MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON JANUARY 7, 2002

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 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, Fire Marshal/EMS Coordinator Rocky Hyder, Emergency Medical Services (EMS) Director Tom Edmundson, Assistant EMS Director Terry Layne, Planner Josh Freeman and Property Addressing Technician Curtis Griffin. Amy Brantley, Deputy Clerk to the Board/Volunteer Coordinator, was present through the Nominations.

Absent was: Commissioner Grady Hawkins. Commissioner Hawkins was given a waiver (absentee letter) but did not sign it.

CALL TO ORDER/WELCOME

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

PLEDGE OF ALLEGIANCE

Commissioner Marilyn Gordon led the Pledge of Allegiance to the American Flag.

INVOCATION

David Nicholson gave the invocation.

DISCUSSION/ADJUSTMENT OF AGENDA

Chairman Moyer pulled item AB@ from the consent agenda - ALease of Property Adjacent to Broadpointe Center@. He added this to the Discussion Items as AC@.

Chairman Moyer added a discussion matter concerning Ecusta Corporation, a resolution. He asked that this be added immediately following the BellSouth presentation under Staff Reports.

Commissioner Ward asked to add an update on County Facilities by the County Manager. Chairman Moyer added it as item AD@ under Discussion Items.

Chairman Moyer made the motion to approve the revised agenda. All voted in favor and the motion carried.

CONSENT AGENDA

Chairman Moyer had requested that item AB@ be pulled from the consent agenda for discussion.

Commissioner Ward requested that item AH@ be pulled for some discussion.

Chairman Moyer made the motion to approve the Consent Agenda, excluding AB & H@. 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:

May 19, 1999, regular meeting

July 27, 1999, special called meeting

December 11, 2001, special called meeting

Lease of Property Adjacent to Broadpointe Center - pulled from Consent Agenda. For discussion later in the agenda.

Abandonment of a Portion of Macedonia Church Road (SR#1835)

At the Board=s meeting on December 19, 2001, the Commissioners unanimously voted to approve an abandonment petition that had been submitted regarding a portion of Macedonia Church Road. The North Carolina Department of Transportation requires that such action be taken by the adoption of a resolution. A draft resolution was presented for the Board=s consideration.

The prepared resolution was consistent with the Board=s action on December 19, 2001, therefore the County Manager recommended that it be adopted so that it can be forwarded to the N C Department of Transportation.

Financial Report - November 2001

Cash Balance Report - November 2001

This information was presented for information and consent approval.

Non-departmental expenditures in the General Fund include the annual premiums paid to the NCACC Insurance Pools for the County=s Worker=s Compensation and Property/Liability insurance coverage. These costs will be distributed out to each of the departmental budgets prior to year-end.

The negative position in the Schools Capital Reserve Fund was created from the appropriated transfer of $1.2 million in October to the School Capital Projects Fund for the Fletcher Elementary School Project. At November 30^th, the Schools Capital Reserve Fund had a positive fund balance of $881,705.32 subsequent to this transfer.

The negative position in the Emergency Communications Fund was due to the November annual payment ($122,277.61) made to Motorola for the lease of emergency communications equipment. This fund had a positive fund balance of $10,704.67 at November 30^th subsequent to this payment.

Henderson County Public Schools Financial Report - November 2001

This information was presented for information and consent approval.

Tax Collector=s Report

Terry F. Lyda, Henderson County Tax Collector, had provided the Tax Collector=s Report dated January 3, 2002 for the Board=s information.

Referral of Special Use Permit Application #SP-01-04 by Blue Ridge Community College to the Planning Board

Blue Ridge Community College had submitted an application (SP#-01004) for a Special Use Permit to construct a baseball facility at its campus off College Drive. The facility will be located near the intersection of College Drive and South Allen Road. The property is zoned O & I (Office and Institutional) by the County.

In 1996, the O & I district was amended to require Special Use Permits for colleges, universities and vocational schools for post-secondary school education and training. Because the baseball facility requires construction of new buildings, a Special Use Permit is needed. In conjunction with the Special Use Permit, the applicant will be seeking a setback variance.

Section 200-56 of the Henderson County Zoning Ordinance requires that the Board of Commissioners refer Special Use Permit applications to the Planning Board for review and recommendations prior to the Board of Commissioners holding a public hearing on such applications.

The County Manager recommended that the Board of Commissioners refer the Special Use Permit application #SP-01-04, submitted by Blue Ridge Community College, to the Planning Board for review and recommendations.

Waterline Extension(s) - this item had been pulled from the consent agenda for discussion.

Chairman Moyer asked for discussion on the Waterline Extension(s)

The City of Hendersonville requested any County comments on proposed waterline extension(s).

This is a project to bring water service to a piece of property located approximately 3 miles north of the Hendersonville Corporate Limits off Clear Creek Road in Henderson County. The property is identified on the Henderson County Tax Map as 9670.00-47-6306.

The project requires the installation of approximately 680 lineal feet of 8" Ductile Iron (Class-350) water line. It is proposed to tie to the end of the existing 8" water main at the entrance of Clear Creek Elementary School extending west along Clear Creek Road to the Church=s property.

Fire protection will be provided via the installation of one hydrant located on the end of the new water main.

Water pressure and flow in this area was as follows:

Static pressure = 65 psi.

Residual = 20 psi.

Flow = 520 GPM

The intended use of this property is institutional.

The entire cost of the proposed water line extension has been paid for by the owner/developer, Clear Creek Baptist Church.

Based on the above information, the Water Department can support the additional connections and recommends approval of the project contingent upon approval of the final plans and specifications from the Water and Sewer Department.

Staff Comments/Recommendations:

520 gpm flow is 230 gpm less than the minimum fire flow needed for public assembly type buildings.

Commissioner Ward was concerned about the staff comments that the flow is less than the minimum fire flow for this type building.

Rocky Hyder stated that 500 gpm flow is the minimum requirement for residential facilities. When you deal with commercial facilities or assembly type facilities the minimum would be considered to be 750 gpm, preference would be 1,000 gpm flow. Mr. Hyder stated that this is a dead-end line on that particular street.

Commissioner Ward asked Mr. Hyder if the Church caught fire would there be enough water to fight the fire or is this a public safety hazard?

Mr. Hyder stated that if the Church caught fire, they would certainly have to augment the fire flow with portable water which is commonly done in that area anyway.

Following discussion, Chairman Moyer made the motion to approve item AH@. All voted in favor and the motion carried.

CHAIRMAN - Announcements

Chairman Moyer informed the public that Commissioner Hawkins had some medical attention right before Christmas and over the holidays. He had some arteries cleaned out and now has a Pacemaker. Chairman Moyer had talked with Commissioner Hawkins and he is recovering nicely. He does not plan to attend any meetings for the next week or so but he plans to be at the mid-month meeting. Chairman Moyer wished him a speedy recovery and the very best and looked forward to his returning to the meetings. As a courtesy, some items might be deferred to the mid-month meeting.

Chairman Moyer mentioned the United Way situation. He asked any listeners or anyone in attendance to contribute more if they were in a position to do so. The United Way has a shortfall of approximately $300,000. This is money that is needed for human services in our community. In many cases, this is money that would have to be spent by the taxpayers in the county if these needs were not met by the non-profits that are supported by the United Way. United Way has extended their campaign through January.

Chairman Moyer mentioned the Orange Bowl, stating it was his pleasure to attend the game with the band from Hendersonville High School. The band did well and had put a lot into their performance. He felt it was a real disgrace that ABC covered the half-time activities as they did. He stressed the amount of time that the band members and the dancers had put into practicing and performing and then they weren=t shown at all on the telecast. They got all the bands together and they performed AGod Bless America@ as an opening and then none of it was shown. David Nicholson congratulated the Hendersonville High School Band on being invited to the Orange Bowl, stating it was a great honor for our whole community.

BELL SOUTH - REQUEST FOR LONG DISTANCE

The Board had received a request from BellSouth requesting the Board=s support of a resolution endorsing their application to provide long distance service.

This item had been rescheduled from the December 19, 2001 Board meeting.

The County Manager recommended the Board approve the prepared resolution. Hopefully, BellSouth=s entry into the long distance business will lower costs for our community.

LaVoy Spooner was present from BellSouth and offered to answer any questions the Board had. He requested that the Board of Commissioners endorse BellSouth=s application to the North Carolina Utilities Commission to provide long distance telephone service within the State. He stated there was a law passed in 1996 called the ATelecommunications Act of >96" which says that in order for a Bell Company to get permission to provide long distance within a State, the Commission within that State would have to endorse that the Bell Company has opened up its local network to competition and that it is not a hindrance or a bottleneck to competitors providing local service. Once that endorsement is received by the State Commission, the Bell Company then has to go to the FCC to get their approval to provide long distance. In the Bell South region, they are in various stages of that process. They have already received endorsement from the Louisiana Commission, the Georgia Commission, the South Carolina Commission and the Mississippi Commission. They have taken their application to the FCC for the Georgia and Louisiana territory. They have had a public hearing at the North Carolina Utilities Commission that was concluded the end of October. They are deliberating whether BellSouth has met their obligations as far as opening up the network to competitors. BellSouth is seeking the endorsement of various groups and individuals around the State, verifying that it is good for this to happen. The Telecommunications Act of 1996 detailed 14 different items that would be used to measure whether the local service area had been opened up. The North Carolina Commission, in 1998, ruled that BellSouth had met 12 of the 14 and had to come back with additional details for the remaining 2. The Commission has found it in the public interest for this to happen.

Mr. Spooner stated that there are benefits for all telephone consumers in the State when BellSouth receives the permission, once they start providing long distance service. Based on what has happened in some of the other States around the country, when the Bell Company has entered the long distance market all rates have been reduced, both local telephone rates and long distance rates have been reduced because there are more competitors in the field. As the Bell Company gets in the long distance business they take some of the market share from the long distance companies. As the long distance companies loose market shares they get into local business to make up the difference so we have everybody competing against each other and the rates go down. An economist made a projection that in North Carolina if BellSouth were allowed permission to get in the long distance service all customers in the State whether they were BellSouth customers or not, due to the competition, combined would save almost $500,000,000 a year which equates to about $1,400,000 a day.

Following discussion, Chairman Moyer made the motion for the Board to adopt the prepared resolution which resolved that the Henderson County Board of Commissioners endorses BellSouth=s application for permission to offer long distance service in North Carolina and called upon the North Carolina Utilities Commission and the Federal Communications Commission to approve this application without delay.

All voted in favor and the motion carried.

ECUSTA CORPORATION - Resolution - add-on

Chairman Moyer reminded everyone that there has been ongoing discussions with respect to the Ecusta Plant and its ability to continue to survive and the labor situation. There is also a meeting going on in Transylvania County this evening where there will be discussion concerning the Ecusta Plant. Chairman Moyer turned the meeting over to the representative from Ecusta.

Mike Smith, Attorney representing Ecusta, read a prepared statement on behalf of the owner, Mr. Puri. Mr. Puri was in attendance at the Transylvania County Commissioners= meeting this evening. Mr. Smith explained that they are in a very dire situation, stating that they can succeed only if everyone in the community works together. He stated that poor communications and a lack of trust were some of the problems the company has experienced. On Mr. Puri=s behalf, he accepted responsibility for that problem. Ecusta=s largest remaining customer, British American Tobacco (BAT), had notified them that if they did not have a labor agreement this month Ecusta would lose all their business. If that happens Ecusta will have no other option but to close and liquidate the plant. Even if they sharply reduce the size of the workforce, the sales from their remaining customers will not allow the company to break even at the plant. If the mill were to cease operations there would be absolutely no hope of reopening the plant. All of their customers would go elsewhere. There is no other buyer for the plant and there is no proverbial Awhite knight@. Mr. Puri received a preliminary offer several weeks ago from a prospective buyer but no firm price was ever offered by that buyer or any other buyer and the total package of terms tentatively offered was so low as to be ridiculous. Therefore, the discussions never led to a serious proposal. Mr. Smith stated that they could expect no interest from any other buyer given the plants current financial situation, including the fact that there is no shortage of other paper suppliers in the marketplace. There are plenty of other companies that can not only guarantee a steady supply of paper to purchasers but can do so far more efficiently than Ecusta can with much more modern equipment that those suppliers have already on line. Mr. Smith stated AThe labor situation here is simply far too uncertain.@

Mr. Smith stated that there have been a series of events, some local and some national, that have collided and coincided to put them in a very difficult state. When Mr. Puri purchased the plant in early August, they knew they had challenges, they also knew it would take a substantial investment to upgrade the facility in order to match or exceed their competitors. Unfortunately they underestimated the amount that would have to be invested to adequately modernize the plant. Since buying the plant last August, the recession has gotten worse than was expected. That, plus the oversupply of paper in the marketplace has led to a dramatic collapse in pricing. September 11^th had tremendous and negative implications for the company=s business. The strike that took place at the plant in early November has frightened away many customers.

Their last remaining large customer, BAT, intends to award a contract for its orders for the next three years to all of its global suppliers January 31, 2002. In order for Ecusta to have time to prepare a bid as one of those potential suppliers and for them to have time to negotiate the terms with Ecusta, Ecusta must have a finalized labor contract by no later than January 22, 2002. In order to give employees time to consider that contract and to conduct a ratification vote that is required by their Union by-laws, Ecusta must reach an agreement with the Union immediately. All of BAT=s other suppliers around the world have already completed the bid process. Ecusta=s bid was actually due last November but they couldn=t proceed to prepare a bid without knowing what their labor costs would be and that they would be able to guarantee deliveries for any orders that were placed with them under the new contract. Based on Mr. Puri=s long-term relationship with BAT, Ecusta is still under consideration for orders from BAT but they are living on borrowed time.

Mr. Smith shared a new development with the Board --- They just learned earlier today that the Federal Mediator who has been involved in the bargaining process since August has asked both parties to come to a meeting in his office in Charlotte on January 15 for the purpose of conducting contract negotiations. Both sides have agreed to participate in those negotiations at that time and at that location. Although the negotiations will occur later than Ecusta had originally asked for, it is their hope that they will be able to move quickly in order to meet their ultimate deadline set by BAT=s requirements.

Mr. Smith concluded by saying that despite what we=re all up against, they want Ecusta to succeed but that success will ultimately require three things:

1. Current ownership must provide the leadership and resources. There is no one else and there will be no one else to serve in that function.

2. The Union must agree to a contract that makes the business viable. The contract that just expired is not a model for such an agreement.

3. A labor contract must be finalized by no later than January 22, 2002.

Mr. Smith stated that he came here tonight to let the Board know that Ecusta is in serious trouble. He requested the Board=s help and support. The plant is located in Transylvania County and currently employs approximately 500, 30% to 40% of which reside in Henderson County.

Chairman Moyer read the prepared draft resolution. The Resolution resolved:

1. The Board of Commissioners encourages both the union and management of Ecusta to work together expeditiously, with the requisite flexibility needed, to arrive at a mutually acceptable proposal that will benefit the corporation, the employees and the citizenry by safeguarding the employment and the capital investment of Ecusta.

2. The Board of Commissioners encourages the Federal Government and the State of North Carolina to render any assistance available to Ecusta to enable it to upgrade its facilities and remain competitive in the marketplace.

3. The Board of Commissioners and its staff will continue to work with the Translyvania County Board of Commissioners and their staff to provide assistance in these efforts.

Chairman Moyer made the motion to adopt the resolution and put it out for discussion, a copy of which is contained herewith as a part of these minutes.

Following discussion, a vote was taken and the motion carried unanimously.

US 25 SOUTH REPORT

Ted Pearce, Chairman of the Henderson County Planning Board, thanked the Committee members and especially Planner Josh Freeman for all their hard work in this study.

The US 25 South Corridor Study was prepared by a committee formed at the request of the Henderson County Board of Commissioners to examine land use within 300 feet of either side of US 25 South, between the City of Hendersonville and the Village of Flat Rock. The Study provides information about the existing conditions of the study area, reviews issues and priorities for the corridor and proposes a set of recommendations for managing land use in the corridor in the future.

Josh Freeman, who served as the primary staff assigned to the Study Committee, presented the study and the Committee recommendations to the Board of Commissioners. Members of the Study Committee were also present to answer questions.

After reviewing the report, the Board of Commissioners may want to discuss the next steps in the study process, which may include providing further direction to the Study Committee, presenting the report to the governing boards of the City of Hendersonville and the Village of Flat Rock for review, scheduling a joint workshop with the Study Committee, etc.

Staff requested direction from the Board on how it would like to proceed with the study process.

Josh Freeman reviewed some background briefly. The US 25 South Corridor Study was initiated on July 31, 2001, following a letter from the Board of Commissioners to the Chairman of the Planning Board. The letter requested Mr. Pearce (the Chairman of the Planning Board) establish a study committee to look at a portion of the corridor that falls within the area of the county that lies between the Village of Flat Rock and the City of Hendersonville along the US 25 South corridor and to develop some recommendations regarding the management of land use issues there. The Board of Commissioners directed that the Study Committee consist of seven members, three from the Planning Board, one from the City of Hendersonville, one from the Village of Flat Rock, and two from area landowners. The issues that have led to the creation of this study were a range of rezonings that have taken place throughout the corridor.

The Board=s intent was to study all the areas surrounding the municipal boundaries as well as all major thoroughfares.

Josh Freeman stated that the corridor begins at the intersection of Hwy. #176 and & US #25 within the City of Hendersonville and runs through Henderson County into the Village of Flat Rock. It is the primary link between the Village of Flat Rock and the City of Hendersonville. It is also one of the more significant entry corridors into both municipalities. The corridor also has significant historical, aesthetic and economic values. The study does not address the US 25 South corridor as a whole. It only addresses that portion that lies within Henderson County=s jurisdiction between Flat Rock and the City of Hendersonville. It does not constitute a corridor-wide plan. The study area is a 4,520 foot long, 622 foot wide swath of land that lies between the two municipalities and contains an estimated 456 residents, 190 residential units, 11 businesses, 1 church, 86 acres, 92 parcels, all of which are owned by 77 landowners. Land uses throughout the study vary considerably. Most of the existing commercial issues are located north of the intersection of Erkwood and Shepherd Streets and most were established before the institution of zoning. South of the Erkwood/Shepherd intersection land uses are predominantly light to medium density residential single family households. There are a few multifamily households and one business as well as a church. Current zoning within the corridor does not entirely match the composition of land uses there.

The committee studied the transportation characteristics of the corridor and identified a number of problems including the infamous configuration of the Erkwood/Shepherd intersection, the number of curb cuts throughout the study area, and the lack of pedestrian and cyclist infrastructure. Each of these issues pose serious concerns regarding traffic congestion and traffic safety. The committee considered the jurisdictional issues facing the corridor. The committee formulated a set of priorities as well as 26 recommendations intended to achieve those priorities. Regarding land use in the study area the committee identified zoning as a valuable tool that should be used to protect the mixed use character and the aesthetics of the corridor as much as possible while increasing the flexibility for owners of commercial properties in order to keep those properties viable while protecting property value, reducing the nonconformities with regard to land use, lot size, set backs, etc., as well as minimizing traffic impacts related to land uses along the 25 South corridor. To achieve these priorities and to address the identified land use concerns the committee had presented a set of land use recommendations that generally propose to adjust zoning to provide landowners north of the intersection of Erkwood and Shepherd Street with a broader array of land use options including the mixing of residential and light commercial uses, to restrict the development of new industrial and new commercial uses and maintain lower and medium density of residential uses in the southern portion of the study area, to adjust the R-40 zoning south of the Erkwood/Shepherd intersection to a higher density residential in order to fit the current lot sizes there, and to improve standards for signage, buffering, landscaping, building scale, etc. in order to better protect the corridor=s characteristics. In the transportation arena the committee members agreed that the provision of additional motor vehicle lanes was not desirable because of the impact that they would have on the character of the corridor and that measures other than widening should be taken to preserve the traffic capacity of the highway, that there must be an improvement of safety conditions along the roadway and that there must be improved bicycle and pedestrian access. Therefore, the transportation conditions suggest the development of a comprehensive access management program in cooperation with North Carolina Department of Transportation in order to regulate the curb cuts that currently exist and that would exist in the future along the corridor; that the County consider establishing a corridor overlay district in the zoning ordinance to implement that access management program as well as some other recommendations that were made within the document; that the realignment of the intersection of Erkwood and Shepherd Street take place and the county participate in a study that would help move that along; and that improvements be made to the intersection of Brooklyn Ave. with US 25 South and with Balsam Street and US 25 South although those intersections are actually in the City of Hendersonville=s jurisdiction, as well as the installation of turn lanes along 25 South where appropriate and the provision of sidewalks and bicycle lanes within the study area. The City of Hendersonville is currently extending its sidewalk south from where they currently lie within their jurisdiction, all the way down to Brooklyn Ave. However, there are no sidewalks below that on through the Village of Flat Rock. The Committee determined that if widening of 25 South does become necessary at some point, in particular if it=s identified as a necessity by the Hendersonville Urban Area Thoroughfare Plan, that the installation of a planted elevated median along 25 South take place in order to provide separation between northbound and southbound lanes and that turn lanes be built within that planted median.

In response to the identified jurisdictional issues, the Committee voiced support for the extension of sewer lines to serve failing septic systems, discouraged the use of land use oriented satellite annexations in the study area by municipalities, suggests an adjustment to the annexation agreement boundary between the City of Hendersonville and the Village of Flat Rock such that it would run along the Erkwood Dr. and Shepherd Street toward 176 and toward Mud Creek Baptist Church. Josh Freemen stated that these recommendations are important because they were developed through a cooperative effort that included the representatives of the governments of the City of Hendersonville, the Village of Flat Rock, and Henderson County as well as representatives from the landowners in that area. Contingent upon the Board of Commissioners= endorsement of these recommendations, several steps should follow this report:

First, that this report be presented to the LGCCA or to the councils of the City of Hendersonville and the Village of Flat Rock, whichever is the Board=s preference.

Second, that the City of Hendersonville=s Comprehensive Land Use Plan Update Committee be given an opportunity to hear this report. That Committee has already extended an invitation to staff to make such a presentation. Mr. Freeman preferred to wait for the Board of Commissioners= permission to do so.

Third, that this report be presented to the Henderson County Transportation Advisory Committee so that it can be considered for the Hendersonville Urban Area Thoroughfare Plan Update; and that this report possibly be presented to the Planning Board of Henderson County; and that the portions of these recommendations that require rezonings be acted upon in the near future; and that work on the portions of these recommendations that require further study and development begin immediately.

Josh Freeman pointed out that public input to this point has not been very extensive. The Committee sent out letters to the 77 landowners in the area requesting their input but response was fairly minimal. Most of the concerns that were expressed by the landowners related to traffic, their fear of annexation, and their desire to preserve the character of the corridor. Before any substantial steps are taken to implement these recommendations, more public input would probably be warranted. Staff felt that a workshop between this Board and the Study Committee might be warranted and suggested that such a workshop take place. The 25 South Corridor Study Committee had offered to assist in any further development of these recommendations that the Board of Commissioners sees fit.

Chairman Moyer stated that this was a lot of information. His vision was to get the ball rolling and then take the study back to the LGCCA. He suggested that the Board accept the report and share it with the LGCCA. He felt it was a very well done study, very comprehensive, and shows a lot of work. In Commissioner Hawkins absence, Chairman Moyer suggested that the Board accept the report and with the Board=s agreement, take it to the LGCCA for their study with the agreement that the study be distributed to the various Planning Boards.

Following discussion, it was the consensus of the Board to accept the report and distribute it to the LGCCA and the various Planning Boards and get input from those groups. The Board will plan to set up another session in the future to decide how to proceed. Chairman Moyer suggested placing a sticker on the report reading ADraft, affected by the Board of Commissioners and authorized for distribution for comment@. The Commissioners thanked all the Committee members for their work on this issue.

INFORMAL PUBLIC COMMENTS

There were none.

NOMINATIONS

Notification of Vacancies

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

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

2. Transportation Advisory Committee - 11 vac.

Chairman Moyer explained that technically the Transportation Advisory Committee was given a term of 2 years. He recommended continuation of that Committee, stating that he has been pleased with the work of that committee.

Chairman Moyer made the motion to authorize continuation and perpetuity of the Transportation Advisory Committee and review the membership at the next meeting. All voted in favor and the motion carried.

Nominations

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

1. Equalization and Review - 1 vac.

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

2. Retired Senior Volunteer Program Advisory Council - 1 vac.

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

3. Juvenile Crime Prevention Council - 3 vac.

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

4. Community Child Protection Team - 4 vac.

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

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

Commissioner Gordon nominated Keith Shelley for reappointment. There were no other nominations. Commissioner Gordon made the motion to suspend the rules and appoint Mr. Shelley. All voted in favor and the motion carried.

6. Fire and Rescue Advisory Committee - 1 vac.

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

7. Henderson County Board of Health - 2 vac.

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

8. Nursing/Adult Care Home Community Advisory Committee - 11 vac.

Chairman Moyer nominated Pat Strickland for reappointment to position # 10. There were no other nominations. Chairman Moyer made the motion to suspend the rules and reappoint Ms. Strickland. All voted in favor and the motion carried.

Commissioner Ward nominated Jean Justus to position # 17. There were no other nominations. Commissioner Gordon made the motion to suspend the rules and appoint Ms. Justus. All voted in favor and the motion carried.

EMERGENCY MEDICAL SERVICE ISSUES

The purpose of this agenda item was to update the Board on several outstanding issues associated with our Emergency Medical Services. These items included the following:

1. Advanced Life Support - Fire Departments

2. EMS Stations

3. EMS Plan Committee Charter

The Board was requested to approve the proposal for Advanced Life Support Service for the Fire Departments as requested. The Board was also requested to establish an EMS Plan Committee.

The County Manager and the EMS Staff were present. The County Manager reminded the Board that they had held a special workshop to discuss several issues concerning Emergency Medical Services. At that time, the Board asked the County Manager to start working with the fire departments to address the issue of going to paramedic service. Staff has been meeting discussing this issue. Mr. Nicholson asked Terry Layne, Assistant EMS Director, to come forward and address the issue.

Fire Departments - Paramedic Service

Terry Layne explained that the request from the fire departments was to go to paramedic level. After reviewing that request and discussing it with the County Manager, the fire departments and the Medical Director, they felt it would be best if the fire departments first went to IV level and master that before going to Paramedic Level. The fire departments in question are being asked to update their service to an EMT-IV (intermediate level) where they can start IV fluids, give some medications, and continue to use the automatic external defibrillators. It is an advanced life support level which has to be approved through the office of Emergency Medical Service. Terry Layne stated that the new rules and regulations have not been approved yet through the office of Emergency Medical Services so they are not sure what the requirements will be for the fire departments. They should have the new regulations by the end of the month. The fire departments and EMS need to develop standards. The classes held at the colleges have to be approved by the office of Emergency Medical Services. Those personnel that wish to upgrade their level of service to the EMT- Intermediate must attend those classes and pass them. Their fire department will have to provide liability insurance. Terry Layne explained some of the other detailed qualifications regarding patient care. The fire department will assist with the transportation of the patient to the hospital.

Mr. Nicholson explained that if this process works then there is a natural progression on to the next level which is paramedic service and there would be a new set of policies and procedures at that time.

Chairman Moyer stated that what we=re really trying to improve here is response time and quality of service. He asked Mr. Nicholson to address that issue.

David Nicholson explained that the American Heart Association has a standard of an 8-minute response time that Henderson County wishes to use and strive for. That has been staff=s focus, to get more services to the community that quickly. By using this service, we can now see the capability of the fire departments responding and starting some advanced life support service that could save more patients.

Interested fire departments at this time are Fletcher Fire & Rescue, Edneyville, and Valley Hill.

David Nicholson explained that during the month of December 2001, they placed an ambulance near the Upward Road/I-26 interchange area during the day which is the area where they are requesting to locate the Southern Satellite Station. They responded to 141 calls that originated in the Blue Ridge, Dana, Green River, and Saluda areas. Most response times were cut in half compared to those where they responded from the downtown base station.

Mr. Nicholson has met with numerous people regarding the Satellite Stations issue - Pardee Hospital, Park Ridge, etc. They=ve also been looking at the location for the main station. Staff will be dealing with the EMS Plan during this coming year.

Terry Layne reminded the Board that in 1995, EMS made a proposal to have three stations:

Northwest

South

East

It continues today. He stated that they feel that they desperately need satellite stations in those two areas, south and east, to help reduce response times. Their main goal is to reduce response times and to maintain the standard level of care that they are giving today.

David Nicholson referred very briefly to the Henderson County EMS Plan Committee Charter that was included in the agenda packet.

Mr. Nicholson asked for approval to send out this information formally to the fire departments. It was the consensus of the Board to approve staff sending out the information formally to fire departments and the Fire & Rescue Advisory Committee with the request that they consider the advisability of this and budget implications.

Announcements

Tom Edmundson

David Nicholson invited Tom Edmundson to the podium. Tom Edmundson has been our EMS Director since 1975. He has announced his retirement from Henderson County. Tom Edmumdson has brought Henderson County up to a premier Emergency Medical Service in the State. Mr. Nicholson stated that a reception is being planned in Tom=s honor at the end of the month to give the Commissioners and the community a chance to stop by and thank Tom for his service to Henderson County.

Mr. Edmundson thanked this administration and seven other administrations that he has served with in the past.

Commissioner Ward stated that we are one of the elite EMS Services in the past and he felt it was due to Tom Edmundson. Mr. Edmundson received applause.

Commissioner Gordon

Chairman Moyer informed those in attendance that today was Commissioner Gordon=s (39^th) birthday. Commissioner Gordon stated that it was also her granddaughter=s 4^th birthday, who was born on Commissioner Gordon=s 50^th. What a birthday present! She told Commissioner Ward that having a granddaughter is one of the joys of life.

Commissioner Ward

Chairman Moyer also informed the public that one of our Commissioners has just become a grandfather. Commissioner Ward=s granddaughter was born on Saturday, January 5, weighing in at 6 pounds and 6 oz.

PUBLIC HEARING on Road Names

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

Rocky Hyder informed the Board that the purpose of this public hearing was to receive public comments on the following list of road names:

New Road Names

Evergreen Country Lane

Wyatt Hill Road

Edward Capps Drive

Lilac Ridge Trail

Renaming of Existing Road Names

Requested Name Old Name

Windfall Circle Campground Hill Circle

Washaway Lane Arbor Wood Point Lane

Public Input

There was none.

The Board was requested to approve the presented list of road names.

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

Commissioner Ward made the motion to approve the list of names as presented. All voted in favor and the motion carried.

PUBLIC HEARING on CDBG (Community Development Block Grant)

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

Mr. Nicholson informed the Board that the purpose of this public hearing was to receive public comments on the possibility of Henderson County applying for $400,000 for the 2002 Scattered Site Housing Program. A second hearing is also required before the application is filed.

This is a rehab. program. It is a joint effort of the municipalities and the county. Hendersonville, Laurel Park and Fletcher are participating with us. Flat Rock chose not to participate.

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.

No action was required at this time.

Recess

Chairman Moyer called a 20 minute technical break.

TRANSPORTATION ADVISORY COMMITTEE

The Transportation Advisory Committee was created by the Board of Commissioners on February 17, 2000 when the initial charter of the Committee was approved. This Committee was granted an initial two-year term that is due to expire on February 17, 2002. The Board should consider whether it wishes to extend the term of this Committee. In extending the life of such Committee the Board can either set a term of year(s) or continue the Committee indefinitely.

The County Manager recognized that the Transportation Advisory Committee had been very active and will provide valuable information for the Comprehensive County Plan. For these reasons, he recommended that the Board consider extending the Committee=s term.

The Board had handled this item earlier in the agenda.

Chairman Moyer did inform everyone that there would be a special called meeting of the Transportation Advisory Committee (TAC) on January 9 in the afternoon. It has been indicated that some monies have become available at the state level for public transportation and Henderson County has been encouraged to submit an application for some of the money. The TAC considered this at an earlier meeting and stated they would be willing to apply for public transportation if we could have a reasonable sound trial that could have some potential for being successful. Javonni Burchett from Apple Country Transportation has put together what she feels is a reasonable application and had asked to meet with the Transportation Advisory Committee to get their comments and support with the intention of then coming to the Board of Commissioners with that application and with a request to file it.

FINAL PROPERTY ADDRESSING REPORT (January 2002)

Rocky Hyder informed the Board that the Property Addressing Office had completed the data collection of all the rural routes within Henderson County. This also includes routes that covered the Town of Fletcher and the Village of Flat Rock. The City of Hendersonville will be done during January and February of 2002. The routes that serve the City of Hendersonville also include a very small number of County residents. All of these routes use street numbers that will entail staff doing verification only to ensure that the numbers are in a logical order. The Town of Laurel Park has not yet made a decision regarding any readdressing needed.

Mr. Hyder explained that the following had been accomplished:

C Number of structures field verified 35,746

C Structures added to the building file 9,633

C Structures identified as non-addressable 1,123

C Road miles traveled 1,193

C Unique County and City roads 4,506

C Additions to the road system 301

C Route and Box addresses changed 8,560

C Post Office boxes needing addresses 9,738

C Number of addresses assigned by staff 1,137

C Man hours used 12,183

Notification will begin for a majority of residents after the post offices review route edit sheets. This normally takes about 30 days for the post offices to complete. Mr. Hyder stated that they anticipate finishing the mailings by mid-February to all of the county residents. Due to the shear number of people the Hendersonville Post Office has to deal with, they anticipate some problems with the initial changing of the addresses.

The system was installed on a CAD system within the 911-dispatch center. Dispatchers are still in the process of learning the correct way of looking up addresses. Staff is also working with the staff of the dispatch center to standardize the colors and icons used to display address data.

Mr. Hyder thanked many people for their efforts, their understanding, and their work on the project. This has been a collaborative effort.

Chairman Moyer asked Mr. Hyder to clarify what remains to be done to finish this project. Mr. Hyder stated that the field work has been done on the rural routes in the county. That information is being turned over to the post office so that they can verify the information on the edit sheets the county provides to them. Once that all has been verified, they will return it to our contractor who in turn will institute the mail-out process. The Board will need to set a public hearing to formalize all the addresses and road names that have been issued through the property addressing project.

Chairman Moyer asked Mr. Hyder to come back to the first meeting in March to report back to the Board on the progress of this project. He would be interested in knowing how the mailing goes and what kind of reaction they are getting.

REASSIGNMENT OF CDBG FUNDS

Selena Coffey reminded the Board that there is $41,312 in CDBG funds remaining from the Habitat for Humanity Grove Hills Project. A couple of years ago the Board supported and the NC Division of Community Assistance approved a project for Habitat for Humanity Grove Hills Project. At a recent Board meeting the Board expressed interest in utilizing the remaining funds from that project. Ms. Coffey had been in close contact with the NC Division of Community Assistance (NCDCA) concerning reassignment of these funds. They told her that if the Board supports a proposal and holds a public hearing and sends the proposal to NCDCA, they will consider it as an amendment to the project and Henderson County could possibly use that $41,312 for another project (if approved by them). Ms. Coffey has been in touch with Housing Assistance, HomeAid and Steve Bond was present to make a presentation to the Board about using those funds. The funds must be utilized by May 15, 2002 and must be used for providing water/sewer infrastructure to the project.

Steve Bond felt the Board was familiar with the project - the Village at King Creek. This additional money would definitely help them provide infrastructure to the project and he stated they could definitely spend it by May 15, 2002. They intend to begin putting roads and utilities in beginning in February.

The County Manager informed the Board that Habitat for Humanity did not have any additional use for these funds within the Grove Hills Project. He recommended that the Board direct staff to prepare a proposal to be presented to NCDCA for the reassignment of subject CDBG funds, based on HomeAid=s plan and to set a public hearing.

Commissioner Ward made the motion to set the public hearing for February 4, 2002 at 7:00 p.m. All voted in favor and the motion carried.

Commissioner Ward made the motion that the Board direct staff to prepare a transmittal letter to NCDCA with the details of the project, executed by the Chairman. All voted in favor and the motion carried.

In response to questions, Mr. Nicholson stated that no match is required. Mr. Perkins informed him this evening that the Amatch issue@ is off the table. This certainly helps make up a shortfall within their funding.

LEASE OF PROPERTY ADJACENT TO BROADPOINTE CENTER

Since April of 1997, the Board has on an annual basis approved a lease to Carland Farms, Inc. of approximately 28 acres of property located adjacent to Broadpointe Center. A map of the area was presented for the Board=s review. The most recent lease was effective from February 6, 2001 through December 31, 2001 and allows Carland Farms, Inc. to continue to farm land it has farmed for years.

Wayne Carland had requested that the Board consider leasing the tillable land to Carland Farms, Inc. from January 1, 2002 through December 31, 2002 for a rental amount of $1,834.00. As the plans for the park areas will begin during calendar year 2002, Staff recommended that the Board lease the property to the Carlands as outlined in the proposed lease. The lease agreement that is proposed is substantially similar to the current lease executed by the County and Carland Farms, Inc.

Pursuant to NCGS 160A-272 (made applicable to counties by NCGS 153A-176) the County may adopt a resolution authorizing the execution of a lease agreement, such as the one proposed, without public notice.

Mr. Nicholson has been contacted by another individual in the community who also wished to use that property for agriculture purposes and had heard that the county had the property available. Mr. Nicholson requested that the Board not take action upon this lease and allow him to take proposals from anyone who might be interested in leasing the property. He will bring it back to the Board, probably the first meeting in February. The consensus of the Board was in agreement with the County Manager=s recommendation.

UPDATE ON FACILITIES

Mr. Nicholson informed the Board that the architect was due to come to Henderson County for a meeting last Thursday when the weather turned bad. He was not able to get here. The meeting has been postponed until this Wednesday afternoon or Thursday morning.

Commissioner Ward thanked Commissioner Gordon for her update on the animal shelter. He felt the Board needed to set a workshop and decide which way to go on the animal shelter, a new facility or renovation of the barn on the property.

IMPORTANT DATES

Chairman Moyer had spoken with Commissioner Hawkins, who had a great interest in the scheduled workshop on sewer issues and would not be able to attend it as scheduled for this week, January 10. Chairman Moyer made the motion to cancel that workshop and reschedule it after Commissioner Hawkins returns to work.

1. Set Public Hearing on Rezoning Application #R-07-01 - Gary Barnwell, Applicant

Gary Barnwell had submitted an application requesting that the County rezone an 11 acre parcel he owns from an R-40 (Estate Residential) zoning district to an R-20 (Low-Density Residential) zoning district. The parcel proposed for rezoning is located on the southern side of Willow Road between the intersections of Myrtle Hill Road and O=re Brae Lane. The property is located approximately 2 mile west of the intersection of Willow Road and Adger Drive.

The Henderson County Planning Board reviewed the application at its meeting on Tuesday, December 18, 2001, and voted (5 to 3) to send the Board of Commissioners a favorable recommendation on the request to rezone the property from R-40 to R-20.

Before taking action on the application, the Board of Commissioners must hold a public hearing. Staff proposed that the hearing be scheduled for Monday, February 4, 2002, at 7:00 p.m.

Commissioner Ward made the motion to set the public hearing for February 4 at 7:00 p.m. All voted in favor and the motion carried.

2. Set Public Hearing on Rezoning Application #R-04-01- Hollabrook Farms, A Partnership, Applicant

Hollabrook Farms, A Partnership, had submitted an application requesting that the County rezone a 170.26 acre parcel from an OU (Open Use) zoning district to an I-1 (Light Industrial) zoning district. The parcel proposed for rezoning is located on the south side of Butler Bridge Road between the intersections of Jeffress Road and Valley View Road.

The Henderson County Planning Board completed its review of the application at its meeting on Tuesday, December 18, 2001, and voted (5 to 3) to send the Board of Commissioners a favorable recommendation on the request to rezone the property from OU to I-1.

Before taking action on the application, the Board of Commissioners must hold a public hearing. Staff proposed that the hearing be scheduled for Monday, February 4, 2002, at 7:00 p.m.

Commissioner Gordon made the motion to set the public hearing for February 4 at 7:00 p.m. All voted in favor and the motion carried.

3. Set Public Hearing on Rezoning Application #R-06-01 - Samuel Garland and Others, Applicants

Mr. Samuel Garland had submitted an application, on behalf of himself and other property owners, requesting that the County rezone 9 separate parcels from an RC (Rural Conservation) zoning district to an R-20 (Low-Density Residential) zoning district. The parcels proposed for rezoning are located on the south side of Souther Road across from Candor Drive.

The Henderson County Planning Board reviewed the application at its meeting on Tuesday, December 19, 2001, and voted unanimously (8 to 0) to send the Board of Commissioners a favorable recommendation on the request to rezone the subject properties from RC to R-20.

Before taking action on the application, the Board of Commissioners must hold a public hearing. Staff proposed that the hearing be scheduled for Monday, February 4, 2002, at 7:00 p.m.

Commissioner Messer made the motion to set the public hearing for February 4 at 7:00 p.m. All voted in favor and the motion carried.

4. Request to set Public Hearing on Road Names

The Board was requested to set a Public Hearing for the purpose of formally adopting every address assigned during the Property Addressing Project.

The County Manager recommended that the Board set this Public Hearing. The Board may wish to consider establishing a special called meeting in February for this Hearing.

Chairman Moyer made the motion to set the public hearing for February 20 at 11:00 a.m. All voted in favor and the motion carried.

CANE CREEK WATER & SEWER DISTRICT

There was no business.

MUD CREEK WATER & SEWER DISTRICT

There was no business.

CLOSED SESSION

There was none.

There being no further business to come before the Board, Commissioner Messer made the motion to adjourn the meeting at 8:33 p.m. All voted in favor and the motion carried.

Attest:

Elizabeth W. Corn, Clerk to the Board

William L. Moyer, Chairman