between buildings.

Through the current application, #SP-99-01-A1, the appplicant requested to have the flexibility to offer a variety of single-family and multi-family buildings within the PUD, instead of strictly duplexes, provided that the total number of dwelling units does not exceed 52. According to the applicant, dwellings in multi-unit buildings would be connected in order to be considered one Abuilding@ under the Zoning Ordinance. For multi-unit buildings, the applicant intends to maintain the 20-foot minimum separation, however for single-family dwellings, the applicant had requested that the minimum building separation be 10 feet. No changes to the road layout or buffer strip were proposed.

The new applicant constitutes an amendment to the existing Special Use Permit. Section 200-56 of the Henderson County Zoning Ordinance requires that the Board of Commissioners refer Special Use Permit applications to the Planning Board for review and recommendations prior to a public hearing.

Staff suggested that it would be appropriate for the Board of Commissioners to refer this item to the Planning Board for review and recommendation.

NOMINATIONS

Notification of Vacancies

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

1. Henderson County Agriculture Advisory Committee - 2 vac.

2. Henderson County Board of Equalization and Review - 6 vac.

3. Henderson County Industrial & Pollution Control Authority - 2 vac.

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

5. Recreation Advisory Board - 3 vac.

Nominations

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

1. Hendersonville City Zoning Board of Adjustment - 1 vac.

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

3. Transportation Advisory Committee - 15 vac.

4. Henderson County Fire Commission - 3 vac.

5. Land-of-Sky Regional Council - 1 vac.

PRESENTATION ON CAROLINA APPAREL BUILDING

Staff gave a presentation on the feasibility of the relocation of the Department of Social Services, Public Health Department, and the County=s Departments who are located in the Land Development Building to the Carolina Apparel Building. This included information on departmental space needs, parking, improvements to the building and the financial implications of the lease of this facility.

FIELD SPONSOR PACKAGE

A Field Sponsorship package was discussed which would allow sponsors to advertise by way of signs in county parks. An application/agreement had been drafted and was reviewed.

This proposed sponsorship package would allow Henderson County Parks and Recreation to generate new revenue. The revenue raised would help pay for capital improvements in the county parks. Any funds spent would require the approval from the Recreation Advisory Board as well as the Board of Commissioners. These funds would accrue if not used in the fiscal budget year. Revenue generated from the proposed field sponsorship package could also be used at the county=s share in matching grants for the Parks and Recreation department.

PROPOSED BMX- Bicycle Dirt Track for Jackson Park

Staff discussed a proposal concerning the operation of a dirt track for BMX bicycle racing in Jackson Park in the area formerly known as Field 8. Staff had been working with the National Bicycle League, a non-profit corporation, to develop this form of alternative recreation (BMX bicycle racing), primarily for the children and youth of our community. Pursuant to this proposal, Henderson County would lease the former field 8 directly to the National Bicycle League, who would then construct and operate a BMX bicycle dirt track at their cost. The National Bicycle League would conduct workshops, practices, and racing events, all being available to the children and youth of Henderson County. A nominal fee would be charged to cover track expenses and insurance expenses. However, in order to participate the children and youth would have to become members of the NBL in order for their insurance coverage to be effective. An investment in excess of $20,000 will be made by the NBL and volunteers to build the BMX track and related facilities.

The North Carolina General Statutes authorize Henderson County to lease property upon such terms and conditions as may be desired if the Board determines that the property will not be needed by the city for the term of the lease. The lease must be approved by resolution adopted at a regular board meeting upon 10 days= public notice. Notice must be given by publication and must describe the property to be leased, the annual rental or lease payments, and must state the Board=s intention to authorize the lease at its next regular meeting.

Staff recommended that if the Board were desirous of proceeding with the proposal to lease former Field 8 to the National Bicycle League for the construction and operation of a BMX bicycle dirt track, the Board would need to authorize the publication of a drafted notice. Staff will then bring back a resolution to the Board for consideration at the next regular meeting.

JACKSON PARK LIGHTS

The lighting fixtures were removed from the poles on all but two of the softball fields in Jackson Park last year due to potentially unsafe conditions associated with the age and deterioration of the lighting fixtures. Minor electrical repairs were made to Field #1 and more substantial repairs were made to Field #4.

Staff had been working with the local General Electric plant to formulate a plan to provide new lighting for five of the softball fields in Jackson Park, fields 1, 2, 3, 6 and 7. General Electric has submitted a proposal to install the lights for these fields on a turnkey basis, providing all engineering and project management at no cost to Henderson County. Additionally, General Electric has agreed to sell all of the fixtures, including lights and poles, at their cost. The project will provide new conduit to house new underground lectricl cabling from the power supply to the poles. All poles will be mounted in concrete bases (necessary due to soil conditions). General Electric will aim all lights to provide the desired level of illumination on the fields (to be provided at no cost to Henderson County). The total cost quoted by General Electric for the project is $183,000.00. This figure consists of their equipment costs and the labor costs of the contractor proposed, M.B. Haynes. All project management and engineering is being provided at no cost to the County.

In order to take advantage of General Electric=s generous proposal, however, it is necessary that the lighting system be purchased by an independent third party and leased back to the County. If not, the County would have to hire an electrical engineer to develop specifications, put the project out to formal bid, and provide project management. Staff received leasing proposals from two financing comparies, G.E. Capital and Centural Bank. A summary of those proposals was reviewed. Centura Bank submitted the lowest proposal.

Staff recommended that if the Board were desirous of moving ahead with the Jackson Park lighting project, (1) the Board accept Centura=s leasing proposal for the Jackson Park Lighting Project in accordance with General Electric=s lighting proposal; (2) the County Manager be authorized to execute a lease agreement consistent with the terms of Centura=s proposal for an eight year lease term, having a monthly payment amount of $2,674.35, and (3) that staff be authorized to proceed with the final document preparation for the Chairman=s signature.

SANITARY SEWER SERVICE CONNECTIONS

WASTEWATER TREATMENT FACILITY

WNC JUSTICE ACADEMY

Staff had received requests to make connection to the County=s wastewater treatment facility serving the WNC Justice Academy. At the start of the system, the Board made the decision not to allow connections beyond the Academy. Two property owners had inquired at that time, Mr. Jeff Donaldson (30 unit apartment comple) and Mr. Jerry Smith (Mobile Home Park). Recently a third project has inquired about service, Mr. and Mrs. Peter Thom (Commercial Candy Manufacturer). Anticipated flows from these three projects are as follows:

Project Estimated Flow Actual Flow

Apartments 4,560 GPD 3,300 GPD

Mobile Home Park 3,200 GPD Unknown

Candy Manufacturing 750 GPD Unknown

Total 8,510 GPD

The existing wastewater treatment facility was designed and permitted for 30,000 GPD. The County holds in reserve 20,000 GPD for the Academy and the Academy pays a flat rate of $5,500 per month for 20,000 GPD. This is approximately $9.17 per 1,000 gallons flow. Should the Board decide to allow the above properties to connect to the system, it would be recommended that rates for service be on the same flat rate basis ($9.17/1,000 gallons) which would result in the following charges to these properties:

Project Flat Rate @ $9.17/1,000 Gal.

Apartments $1,254/month ($41.82/month/unit)

Mobile Home Park $ 880/month ($55.00/month/unit)

Candy Manufacturer $ 206/month

Allowing these three properties to connect to the system will use up the available surplus capacity of the system unless the Academy does not realize its full 20,000 GPD anticipated wastewater flow. At this time the Academy staff has expressed no desire to take over operation of the system. Allowing outside connections to the system will make it more difficult to transfer operation of the system to the State in the future. The County staff requested direction from the Board of Commissioners regarding whether to allow connections to the system.

UPDATE ON PENDING ISSUES

LGCCA

Property Readdressing

INFORMAL PUBLIC COMMENTS

PUBLIC HEARING - Draft Financing Documents Proposed to Finance Construction of the

New Fletcher Elementary School

Just before 11:00 a.m. the Chairman stated that a purpose of the meeting was to hold a public hearing and take action on a resolution concerning the installment financing by the County for a new Fletcher Elementary School to be located in Henderson County, North Carolina.

The Chairman asked for a motion to open the public hearing. Commissioner Moved that the public hearing be opened. The motion was seconded by Commissioner and was unanimously adopted by the following vote:

AYES: Chairman Grady Hawkins

Vice-Chairman Bill Moyer

Commissioner Don Ward

Commissioner Marilyn Gordon

NAYS: None

The public hearing was opened so that anyone who wished to be heard on the proposed project and the installment financing documents could be heard. The Finance Director presented an affidavit of an officer of the Times News showing publication on January 9, 2000 of a Notice of Public Hearing. The Chairman directed that the affidavit of publication be attached as Exhibit A.

The Chairman inquired whether there were any persons who wished to speak at the public hearing. The following persons spoke:

The Finance Director then introduced the following resolution:

RESOLUTION APPROVING TERMS

OF THE HENDERSON COUNTY FINANCING

FOR A MAXIMUM AMOUNT OF $6,750,000

WITH BB&T GOVERNMENTAL FINANCE (ABB&TGF@)

RESOLUTION - ask for it on disk

EMPLOYEE AWARD LUNCHEON @ BONCLARKEN

IMPORTANT DATES

PLANNING BOARD RECOMMENDATION ON AMENDMENTS TO THE ZONING ORDINANCE RELATED TO THE PROPOSED OPEN USE DISTRICT (Safety Net Zoning)

The Henderson County Planning Board has completed its review of the amendments to the Zoning Ordinance related to the proposed Open Use District (Safety Net Zoning). On January 5, 2000, the Planning Board voted 4 to 2 to send the Commissioners a favorable recommendation on the draft text entitled AChapter 200 - Summary with Safety Net Draft Included.@ In addition, the Planning Board recommended that the Commissioners consider amending the AJurisdiction@ sections of the County=s Manufactured Home Park Ordinance and the Communications Tower Ordinance to indicate that these ordinances will apply in the proposed Open Use District. The Board of Commissioners would also need to consider repealing the Ordinance Regulating the Operation or Maintenance of Automobile Graveyards and Junkyards in Henderson County if the Open Use District is ultimately adopted.

Staff presented a letter from the Chairman of the Henderson County Planning Board which briefly explained the Planning Board=s recommendation and outlined some of the significant changes the Planning Board proposed for the draft test. Staff suggested a work session be set to discuss the draft text in detail.

2000 HOME FUND APPLICATIONS

David Nicholson informed the Board that we have received three requests for Henderson County=s HOME Funds allocation from the Asheville Regional Housing Consortium. In December, the Board approved the concept of a Homebuyers Assistance Program. Since then, we have received two additional proposals. They are from Habitat for Humanity and Home Aid.

The deadline for filing an application with the Consortium is January 31, 2000. The following information was provided to the Board of Commissioners for consideration at this meeting:

1. Henderson County=s planning allocation of HOME funds is $145,491 for 2000.

2. Resolution formally filing the application requesting $25,000 for the Homebuyer=s

Assistance Program.

3. Application from Habitat for Humanity requesting $70,000 for their Grove Hills

Development.

4. Letter from Home Aid requesting $116,030 for a new development on Brannon Road.

The total of these applications amounts to $211,030, which exceeds our planning allocation by $65,539.

UPDATE FROM THE ENVIRONMENTAL ADVISORY COMMITTEE

Pursuant to the Environmental Advisory Committee=s (EAC) Charter, AThe Committee will give periodic reports on its activities six months initially, then annually to the Board of Commissioners@. Since the committee has been meeting for six months, Chairman Ken Weitzen, was available to update the Board on the EAC=s activities to date.

CANE CREEK WATER & SEWER DISTRICT

Commissioner made the motion for the Board to adjourn as Henderson County Board of Commissioners and convene as the Cane Creek Water & Sewer District Board. All voted in favor and the motion carried.

Commissioner made the motion to adjourn as the Cane Creek Water & Sewer District Board and reconvene as the Henderson County Board of Commissioners. All voted in favor and the motion carried.

MUD CREEK WATER & SEWER DISTRICT

Commissioner made the motion for the Board to adjourn as Henderson County Board of Commissioners and convene as the Mud Creek Water & Sewer District Board. All voted in favor and the motion carried.

Commissioner made the motion to adjourn as the Mud Creek Water & Sewer District Board and reconvene as the Henderson County Board of Commissioners. All voted in favor and the motion carried.

CLOSED SESSION

Commissioner made the motion for the Board to go into Closed Session as allowed pursuant to NCGS 143-318.11 for the following reasions:

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 tot he attorney with respect to the following claim:

County of Henderson v. City of Hendersonville

(File NO. 92-CVS-1186)

All voted in favor and the motion carried.

There was no action following Closed Session. There being no further business to come before the Board, the meeting was adjourned at approx.

ATTEST:

Elizabeth W. Corn, Clerk Grady Hawkins, Chairman