MINUTES
STATE
OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY
OF HENDERSON MAY 7,
2001
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 Bill Moyer, Vice-Chair
Marilyn Gordon, Commissioner Grady Hawkins, Commissioner Don Ward, Commissioner
Charlie Messer, County Manager David E. Nicholson, County Attorney Angela S.
Beeker, and Clerk to the Board Elizabeth W. Corn.
Also present
were: Public Information Officer Chris S. Coulson, Assistant County Attorney
Jennifer O. Jackson, Planning Director Karen C. Smith, Assistant to the County
Manager Selena Coffey, Finance Director J. Carey McLelland, and Fire
Marshal/Emergency Management Coordinator Rocky Hyder.
Absent was Amy
Brantley, Volunteer Coordinator.
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
David Nicholson
gave the invocation.
DISCUSSION/ADJUSTMENT
OF AGENDA
Chairman Moyer
pulled from the consent agenda:
AC@ - Detention
Center Project Report
AF@ - Henderson
County Financial Report - March 2001
AL@ - Resolution -
Older American=s Month
AM@ - Resolution -
Small Business Week
Under Staff
Reports, Chairman Moyer added AC-4" - Report from the
Transportation Advisory Committee (TAC) with respect to the widening of I-26
and the Community Mobility Forum. Under
AC-1" he
added the Environmental Advisory Committee Year End Report in conjunction with
the Health Department Resolution.
Commissioner
Hawkins added item AC@ under Discussion Items - Resolution
regarding Veteran=s Day/Election Day.
Commissioner
Ward added AD@ under
Discussion Items - Comprehensive Land Use Plan proposal.
Commissioner
Gordon added AE@ under Discussion
Items - Industrial Zoning discussion.
Chairman Moyer
asked that the Board defer Nominations & Vacancies to later in the agenda,
after Staff Reports and Discussion Items because of the people in the audience
waiting on Staff Reports and Discussion Items.
Angela Beeker
asked that the Hensley lawsuit be rolled to the next meeting, closed session
discussion.
Chairman Moyer
made the motion to approve the Agenda as adjusted. All voted in favor and the motion carried.
CONSENT AGENDA
Chairman Moyer
asked a question regarding the Detention Center Project Report and the amount
of monies that have been used already for engineering and design. He asked if there was any follow-up work to
do on this project as the monies are about used up for engineering and design. Mr. Nicholson said he would check on that
and report back to the Board.
Chairman Moyer
also asked about the possibility of having a balance sheet or funds
availability statement as part of the report so the Board could see the monies
available to pay bills.
Older American=s Month
Resolution - Commissioner Gordon read the resolution for those in
attendance and those watching on television.
Small Business
Week Resolution - Commissioner Hawkins read the resolution for those in
attendance and those watching on television.
Chairman Moyer
made the motion to approve the Consent Agenda including the above items added
back to it. 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:
July
26, 1999, special called meeting
October
21, 1999, special called meeting
November
2, 1999, special called meeting
March
21, 2001, regular meeting
April
10, 2001, special called meeting
April
12, 2001, special called meeting
April
16, 2001, special called meeting
April
17, 2001, special called meeting
April
18, 2001, regular meeting
April
19, 2001, special called meeting
April
23, 2001, special called meeting
April
30, 2001, special called meeting
Tax Collector=s Report
Terry F. Lyda,
Tax Collector, had provided the Tax Collector=s Report for the Board=s information,
dated May 1, 2001.
Darlene B.
Burgess, Deputy Tax Collector, had provided the Deputy Tax Collector=s Report for
the Board=s information,
dated May 1, 2001.
Detention
Center Project Report
The monthly
Capital Improvements Project Report for April 2001 was presented to the Board
for the new Detention Center for information only.
Detention
Center - Change Order
Mr. Nicholson
had supplied for the Board a Change Order for the new Detention Center as
follows:
1.
Beam Construction - Credit of $35,000.00
This
deduction was made because of the decision to utilize the existing
utilities
on the property in lieu of installing new water lines.
Mr. Nicholson
recommended that the Board approve this change order.
Corporate Banking
Resolution
A prepared banking
resolution from First Citizens Bank required approval by the Board to authorize
those persons listed in the resolution to conduct the daily banking business
that includes but is not limited to setting up deposit accounts,
signing/endorsing checks, requesting credit cards and investing funds on behalf
of the County with the bank.
The County Manager
recommended that the Board approve the prepared resolution authorizing the
persons listed in the resolution to conduct business with First Citizens Bank
on behalf of the County.
Henderson County
Financial Report - March 2001
The Henderson
County Financial Report for March was presented for the Board=s consent approval.
Project to date expenditures on the Human Services Building Project will be
reimbursed from proceeds of a financing arrangement to be secured this month.
Henderson County
Public Schools Financial Report - March 2001
The Public Schools
Financial Report for March was presented for the Board=s consent approval.
Surplus County
Vehicles
A resolution was
presented for the Board=s review and
approval declaring a list (Exhibit A) of vehicles and truck camper covers no
longer used by the County as surplus.
The resolution also authorizes staff to advertise for sale and dispose
of the surplus vehicles and truck camper covers at a public auction tentatively
scheduled for 9:30 a.m. on Saturday, June 2nd at the Henderson
County Garage located at 322 Williams Street, Hendersonville, North Carolina.
The County Manager
recommended that the Board approve the prepared resolution declaring the list
of vehicles and truck camper covers as surplus property and authorizing staff
to sell the surplus property at a public auction scheduled for June 2nd
at the County Garage.
Request for
Improvement Guarantee for Pottery Terrace, Phase II
Mr. J. Edward Jones
and Mrs. Jeanne S. Jones, had submitted an application for a subdivision
improvement guarantee for remaining road improvements to serve lots in Phase II
of Pottery Terrace Subdivision. The Henderson County Planning Board
conditionally approved the Development Plan for Pottery Terrace, Phase II, on
June 27, 2000.
Pursuant to
Sections 170-38 and 170-39 of the Subdivision Ordinance, a developer may, in
lieu of completing all of the required subdivision improvements prior to Final
Plat approval, post a performance guarantee to secure the County=s interest in
seeing that satisfactory construction of the incomplete improvements
occurs. The applicants intend to
deposit with Henderson County a certified check in the amount of $46,340.00,
which includes the cost of the remaining road improvements as well as the
required contingency amount of 25%.
Such a deposit is an acceptable form of improvement guarantee under the
Subdivision Ordinance. The applicants
expect the improvements to be completed in six months. Six months from the date of review of the
application by the Board of Commissioners would be October 22, 2001.
A draft Performance
Guarantee was provided for the Board=s review. If the request is approved, the applicants
must submit the certified check in accordance with the terms of the
Agreement. Once the County receives the
certified check, the Assistant County Attorney must certify the Agreement as to
form prior to its execution by the Chairman and the applicants.
The County Manager
recommended that the Board approve the request for an improvement guarantee for
Pottery Terrace, Phase II, subject to the applicants submitting a certified
check in the amount of $46,340.00 and subject to the Assistant County Attorney
approving the Performance Guarantee Agreement as to form.
State Road Petition
Staff had received
a petition for addition to the state road system of Crows Nest Road. The County
Manager recommended the Board accept this petition and forward it to NC DOT for
their consideration.
Certificate of the
Henderson County Juvenile Crime Prevention Council
The Henderson
County Juvenile Crime Prevention Council (JCPC) respectfully requested approval
by the Board of Commissioners of the JCPC Certification as is required by the
State of North Carolina each year in order to receive Juvenile Crime Prevention
Funds. This certification also includes
a $5,000 budget for JCPC Administrative expenses which will be provided by the
State Department of Juvenile Justice and Delinquency Prevention.
Staff recommended
approval of this request.
Resolution - Older
Americans Month
The Board was asked
to approve a Resolution proclaiming May 2001 as Older Americans Month in
Henderson County. A copy of the
Resolution is attached as a part of these minutes.
Resolution - Small
Business Week
The Board was asked
to approve a Resolution proclaiming the week of May 7, 2001 through May 11,
2001 as Small Business Week in Henderson County. A copy of the Resolution is attached as a part of these minutes.
RE-DESIGNATION OF
HOME CONSORTIUM
Selena Coffey
reminded the Board that Henderson County has been a member of the Asheville Regional
Housing Consortium since its inception in 1990. By being a member of the Consortium, Henderson County is
guaranteed to have funds for the housing projects within the County. The County, Habitat for Humanity and Home
Aid have all completed projects through the use of HOME Funds. Each year, presentations are made to the
Board from these agencies for the Board=s consideration.
The Consortium=s designation by
the Department of Housing and Urban Development as a participating jurisdiction
in the Home Program expires this year.
In order to continue our designation as a participating jurisdiction and
to receive an annual funding allocation, members of the Consortium must execute
a joint agreement and submit the documentation to HUD by June 30, 2001. The Agreement must be signed by the Chairman
of the Board and be accompanied by authorizing resolutions by the Boards of
each member unit of government within the Consortium. This process is very similar to the one in 1998. Angela Beeker has reviewed the Resolution
and made some changes to it before it was submitted to the Commissioners for
review. Ms. Coffey called the Board=s attention to one
change in the Joint Agreement, in paragraph 1 - the reference to the NC General
Statute should be 160A-462 instead of 426.
Staff recommended
that the Board approve the prepared Resolution and Agreement. Our participation in the Consortium has
proved to be a very valuable resource in providing housing opportunities for
our citizens.
Following some
discussion, Commissioner Hawkins made
the motion to adopt the Resolution in the form it is with the request to modify
paragraph 13 in accordance with the comments made by the County Attorney (or if
that=s not feasible this year to cover it in the
transmittal letter as indicated by the County Attorney so it will be clear)
and Joint Agreement with the change in
paragraph one regarding the NCGS. All
voted in favor and the motion carried.
PROPOSED AMENDMENTS
TO PROPERTY ADDRESSING ORDINANCE
The Property
Addressing Office had requested that the Board of Commissioners consider
approving several amendments to the current Property Addressing Ordinance which
is codified as Chapter 142 of the Henderson County Code. Rocky Hyder explained that these amendments
are proposed to assist that Office in expediting the naming and renaming of the
roads in Henderson County.
A summary of the
proposed amendments as well as a full copy of Chapter 142 were distributed to
the Board. This Ordinance was adopted
under authority granted by NCGS 153A-239.1, which was also distributed. Mr. Hyder briefly reviewed the proposed
changes with the Board.
A public hearing is
not necessary on the adoption of the amendments. As with any general ordinance adoption or amendment, to be
adopted and effective at the first meeting at which it is introduced, the
amendments must pass unanimously with a full Board present. Otherwise, it will need to be placed on a
subsequent agenda for a second vote.
The County Manager
recommended that the Board take appropriate action to approve the amendments as
presented. Once the initial
readdressing project is completed, Staff will be taking another, more
comprehensive look at the Property Addressing Ordinance and may be proposing additional
amendments.
The Commissioners raised
some concerns and asked staff to bring back some revised language for
clarification on a couple of items. Mr.
Hyder said this would be revised and brought back at the mid-month meeting.
ENVIRONMENTAL
ADVISORY COMMITTEE YEAR-END REPORT
Chairman Moyer
stated that this was one of the Committees that the Board wanted to look at and
evaluate the effectiveness of and decide whether to continue with the Committee
before appointing new members or reappointing current members.
Ken Weitzen,
Chairman of the Committee, discussed these issues with the Board and presented
a Year-End Report on the Committee=s work for 2000. He
briefly discussed VWIN.
The Environmental
Advisory Committee approved the following recommendations at their April 11
meeting:
1.
Recommended continuance of the Committee.
2.
Recommended not to ask for additional funding for biological
testing to be
added
to the VWIN program.
3.
Recommended to continue to study Astream buffer@ issues but not to
make a
formal
recommendation to the Board until the Mud Creek Restoration Council has
finalized
their report next year.
Ken Weitzen and
Fielding Lucas stated that a Meteorologist, a Civil Engineer, a Scientist or
someone in Air Quality would be most helpful to the Committee. They need good, educated people who are
willing to work hard. Mr. Weitzen also asked for the attendance requirements to
be strengthened.
Mr. Lucas explained
that the 2001 report will be more user friendly.
Following
discussion, Chairman Moyer made the motion to continue the Environmental
Advisory Committee and specifically charge them with the things that they have
already covered and are continuing to work on but in addition add air quality
to their charter, giving them a 6 month charter to talk about the ways air
quality is now being monitored and what can or cannot be done and what things
are within the Board=s control that could be worked on to improve
air quality or keep it from worsening in our county.
Following
discussion, a vote was taken and the motion carried unanimously.
Nippy Page has
served as staff contact to this committee for two years. The Board thanked her for her work.
Commissioner
Hawkins asked for the Committee to review and comment to the Board on the US
Health and Human Services Report that was issued in July 2000 that showed
Henderson County meeting all the National Air Quality Standards (out of the
Partnership for Health Report).
HEALTH DEPARTMENT
RESOLUTION
Commissioner Gordon
called the Board=s attention to a Resolution that was passed
by the Henderson County Board of Health last week. In view of the charter which was just given to the Environmental
Advisory Committee, she felt it very appropriate to pass the Resolution to them
for their review as they look at the air quality issues. The Board of Health worked very hard on this
Resolution.
INFORMAL PUBLIC
COMMENTS
1. Avram Friedman - Mr. Friedman
thanked the Board for passing the Resolution on Small Businesses and asked them
to pass the AClean Smokestacks Resolution@. He had presented a draft Resolution at an
earlier meeting. He stated that bad air
quality is bad for business. Haywood
County and Swain County have passed similar Resolutions. The NC State Senate has passed the Clean
Smokestacks Act and it is in the NC House now.
2. Chuck Mason - Mr. Mason is a
resident of Grimesdale and addressed the Board regarding Open Use Zoning. During several of the forums for input on
the proposed Open Use Zoning plan, he indicated his strong support for the plan
as drafted because he did not want others in this county to have to go through
an asphalt plant nightmare.
ABased on your
recent gutting of the plan=s maximum density
restrictions, I now no longer support open use zoning.@
3. Robert Wilson - Mr. Wilson spoke
about the Open Use Zoning regulations, stating that the lowered density
requirements are totally unacceptable.
4. Joyce Mason - Ms. Mason is a
resident of Grimesdale and addressed the Board regarding Open Use Zoning. She stated AI am appalled at
the changes you have made in the density requirements in the proposed open use
zoning even though you were asked by many residents at your public hearings to
make them even stronger.@
INDUSTRIAL ZONING
DISCUSSION - add on by Commissioner Gordon
ARecent discussions
at our workshops on open use zoning have underscored the importance of
appropriate industrial zoning being implemented. As we proceed with the implementation of the processes described
in our Land Use Implementation Guide, I think it is important to expedite the
identification of our key industrial sites.
It is appropriate and necessary for us to begin that process now.@ These were comments made by Commissioner
Gordon. She also stated that the
Committee of 100 and the Chamber of Commerce have the knowledge and background
to identify the locations and areas with the attributes necessary for this type
of development, along with those areas most likely to transition to such use as
our other infrastructure plans are implemented. She suggested that the Board ask them to prepare a proposal
identifying such sites now so that the groundwork will be laid for the Planning
Board=s use.
Commissioner Gordon
stated further AWe should also ask for a review of the
definitions for our zoning districts for industrial and commercial use and recommendations
for improving flexibility. This should
be done in anticipation of our work on the zoning rewrite draft, also as listed
in the Land Use Implementation Guide.
I will ask the
Board to approve by consensus a request to the Committee of 100 and the Chamber
for assistance with these land use issues at tonight=s meeting. Naturally, final recommendations will be
made by our Planning Board and the decision on implementation will come to this
Board. Moving promptly on this issue
will greatly improve the effectiveness of the open use district and the public=s understanding of
our plans.@
Commissioner
Hawkins asked for a joint meeting with the Planning Board to review the plan
and give clear guidance to the Planning Board.
Following
discussion, Chairman Moyer stated that there was unanimous consensus to move forward and follow Commissioner
Gordon=s proposal and ask the Chamber to get back to
the Board of Commissioners as promptly as possible and then have a joint
meeting with the Planning Board.
COMPREHENSIVE LAND
USE PLAN - add on by Commissioner Ward
Commissioner Ward
and David Nicholson have met and discussed the Comprehensive Land Use Plan and
how the Board should approach it. Mr.
Ward recommended the Board set up:
Steering Committee
Consisting of five
members, chaired by Bill Blalock as a volunteer and the other members agreed to
by the Board of Commissioners.
Responsibilities
would be based on a work plan that the Commissioners have established/will
establish. Incorporate studies that have already been done, no need to start
from scratch:
Mills
River/Fletcher Land Use Plan
Open
Use Plan
City
Plans (annexation plans and ETJ extension plans)
He suggested that
the committee work with Staff and a Consultant but that it not be consultant
driven, just assistance. He suggested
that the Board ask for regular updates and request a final report in six
months.
Community Committee
He suggested that
all four municipalities be involved as well as community groups such as Chamber
of Commerce, Designing our Future, Home Aid, and Apple Country Greenways. He
also suggested involving county committees that are already established
throughout the county:
Agriculture
Advisory Committee
Environmental
Advisory Committee
Planning
Board
Recreation
Advisory Committee
Library
Board of Trustees
Travel
& Tourism Committee
Transportation
Advisory Committee
Fire
Advisory Committee or Local Emergency Planning Committee
Cane
Creek Advisory Board
Mud
Creek Advisory Board
Board
of Health
DSS
and Board of Public
Education, Sheriff, and possibly 3-5 at-large public members.
Commissioner Ward
suggested that the Board set a workshop to:
formalize
the Membership
Steering
Committee
Community
Committee
Goals
for Plan
Roles
Responsibilities
Commissioner Ward
made the motion that the Board accept the above proposal. All voted in favor and the motion
carried.
Health Dept.
Resolution - already discussed.
ANNEXATION/ETJ
EXTENSIONS
Chairman Moyer
called attention to two memos, one from Mayor Niehoff and one from Mayor Hicks
with respect to working together with the County when the Planning Board
or the Board of Commissioners are considering rezonings near their boundaries
or other properties that will affect them.
Chairman Moyer further stated that the Commissioners want to have input with
respect to annexation decisions, with respect to ETJ decisions. Chairman Moyer stated that everyone is
trying to look at how the municipalities and the county can better work
together. LGCCA has been discussing
this issue. Therefore, Chairman Moyer
stated that the Board should honor the request from the Mayors and extend it to
cover all Municipalities and all lands close to the Municipalities and entry
corridors into the Municipalities.
Chairman Moyer
asked the Board to:
1. Adopt the above as a policy
2. Direct the
Chairman to send a letter to the Planning Board advising them of the policy to
be followed, and
3.
Direct the Chairman to send letters to the Municipalities advising them
of the policy.
Following much
discussion, it was the consensus of the Board to work toward developing a
policy or ground rules on this issue through the LGCCA. This will greatly affect sewer lines and
residential/commercial development will follow.
MAYOR=S CUP RAFT RACE
Chairman Moyer
reminded the Board that the Mayor=s Cup Raft Race is
scheduled for June 3rd on the French Broad River. Following some discussion, it was decided
that Henderson County would have a raft team this year. Mr. Nicholson stated he would inform Land of
Sky that Henderson County will have a team and he will be in charge of drafting
(recruiting) team members.
CLOSED SESSION
Chairman Moyer 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:
Sheila Penland
Olvera, Administratrix of the Estate of Rigoberto Olvera
Briones vs. Randall
Thomas Edmundson, Douglas McGuinn, George H.
Erwin, Jr.,
Sedgwick of the Carolinas, and Henderson County
(US Dist., Western
District, Civil No. 0:01CV74-C)
2.(a)(6) To
consider the qualifications, competence, performance, character, fitness,
conditions of appointment, or conditions of initial employment of an individual
public officer or employee or prospective public officer or employee; or to
hear or investigate a complaint, charge, or grievance by or against an
individual public officer or employee.
All voted in favor and the motion carried.
Chairman Moyer made the motion for the Board
to go out of Closed Session. All voted
in favor and the motion carried.
HOUSE BILL HR 62 IH add-on by
Commissioner Hawkins
Commissioner Hawkins stated that Ms. Jackson
Lee, a Texas Representative, has introduced into the United States Congress a
House Bill - HR 62. This particular
Bill asks that the Tuesday after the first Monday in November in 2004 and each
fourth year thereafter be declared a holiday so that employees can cast votes
in Presidential and other elections held on that day. That particular date would replace the traditional Veteran=s Day that is
currently on the books.
Commissioner Hawkins felt that this would be
wrong to do. Commissioner Hawkins made
the motion that the Board adopt a resolution in opposition to House Bill HR 62
IH. All voted in favor and the motion
carried.
TRANSPORTATION
ADVISORY COMMITTEE UPDATE add-on by Chairman Moyer
re: Widening of
I-26 and Community Mobility Forum
Chairman Moyer had previously asked the TAC
if they wished to consider the widening of I-26 as part of their agenda. The group agreed to take up this issue and
by a vote of 11-1 supported the widening of I-26 in conjunction with the
widening of 225, which is the connector from I-26 over to US 25. Chairman Moyer
has advised the other municipalities of these actions.
Chairman Moyer stated that one of the
committees of the Transportation Advisory Committee is the Community Mobility
Group which studies public transportation issues, walkways, greenways,
bikeways, etc. Mr. Moyer has been asking
the Group to take their proposals and present them to the public to see if
there is any public support for the kinds of things they are talking
about. There will be a Public Forum on
Community Mobility at the next regular TAC meeting, May 17 at 7:00 p.m. in this
room and it will be videotaped to air on Channel 11.
Chairman Moyer reminded the Board that AStrive Not to Drive
Week@ is May 13 - 19 and AStrive Not to Drive
Day@ is May 18 in Henderson County. He encouraged everyone to at least try to reduce
their transportation by car on that day to the extent that can be done.
Chairman Moyer stated that they have been
pressing to try to get better synchronization of the traffic lights. Work is progressing on that. The Committee has been successful in getting
a stop light at South Allen Road/Upward Road.
They also have gotten changes made at #280 and #191.
PRESENTATION OF
COUNTY MANAGER=S PROPOSED BUDGET
Mr. Nicholson reminded the Board that the
State Budget has affected us greatly in preparation of our FY 2001-2002
budget. The State has put a cloud over
local governments across the State of North Carolina. Mr. Nicholson has provided in the budget notebook for the Commissioners
a list of items (in no particular order) that the Board could delete if needed,
to cut the budget.
The County Manager explained that this is a
$84.6 million budget. He recommended a
2 cent tax increase which would make our tax rate 52 cents. The increase is not needed in the operating
budget but rather for projects such as Rehabilitation of the Historic
Courthouse, the proposed Human Services Building (Carolina Apparel Trading
Bldg.) and building a much needed new Animal Shelter.
Mr. Nicholson asked the Board to look at the
goals they have set when reviewing the budget. The Board has increased funding for education. The Board has greatly improved the County=s financial
position. The Board has also improved
the County=s level of services to the community as well
as improvement to public facilities.
Selena Coffey then distributed copies of the
Budget Message as well as the Budget Notebook.
David Nicholson reminded the Board that the
Public Hearing on the FY 2001-2002 Budget needed to be set under Important
Dates.
NOMINATIONS
Notification of
Vacancies
The Board was notified of the following
vacancies which will appear under ANominations@ on the next
agenda:
1.
Hendersonville City Zoning Board of Adjustment - 1 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 - 1 vac.
2.
Mountain Area Workforce Development Board - 1 vac.
3.
Land-of-Sky Regional Council Advisory Council on Aging - 1 vac.
4. Equalization
and Review - 1 vac.
5.
Retired Senior Volunteer Program Advisory Council - 1 vac.
6.
Juvenile Crime Prevention Council - 1 vac.
7.
Henderson County Zoning Board of Adjustment - 1 vac.
There were no nominations at this time so all
these items were rolled to the next meeting.
IMPORTANT DATES
Commissioner Ward stated that there is a
budget workshop set for May 24. He will
be out of town and asked that it be rescheduled. Chairman Moyer asked Mr. Nicholson to look at the calendar and
the Board will look at rescheduling that workshop at the May 16 meeting.
Request for Public
Hearing on Road Names
Rocky Hyder stated that most of these road
names are in the Mountain Home area. Three of the roads are petitions for
un-named roads, one is for re-naming to eliminate a duplicate.
Commissioner Hawkins made the motion to set
the Public Hearing for May 29 at 5:00 p.m.
All voted in favor and the motion carried.
Property Addressing Staff will hold an open
house on the day before the hearing to address questions and concerns from
citizens regarding these names.
Request for Public
Hearing on Rural Routes
Mr. Hyder requested that the Board set a
Public Hearing for the purpose of assigning street numbers to all rural routes
within Henderson County. Property
Addressing Staff will again hold an open house on the day before the scheduled
hearing to address questions and concerns from citizens.
Commissioner Hawkins made the motion to set
the Public Hearing for May 29 at 5:00 p.m. All voted in favor and the motion
carried.
Set Quasi-Judicial
Proceeding on an Application for a Variance from the Henderson County
Subdivision Ordinance for Richmore Estates
Ms. Janice Payne, agent for Mr. Richard
Phipps, property owner and developer of Richmore Estates subdivision, had
submitted an application for a variance from Section 170-27 of the Henderson
County Subdivision Ordinance which deals with right-of-way access.
The Henderson County Planning Board reviewed
the application at its meeting on April 24, 2001 and made a
recommendation. At this time, Staff
requested that the Board set a quasi-judicial proceeding to consider the
variance application. The
recommendation of the Planning Board as well as other information about the
variance request will be presented to the Board of Commissioners prior to and
during the proceeding.
Ms. Payne had requested that the variance
application be heard at an evening meeting, therefore, Staff proposed the date
of June 4, 2001 at 7:00 p.m., the next regularly scheduled Board meeting.
Chairman Moyer made the motion to set the
public hearing for June 4, 2001 at 7:00 p.m.
All voted in favor and the motion carried.
Request for Public
Hearing on Rezoning
Christine Bernard, Bob Sherman, and Virginia
Dale Thompson have submitted applications requesting that the County rezone 3
parcels totaling approximately 2.34 acres from an R-40 (Estate Residential)
district to a C-1 (Residential Commercial) district. The parcels proposed for
rezoning are located along US-25 South at the intersections of Shepherd Street
and US-25 South, and Erkwood Drive and US-25 South.
The Henderson County Planning Board reviewed
the applications at its meeting on Tuesday, April 24, 2001 and voted to send
the Board of Commissioners a favorable recommendation on the request to
rezone the property of applicant Sherman, but voted to send an unfavorable
recommendation on the request to rezone the properties of applicants Bernard
and Thompson. Before taking action on
the application, the Board of Commissioners must hold a public hearing. Staff
proposed that the hearing be scheduled for Monday, June 4, 2001 at 7:00 p.m.
Chairman Moyer made the motion to set the
public hearing for June 4, 2001 at 7:00 p.m.
All voted in favor and the motion carried.
Commissioner Hawkins asked that the Board set
a Solid Waste Workshop or get that item on the agenda for a future
meeting. The County Manager had planned
to have that as an agenda item at the June 4 meeting.
Commissioner Hawkins also asked that the
Board set a workshop on redistricting.
Subsequent to getting the new, updated census numbers, he went back and
re-looked at the districts and the Board of Elections also revisited the
districts and came up with a better product.
He asked that the Board review the new information and the Board will
then set a workshop on June 4.
Commissioner Hawkins reminded the Board of a
Joint Facilities Meeting at 5:30 on May 21, 2001. The Meeting will be at the Board of Education Administration
Building.
Commissioner Ward made the motion to set the
FY 2001-2002 Budget Public Hearing for June 5 at 7:30 p.m., here. All voted in favor and the motion
carried.
CANE CREEK WATER
& SEWER DISTRICT
Chairman Moyer made the motion for the Board
to adjourn as Henderson County Board of Commissioners and convene as Cane Creek
Water & Sewer District Board. All
voted in favor and the motion carried.
Chairman Moyer made the motion for the Board
to adjourn as Cane Creek Water & Sewer District Board and reconvene as
Henderson County Board of Commissioners.
All voted in favor and the motion carried.
Action following
CCWSD meeting
CLEAN WATER
MANAGEMENT TRUST FUND
Staff had negotiated the final contract for
the $500,000 grant from the Clean Water Management Trust Fund. This grant is for the Mills River Sewer
Project. The County Engineer and
Assistant County Attorney discussed the contract with the Board of
Commissioners.
Commissioner Hawkins made the motion for the
Board of Commissioners to approve the Resolution (as amended) and Grant
Agreement. All voted in favor and the
motion carried.
There being no further business, Commissioner
Hawkins made the motion to adjourn the meeting at 9:58 p.m. All voted in favor
and the motion carried.
Attest:
Elizabeth W. Corn,
Clerk to the Board William L. Moyer, Chairman