MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON NOVEMBER 6, 2000

The Henderson County Board of Commissioners met for a regularly scheduled meeting at 5:30 p.m. in the Commissioners= Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.

Those present were: Chairman Grady Hawkins, Vice-Chair Bill Moyer, Commissioner Renee Kumor, Commissioner Don Ward, Commissioner Marilyn Gordon, County Manager David E. Nicholson, 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, Assistant County Attorney Jennifer O. Jackson, Planning Director Karen C. Smith, County Engineer Gary Tweed, and Fire Marshal/Emergency Management Coordinator Rocky Hyder.

Office Assistant/Volunteer Coordinator Amy Brantley was present through the Nominations.

CALL TO ORDER/WELCOME

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

PLEDGE OF ALLEGIANCE

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

INVOCATION

Rev. Paul E. Black of First Baptist Church of Saluda, gave the invocation.

DISCUSSION/ADJUSTMENT OF AGENDA

Angela Beeker requested that one item be added to the Closed Session agenda, (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.

David Nicholson requested that one item be added under Pending Issues, Transportation Resolution.

Clerk to the Board requested that one item be added to the printed agenda. The information was already in the agenda packet. AL@ - Deputy Tax Collector=s Report.

RECOGNITION

Chairman Hawkins stated that the Consent Agenda contains numerous county staff recognitions and Commissioner Kumor will summarize those:

1. Chris Coulson, Henderson County Public Information Officer (PIO). The NC Association of Government Information Officers has awarded first place in the category AImages@ for the entry called AMillennium Logo@ and an honorable mention in the category ASpecial Publications@ for her entry - AHenderson Highlights - Year in Review. A public information officer is important to the Board in getting information to the community. Congratulations on the AExcellence in Communication Award@.

1. Robert Baird, Henderson County Assessor. Mr. Baird received the Presidential Citation for the 1999-2000 Chair of the Mapping and GIS Section for outstanding service to his organization, the International Association of Assessing Officers.

2. This award was submitted to the Board from Detective Captain Jimmy Edney for some of his staff members. The International Narcotic Enforcement Officers Association selected nine members of our Drug Enforcement Section to receive the Association=s ASpecial Award of Honor@. Those recipients are: Detective Lt. Erik Summey, Detective Lt. Charles McDonald, Detective Sergeant Steve Carter, Detective Corporal Jeff Patterson, Detective Chris Denny, K-9 Officer David Bonomo, K-9 Officer Josh Howard, Intelligence Analyst Larry Nesmith, and Intelligence Analyst (VIP) James P. Salkeld.

3. Department of Youth Programs - received an award from the Mayor=s Committee on the Disabled because of their employment of two staff members who have cerebral palsy, one is in a wheelchair.

CONSENT AGENDA

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

Minutes

Draft minutes were presented to the Board for their review and approval of the October 2, 2000 regular meeting.

Approval of By-Laws for the Juvenile Crime Prevention Council

The By-Laws for the Henderson County Juvenile Crime Prevention Council have been approved by the Council and were recommended for approval by the Board of Commissioners.

Henderson County Financial Report - September 2000

The Henderson County Financial Report was presented for the Board=s review and approval.

During the month of August, the County received a significant amount ($5.74 million) of State reimbursements included in the September revenue totals that were actually recorded as accounts receivable at June 30^th. These revenues will be adjusted from the current fiscal year=s totals after the final FY 2000 adjusting entries have been completed and the audit report is issued for the previous fiscal year.

Henderson County Public Schools Financial Report - September 2000

The Henderson County Public School Financial Report was presented for the Board=s review and approval.

Engagement Letter for Special Counsel

The Legal Department had submitted for the Board=s review and approval an engagement letter from the law firm of McGuire Woods to secure representation on issues associated with the First Amended and Restated Regional Water Supply and Water Service Agreement dated November 11, 1995.

Pawnbroker=s License Renewal - Etowah Pawnbrokers, Inc.

Bruce Gosnell, who operates Etowah Pawnbroker, Inc. has filed an application to continue operating a pawnshop at the Etowah Shopping Center in Henderson County.

Mr. Gosnell first applied for a Pawnbroker=s License in 1990 and has renewed his application/petition every year since. The most current license expired on September 30, 2000. A complete renewal application has been submitted for the Board=s review. The only item that Mr. Gosnell submitted that was not presented for the Board=s review was his financial statement of capital assets. If the Board wishes to review this financial statement, it would be appropriate for the Board to go into closed session pursuant to NCGS 143-318.11 (a)(1) and consider the same.

The Assistant County Attorney has reviewed the application/petition and the attachments and believes that everything is in order. Staff recommended that the Board consider renewing the Pawnbroker=s License for a term of October 1, 2000 through September 30, 2001.

Governor=s Highway Safety Program

The Henderson County Sheriff=s Department had received a grant to purchase additional mobile data terminals. The total amount of the grant is $25,000 and will require a $25,000 match, which will be taken from already budgeted funds. This is the second year that we have received this grant.

In order for the Sheriff=s Department to receive the grant, the Board of Commissioners must approve a prepared resolution.

LOS - State Technical Assistance Grant

Annually, the Board of Commissioners is requested to approve a resolution, which authorizes Land-of-Sky Regional Council to receive $55,000 in State Technical Assistance Funds. In order to receive these funds, each unit of government in this Region must approve a resolution requesting the release of these funds. A prepared resolution was presented for the Board=s consideration.

Tax Collector=s Report

Terry F. Lyda, Tax Collector, provided the Tax Collector=s Report for the Board=s information, dated through October 31, 2000.

Edneyville Fire Department Lease Purchase

Edneyville Volunteer Fire & Rescue, Inc., plans to purchase a 2000 Pierce, 1250 gpm, Pumper, 1000 gallon tank. The total amount of the lease purchase is $78,000.00. The lending institution, Wachovia Bank, requests the Clerk of the Henderson County Board of Commissioners sign a prepared certificate.

Deputy Tax Collector=s Report

Darlene B. Burgess, Deputy Tax Collector, presented the Deputy Tax Collector=s Report for the Board=s information, dated through October 31, 2000.

VICE-CHAIRMAN=S STATEMENT

Commissioner Moyer reminded everyone that this is the final month of the United Way Campaign, which serves a lot of needs in our community. County Government would have to provide funding for many of those items if the United Way did not do so. He encouraged the entire community to participate so that the United Way agencies can continue the fine work they are doing.

NOMINATIONS

Notification of Vacancies

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

4. Hendersonville Zoning Board of Adjustment - 1 vac.

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

6. Apple Country Greenway Commission - 1 vac.

Nominations

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

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

Commissioner Kumor nominated Joanne Grimm to fill position # 10. There were no other nominations. Commissioner Kumor made the motion to suspend the rules and appoint Ms. Grimm. All voted in favor and the motion carried.

2. Mountain Area Workforce Development Board - 2 vac.

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

3. Child Fatality Prevention Team - 1 vac.

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

4. 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.

5. Downtown Hendersonville, Inc. - 1 vac.

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

6. Juvenile Crime Prevention Council - 2 vac.

Commissioner Kumor nominated Margo Nagel for position #24. There were no other nominations. Commissioner Kumor made the motion to suspend the rules and appoint Ms. Nagel to that public position. All voted in favor and the motion carried. One vacancy remains.

7. Fire and Rescue Advisory Committee - 7 vac.

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

8. Henderson County Planning Board - 2 vac.

At the last meeting three persons were nominated to fill these two vacancies: Valerie Wellborn, Dean Bonessi, and Leon Allison. There were no additional nominations at this time. The Clerk was instructed to poll the board. The two appointees were Valerie Wellborn with five votes and Leon Allison with four.

Commissioner Moyer asked to go back to the Notification of Vacancies - Apple Country Greenway Commission. He asked to suspend the rules and nominate Erica Thompson. Chairman Hawkins had a nominee he wished to contact prior to the next meeting.

COUNTY SERVICES BUILDING

At the Board of Commissioners= workshop on October 30, 2000, the Board requested that the architects look at housing the departments of Social Services and Public Health in the Carolina Apparel Building (CAT building).

David Nicholson stated that staff had worked with the architects to come up with what square footage would be needed to look at housing these two departments in the CAT building. Taking the square footage, the common spaces, and other items that were outlined in the Harley Ellis feasibility study into consideration, they had two options.

Option A

The existing CAT building with 62,600 square feet and an expansion of 11,500 square feet would be needed to house the two departments as outlined in the feasibility study. Using the same per square footage construction costs, this would cost $7,114.00. This would be a one floor building. There was some discussion that if the 100 foot power line easement were reduced to 68 foot, we could add an additional 6,000 square feet of shelled-in space to the building, at an additional cost. The renovation cost was $90 per square foot and the new construction cost was $117 per square foot.

Add the costs for testing, site improvements, A & E costs, site acquisition, furniture and fixtures, and you have an estimated final cost without the 6,000 sq. ft. addition of $13,992,000.

Option B

Pre-engineered building - this option is still being pursued by staff.

There was very much discussion with the Commissioners not pleased with the final cost. When the Commissioners first started talking about this project, it was estimated to cost about half as much as the current estimated cost.

It was the consensus of the Board that the missing piece of the puzzle here was square footage with justification; therefore, the Board does not know how big a building is needed. Commissioner Ward felt that $117 per sq. ft. was high since we=re building schools at $87 per sq. ft. with an A & E fee of around 7%. The Board also felt that the growth numbers might be a little high. The County Manager is not over either of these two department heads, only the Board of Commissioners and their representative Boards.

Following much discussion, the County Manager was authorized to go back to these two departments/Boards with the help of the Commissioners and work on some actual square footage numbers and also to research what our loss would be to walk away from this project. Mr. Nicholson also felt that a full plan was needed for all County Facilities. The Board=s intent was to try to get these two departments into the existing footprint of the building. The County Manager committed to try to bring that information back to the Board by the mid-December meeting.

City of Hendersonville Zoning Process

Angela Beeker briefed the Board on the City Zoning Process, which we must follow for this building since it is in the city limits. The Board has had some discussions about some of the back properties that are zoned residential. The request had been made to the developer to proceed with C-3 zoning. At that time we believed that C-3 zoning would work. With the new text amendment that the City passed in September for the PID, the now proper request would be to rezone it to PID along with everything else, including the property the Carolina Apparel Building sits on. She questioned whether the Board needed to relieve the developer from making the C-3 request of the City of Hendersonville because it is pointless for the back properties now and change that to a request to consent with a sign-off on the application to rezone to the PID, if the county chooses to go along with PID. The City is hesitant to proceed with the C-3 application because they realize it is potentially part of a bigger plan that would require a PID zoning. The City=s preference would be to wait before they would process that C-3 application. Since the developer put that application in at the County=s request, they have asked to be relieved of the responsibility for trying to get it rezoned C-3.

Commissioner Moyer asked what the agreement provides that the developer=s responsibilities are? Ms. Beeker answered that it is to provide a zoning that will allow it to be used for offices. The way the ordinance is written now, C-3 will not allow it to be used for office, it has to go with the PID because of the size of the facility. It was the consensus of the Board that the developer still has the obligation to deliver a zoning that would allow this to be used for office, but not necessarily C-3, whatever zoning would allow it to be used for offices. Her opinion was that the developer could apply for the PID but the City would not process that application until the County puts in an application for the larger parcel to also be rezoned PID and they won=t process that until you also have your plan ready to go because it is a special use zoning. All the developer can do is apply for the PID for the back lots at this time. It is not possible to get that without your plan.

Commissioner Gordon explained that the process would be changed some because after the County submits their application, it will all become one parcel fronting on the Spartanburg Highway. If applications are submitted for the individual lots then the City will look at small lots fronting on the Old Spartanburg Highway and it has to be looked at differently than if it were part of the whole parcel.

It was the consensus of the Board to allow the developer to pull the C-3 application but not to relieve them of their responsibility to present a zoning that would allow the project.

INFORMAL PUBLIC COMMENTS

There were none.

REQUEST FOR DEPUTY TAX COLLECTOR BUDGET AMENDMENT

Darlene Burgess, Terry Lyda, and Robert Baird came forward for this presentation. Mrs. Burgess updated the Board on the status of the Delinquent Tax Collection Project.

The delinquent tax collections process has reached a point where the collection efforts must be split into several separate avenues in order to maintain positive results. They have identified one group of tax bills that need immediate collection enforcement; another group of bills (approximately 10,000 amounting to over $750,000 in delinquent tax owed, including interest) are owed by taxpayers they are unable to locate without the use of a credit reporting agency; and there is a third group of bills that still have unresolved issues needing further research because the taxpayer is disputing the tax bill.

The Board was requested to amend the Deputy Tax Collector=s Budget to provide funds (1) to engage the services of TransUnion, LLC to obtain current addresses for taxpayers and for temporary employee wages to assist with the necessary paperwork involved to notify the taxpayers of the unpaid tax; and (2) to provide funds necessary to employ a temporary employee to assist both the Deputy Tax Collector and County Assessor with the task of researching disputed tax assessments and preparing proper documentation for releases of the bills (if appropriate) or preparing written notification to the taxpayer when the bill is deemed valid.

Robert Baird stated that there could be some residual funds in his budget that could be made available for this.

Terry Lyda explained that they were looking at a one-time situation. They have gotten now about as far as they can get without some help on the undeliverable mail. They expect this to be about a six month project. Terry Lyda committed to bringing back a report to the Board to let them know how this is helping. This will also serve to clean up a lot of our records.

Commissioner Kumor made the motion to approve the Deputy Tax Collector=s request and amend her budget to provide these two services for $7,520 and $10,920, also to direct the County Manger to take those monies from contingencies unless they can be found in the current budget. All voted in favor and the motion carried.

PUBLIC HEARING - Zoning Amendment Application #Z-01-00

Proposed R-15 for Portion of Property Owned by Mr. Leon Allison

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

The Board of Commissioners had scheduled for this date a public hearing on a proposed amendment to the Official Zoning Map of Henderson County. The amendment would apply County R-15 (Medium Density Residential) zoning to a small portion of a parcel on Old Spartanburg Road owned by Mr. Leon Allison.

Karen Smith explained that the proposed zoning map amendment is related to one approved by the Board of Commissioners on September 5, 2000, which rezoned a 300-foot strip of Mr. Allison=s property on Old Spartanburg Road from R-15 to C-4. On September 7, 2000, the Hendersonville City Council approved a request by Mr. Allison to have a small portion of his property on Old Spartanburg Road removed from the City=s Extraterritorial Jurisdiction (ETJ).

The rezoning previously approved by the County included part, but not all, of the Allison property that was released from the City=s ETJ because a piece of the property was more than 300 feet from Old Spartanburg Road. When the City relinquished the ETJ, County C-4 zoning took effect on part of the former ETJ land; however, the other part did not have a County district assigned to it. Under State law, the County has 60 days from the date of the relinquishment of the ETJ to apply zoning to the property before it would become Aunzoned@.

Planning Staff had explained the issue to Mr. Allison and asked if he would object to the County initiating a zoning amendment to apply County R-15 zoning to the small piece of his property that was released from ETJ but which was not simultaneously zoned by the County. Mr. Allison submitted a letter indicating that he would support action to that effect by the County. Therefore, on September 26, 2000, Planning Staff asked the Planning Board to initiate such a zoning map amendment. The Planning Board agreed to initiate the amendment and voted to send the Board of Commissioners a favorable recommendation on applying County R-15 zoning to the subject piece of Mr. Allison=s property.

In accordance with Section 200-76 of the Henderson County Zoning Ordinance and State law, notices of the public hearing were published in the October 18, 2000 and October 25, 2000 editions of the Times-News. The Planning Department sent notices of the hearing via first class mail to the applicant and to the owners of property adjacent to the subject property on October 14, 2000. On October 27, 2000, Planning Staff posted signs advertising the hearing on the subject property.

Public Input

There was none.

Commissioner Ward made the motion for the Board to go out of public hearing. All voted in favor and the motion carried.

Chairman Hawkins made the motion to approve the applicant=s request for rezoning. All voted in favor and the motion carried.

PUBLIC HEARING - To Consider Request for Economic Development Incentives

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

David Nicholson explained that this public hearing was being held to consider the request of Jitco, Inc. for economic development incentives based upon the construction of a new facility. They have indicated that if assistance with site preparation were available, they would be interested in developing a new manufacturing facility in Henderson County. The total capital investment associated with this facility would be $2.8 million. The proposed location for the new facility was Brickton Industrial Park, located near Fletcher. The new facility would result in the creation of 8 new jobs, paying $11 with full benefits and retention of 23 full-time positions.

Pursuant to the Board=s Guidelines for Economic Development Incentives, Jitco, Inc. should qualify for annual incentives in the total amount of $25,000.00. The Board has previously indicated that it would be willing to consider reimbursement to Jitco, Inc. for a partial reimbursement of the costs over three years associated with site preparations in the form of two Incentives Payments of $11,292.00 and a final payment of $2,416.00.

The public hearing was properly noticed in the Times-News on October 25, 2000 as required by NCGS 158-7.1.

Angela Beeker informed the Board of some minor modifications to the agreement. The Board agreed to those changes as they were discussed.

Public Input

1. Jeff Pigg - Mr. Pigg, Controller for Jitco, Inc., gave the Board an overview of what Jitco intends to do with the property, if purchased. They intend to build a 60,000 square foot facility in which they will expand their current operations, which is a cut-to-size particle board operation. They do plan to add two new products to their line which is machining. They hope that these two new products in addition to what they currently do will allow them to continue their rapid rate of growth which has been nearly 30% over the last 2-3 years.

2. Scott Hamilton - Mr. Hamilton stated that the Committee of 100 supports this request by Jitco. Jitco is a family owned entity in Henderson County. He felt it was encouraging that this is an existing industry looking to expand it=s operations in our county and being able to take advantage of the incentive guidelines adopted by the Board of Commissioners. He felt this was a good economic development opportunity for Henderson County.

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

Chairman Hawkins made the motion to approve this request as presented and revised at this meeting by the County Attorney. All voted in favor and the motion carried.

CLOSED SESSION

Commissioner Kumor made the motion that the Board go into Closed Session as allowed 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 the following claim:

Hunt v. Henderson County

(File No. 99-CVS-829)

2.(a)(3) To consult with an attorney employed or retained by a public body in order to preserve the attorney/client privilege between the attorney and the public body, which privilege is hereby acknowledged.

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.

UPDATE ON PENDING ISSUES

Transportation Resolution

Commissioner Moyer explained that there is a group of citizens working from Buncombe, Haywood, Henderson, Madison, and Transylvania counties, working on public transportation and public transportation between the counties and the cities in that five county region. This group has come up with a Resolution they would like considered by the Boards of all of the counties named above and by the major cities and towns in the area in the five counties. The resolution calls for expanded public transportation, particularly between the cities and the towns but also in the area. There has been a lot of talk but there is no funding available from the state for this type of rural public transportation systems. They want to go on record with this resolution indicating from the counties that they are in favor of the state coming up with funds to support intercity and also public transportation.

Commissioner Moyer suggested some minor changes to the resolution as follows ANow therefore the Board of Commissioners of Henderson County does hereby request and urge the North Carolina Department of Transportation to provide financial assistance to initiate and operate public transportation routes and public transportation routes between main cities and counties in this five county region.@

Discussion followed. Chairman Hawkins stated that he would like a rework of the resolution. Commissioner Moyer explained that there is a Transportation Advisory Meeting on Thursday and the Board could forward the resolution to them as a transportation matter. It was the consensus of the Board to forward the resolution to the Transportation Advisory Committee (TAC) meeting scheduled for this Thursday.

LGCCA - Draft T.I.P.

Chairman Hawkins reminded the Board that he and Commissioner Moyer took the Transportation Advisory Committee=s recommendation to the LGCCA. The list of five recommendations was then sent out to the four municipalities. TAC is still awaiting responses from the municipalities.

The Henderson County Board of Commissioners met on October 30, 2000 to review the recommendation of the County=s Transportation Advisory Committee on the Draft Transportation Improvement Program that had been distributed by the NC DOT for comment, and to consider the public input on the recommendations. The Board of Commissioners modified the TAC recommendations and submitted both the TAC recommendations and the Board recommended lists at its meeting on October 31, 2000, suggested changes and asked that the revised listing be sent to each municipality for consideration by their governing Board or Council.

The Board approved list of T.I.P. projects, as revised to reflect the LGCCA=s suggested changes, was as follows:

1. Widen and straighten Upward Road (SR #1783) to a four lane boulevard facility with a center area of grass and trees from Upward Elementary School to US # 176; fix the South Allen Road (SR #1756) intersection; construct greenways and/or bikeways, walkways along entire length of road. Recommend a design forum for this project.

2. Widen US #64 to a three lane facility from Buncombe Street to Daniel Drive. If this project can be expedited by doing it in two phases, the first phase should be Buncombe Street to Blythe Street and the second phase from Blythe to Daniel Drive. Construct bikeways/walkways where feasible.

3. NC #191 should remain a T.I.P. project, and the possible widening and other steps to improve safety on Stoney Mountain Road should be considered as part of that project; however, the extent of the project and the final scoping of the project should be done after the County=s and the City=s thoroughfare plans have been completed and approved. Recommend a design forum for this project.

4. Add turning lanes on US #25 South from White Street to the intersection of Erkwood and Shepherd Streets; straighten the Erkwood, Shepherd Streets intersection with US #25 South; square up the intersection of Rutledge Drive and US #25 South at the Jackson Funeral Home; construct greenways, bikeways, bikelane, walkways. Recommend a design forum for this project.

5. Widen the NC #225/US #25 & I-26 Connector.

Commissioner Moyer stated that the City of Hendersonville and the Town of Laurel Park have shown support for the list. It was the consensus of the Board to support the list. Commissioner Moyer will take it to the Transportation Advisory Committee meeting on Thursday, after they discuss it and hopefully show support, along with the other municipalities, then he=ll take it to the NC DOT hearing on November 15 and present it as a strong recommendation from the community.

The Board emphasized that there will be opportunities for public input throughout the process as well as the opportunity for a design forum on most of these recommendations.

IMPORTANT DATES

The Board reviewed the Commissioners= calendar.

Set Public Hearing on Law Enforcement Grant

The Board was asked by the Henderson County Sheriff=s Department to set a public hearing. The Sheriff=s Department has received a 2000 Local Law Enforcement Grant in the amount of $15,803. The local match will be funded through existing budgeted funds in the Sheriff=s Department budget.

In order to receive these funds, a public hearing must be held. The suggested date was November 15.

Chairman Hawkins made the motion to set the public hearing for November 15, 2000 at ll:00 a.m. All voted in favor and the motion carried.

Request to set a public hearing - Road Petition Package

Pursuant to NCGS 153A-239.1 and other local legislation, the Henderson County Board of Commissioners were requested to hold a public hearing to name the Henderson County portion of Short Street Extension. The City of Hendersonville had named the Hendersonville section of Short Street Extension, Signal Hill Road. Staff requested a public hearing be set for December 4. The official road name ballots will be submitted at the public hearing.

Chairman Hawkins made the motion to set the public hearing for Monday, December 4, 2000 at 7:00 p.m. All voted in favor and the motion carried.

CANE CREEK WATER & SEWER DISTRICT

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

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

ANNOUNCEMENTS

Commissioner Gordon explained that the Land Use Study process for Mills River/Fletcher area is going on. There are meetings scheduled next Wednesday, November 8, at 10:30 a.m. at the Mountain Horticulture Crop Station; Thursday, November 9 at 7:00 p.m. at Glenn Marlow Elementary School; and on Tuesday, November 14 at 2:00 p.m. at the Fletcher Seventh Day Adventist Church so that the citizens and property owners of that area can have input into the Land Use Study process that the Planning Board is doing. She felt that this Board would be getting a report from that study shortly.

Chairman Hawkins explained that there is an up-coming ASmart Growth@ meeting that Mayor Niehoff has scheduled for November 13 at 7:00 p.m. at the activity center at Tom=s Park. There will be discussion of the basic principals of ASmart Growth@ and direction in which our Commission appears to be headed. He explained that Mayor Niehoff is on a Commission appointed by the State Legislature to look into some parameters of ASmart Growth@, some legislation from other states, etc.

Commissioner Moyer stated that he has asked the Planning Board to start to study the issue of ASmart Growth@ and to analyze from the County=s standpoint the impact on the county, the impact on our approach to planning, because if this goes forward and it seems to be getting a head of steam, there will be a recommendation out in January. Henderson County could start to feel the effects of this and we need to be players not just be dealt what is left.

There being no further business, the Chairman adjourned the meeting at approx. 8:50 p.m.

Attest:

Elizabeth W. Corn, Clerk to the Board

Grady Hawkins, Chairman