MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON JANUARY 16, 2002

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 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 County Engineer Gary Tweed. Amy Brantley, Deputy Clerk to the Board/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 Don Ward led the Pledge of Allegiance to the American Flag.

INVOCATION

David Nicholson gave the invocation.

Dr. Tom Burnham - Superintendent of Schools

Chairman Moyer introduced Dr. Burnham to update the Board concerning the Career and College Advisement Centers for the High Schools.

Dr. Burnham, on behalf of the School District, informed the Board that the Centers are now open in all four county high schools. At the School Board meeting on Monday evening they recognized the donors: Henderson County Commissioners, Community Foundation of Henderson County, Agfa, Meritor, Henderson County Education Foundation, IBM, MountainBank, Printpack, Selee Corporation, and Steelcase Corporation. A total of $60,000 was raised from business and industry to support the $60,000 matching grant from the Community Foundation making a total of $120,000 cash that went in as an investment to the centers plus the support provided on behalf of the staffing of the centers. He showed the Board a plaque which is being placed in each of the centers recognizing the donors.

He presented a framed Thank You Letter to the Board of Commissioners on behalf of the Henderson County Schools, the Henderson County Community Foundation, the Henderson County Education Foundation, and the Henderson County Greater Hendersonville Chamber of Commerce.

Dr. Burnham stated that the centers are open to the public and are open during and after school hours to make it convenient for the community to use them. He stressed that if members of the community wished to come in to use the Internet to check their stocks or if they wanted to read a newspaper from back home, these things are available. Displaced workers could use the centers to help them look for work.

Qualified technicians are on duty to provide assistance to students in developing their graduation portfolios, accomplishing high school planning, and completing assessments. State of the art computer hardware and software provide students access to timely information relative to higher education, financial aid and their occupations. Mr. Burnham stated that they hope the centers will serve as models for school districts statewide.

Dr. Burnham stated that the Board of Education recognized Monday evening 10 students that scored 1400 or above on the SAT. They had 37 students who scored 1300 or above on the SAT in the Henderson County Schools. We rank 8^th in the State in terms of performance of our students on SATs and we do that testing 66% of our students. Most of the districts that score above us test a smaller percentage of their students.

DISCUSSION/ADJUSTMENT OF AGENDA

Chairman Moyer asked for an addition to Staff Reports - AD@ - EPA Grant for a Mills River Sewer Project.

Chairman Moyer asked for the following additions to Discussion Items:

AC@ - The Greenways Legal Memo.

AD@ - Redistricting Resolution

AE@ - Update of the LGCCA meeting from yesterday

Commissioner Ward asked for the following additions to the Discussion Items:

AF@ - Update on County Facilities

AG@- Revision to the 25 South Corridor Study - schedule to the community

AH@- Photo Identification for County Offices as a security measure

Chairman Moyer made the motion to approve the agenda with the above changes. All voted in favor and the motion carried.

CONSENT AGENDA

Chairman Moyer made the motion to approve the Consent Agenda. All voted in favor and the motion carried.

Tax Collector=s Report

Terry F. Lyda, Tax Collector, had provided the Tax Collector=s Report dated January 14, 2002 for the Board=s review and information.

Tax Releases

County Assessor, Eddie Mitchum, had provided a list of 69 tax release requests for approval by the Board of Commissioners.

Tax Refunds

County Assessor, Eddie Mitchum, had provided a list of 12 refund requests for approval by the Board of Commissioners.

NOMINATIONS

Notification of Vacancies

The Board was notified of the following vacancies which will appear on the next agenda for nominations:

1. Agriculture Advisory Committee - 1 vac.

2. Equalization and Review - 4 vac.

1. Industrial Facilities and Pollution Control Authority - 3 vac.

2. Mountain Valley Resource Conservation and Development - 1 vac.

3. Planning Board, Hendersonville City - 2 vac.

6. Recreation Advisory Board - 3 vac.

Commissioner Messer informed the Board that there are actually four vacancies on the Recreation Advisory Board. They were made aware of an additional resignation at the meeting last night (Joanne Palazzio) because of a conflict with work. Terry Maybin, Ralph King, and Gary Eblen would all like to be reappointed. The Board will take action on these at the next meeting.

Nominations

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

4. Equalization and Review - 1 vac.

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

5. Senior Volunteer Services Advisory Council (formerly RSVP) - 1 vac.

Amy Brantley met with Tracy Kunkler, of Land-of-Sky, last week. We had previously known this Board as the Retired Senior Volunteer Program. Tracy informed Ms. Brantley that there had been two changes in by-laws since we had last heard. They have rolled this Board along with Foster Grandparents and Senior Companion Program into one Board now called Senior Volunteer Services Advisory Council and changed the membership somewhat. Instead of having three members, we now have four. We had two members serving in the Foster Grandparents and Senior Companion Program already. Patricia Sprinkle had been serving as our RSVP member and she is willing to serve again.

Commissioner Hawkins nominated Patricia Sprinkle. A unanimous vote was taken in favor of appointing Ms. Sprinkle to the Senior Volunteer Services Advisory Council.

6. Juvenile Crime Prevention Council - 3 vac.

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

7. Community Child Protection Team - 4 vac.

Chairman Moyer nominated Walter Harper for reappointment to position #6. A unanimous vote was taken in favor of appointing Mr. Harper to the Community Child Protection Team.

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

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

9. Fire and Rescue Advisory Committee - 1 vac.

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

10. Henderson County Board of Health - 2 vac.

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

11. Nursing/Adult Care Home Community Advisory Committee - 9 vac.

Commissioner Hawkins nominated Reva McClure for reappointment to position #23. A unanimous vote was taken in favor of appointing Ms. McClure to the Nursing/Adult Care Home Community Advisory Committee.

12. Transportation Advisory Committee - 11 vac.

This Board had originally been given a two year life. At the last meeting the Board extended that life indefinitely.

Chairman Moyer stated that the current membership is 15 with one from each of the municipalities. There was some discussion of people who have contributed to the committee but could not actually be part of the committee because of the size limitation. They cannot adequately staff the committees as they would like. Chairman Moyer proposed to take the membership up to 18 including four members suggested by the municipalities. He stated that if the Board was not comfortable voting on this today he would propose it for the next meeting. But in any event, he would like for the Board to take action to actually fill the slots with people at the next meeting.

Following much discussion, Chairman Moyer made the motion to increase the size of the Board to 18 including four members suggested by the municipalities and that the Board look to fill the vacancies at the next Board meeting. All voted in favor and the motion carried.

HOME PROGRAM APPLICATIONS

Selena Coffey presented the applications for 2002 HOME Program funds. The two projects are as follows:

13. Home Aid: Application for $165,000 for Phase II of the Village at King Creek

development. HOME funds in the amount of $132,000 were awarded for this project during the 2001 program year.

14. Habitat for Humanity: Application for $100,000 for land acquisition. HOME funds in the amount of $50,000 were awarded to Habitat for the 2001 program year.

Henderson County=s planning level allocation for the 2002 program year is $161,161.00, which is 0.24% ($382) less than last year=s allocation. These applications total $265,000.00, which exceeds the County=s planning level allocation. However, the Board may choose to endorse funds exceeding this amount.

The County Manager recommended that the Board approve both requests for HOME funds. The deadline for applications to be filed with the Asheville Regional Housing Consortium is January 31, 2002.

Ken Perkins, from HomeAid, distributed a hand-out which was a map of the project AVillage of King Creek@. Mr. Perkins reviewed the map with the Board, explaining their plans for the several phases of the Village of King Creek. He made the official request to submit the application for phase II of Village of King Creek for $16,000.

There was some discussion of the Board sending a letter to Mayor Niehoff asking if the City would consider halfing their water and sewer fees for the project. Mr. Perkins stated that the City of Asheville and Buncombe County reduce their water and sewer fees by half. It has been proposed to the City of Hendersonville with no response. Commissioner Ward stated that he would be glad to bring it up at the next Mud Creek Advisory Committee meeting. It was the consensus of the Board to send a letter to the Mayor of Hendersonville with respect to water and sewer fees being halfed for affordable housing projects.

Malcolm McCormack, from Habitat for Humanity, reminded the Board that Habitat deals with families in the 30 - 50% of median income. He endorsed the idea of some abatement for water and sewer fees. They are making application for $100,000 to assist them in buying lots from Housing Assistance at their new development, the Village of King Creek. They will cooperate with them in building together on this project. They plan to build ten homes for very low income families. Mr. McCormack stated that they are trying very hard to keep their mortgages within $60,000 with the housing construction under $40,000. Their loans are generally extended to the families on a 20 year basis at 0% interest. They collect the monthly payments of approximately $250 plus the escrowed taxes which works out to about $300.00 a month payment including the mortgage and the escrow for taxes. They have grown over the past four years from approximately four houses per year to eight houses per year. They have also put in a construction support warehouse on Keith Street allowing them to purchase materials in bulk and to work in inclement weather on exterior wall sections, etc. They have built 51 homes that are now occupied and have three currently under construction. By the end of this year they hope to have completed their 60^th home.

Commissioner Hawkins made the motion to send both applications in for the full amount and hope the Consortium will find a little more money. It was the recommendation of Selena Coffey to tie the two projects together, ask that the applications be revised a little to reflect a partnership between the two. Commissioner Hawkins amended his motion to allow for revision of the applications. Chairman Moyer also asked that staff contact the representative in Fletcher for support of the application, on behalf of the county. All voted in favor and the motion carried.

FINANCING OF MIDDLE SCHOOL PROJECTS

In anticipation of this financing, the County Attorney had prepared a Memorandum of Understanding that should be entered into by the County and the Board of Public Education. The draft Memorandum of Understanding was presented for the Board=s review and had been forwarded to the School Board through its attorney. This document outlines the various agreements between the School System and the County pertaining to the financing and the Projects. The County Attorney has been working with bond counsel on the preparation of a Reimbursement Resolution. She presented that Reimbursement Resolution to the Board at the meeting. The purpose of this document is to outline the responsibilities of the County and of the Board of Public Education in making these projects come to fruition. The County proposes to engage in financing to allow the renovation and construction projects associated with those middle schools to be completed. The Board of Education must transfer fee simple title to the County so that the County can use those school projects as collateral to receive the financing dollars. The County would then lease the projects back to the School System and they would be responsible for the maintenance and the operational costs associated with those schools once they were reopened for the students. This agreement provides that it=s clear that those projects would be used as collateral for the financing. The agreement sets out that the sources of funds that could be used to repay the debt for the financing include the proceeds from the financing itself, the Article 40 and 42 sales tax revenues, the building school building capital funds, or the State ADM funds and general fund revenues. Those are the potential sources of funds that would be used to repay that money. It provides that it will be the Board of Education that would carry out the construction and renovation on the County=s behalf. As part of the financing documents that the Board would see later, they would be entering into an agreement to provide that they can do that on the Board=s behalf. The School Board acted on this on Monday evening, approving it. She requested the Board of Commissioners take action at this time. The total estimated cost is expected to be $13 million for the project but the financing associated with the COPS would be somewhat less.

David Nicholson discussed with the Board the proposed financing of the Middle School Projects, which include renovations to Flat Rock, Hendersonville, and Rugby Middle Schools. It is expected that the Board of Public Education will be requesting the Board=s assistance pursuant to NCGS 153A-158.1 in the financing of these Projects that are estimated to cost $13 million.

Mr. Nicholson distributed a hand-out which included the Schools Capital Funding Chart and the tentative schedule for these projects. He explained that there were a few changes in the Funding Chart from the last time the Board saw it. They include the reduction in funding for the Public Schools Building Capital Fund (ADM Fund). The State has lowered its projection of the Fund that receives 1% of the State Corporate Income Tax. Also this chart included the projected debt service for the middle grade projects. This financing includes the principle and interest on a 9.1 million dollar debt issuance and 3 million dollars of Qualified Zone Academy Bonds (QZAB). With the reduction of the funding of the ADM Fund, staff was projecting a slight deficit in the chart of $93,014 for Fiscal Year 2002-2003. This deficit could be made up with additional Restricted Sales Tax or an actual higher distribution to the ADM Fund. For purposes of the chart, we have utilized a carry-forward amount of approximately 900 k to reduce the borrowing to $9.1 million.

As for the time schedule, the Board was asked to approve a Memorandum of Understanding with the Public School System which will formally begin the financing project. They are requesting a total of $13 million for these projects. Mr. Nicholson stated that he is hoping to just take liens of two properties. For the QZAB issuance, a lien would be taken on Hendersonville Middle Grade School. The lien for the remaining financing would be on either Rugby or Flat Rock Middle Grade School, if only one lien is required by the financial institution. He explained that we only pay the principle on the QZAB bonds. The federal government will pay the interest or give a tax credit. Mr. Nicholson mentioned the money from the sale of the Fletcher School. There had been some mention of using those funds in association with the shortfall in the Etowah School project. Mr. Nicholson informed the Board that there will be a request for a joint school facilities meeting to have some further discussions about future projects. The original list of elementary schools and middle grade schools will be accomplished by this funding chart and this financing.

Following discussion, Commissioner Hawkins made the motion to approve the proposed Memorandum of Understanding with the Board of Education. All voted in favor and the motion carried.

Angela Beeker distributed to the Board a draft Reimbursement Resolution which Ms. Jackson had prepared. This is so that monies spent prior to the financing being put into place can be reimbursed.

Ms. Jackson briefly explained the Resolution.

Chairman Moyer made the motion to approve the Reimbursement Resolution and authorize its execution and delivery. All voted in favor and the motion carried.

WNC CAUCUS

An effort is being formed to initiate the Western North Carolina Caucus. This effort follows the development of the WNC Parity Report by the Western Managers Association. A meeting for Region B was held on October 23, 2001 to present this idea to many elected leaders from our area. Meetings were held throughout Western North Carolina to present this idea. The response from the attendees was positive toward this discussion.

A proposal to develop this organization was reviewed. It sets forth the basic organizational structure. Leaders in this effort have invited a Commissioner and a City representative from each of the 26 western counties to attend a meeting that will be held on the evening of Thursday, February 28, 2002 in Asheville. Dinner will be provided at no cost to the attendees. A resolution of support for the creation of the organization was also reviewed.

The County Manager reminded the Board that he has been involved in the initial report concerning funding and representation for Western North Carolina. He believes that a joint effort of elected officials from WNC is needed to ensure that we receive our share of State and Federal funds and the proper representation on statewide committees. The development of a Western Carolina Caucus is certainly one way to accomplish these important goals.

David Nicholson, County Manager, recommended that a Commissioner be appointed to attend this meeting who will then be better informed to make a recommendation to the full Board on the issue of Henderson County=s involvement in the formation of the Caucus.

It was the consensus of the Board to send a representative to the up-coming meeting and the Board will plan to appoint someone to serve on this Committee at the next meeting.

HOUSING - revisited

Chairman Moyer went back to the housing issue briefly. He stated that the Board had wrestled with the definition of affordable housing. He did not want to send a letter to the City of Hendersonville asking for water and sewer fees to be halfed without knowing what housing to request it for. He requested staff work on that definition and bring it back to this Board before the letter goes out to the City of Hendersonville. There was discussion that we need to be real clear on what we=re asking and on how much of an impact it could have on the municipality.

Mr. Nicholson stated that he would put it out on the City/County Managers= listserve to see what kind of response he could get from people who have already put them in place.

EPA GRANT - for Mills River Sewer - add-on

Mr. Nicholson had distributed a copy of the grant agreement with EPA for the funds for the Mills River Sewer Project. Staff had reviewed this information and recommended that the Board give approval for it to be signed. It requires the County to fulfill many grant requirements, which is the price for receiving these Federal funds.

Mr. Tweed was pleased to report to the Board that EPA had approved our application for the monies that Congressman Taylor was able to have appropriated for us. He reviewed briefly the grant agreement with the Board.

Henderson County applied for this grant last fall. The total grant represents about 50% of what our project costs will be. The grant amount is $1,451,800. Mr. Tweed stated that there are a lot of hoops to jump through to get this money. He requested Board approval to sign the grant agreement and to move forward with the project. Commissioner Gordon stated that we=re in a very strong position to get this funded and keep it on track and we shouldn=t get too concerned at this point about 50% matches. She stated that we are well in a position to do that.

Following discussion, Chairman Moyer made the motion to approve the Resolution authorizing the filing and signing of the application. All voted in favor and the motion carried.

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 and Sewer District Board. 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.

ANNOUNCEMENT

Mr. Nicholson announced that the water is off in this building until noon.

INFORMAL PUBLIC COMMENTS

1. Mary Singleton - Ms. Singleton addressed the Board regarding their meeting room and asked that they might offer the facility to the Board of Education for use for their meetings. She stated that there are many citizens who are unable to attend the Board of Education meetings but are interested in them and would like to watch them on cable TV. She stated that one of the goals of the Henderson County Public Schools is to improve communication with the public. She also thanked the Board for their support of the School System.

We do not videotape the informal public comment part of the meeting. Chairman Moyer informed the TV viewing audience that during informal public comment there was a suggestion made with respect to making our facilities available for other public meetings, particularly the School Board.

Mr. Nicholson stated that we have offered our meeting facilities to the Board of Ed. and to the municipalities in the past. In most cases we received a very nice letter back saying that if something special ever came up they would consider the use of our room. He stated that we would be glad to again send a letter to the Board of Ed. and to the municipalities. The LGCCA has just started taping their meetings for broadcast here.

UPDATE ON EPA PHASE II STORM WATER PERMIT PROGRAM

Over the past two years the North Carolina Department of Environment and Natural Resources has been working on the implementation of EPA=s Phase II Storm Water Permit Program, which was published in the Code of Federal Regulations in December 1999. EPA has delegated responsibility for implementation of this program to the NPDES Permitting States, as is North Carolina. Staff had been following the development of these regulations and their impact on Henderson County.

County Engineer, Gary Tweed, stated that over the past 10 - 15 years, the State has been developing regulations on storm water. In the early 1990s their phase I program went into place and pretty much affected major municipalities such as Charlotte and some of the larger counties. There were seven entities in the State that had to apply and get their phase I permit. In about 1998 they started developing their regulations for their phase II program and started putting things in the Federal Register as to who was going to be affected by those programs, etc. Mr. Tweed has been following those rules and regulations and felt it was appropriate to give an update to the Board as to where this program is headed and what he sees coming in the next year or so. By March 9, 2003, we have to apply to the State for a phase II NPS storm water permit.

Designation into the Program

The Federal rules pretty much used population as to how they were going to designate municipalities and counties into the program. EPA took the urban areas nationwide (in terms of population). In what they call the Asheville Urban area (he showed on map), it extends out into the central part of Buncombe County. It also extends into the Fletcher area and into Northern Henderson County. As a result of this urban area extending into Henderson County, EPA federally designated the Town of Fletcher and Henderson County to be included in this phase II program. The State also has the authority to designate people into the program or they can petition to be included. We were included in the program by the Federal Government. This designation happened on December 8, 1999. The way the program is going to be administered, however, is EPA delegates that authority to the permitting states as is North Carolina, that has permitting authority for the NPDS permits. These are the same permits that the City of Hendersonville has for their wastewater treatment plant, industry, etc. They are going to administer this program through the issuance of NPDS permits.

Overview and Six minimum control measures

Gary Tweed stated that what the State is looking at for Henderson County is only the last two control measures; the post-construction run-off control and the pollution prevention and good housekeeping.

All the other units of government will have to develop programs that touch on each of these six areas: public education and outreach, public participation and involvement, illicit discharge detection and elimination, construction site run-off control, post-construction run-off control and pollution prevention and good housekeeping.

Administration by the State

The State is developing temporary rules. The program is to be administered by the Department of Environment and Natural Resources through the NPDS permits and the application deadline is March 9, 2003.

Proposed Temporary Rules

They have been developing their rules and regulations as to how to apply and what the program requirements are going to be. Mr. Tweed had a copy of the proposed rules. What they have done, working with the environmental management commission, they have formed stakeholder groups that have been meeting for about 2 years to get input from local governments. They are holding meetings this week on these temporary rules. There are representatives from Western North Carolina involved in these groups and the Division developed these rules and regulations. Basically they say that those counties that were originally designated by the Federal rules, as was Henderson County, shall be deemed to be permitted if they adopt and implement programs addressing post-construction storm water run-off throughout the county=s jurisdictional planning area and the pollution prevention measures for the county operations. If we go ahead and develop programs to address those last two items of the six, then we=re going to be deemed to be permitted and will not have to do the first four. The reason that has happened that way is because the counties in North Carolina do not own roads or storm sewer systems as do municipalities. In their rulemaking process and through this stakeholders group, where the information was coming back in from the counties they were arguing the point that we don=t own roads and stormwater systems so how can we go out and manage those type systems when we don=t own them. So now the State is looking at it from that standpoint. All they are looking for the counties to do is to develop programs to address the last two things; the post-construction run-off control and pollution prevention and good housekeeping.

What Mr. Tweed sees those two things as being would be some type of ordinance, probably similar to our watershed type ordinance that deals with built-upon areas and such and some type of inspection program for those high density areas that do have storm water control systems in place.

What Mr. Tweed is hearing is that the State will be developing model ordinances that we can use to help us develop our ordinances and then working with other counties and municipalities we potentially could do something on a regional basis as well. We could develop programs that would be administered across jurisdictional lines.

During this next year Henderson County must develop permit

application and submit to State by March 9, 2003.

Application should be developed following the adoption of

temporary rules by NCDENR.

Upon issuance of temporary Rules, we must determine our need

for outside assistance (consultants) to prepare the permit application.

Prepare and submit application.

Prepare for implementation.

Mr. Nicholson stated that at this time this is just for more informational purposes to the Board. The Board will start seeing more information on this. Staff is on top of it.

Recess

Chairman Moyer called a 5-10 minute technical recess.

PROPOSED AMENDMENTS TO THE HENDERSON COUNTY SUBDIVISION ORDINANCE

At the October 1, 2001 meeting, the Board of Commissioners received a set of three proposed amendments to the Henderson County Subdivision Ordinance that had been recommended by the Henderson County Planning Board. At that time, the Board decided to take time at a future meeting to discuss the proposed amendments in detail prior to scheduling a public hearing.

Staff reviewed the amendments and was available to answer questions. It was up to the Board to decide whether the amendments were ready for a public hearing.

Most of Proposed Amendment I involves modifications of an amendment related to Adriveways@ that was part of the set of amendments the Planning Board sent to the Board of Commissioners late in the year 2000. The Commissioners did not adopt the Adriveway@ amendment, rather they referred it to the Planning Board for additional work. A new component of Amendment I involves the addition of standards for one-way roads. Proposed Amendment 2 clarifies the road standards applicable to minor subdivisions of 3 or fewer lots and was initiated by staff and the Planning Board to help eliminate interpretation questions. Proposed Amendment 3 clarifies an amendment to the Subdivision Ordinance adopted in November of 2000 regarding construction standards for bridges. It also requires the submission of an engineer=s certification that a bridge has been constructed according to plans before the County signs a final plat or releases an improvement guarantee.

Karen Smith reviewed the three amendments as follows:

15. S170-9; S170-21; S170-27

Driveways, Roads and Right-of-way Access

To reduce confusion about the term driveway; to provide standards for roads serving up to 3 lots; to clarify language related to roads and right-of-way access; to add minimum standards for one-way roads.

Result - The term driveway was redefined. A definition for limited local residential road was proposed to replace the old driveway term. Standards for limited local residential roads and one-way roads have been added. Related modifications were also proposed.

2. S170-13

Minor Subdivision Roads

To clarify the roads standards applicable to minor subdivisions of 3 or fewer lots.

Result - S170-13A(1)(e) and S170-13A(5) have been modified to clarify that only road name approval and right-of-way access standards apply to minor subdivisions with 3 or fewer lots. A typographical error had also been corrected.

16. S170-21

Bridge Standards

To clarify the standards that bridges must meet; to require an engineer=s certification on bridge construction for final plat approval or improvement guarantee release; to remove requirement for NCDOT approval of bridge plans for bridges on private roads.

Result - Proposed amendments provide the County with better assurances that bridges in new subdivisions will be properly engineered.

Chairman Moyer stated that these have been controversial issues. He felt the need for a public hearing to receive public input before moving forward. He stated the Board would set the public hearing under IMPORTANT DATES.

GREENWAYS - add-on

Chairman Moyer stated that the Board has received a request - when the Board discussed the greenway situation references were made to a legal document that was prepared by Mrs. Beeker with respect to some of the issues that the Board had been discussing on greenways. The request was from Bill Blalock and was to make the legal memorandum available, just with respect to greenways.

Chairman Moyer had talked with Mrs. Beeker and she had no problem with releasing that part of her memo to the Board. Chairman Moyer distributed a copy of the portion of the memo that referred to greenways (I did not receive a copy). Chairman Moyer recommended that the Board release the document and move on.

Commissioner Gordon made the motion to release the memo only as it relates to greenways. All voted in favor and the motion carried.

REDISTRICTING RESOLUTION - add-on

Chairman Moyer stated that the Board had received a couple of resolutions regarding redistricting and the Board had been asked to approve one. He stated that it was pretty obvious that the people of the State are outraged at the way the redistricting has been handled by the General Assembly. This is obviously not a new issue. A lot of other states have come up with ways to deal with this issue to try to make it more citizen oriented so it is not such a political process and so it does not abuse the rights of citizens and they get fair representation. Chairman Moyer has distributed all such resolutions that he has received to all the Commissioners. He asked the Board=s pleasure regarding such a resolution.

Following some discussion, it was the consensus of the Board to ask the County Manager to look at what other approaches have been taken with respect to redistricting resolutions and to go forth with a resolution but to try to make the resolution bi-partisan or non political and bring it back at the next meeting for the Board=s consideration.

UPDATE ON LGCCA MEETING from yesterday - add-on

Chairman Moyer updated the Board on the LGCCA meeting from yesterday, stating it was the first time the meeting was videotaped for broadcast on Cable TV.

Greenways was a big item of discussion. Mr. Moyer suggested greenways be placed on the agenda to try to get a better understanding between what the municipalities were looking for, what they were looking for from the county, and whether they were looking for a master plan or not. He felt there was a good thorough discussion of greenways. They agreed that each of the municipalities and the county (if the Board agreed) would take a look at the master plan with the idea of scaling it back to the things each thought were most significant to them. Each will respond back to the Greenways Committee with what they think should be in the master plan. The Greenways Committee will revise their master plan after all this input.

Commissioner Gordon stated that the Greenway Committee is re-evaluating their whole approach. They were very sincere in asking for some direction from the government entities.

It was the consensus of the Board to set a workshop on this issue. There was discussion that after getting a revised copy of the master plan the county should share it with Parks & Recreation for their comments and recommendation to the Board of Commissioners.

Josh Freeman made a presentation at the LGCCA meeting on the 25 South Study and distributed copies of the study to those present. Karen Smith was also present. This will be back on the LGCCA agenda at a later meeting for more discussion. It had been presented to the County Planning Board last night and they will be drafting a letter to get their comments to the Board of Commissioners. The Transportation Advisory Committee meets next week and the report will be shared with them at that time.

Chairman Moyer stated that at the next meeting they will discuss State Mental Health and the WNC Caucus.

Mr. Moyer raised some transportation issues at the meeting yesterday. They will discuss transportation issues again at the next LGCCA meeting. They will also get an update at the next meeting on the County Comprehensive Plan (CCP).

UPDATE ON FACILITIES - add-on

Historic Courthouse - David Nicholson informed the Board that we are currently out to bid for the demolition of the jail. We will be opening bids next week. He hopes to have the award of the bid on the February 4 agenda. The Architects met with County Staff last week.

Human Services Building - Mr. Nicholson has authorized staff to begin preparing the proposals to take the house out on the back of the property. There will be 5 houses removed and some other outbuildings. Some will be torn down and others will be moved. Some of the final meetings with DSS and Health Dept. are happening. He has given them until the end of January to make final decisions about office sizes, etc.

Animal Shelter - Mr. Nicholson stated that the plan is currently in the hands of the Board of Health for their review and recommendation to the Board. Commissioner Gordon stated that it was discussed at the last Board of Health meeting. The subcommittee that is looking at the recommendations from the consultant will be meeting and will get their input to the Board of Commissioners on the project.

EMS - David Nicholson stated that the County has received a proposal from Park Ridge Hospital which he will share with the Commissioners via their mailboxes as well as a proposal from the Blue Ridge Fire Department. Staff has had conversations with both agencies. Mr. Nicholson has also met with Pardee Hospital concerning the EMS Main Station. He asked the Board whether they wanted to take action on the Southern Station before they do something on the Main Station or if they wanted to see it as a full package. They must kinda fit together as one will impact the other so the Board wouldn=t want to do something to be in conflict with the other station. It was Board consensus to move ahead with the Southern station. Mr. Nicholson will put it on the next agenda for Board discussion/consideration.

REVISION TO 25 SOUTH CORRIDOR STUDY - add-on

This was covered above under LGCCA meeting.

PHOTO IDENTIFICATION - add-on

Commissioner Ward mentioned the need for photo identification for county employees for safety reasons.

David Nicholson has already met with two companies who provide photo identification and passed around some examples for the Board to see. Years ago, Henderson County did their own photo identification with a Polaroid camera and laminated them. The cost became too prohibitive. Mr. Nicholson had asked Human Resources to submit this project as part of their budget for the coming year. There have been some discussions about security in some of our facilities with the Human Services Building being a perfect example. There will be areas where we will want to limit access so people don=t just wander around in the building. You can do that through a bar code or a magnetic strip or a Asmart chip@. He assured the Board they will see this as part of the budget presentation this year.

IMPORTANT DATES

Cancellation of Public Hearing

Mr. Nicholson informed the Board of the need to cancel the CDBG Public Hearing scheduled for February 4. The State has requested prior to the public hearing, that we send a letter to them stating the Board=s position on the project.

Chairman Moyer made the motion to cancel the CDBG Public Hearing scheduled for February 4 and authorize the signing and delivery of the letter they have requested. All voted in favor and the motion carried.

CCP Workshop (County Comprehensive Plan)

The Board discussed the need to meet with the CCP Steering Committee. The Board set a workshop for Tuesday, February 5 at 3:00 p.m.

Zoning Ordinance Rewrite Workshop

The Board set a workshop for Friday, February 8 at 10:00 a.m.

Subdivision Ordinance Amendments Workshop

It was the consensus of the Board to have this as a regular agenda item for the first meeting in March.

Sewer Workshop

The Board set a workshop for Tuesday, February 12 at 3:00 p.m.

Change the date of the March 4 Board of Commissioners= Meeting

David Nicholson raised the issue of a possible conflict with the March 4 meeting and the Legislative Briefing in Washington during that same time. Following discussion, Chairman Moyer made the motion to move the March 4 Board meeting to March 11 at 5:30 p.m. All voted in favor and the motion carried.

Set a public hearing for subdivision roads and bridges

Commissioner Hawkins made the motion to set the public hearing for March 11 at 7:00 p.m. All voted in favor and the motion carried.

Workshop on County Facilities

There was some discussion of a need for a workshop on county facilities.

Staff is working with the architect and others to get all the information together for the Board to have a workshop on this project. There was some discussion of the need for a justification from the Sheriff on the use of this building.

MUD CREEK WATER & SEWER DISTRICT

No business.

There being no further business to come before the Board, Commissioner Gordon made the motion to adjourn the meeting at 12:28 p.m. All voted in favor and the motion carried.

Attest:

Elizabeth W. Corn, Clerk to the Board William L. Moyer, Chairman