MINUTES
STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY OF HENDERSON MARCH 21, 2001
The Henderson County Board of Commissioners met for a regularly
scheduled meeting at 9:00 a.m. in the Commissioners= Conference Room of the Henderson County
Office Building at 100 North King Street, Hendersonville, North Carolina.
Those present were: Chairman
Bill Moyer, Vice-Chair Marilyn Gordon, Commissioner Grady Hawkins, Commissioner
Don Ward, Commissioner Charlie Messer, County Manager David E. Nicholson,
County Attorney Angela Beeker, and Clerk to the Board Elizabeth W. Corn.
Also present were: Assistant County Attorney Jennifer O. Jackson,
Public Information Officer Chris S. Coulson,
Planning Director Karen C. Smith, Fire Marshal/Emergency Management
Coordinator Rocky Hyder, Finance Director J. Carey McLelland, Enviromental
Planner Nippy Page, Zoning Administrator Brian Gulden and County Engineer Gary
Tweed. Amy Brantley, Volunteer
Coordinator, was present through the Nominations.
CALL TO ORDER/WELCOME
Chairman Moyer called the meeting to order and welcomed those in attendance.
PLEDGE OF ALLEGIANCE
Commissioner Hawkins led the Pledge of Allegiance to the American Flag.
INVOCATION
Chaplain Gus Martschink, from the Chaplaincy Program at Pardee
Hospital, gave the invocation.
WEATHER
Chairman Moyer stated that he knew it wasn=t easy for everyone to get to the meeting
today due to the weather, stating that at least one Commissioner was still without
power.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer asked that the following adjustments be made to the
agenda:
C
Under
Discussion Items, Staff Reports C and Discussion Item D were the same. He requested that Discussion Item D be
stricken from the agenda and to add in its place Budget Procedures and
Timetable.
C
After Staff
Report A, the Pardee Financial Report would be moved to the next item.
Chairman Moyer made a motion to approve the
agenda as adjusted. All voted in favor
and the motion carried.
CONSENT AGENDA
Commissioner Gordon requested that the
minutes of March 7th meeting be pulled until the next meeting so
that she can get a revision in. She
also noted that at the last meeting there was considerable discussion by the
Board on the waterline extension and she thought it would be appropriate to
make a public comment that that issue had been resolved. Chairman Moyer requested the March 7th
minutes be pulled. He also noted that
Commissioner Hawkins had raised a question about the waterline extension. Chairman Moyer asked County Manager David E.
Nicholson to comment on that issue.
Mr. Nicholson commented that at the last
Commissioners= meeting it was noted that there was lack of
information provided to the County about the fire protection for this phase of
the Kenmure project. Part of that was
the fact a water tank had not been installed.
Staff contacted the City of Hendersonville and they notified the County that
the tank had been installed and was in working order and they were going to
install standard fire hydrant protection in the area. Staff had seen those plans and were comfortable with them and
staff recommended that the Commissioners approve that waterline extension.
Chairman Moyer made a motion that with the
pulling of the March 7th minutes for further revision, the Consent Agenda be approved. 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 of the following
meetings:
March
23, 2000, regular meeting
Certified Industrial Site Letter
The Chamber of Commerce/Committee of 100 had
sought the County=s
support in the application of the Fletcher Facility for Certified Industrial
Site status through Advantage West=s program and had submitted a proposed letter for the Board=s consideration.
Tax Collector=s Report
Terry F. Lyda, Tax Collector, had provided
the Tax Collector=s
Report dated March 13, 2001, for the Board=s information.
Tax Releases
A list of (166) release requests was
submitted from the Assessor=s office for the Board=s approval.
Tax Refunds
A list of (2) refund requests was received
from the County Assessor=s office. It was submitted for
approval by the Board of Commissioners.
Waterline Extension
The Board of Commissioners had discussed at
the March 12, 2001 meeting a waterline extension by the City of Hendersonville
for Kenmure, Phase V, Portion 4. County
Manager David E. Nicholson advised the Commissioners that a water tank had been
added and fire hydrants would be added to serve that area. Staff has seen those plans and are
comfortable with them and recommended the Board approve that.
Regency Development Associates,
Inc.-Application for Special Use Permit
The Commissioners had been given for review a
draft Order pertaining to the quasi-judicial public hearing held by the Board
of Commissioners on March 12, 2001 regarding the application for a special use
permit allowing a residential apartment development in a C-2P District.
Staff advised the Board that it would be
appropriate to approve the Order as presented.
The Board was reminded it had 45 days from the date of the hearing which
was March 12, 2001 in which to issue its decision in writing.
NOMINATIONS
Notification of Vacancies
The Board was notified of the following
vacancies which will appear as ANominations@ on
the next agenda:
1.
Blue Ridge
Community College Board of Trustees - 2 vac.
2.
Library Board
of Trustees - 2 vac.
3.
Environmental
Advisory Committee - 9 vac.
4.
Social Services
Board - 1 vac.
5.
Cane Creek
Water and Sewer District - 3 vac.
Nominations
Chairman Moyer reminded the Board of the
following vacancies and opened the floor to nominations:
1.
Nursing/Adult
Care Home Community Advisory Committee - 2 vac.
Nominated
on 2/21/01, eligible for appointment April 18, 2001 were:
For
position #4-Calvin Adams
For
position #7-Joy Davenport.
No
action was taken due to the eligibility period on April 18.
2.
Mountain Area
Workforce Development Board - 1 vac.
A
letter had been sent to the Chamber of Commerce requesting their assistance in
filling this vacancy. No response had
been received. There were no
nominations at this time so this item was rolled to the next meeting.
3.
Land-of-Sky
Regional Council Advisory Council on Aging - 1 vac.
One
vacancy had arisen due to a change in bylaws which were on file. There were no nominations at this time so
this item was rolled to the next meeting.
4.
Equalization
and Review - 1 vac.
This
vacancy was due to an expiring term.
There were no nominations at this time so this item was rolled to the
next meeting.
5.
Retired Senior
Volunteer Program Advisory Council - 1 vac.
This
vacancy was created by a resignation.
There were no nominations at this time so this item was rolled to the
next meeting.
6.
Henderson
County Planning Board - 4 vac.
Chairman
Moyer reminded the Commissioners that at the last meeting (3/12/01) a number of
nominations were made. The Clerk to the
Board distributed a list of those nominations which were: Jack Beattie, Dean
Bonessi, Walter Carpenter, Chuck McGrady, Todd Thompson, and Sherri
Johnson. Chairman Moyer asked if there
were additional nominations.
Commissioner Charlie Messer nominated Roger Wolff and stated Mr. Wolff
had an application on file for the Planning Board. Commissioner Gordon nominated Selig Alexander Seiden who uses the
name of Al. Mr. Seiden had an
application on file for the Transportation Advisory Committee. Ms. Gordon had spoken with Mr. Seiden and he
would also be willing to serve on the Planning Board.
Chairman
Moyer noted there were eight candidates but only four vacancies so a vote would
be necessary. The Clerk to the Board
polled the Board for its vote.
Commissioner Ward voted for Todd Thompson, Jack Beattie, Sherry Johnson,
and Walter Carpenter. Commissioner
Messer voted for Todd Thompson, Walter Carpenter, Roger Wolff, and Al
Seiden. Chairman Moyer voted for Walter
Carpenter, Chuck McGrady, Roger Wolff, and Al Seiden. Commissioner Hawkins voted for Todd Thompson, Jack Beattie,
Sherry Johnson, and Walter Carpenter.
Commissioner Gordon voted for Todd Thompson, Dean Bonessi, Roger Wolff,
and Al Seiden. The Clerk tallied the
votes and advised the Board of the results as follows: Todd Thompson received
four votes; Walter Carpenter received four votes; Roger Wolff received three
votes; and Al Seiden received three votes.
Those four individuals, having received the majority of the votes, were
the appointees to the Planning Board.
7.
Solid Waste
Advisory Committee - 2 vac.
Chairman
Moyer noted that since the last Commissioners= meeting, the Board had heard from Rocky Holbert. Ms. Brantley further commented that the
Board had received letters from Rocky Holbert and David L. Martin, Jr. Mr. Holbert was interested in serving on the
SWAC but Mr. Martin was not interested in serving on the SWAC.
Commissioner
Hawkins nominated Mr. Holbert. There
were no further nominations. Chairman
Hawkins made a motion to accept Mr. Holbert by acclaimation. All voted in favor and the motion
carried. Mr. Holbert was appointed to
the SWAC. The remaining vacancy was
rolled to the next meeting.
8.
Juvenile Crime
Prevention Council - 3 vac.
These
vacancies were created due to resignations.
Chairman Moyer asked the Board if there were any nominations. County Manager David Nicholson commented that
one of those positions is usually assigned by the Chief of Court Counselor and
prior to that we had someone from that office and now Mr. Elliott has taken
over what was Mr. Lanning=s position over there and that would be a recommendation and it is one
of the positions that are set by General Statues. Staff recommended the Board consider Mr. Elliott for that
position. Chairman Moyer made that
motion. There was no further discussion
nor further nominations. All voted in
favor and the motion carried. The
remaining two vacancies were rolled to the next meeting.
9.
Metropolitan
Sewerage District=s
Planning Committee - 1 vac.
Chairman
Moyer reminded the Board of the Aex-officio@
position on this Committee. Previously,
Chairman Moyer had nominated Commissioner Gordon. Commissioner Hawkins nominated Commissioner Messer. Commissioner Hawkins further commented AI looked back through the letter and I didn=t see whether there was any requirement for
that to be a Commissioner. So I don=t know if we had advertised for anybody else
that might be interested in it or not.
I know there=s a
lot of people involved in the development in that part of town but I did go
back and look at the letter and saw it was not a requirement for it to be a
Commissioner necessarily but I didn=t know if we=d
really advertised it.@ Commissioner Gordon commented: AAs I understand it, it=s a non-voting position. It=s entirely an opportunity to be present at the meetings and to
participate in those discussions but it=s not an official appointment.@ Chair Moyer commented: AWell, in either case it would be a Commissioner, either Charlie or
Marilyn, but I think our thinking was it would be good to show the importance
we were placing on that and obviously our intent was to try to get a future
board seat on the full board so having a Commissioner I thought would put us in
the best position.@ Commissioner Messer commented: AI really wouldn=t mind doing it but Marilyn=s been on this Board working with some of these same people, and she=s done an excellent job out there and I think we need to support her.@
Vice-Chair Gordon further commented: AI appreciate Charlie=s comments. I know Charlie
could certainly handle it but there is a background that I think will be
helpful in going in since we=re already in the middle of the Mills River discussion.@
Commissioner Hawkins asked of Commissioner Messer AAre you not able to serve on that, Charlie,
is that what you=re saying?@ Commissioner Messer replied, AWell, like I say I could but I=d really rather not.@
Commissioner Hawkins, AWell, I=ll withdraw your name if you=re not able to serve on it.@
Commissioner Ward made a motion to suspend the rules and appoint
Commissioner Gordon to that position.
All voted in favor and the motion carried.
PARDEE HOSPITAL - Financial Report
Bill Dunn, President of the Hospital Board,
reminded the Board of Commissioners that the agreement which established the
Henderson County Hospital Corporation, requires that they present to the Board
of Commissioners a financial report each year. They have received their audit, done by Price Waterhouse. Copies had been forwarded to the
Commissioners in advance. Mr. Dunn thanked the Commissioners for the support
they continue to show to the Hospital Corp. Board. He explained that their fiscal year is October 1 through
September 30 and this report is for the year ending September 30, 2000. Pardee Hospital had a number of big things
going on in the past year, some of which they had been working on for
awhile. One of those big things was
their Capital Improvement Plan which is in excess of a $20 million capital
improvement plan. Another big thing was
their unplanned search for a new CEO (Chief Executive Officer) of the hospital. They spent the second half of the year in a
search process. The Board and the
Search Committee were pleased in getting Bob Goodwin as the new CEO. He was
chosen from a pool of 200 candidates where 40-50 were considered
seriously. Another big thing this past
year was their fund raising campaign for the expansion of the Emergency Room
(ER). Currently in excess of $3 million has been raised for that project. The community has shown tremendous support
for the hospital and its building projects.
The number of persons served at Pardee continues to grow as well as
growth from a revenue standpoint.
Mr. Dunn introduced the new CEO, Bob
Goodwin. Mr. Goodwin recognized others
in the audience from the hospital; Chief Finance Officer John Hester, Senior
Executive for Human Resources and Support Services Tom Bullard, Chief Nurse
Executive Winona Gibson, and Assistant Administrator for Outreach Services
Sandy Smith. Mr. Dunn explained that
Sandy Smith was also the Interim Chief Executive Officer prior to his arrival
at Pardee. Mr. Goodwin explained that
he has been in the Hospital Administration business all of his adult life and
has been a CEO of hospitals since he was 28 years old.
Mr. Goodwin reviewed briefly the Financial
Report with the Board of Commissioners, answering questions from the Board. He
stated that many hospitals talk about the idea of going outside the four walls
and providing care out in the community.
Pardee Hospital has actually done so and is an exception to the rule. Mr. Goodwin stated that 90% of a person=s health care expenses occur in the last six
weeks of a person=s
life. Mr. Goodwin stated that due to
competitive factors and other things most hospitals are suffering from
declining market share, lower admissions, shorter lengths of stay, lower
reimbursements, less business all around.
Pardee Hospital is experiencing the opposite.
Commissioner Hawkins stated as a direct
compliment to Pardee staff that their net operating margin compares extremely
favorably nationally.
John Hester answered a couple of financial
questions.
Carey McLelland explained that Pardee
Hospital is in good shape with sound financial standing. He also pointed out
that the hospital provides charity care and these services and charges are
about $1.2 million in the previous fiscal year which doesn=t show up in revenues.
RECOGNITION
Chairman Moyer recognized the fact that our
County Attorney, Angela Skerrett Beeker, had returned from maternity
leave. Ms. Beeker thanked Jennifer
Jackson for graciously filling in in her absence so capably. She stated that she treasured every minute
she was home with her new little son but was glad to be back at work.
PRESENTATION OF THE MILLS RIVER/FLETCHER LAND
USE STUDY
Ted Pearce, Chairman of the Planning Board,
made a powerpoint presentation to the Board and distributed copies of the
presentation. Walter Carpenter had
planned to make the presentation but had not arrived in time (due to weather).
The purpose of the Study was to examine the
north central area of the county and make recommendations about how growth should
occur.
The Study contains a statement of community
issues, an information base of existing and emerging conditions and,
recommendations.
The north central portion of Henderson County
studied is 11,680 acres and is home to 3,370 residents.
At the onset of the study, important ongoing
events had perpetuated the study area=s susceptibility to growth including: expansion of the Cane Creek Water
and Sewer District, the development of the Regional Water Authority Treatment
Plant, the possible widening/changing of NC Hwy.# 191, the widening of US Hwy.
# 25, and the proposed Asheville Regional Airport expansion.
Growth in the area led to expansion of the
Cane Creek Water & Sewer District.
A proposal from the School Board prompted a plan for a new line. A map of the proposed sewer line was
shown. Mr. Pearce stated that the
project may be completed by the year 2002.
The project will be constructed in these
phases: the interceptor, two collector lines to Mills River Elementary School,
future collector lines to the businesses of Mills River.
The following persons helped conduct the
Study:
Planning Department Subcommittee Members
Karen Smith, Planning Director Walt
Carpenter, Chair
Nippy Page, Planner III Fred Dickie, Fletcher Planning Board
Josh Freeman, Planner I Valerie Welbourn
Jack
Lynch
Rebecca
Nesbitt
Mr. Pearce explained that the goals of the
study were:
1.
Look at the existing conditions, the land use and other aspects of the study
area.
2.
Establish trends which are developing.
3. Ascertain
how residents want to see their community develop in the future.
4.
Make recommendations to manage growth, to assist in the desired outcome.
As of October 2000 there were a total of
1,404 residential structures in the study area, 125 commercial structures, 108
industrial structures, and 34 community facilities for a total of 1,717
structures. He noted that 11% of all
industrial structures in Henderson County are located in the study area.
The study area contains one site which was
listed in the national register of historic places in 1988, the Mills River
United Methodist Church. The church is
the only antebellum church in the county.
The study area is an environmentally
sensitive area which contains a portion of the drinking water supply sources
for Henderson County, the City of Hendersonville, and others served by the city
system, parts of Asheville and Buncombe County.
Major rivers and streams within the study
area include: French Broad River, Mills River, Mud Creek, and Cane Creek. Other significant streams include McDowell
Creek and Boylston Creek. The presence of so much water in the study area
contributes to the large percentage of flood zones. The Lower Mills River
WS-III watershed is located in its entirety in the study area. A section of the critical areas for the
lower Mills River and French Broad water supply/watersheds area also are
located within the study area.
NC Hwy. #191 is on the NC DOT TIP to be
widened as is US Hwy. # 25 North and I-26.
Grants have been awarded to Henderson County for the construction of an
interceptor sewer line serving Broadpointe Industrial Park and other
users. Completion is dependent upon
receipt of funds. Gas is available throughout the study area. Two fire districts serve the study area. EMS and Police protection are provided by
Henderson County. An EMS station
constructed in 1999 is located on Vance Hill Drive, near the intersection of NC
Hwy. # 191 North and NC Hwy. # 280.
Approximately 20% of Henderson County is zoned. The majority of the
study area is unzoned.
The largest concentration of commercial and
retail businesses can be found between the convergence of US Hwy. # 25 North
and I-26, known as the Naples Intersection and the Fletcher Corporate Limits.
This area contains 81 businesses with 1,325 employees. The second largest
concentration is at the NC Hwy. # 191 and NC Hwy. # 280 South
intersection. In the study area there
is a total of 294 businesses who employ 6,817 people (almost double the
population of the study area). Industrial growth rates continue to increase in
the study area but not in the county.
The countywide commercial growth rate has averaged 11% since 1939 but
the commercial growth rate in the study area jumped from 8% in 1979 to 25%
through 1999.
According to Fletcher=s annexation study which was approved in
March 2000, the Town is focusing on commercial and industrial annexation. Fletcher has intentions to connect areas
outside the town=s corporate limits with their greenway
system. The Town is working with NC DOT
for a corridor plan for entry into the Town on US Hwy. # 25 North.
The Asheville Regional Airport Authority is
currently finalizing a 20 year Master Plan.
Current development or redevelopable space will not meet expected
facilities needs which includes a second parallel runway, a larger terminal,
and more parking. It is probable that a
second runway will expand into a portion of Henderson County that borders the
western boundary of the airport.
There were numerous meetings to receive
public input from residents of the community in the study area. Newspaper and radio ads were run as well as
invitations (1,500) and posters placed
throughout the study area. People were
asked to list three negatives and three positives of features in the study
area. They were also asked what they wanted to see preserved or protected in
the study area and if you were to look at the study area 15 years from now what
three things would it include to be your Aideal community@?
Following the public input sessions, staff
compiled the data from participants by grouping verbatim responses into similar
categories. They then developed the
summary of public input with all the responses grouped into general topics. Topics of interest to those participants
were as follows with the first being of most importance and so on:
Environment/Aesthetics
Growth,
Planning, Land Use
Facilities/Infrastructure
Scale,
Sense of Community
Regulations
Agriculture
Economy
Industrial/Commercial
Development
Annexation
Location
Recommendations were then compiled by the
Planning Board as follows from a combination of the sources:
1.
Develop a
single Natural Resource Management Plan for the study area.
C
protect
agriculture
C
protect
drinking water supply sources
C
prevent the
loss of life and property
C
protect and
enhance parks, recreational facilities and open space
2.
Make a water
quality a top priority in the Mills River area.
C
Water Supply
Watershed Protection Ordinance
C
Water quality
protection measures should be incorporated into all County ordinances
3.
Address
Stormwater Management
C
Increase
awareness of the water quality impacts from development
C
minimize the
degradation of water quality
C
prevent flood
hazard impacts
C
ASpecial
attention@ should be given to certain areas
C
A checklist
should be required
4.
Flood Hazard
Prevention overlay district designated would:
C
minimize the
loss of life and the destruction of property
C
minimize the
economic impacts
C
protect water
quality in the area
C
would help to
preserve agricultural and other Open Space
5.
Preserve/Promote
Agriculture
C
bona fide
agricultural uses exempt
C
dominant land
use
C
central to
sense of community
C
provides a
variety of benefits:
C
jobs, open
space, and water quality protection.
6.
Light
Commercial/Dense Residential Growth
C
US 25 corridor
C
191/280 South
C
191/280 North
7.
Industrial/Heavy
Commercial Growth
C
Butler Bridge
Road, north to the Asheville Regional Airport area
C
water and sewer
services should be supplied
8.
Future Land Use
Contiguous to Sewer Lines
C
carefully
studied in terms of future land use
The Study will be available in a number of
places for public review:
Main
Branch of the Henderson County Library
Etowah
Library
Fletcher
Library
Sinclair
Office Supply
Valley
Agriculture
Planning
Department
This Study should be considered as two phases
with phase I being the collection of data and phase II being implementation
which would include developing some or all of the recommendations as directed
by the Board of Commissioners.
Staff would like some feedback from the Board
of Commissioners as far as recommendations are concerned. Staff is currently working on a map. There was discussion that the Board should
have a workshop on this.
INFORMAL PUBLIC COMMENTS
There were none.
QUARTERLY REPORT - Property Addressing
Rocky Hyder came forward and stated that he
had two of his staff in attendance also; Curtis Griffin, Property Addressing
Coordinator and Mary Trowbridge, Property Addressing Technician. They have worked hard on this project.
Mr. Hyder informed the Board that in January
of 2001 one of the main focuses was still the move of the Property
Addressing Office into 101 East Allen Street.
They worked hard in establishing a network. Phone and fax lines were moved from the courthouse to the Allen
Street office. A long range calendar
was established with the contractors at 3Di.
He explained that we now have such a relationship with SCC that his
staff inputs data directly into the SCC database via the Internet to Boulder,
Colorado. This also gives us the
ability to input correction to the ALI database for those instances where
emergency personnel are dispatched to the wrong location.
In February of 2001 they began working
with many of the new subdivisions to resolve addressing of the
subdivisions. They have streamlined
that process extensively. They completed
the addressing of Cummings Cove subdivision.
They implemented a 911 Address application form. With this new application form the
information is entered into the database and then can easily be forwarded to
the Post Offices, Fire Departments, and anyone else who needs this
information. They processed over 240
road petitions, some dating back as far as 1997, to be brought before the Board
of Commissioners for a public hearing at today=s meeting. They also redesigned
the Road Petition form. They are still
working on converting their information over to ArcView.
In March of 2001 the 3Di contractor,
Mike Gibbs, moved into the Land Development building (the week of March 5) and
set up operations. He provided the
property addressing office with converted USI data that will be used with the
ArcView addressing program. He is in
the initial phase of completing Rural Route 2 in Fletcher. This phase includes identifying the part of
the route that was not completed last year and identifying current mailing addresses
of the affected individuals with the Fletcher Post Master. 3Di has identified
some areas that need to be addressed before the project can continue and still
meet the goal of completing the project at the end of the year.
Upcoming Projects
C
Name streets in
the Mountain Home area. Currently most
of the area in Mountain Home that was originally 1st, 2nd,
3rd, etc street do not have street names. The Property Addressing Technician will go onsite and identify
the streets that require names, streets that already have names and verify
house numbering. The office then will
recommend street names to all unnamed streets and hold public hearings on
those. They expect this to take about
one month to complete.
C
Update ArcView,
enter data into the SCC 911 database, and notify all property owners, post
offices, and fire departments of all the road names approved today.
C
Submit Property
Addressing ordinance amendments to the Board of Commissioners for review.
Chairman Moyer called a technical recess, to
change videotapes.
WEATHER UPDATE
Rocky Hyder was asked to give a weather
update. Due to the snow/ice received
yesterday and last night, anywhere from 4" to 15", there were 15,000
residents without power last night and are still approx. 5,500 residents
without power as of this morning. Duke
Power expects an additional 250 linemen here by noon today to help with the
problem. Rocky voiced a big thank you
to all the volunteers who have helped during this trying time, many continuing
to help.
PUBLIC HEARING - Road Names
Commissioner Hawkins made the motion for the
Board to go into public hearing. All
voted in favor and the motion carried.
The Board had scheduled a public hearing for
today on the adoption of certain road names in Henderson County. This public hearing was held in accordance
with the Property Addressing Ordinance and NCGS 153A-239.1.
A list of proposed road names was presented
to the Board for review and approval.
Staff had held an open house at the Property
Addressing Office prior to the public hearing and requested that the following
road names be pulled from the public hearing today. Staff has identified disputes to some particular road names. They wish to properly research the disputes
prior to submitting them for approval.
pulled road names:
Assembly
Drive
Beaver
Drive
Beech
View Drive
Broncos
Drive
Covenant
Lane
Goldenseal
Trail
Hopewell
Lane
Kailey
Russell Lane
Kay
Thomas Drive
Kinross
Drive
Legacy
Lane
Lowmoor
Drive
Maranatha
Street
Mighty
Oak Lane
Mt
Shady Oak Court
Ole
Bob Lane
Rocky
Broad Lane
Sams
Place
Sweet
Hollow Lane
Ty
Russell Lane
Worsham
Farm Road
Public Input
Glenn Worsham, Roy W. Worsham, Louise Harris,
Donna Mills, Brian Mills, and Gary L. Corn each spoke against changing the road
name Bulldog Road to Worsham Farm Road.
Following discussion, Commissioner Gordon
made the motion to approve the list of 221 proposed road names on the
list. All voted in favor and the motion
carried.
Commissioner Hawkins made the motion for the
Board to go out of public hearing. All
voted in favor and the motion carried.
PROPOSED OPEN USE (OU) REGULATION
David Nicholson distributed the Draft Text
and asked the Board to direct that it also be given to the Planning Board. The
draft included the revisions discussed by the Board at its worksession held on
March 7, 2001.
As follow up from the Board=s last meeting, there were several action
steps that the Board needed to consider and take in order to maintain the
Tentative Timeline that the Board adopted in concept on March 12, 2001. Those recommended steps were as follows:
(1) set four additional public
input sessions
(2) set the public hearing on the text amendments and map amendments
for May 1, 2001 at 7:00 p.m.
(3) authorize use of the expanded published
notice procedure
(4) send the proposed draft text
and map amendments to the Planning Board for recommendation
(5) tentatively schedule Board
worksessions for the first two weeks in April
(6) approve the use of the Public
Information Packet (prepared by staff)
(7) itemize any particular
questions that the Board would like citizens to focus on during public input
sessions
Staff will continue to try to schedule the
four worksessions, one in the northern part of the county, one in the southern
part, one in the eastern part and one in the western part. They are tentatively planned to be set for
April 10, 12, 17, and 19, each one at 7:00 p.m. Mr. Nicholson suggested May 15 for the public hearing. Jennifer Jackson informed the Board that
some of the dates in the timeline will have to be changed for the advertisement
with the public hearing set for May 15.
Staff will create a new timeline for the Board. Chairman Moyer made the motion to set the
four sessions for April 10, 12, 17, and 19 and the official public hearing for
May 15 at 7:00 p.m. here. All voted in favor and the motion carried.
Following request # 3 above, Chairman Moyer
made the motion to authorize the use of the expanded published notice procedure
to advertise the hearing on May 15. All
voted in favor and the motion carried.
Expanded Published Notice Procedure
Instead of actually mailing notice to all
properties that may be affected by the proposed map amendment, Staff
recommended that the Board consider electing to use the expanded published
notice procedure as authorized by Section 200-76 of the Zoning Ordinance and
NCGS 153A-343. This notice procedure
will provide the following level of notice throughout the County:
1.
Display ads
running in the Times-News for four consecutive calendar weeks
2.
Legal ads
running in the Times-News for two consecutive calendar weeks
3.
Posting of the
general areas affected between 10 and 25 days prior to the hearing
4.
Mailed notice
between 10 and 25 days prior to the hearing for those properties entitled to
notice and having an address located out of the Times-News circulation area
The Board is entitled to use this expanded
published notice procedure since more than 50 properties and more than 50
property owners will be affected by the proposed Open Use Zoning under either
proposed map amendment.
Commissioner Hawkins made the motion to send
one or the other maps to Planning, not both.
He went on to move consideration of the first map (which was less than
the entire county) for advertisement. Much discussion followed. The majority of the Board preferred to
consider both maps for public input and to be sent to the Planning Board.
Angela Beeker asked if the Board would allow
staff to put a clarification statement in the public notice that would explain
that the Board is trying to determine whether all or a portion of the county
would be zoned with this open use zoning and that the maps are representative
of what it could look like if a part of the county is zoned or all the county
is zoned. This would leave the door
open for zoning all or part of the county.
Commissioner Hawkins called the question on
his motion. A vote was taken and the
motion failed three to two with Commissioners Hawkins and Ward voting aye. Both
maps will be considered for public input.
Commissioner Ward made the motion to send the
draft text and map amendments to the Planning Board for their review and
comments and to give thought to some relevant differences in the ordinance text
for zoning all of a portion of the county, also to comment on the definition and applicability of heavy industry.
All voted in favor and the motion carried.
The Commissioners need those comments back by the Planning Board=s April 24 meeting so the Board can review
them prior to the public hearing.
It was the consensus of the Board to allow
staff to clarify the notice as suggested by the County Attorney above.
There was much discussion regarding holding
workshops on the open use zoning district regulations. The Board set one for Monday, April 23 from
3:00 - 5:00 p.m. and a second one for Thursday, April 26 at 8:30 - 10:30 a.m.
Chairman Moyer made the motion to approve the
public information packet for distribution to the public in advance of the
public input sessions. All voted in
favor and the motion carried.
Chairman Moyer called a 45 minute recess, the
Board had lunch during that time and resumed the meeting at 1:00 p.m.
COMPREHENSIVE LAND USE PLAN UPDATE - Steering
Committee and Selection of Consultant
David Nicholson stated that the Board of
Commissioners may want to set some guidelines and some ground rules involving a
new steering committee and what the Board wants them to study. Mr. Nicholson suggested the Board set up a
steering committee that would be a cross section of the committees that the
Board already appoints, using people who are already committed to county
government. He suggested involvement
from the following current committees:
Environmental
Advisory Committee
Planning
Board
Greenways
Commission
Board
of Public Health
Cane
Creek or Mud Creek Advisory Board
Agriculture
Advisory Committee
Transportation
Advisory Committee
Board
of Education or someone from the Public School System
Travel
& Tourism
He also suggested utilizing some technical
people to work with the steering committee such as:
someone
from the Chamber of Commerce
someone
who works in housing issues in the community
representatives
from the municipalities
real
estate, home builders
utilities
- county government
public
service agency representative
public
transportation representative
Staff has been attempting to locate as many
qualified companies as possible in order to identify firms that may be
interested in responding to a request for qualifications for a consultant on
the project. Seven firms have been identified
as being interested. A request for
qualifications package is being drafted for the Board=s review at a later date. Staff is also accumulating copies of current
land use plans that have been developed over the last several years.
Mr. Nicholson distributed draft copies of the
ARequest for Qualifications for Development of
a Comprehensive Land Use Plan@. No action was requested from
the Board today. This was for
information and the Board=s review for later action. This
item will be back on the Board=s next agenda.
SOLID WASTE ISSUES
C&D Landfill
Gary Tweed showed the Board a full map of the
Henderson County Landfill, pointing out the C & D Landfill. He updated the
Board on the operation of the C & D Landfill, stating that the funds
generated through it are very important to the Solid Waste Enterprise
Fund. It is important that the State
take positive action on our request immediately. He has learned that the State Hydrologist has completed her
review of Phase I of our plan. There
are some remaining questions to be answered concerning the monitoring
plan. According to CDM, our consulting
engineer, we will need to slightly amend the placement of the monitoring
wells. Staff will continue to follow
the progress of the permit and keep the Board informed.
Waste Disposal Contract with Waste Management of S.C.
Mr. Nicholson recommended that the Board
authorize staff to negotiate an amendment to our current waste disposal
contract with Waste Management of South Carolina allowing for a three-year
extension. This amendment would allow
for a continued window of opportunity for the County to pursue all available
options for waste disposal.
Waste Management of South Carolina has
requested to implement a fluctuating fuel surcharge for transportation only
from the Henderson County Transfer Station to Palmetto Landfill. STS, the current transporter, has requested
the increase to cover the escalating fuel rates that have risen over the year,
but have not decreased as expected.
STS has made a formal request to Henderson
County and Waste Management to cover the expensive fuel costs, which have
basically been out of their control.
The unbudgeted costs have served to deteriorate their ability to hire
better drivers and maintain their fleet in accordance with the level of service
demanded by Henderson County and Waste Management.
There was much discussion. Staff will continue to investigate other
alternatives.
UPDATE ON PENDING ISSUES
1. Resolution - I-26 Widening
Chairman Moyer reminded the Board that they
had taken a position supporting the proposal to widen I-26 at the last Board
meeting and asked staff to draft a resolution to that effect. The proposed resolution was distributed for
the Board=s review.
It was the consensus of the Board to change the signature line on the
page to include space for each of the five Commissioners to sign the
resolution.
OFFER TO PURCHASE - Travel & Tourism
Building
Mr. Nicholson informed the Board of a receipt
of an offer from Jeff C. Justus to purchase the Travel & Tourism Building
for $700,000. The County has received
several inquiries from realtors and businesses over the years about the
purchase of this building.
Should the Board be interested in selling
this property, after consulting with the Travel & Tourism Board, we would
have several options under North Carolina law.
These include public auction, sealed bid, upset bids and negotiated
sale.
Mr. Nicholson recommended that the Board
refuse the offer at this time. He has
been investigating the options associated with the use of all of the County=s facilities. One of these options include the multi-use of the Historic
Courthouse. He will not have the
information on the possibility of including Travel & Tourism in the
Historic Courthouse until sometime in April.
He suggested that following receipt of this information, the Board could
then discuss the options available for this building.
Chairman Moyer made the motion to refuse the
offer from Mr. Justus. All voted in
favor and the motion carried.
IRG PROPERTY PROPOSALS
David Nicholson reminded the Board that they
have received two proposals from IRG concerning the adjoining properties
associated with the new Human Services Building on the Spartanburg Highway, the
former Carolina Apparel Trading Building (CAT building):
#1 Offer - February 21, 2001
1.
IRG would
assign their contract for the Watkins Property to the County.
2.
The County
would release its right to the Consolidated Properties parcel.
3.
IRG would have
the right to remove the Seabaugh house.
County Perspective:
1.
We would gain
the Watkins Property. This would square
off the back of our property to Old Spartanburg Highway.
2.
We would give
up a smaller property - Consolidated Properties.
3.
Our additional
cost would be $135,500. This reflects
the difference between the acquisition costs on these properties.
4.
The issue of
any rezoning and the out-buildings would be eliminated.
5.
We would gain
approximately 10-15 parking spaces.
#2 Offer - February 28, 2001
1.
IRG would
assign contract for Watkins Property to the County.
2.
County would
release its rights to the Consolidated Properties parcel.
3.
County would
also exchange the front portions of the Hill and Campbell properties.
4.
IRG would have
the right to remove structures on Watkins, Coleman and
Seabaugh
parcels.
County Perspective:
1.
County would
have title to the Carolina Trading Apparel Building, the Watkins, Coleman, and
Seabaugh properties and only the rear portions of the Hill and Campbell
properties.
2.
This exchange
creates a >dead end= parking area.
3.
County would be
required to establish a 3 foot green buffer.
4.
County would
save $82,000 from not purchasing the Consolidated Properties parcel.
5.
County would
lose 3,410 square feet of property or approximately 18 parking spaces.
David Nicholson=s recommendation to the Board suggested a counter proposal. Staff=s proposal would include the acceptance of assignment for the Watkins
Property from IRG in exchange for the Campbell parcel (at our original purchase
price) and the giving up our rights for the Consolidated Properties
parcel. Henderson County would then
have a net savings of $22,750. We would
lose 30+/- parking spaces. However,
this exchange would allow for our property to be squared off, eliminate the
issues of rezoning of Consolidated Properties (if required) and the encroaching
of the out-buildings from the Watkins Property.
It was the consensus of the Board to continue
to pursue the Watkin=s
Property.
Following much discussion, Chairman Moyer
made the motion for the County Manager and County Attorney to prepare a
counterproposal in accordance with and pursuant to the recommendation of the
County Manager and that it be distributed for review to each of the Commissioners before the offer is
actually made. All voted in favor and
the motion carried.
Chairman Moyer called a 5 minute technical
recess, to change videotapes.
BUDGET PROCEDURES AND TIME TABLE
David Nicholson explained that he will
present a very conservative budget this year.
There was discussion that the worse case
scenario from the State could force Henderson County to make some program
and/or employee cuts. Mr. Nicholson
explained that Henderson County will have to make up about $2 million in this
budget or raise the taxes 6 to 8 cents.
We do hope to get the funds released from the State but realistically we=re not counting on that at this time.
Following much discussion by the Board, Mr.
Nicholson was asked if he had ever had to make a continuation budget. He answered that he had but it was years
ago.
Following more discussion, Chairman Moyer
suggested that Staff research continuation budgets and how to implement them
and the significance to us if we did so.
He also asked the County Manager how he would make cuts if we don=t get the $2 million from the State of North
Carolina. He asked that Staff bring this information back to the Board before
May.
IMPORTANT DATES
The Board reviewed the calendar.
David Nicholson reminded the Board of the
April 5 NCACC District Meeting to be in Waynesville. Commissioners Gordon and Messer plan to attend.
CANE CREEK WATER & SEWER DISTRICT
Commissioner Ward made the motion for the
Board to adjourn as Henderson County Board of Commissioners and convene as Cane
Creek Water & Sewer District Commissioners. All voted in favor and the motion carried.
Commissioner Ward made the motion for the Board
to adjourn as Cane Creek Water & Sewer District Board and reconvene as the
Henderson County Board of Commissioners.
All voted in favor and the motion carried.
There being no further business to come
before the Board, Chairman Moyer made the motion to adjourn the meeting at
approximately 3:03 p.m. All voted in
favor and the motion carried.
There was no Closed Session at this meeting.
Attest:
Elizabeth W. Corn, Clerk to the Board William L. Moyer, Chairman