MINUTES
STATE
OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY
OF HENDERSON FEBRUARY 20, 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.
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: Planning Director Karen C. Smith, Assistant County Attorney Jennifer O.
Jackson, Finance Director J. Carey McLelland,
Public Information Officer Chris S. Coulson, Fire Marshal/Emergency
Management Coordinator Rocky Hyder, Assistant EMS Director Terry Layne, and
Deputy Clerk to the Board/Volunteer Coordinator Amy Brantley.
CALL TO
ORDER/WELCOME
Chairman Moyer
called the meeting to order and welcomed all in attendance.
PLEDGE OF
ALLEGIANCE
Commissioner
Messer led the Pledge of Allegiance to the American Flag.
INVOCATION
Rev. Gus
Martschink, with the Pardee Chaplaincy Program, gave the invocation.
DISCUSSION/ADJUSTMENT
OF AGENDA
Chairman Moyer
asked to add one item to ANotification of Vacancies - WCCA@ so that the
Board could take care of the appointment at the next meeting.
Chairman Moyer
asked to add one item to ANominations@ as #7 - Transportation Advisory
Committee (TAC) - 4 vac. The four
municipalities have made their recommendations for the TAC and he would like
for the Board to take action on those at this meeting.
Commissioner
Gordon added under ADiscussion Items@ as AD@ - Board of Health update on Animal
Shelter.
Commissioner
Hawkins added under ADiscussion Items@ as AE@ - Oklawaha Trail - memorandum of
understanding with the City of Hendersonville.
Chairman Moyer
mentioned the need for two additional items of discussion under closed session.
Chairman Moyer
made the motion for the Board to approve the revised agenda. All voted in favor and the motion carried.
CONSENT AGENDA
Chairman Moyer
asked to pull the minutes AA@ from the January 16 meeting for a
revision. He also asked to pull item AF - Budget Amendment - ADM Fund@. He also asked to pull item AG - Addition to
State Road System@ for comment.
Minutes
Minutes were
presented for the Board=s review and approval of the following
meetings:
January
11, 2002, special called meeting
January
16, 2002, regular meeting (pulled, not approved)
February
5, 2002, special called meeting
Tax Refunds
A list of 20
refund requests were presented for the Board=s review and approval.
Tax Releases
A list of 57
release requests were presented for the Board=s review and approval.
Lease -
Property Adjacent to Broadpointe Center
At the January
7, 2002 meeting, the Board requested the County accept proposals for
leasing the tillable property located adjacent to Broadpointe Center. At this direction, staff advertised the
property in the Times-News classified ads and distributed a packet,
which included a blank lease agreement for the property, a map of the subject
property, and a cover letter explaining the process for proposing a lease. A deadline of February 8, 2002 was
established and published and two proposals were submitted by the deadline.
Mr. Wayne
Carland proposed an annual lease amount of $1,834.00 for the property.
Mr. Allan L.
Henderson proposed an annual lease amount of $2,912.00 for the property.
The County
Manager recommended the proposal with the highest annual lease amount from Mr.
Allan L. Henderson be accepted.
Approval of
Closed Session Minutes
The Board was
requested to adopt the following motion:
Motion - The
following closed session minutes are hereby approved and shall be deemed sealed
as provided by Section 11-6 of the Henderson County Code:
Minutes
for the closed sessions held on February 1, 1999, July 26, 1999, July 27, 1999,
and September 7, 1999 as presented and revised during the closed session of
February 4, 2002.
Budget Amendment
- ADM Fund
Staff held a
meeting with the school system concerning the budget amendment associated with
the State Capital Building Fund (ADM Fund) from the last agenda. The purpose of the budget amendment is to
appropriate funds from the ADM Fund in the amount of $580,578.
During the
development of the Fiscal Year 2000-2001 Budget, funds were appropriated from
the ADM Fund for several capital projects.
However, these projects were not completed until the current fiscal
year. The school system could not claim
reimbursement for the projects until final completion. The school system did not complete the
projects in the fiscal year that they were budgeted. The projects were completed in this fiscal year. Thus, we need to increase the Capital Outlay
budget for the school system.
However, we are
now using the ADM Fund for the purpose of paying Debt Service. The budget amendment appropriates the ADM
revenue and increases the School=s Capital Outlay. However, the net effect on the budget is to
free up Restricted Sales Tax for these now completed projects and allows us to
claim reimbursement from the ADM Fund for the Debt Service.
The County
Manager recommended the budget amendment to the Board for their approval.
Chairman Moyer
had asked that this item be pulled. He
asked for some clarification which Mr. Nicholson gave. This can go back in consent agenda for
approval.
Addition to
State Road System
Staff had
received a petition requesting the addition of Allen Springs Road to the State
Road System. Staff recommended approval
of the petition.
Chairman Moyer
had asked that this item be pulled. He
asked for some added language to be placed on these requests in the future
stating that the Board does not wish for the road to be taken out of order on
the paving priority list. The Clerk
will forward the additional language to the Property Addressing Department for
future Board Action Forms on Road Petitions to add roads to the State Road
System.
Chairman Moyer
made the motion for the Board to approve the consent agenda with the exception
of the January 16 minutes and with the correction in language on the road
petition item in the future. All voted
in favor and the motion carried.
NOMINATIONS
Notification of
Vacancies
The Board was
notified of the following vacancies which will appear for nominations on the
next agenda:
1.
Nursing/Adult Care Home Community
Advisory Committee - 1 vac.
2.
Western Carolina Community Action (WCCA)
Board - 1 vac.
Nominations
Chairman
Moyer reminded the Board of the following vacancies and opened the floor to
nominations:
1.
Equalization and Review - 2 vac.
There
were no nominations at this time so this item was rolled to the next meeting.
2.
Juvenile Crime Prevention Council - 5
vac.
There
were no nominations at this time so this item was rolled to the next meeting.
3.
Fire and Rescue Advisory Committee - 1
vac.
Chairman
Moyer asked for Rocky Hyder to address this item. Rocky Hyder stated that on Monday night the Fire and Rescue
Advisory Committee nominated Richard Barnwell as the seventh member of the
committee. Mr. Barnwell is the current
sitting Chief with Bat Cave Fire Dept.
Commissioner
Ward nominated Mr. Richard Barnwell for this vacancy. Chairman Moyer made the motion to suspend the rules and appoint
Mr. Barnwell by acclamation. All voted
in favor and the motion carried.
4.
Henderson County Board of Health - 2 vac.
There
were no nominations at this time so this item was rolled to the next meeting.
5.
Nursing/Adult Care Home Community
Advisory Committee - 8 vac.
There
were no nominations at this time so this item was rolled to the next meeting.
6.
Industrial Facilities and Pollution
Control Authority - 2 vac.
Commissioner
Ward nominated Diane Grant.
Commissioner
Hawkins nominated Jon Laughter.
Commissioner
Ward made the motion to suspend the rules and appoint Ms. Grant and Mr.
Laughter. All voted in favor and the
motion carried.
7.
Transportation Advisory Committee (TAC) -
4 vac.
Chairman
Moyer informed the Board that yesterday at the LGCCA meeting, the
municipalities selected Jim Clayton from Town of Fletcher to be their
representative on the Western NC Caucus.
He and Chairman Moyer will be attending those meetings as the
representatives from Henderson County.
They will report back to their respective Board and to the LGCCA.
The
four municipalities have recommended the following nominees to TAC:
City of
Hendersonville - Mary Jo Padgett
Town of
Fletcher - Eddie
Henderson
Village of Flat
Rock - John Manners
Town of Laurel
Park - Henry Johnson
Chairman
Moyer nominated these four fill the municipal slots on TAC. Commissioner Ward made the motion to suspend
the rules and appoint all four nominees.
All voted in favor and the motion carried.
There
was some discussion concerning Chairman for the TAC. It was the consensus of the Board of Commissioners to allow the
TAC to elect their own Chairman.
LEPC
ANNUAL REPORT
Pursuant
to Article 2-7 of the Local Emergency Planning Committee By-Laws, the 2001
Annual report was submitted for Board review.
The membership roster for 2002 was also submitted for approval.
Rocky
Hyder, LEPC Chairman, reviewed briefly the report with the Board and answered
questions. LEPC is the Local Emergency
Planning Committee. Mr. Hyder explained
that the LEPC has spent a great deal of time planning for terrorism type
incidents due to the events of September 11th. LEPC was planning for
those type of activities well before September 11th. They have also continued to receive
hazardous materials inventory reports which have decreased to 48 from about
100.
Chairman
Moyer reminded everyone that Commissioners Ward and Hawkins serve on this
Board.
Commissioners
Hawkins and Ward could not say enough about how well LEPC has worked to develop
plans for all types of emergencies.
Mr. Ward stated that our LEPC is the leading LEPC in the whole
state. We are ahead of the curve. He praised the leadership of LEPC.
UPDATE
ON STRATEGIC PLAN FOR CHILDREN
The
Board had received the actual plan which was a separate booklet.
Chairman
Moyer reminded everyone that the Board of Commissioners asked the Children and
Family Resource Center to take a look at all the childrens= issues in the
county and help the Board prioritize
the needs, take a look at what was being done for children and what wasn=t, to
look at what was being done well and to try to come up with a good assessment
and prioritization of childrens= issues and call it a strategic plan for
children. Spence Campbell, Renee
Kumor, and others have been working on that.
Spence
Campbell addressed the Board on the state of Henderson County as it pertains to
our children. He stated that the Strategic Plan for Children was a project
which began with the Board=s approval and support in mid-2000.
Mr.
Campbell presented The Plan=s key findings:
C
The single most important issue they have
found as a result of the planning process was the lack of a comprehensive and
integrated community-wide strategy impacts our ability to provide children and
youth of our community with the resources necessary to achieve their potential. Everything in this plan suggests that we
must change the way we respond to the needs of our young people for two
important reasons:
1.
The absence of a strategy reduces the
efficiency and effectiveness of our overall efforts and eventually will drive
costs to an unnecessarily high level.
This situation will only get worse until we as a community decide to act
in a coordinated and cohesive way in response to this growing challenge.
2.
It is simply a matter of this community
treating its children with dignity and respect as we help them prepare for
their future, a future which will likely have great impact on all of us.
Mr.
Campbell recognized their webmaster, George Collman, who showed a powerpoint
presentation about the results of these efforts.
Spence
Campbell again addressed the Board stating that they need the Board=s support
to continue their efforts to create the strategy he referred to earlier. With the Board=s support, they can begin to
deal with these issues in a manner which will lead to their resolution and
ultimately reduce the cost of caring for our children. They intend to inform local agencies and
municipalities of their efforts and to ask for their input. They will update their data and their
website continuously to support their efforts at collaboration. They also think it might be worthwhile to
ask a university to look at our social issues and their associated costs and
recommend changes which will improve service delivery and reduce those costs as
a key aspect of the evolving strategy.
In the meantime the Center will continue to provide selected direct
services for families and children and work together in partnership with the
public agencies which have representatives in our facility.
Mr.
Campbell stated that he was not here today to ask for any financial support,
but it should be obvious that there are costs involved to support this
effort. The Center has used its own
funds to develop and create this plan; they obtained state funds to support the
creation of their data and web site; they believe the costs of such an
initiative can and should be borne on a fair share basis.
Mr.
Campbell - AAs a concerned citizen, I have seen the many occasions when this
room is filled to capacity with adults who want to voice their opinion about an
important community issue which you have under consideration. You aren=t likely to ever see this room
filled with kids who are here for the same purpose. But their issues are just as important to our community as roads,
greenways, zoning, and other items on your agenda. Will you work with us to ensure that they are ready to take our
places when the time comes?@
Chairman
Moyer asked Mr. Campbell what the next step should be. He stated that discussion needed to take
place about putting a strategy in place to help deal with these childrens=
needs. Mr. Campbell asked the Board of Commissioners to include
in their strategic planning process an identification of the importance of
children to the Board of Commissioners by reflecting that kind of significance
in their planning process and to help bring the agencies together that are
involved with children to continue to work to develop an enhanced service
delivery for children.
There
was some discussion of sharing this document with others in the community such
as: Public Library, Board of Health, DSS, School Board, Parks & Recreation,
State Legislators, etc.
Following
much discussion, Chairman Moyer stated that the Board is comfortable accepting
the report, congratulated them on the report and thanked them for all their
hard work into the report. The Board is also comfortable releasing it or
sharing it with others as stated above. The Board should begin to incorporate
it into our Comprehensive County Plan (CCP).
Their
web site is: OurKidsonLine.Org
UPDATE
FROM BOARD OF ELECTIONS
There
have been major changes to the election laws in 2002.
Director
of Elections Beverly Cunningham introduced two of her Board members who were
present: Chairman Tom Wilson, Betty
Gash. Ms. Israel was unable to attend
this morning.
Ms.
Cunningham stated that the election season officially began on Monday with the
opening of the period in which candidates can file for office. They hope there will be no delay in the
primary but of course there still are some civil litigations being heard in the
courts. Today there is a hearing
scheduled in regard to the State House and State Senate redistricting. The U.S. Supreme Court is going to hear
arguments on March 27 in regard to the lawsuit which Utah has against the State
of North Carolina in regard to additional Congressmen. These litigations still have a possibility
of creating major disruption in the 2002 elections.
The
office has recently been working on list maintenance of the registration
records. This is required by the State
and Federal Government. They mailed out
approximately 14,000 verification cards and have received almost 7,000 of them
back marked undeliverable by the post office.
Ms. Cunningham stated they then have to mail out an additional
confirmation card to each of those 7,000 voters and if the cards are returned
by the voters then they have to pay for the postage through their business
reply for the return of the cards. In
addition to the mailing costs involved, there have been major printing costs
involved in this process. They have
already spent approximately $7,500 in postage and printing for this one
requirement of the law and they are only halfway through the process.
She
stated that they have been working on the realignment of the precincts for the
upcoming elections. They hope to have
this accomplished within the next 30 days, in time for the absentee voting to
begin. When the realignment is done
then a mass mailing will have to be done to several of the precincts to notify
them of changes in the precinct lines, polling place locations, and the new
districts.
Ms.
Cunningham stated that her office has been able to accomplish this with no
temporary help and no additional funds from the County so they have had to
reduce some of their other line item costs and try to cut back. Of course, they realize what is happening
with the State Budget. The major item
they will cut back in their budget is the satellite polling place. The State had hoped that every Board of
Elections in the State would have a satellite polling place for the
primary. Henderson County Board of
Elections will not have a satellite polling place for the primary. They will do all the one-stop voting and all
the mail-outs from within their office.
They will need a couple of additional computer work stations because two
computers they have are not compatible with the new State system. They do hope to have a satellite polling
place in the fall, beginning in October.
They hope to use a City facility. It will begin the third Thursday
before the election. There will be
voting on Saturdays this year. It is
required by law to vote at least until 1:00 p.m. on the Saturday before the
election. Local Boards have the option
of voting until 5:00 p.m.
Ms.
Cunningham reviewed briefly some of the changes in the Election laws:
C
The candidate filing period is now going
to be the second Monday in February through the last business day in February
before a primary. This is set up to be
a permanent change. This creates a
shorter time for the Board of Elections to design the ballots, have them
printed and approved by the State.
C
The most important change in the new law
is the no-excuse voting in all elections.
No excuse absentee voting will be permitted in the traditional mail-out
absentee voting as well as for the one-stop absentee voting. This is going to have major impacts on
printing costs, postage costs and staff requirements to process and receive all
these paper ballots. The only
preparation their office can do is to make a good guess on how many voters are
going to use this option. With the
massive interest in the U.S. Senate race and possibly even some of the County
races, they expect a larger average turn-out for a primary. They must prepare for this unfortunately
which means money.
They
expect to receive the new law book in March.
She told the Commissioners if any of them had questions after reviewing
the summary of the new election laws to please contact her.
The
County Manager stated that some of the changes in the election laws will affect
the County=s budget. At this point, the
Board of Elections have not requested any additional funding. However, as he has reviewed the changes, he
believes that there are several mandates that will require additional County
funds.
Ms.
Cunningham does not expect to request any additional funds for this year. They will cut what they can. In the next budget year when they have the
satellite polling place in November, there will be some additional costs.
BUDGET
ISSUES
Due
to the actions of the Governor, Henderson County is again faced with making
changes within its budget. Henderson
County was scheduled to receive $608,646 for the second payment of the
Reimbursement for the elimination of the Inventory Tax and $46,105 for the
Homestead Property Tax Exemption.
Within this total of $654,751, the Fire and Rescue Departments were to
be distributed $31,007. This leaves a
net loss of $623,744 to the County=s budget.
Chairman
Moyer informed the Board that at the LGCCA meeting yesterday there was a strong
support from our municipalities that we would all work together rather than
against each other to the point that if this Board of Commissioners was in
agreement, LGCCA would support sending letters from the Board and the LGCCA as
an entity complaining about the budget cuts and their effects on us. Each government body is going back to their
body for support of this. He asked the
Board to lend their support to this and work together with the municipalities
through the LGCCA independently and through them to put pressure on the
Governor and the State to reverse this and to come to grips with their budget
problems.
Following
much discussion, there was support for sending letters on behalf of the County
and the LGCCA that we will work together and that we certainly condemn what is
happening with the budget and discuss its effect on us and try to demand that
we get the monies that are legally owed to us.
There
was some discussion that every county in North Carolina needs to be in a
position to levy the 2 cent sales tax as soon as possible. This local levy would begin July of
2003.
Mr.
Nicholson briefed the Board on the measures he had taken to address the
Governor=s actions to freeze our reimbursements for the Inventory Tax and
Homestead Exemption. The net effect
affects the County=s budget in the amount of $623,744.
1.
Positions He has frozen all currently open
positions and any other positions that become vacant the remainder of the
fiscal year. As was our practice last
year, he will consider filling essential positions with other offsetting
savings within the department.
2.
Departmental Reversions
He has requested a reversion from
each of the County=s
departments in the amount of 2% of their budget
including personnel costs. This savings
should amount to approximately $667,694 in savings for this fiscal year. To assist with this reversion, the following
specific actions have been taken:
a. Capital
Outlay He has frozen all
capital outlay accounts. He will again
consider the
authorization of purchase orders for emergency or crucial items.
b. Travel
With the exception of travel
already committed or training for required
Certifications, he has frozen all travel funds associated with
conference and training
programs. He has also requested that the Department
Heads monitor all travel.
c. Purchase
Orders All submitted orders must
include a written justification for the need
of
the supplies/equipment.
In
working with the Department Heads over the past week, he felt that it would be
important to identify specific individual department savings to assist the
reversion. As of this date, he has
already identified items amounting to $619,532.
Mr.
Nicholson believes that these measures allow us to appropriately address the
financial burden placed on us by the Governor.
Staff has begun to place measures within the current budget to ensure
these savings and is developing a budget plan for Fiscal Year 2002-2003.
There
was much discussion concerning the budget cuts. Mr. Nicholson was asked to bring back to the Board a list of the
effect of each of the budget cuts so the Board can review them in more detail.
There
was some brief discussion of sales tax.
INFORMAL
PUBLIC COMMENTS
1.
Howard Wiser - Mr. Wiser stated that he is not
against bikers. He is against the
noise, the traffic and the aggravation that this event will bring to our
county. He stated that Mr. Myron is
spending a lot of money to prepare for this event but it certainly is not all
being spent in Henderson County. Much
of it is going to Buncombe County. He
stated that Mr. Myron will certainly have a problem with getting signatures
from the residents that live in the 1,500 foot buffer zone. He also mentioned
the threat of a fire from the fireworks.
2.
Bob Jones - Mr. Jones lives at 116 Drexel Road and
is an officer of the Enchanted Forest Homeowners Subdivision and spoke
representing several property owners with property contiguous to where the
Biker=s Bash is proposed to be held. He
is not against the event if it were held in a better location for it. The property is located in the 100 year
floodplain. He stressed again that the
property owners within the 1,500 foot area have to sign a waiver and have it
notarized and none have been signed as yet.
He asked why Mr. Myron is allowed to proceed without the permission
slips being signed. If they are not
going to be signed, the residents want to take the legal remedies available to
them and want to proceed with those legal remedies now, not in June. He stated that there are 12 pages on the
web advertising this event. Those pages
need to be retracted as well as magazine ads.
They have been advertising this event since January 18. Mr. Jones feels that new web pages and new
ads need to indicate that this will not be held where proposed and needs to be
advertised for the same length of time.
Chairman
Moyer informed Mr. Jones that this item will be discussed, later on the agenda.
Recess
Chairman
Moyer called a short recess to change videotapes.
PUBLIC
HEARING on Economic Development Incentives - BorgWarner Cooling Systems, Inc.
Commissioner
Hawkins made the motion for the Board to go into public hearing. All voted in favor and the motion carried.
Scott
Hamilton of the Committee of 100/Chamber of Commerce requested the Board to
consider granting economic development incentives to BorgWarner, a business
having a plant located in Henderson County in the Cane Creek Industrial
Park. BorgWarner has recently announced
its desire to add a new injection molding operation in order to increase its
manufacturing capacity in the Cane Creek plant. The net taxable capital investment for such expansion is expected
to be $4.673 million. BorgWarner has
announced that the new operation will create a total of 50 new employment
positions paying an average wage of $13.00 per hour.
BorgWarner
requested economic development incentives from the County in an amount of
approximately $93,460 as partial reimbursement for the start-up costs
associated with its plan to add a new operation.
A
draft incentives agreement was presented for the Board=s consideration.
NCGS
158-7.1 requires that the Board hold a duly advertised public hearing on the
proposed economic development incentives prior to approving the same.
Mr.
Hamilton informed the Board that the Town of Fletcher has scheduled their
public hearing for economic incentives for BorgWarner for February 28.
Mr.
Hamilton informed the Board that David Jones, Plant Manager of the local
operation of BorgWarner Cooling division was present today as well as Bruce
Webber, Bob Williford, the President of the Chamber of Commerce, and Ray Burrows who is the existing Industry
Retention Specialist with the North Carolina Department of Commerce.
David
Jones showed a brief Power Point presentation of their Fletcher Plant history,
present business, and expansion project.
The plant was originally built in 1976.
They currently have about 160,000 sq. ft. of manufacturing space. They
are located on 54 acres with just over 400 employees currently. They had about
$108 million in sales last year.
Between 1976 and 1986 all the Viscous production was moved from
Marshall, Michigan down to the Fletcher facility. In August of 1996 they began to make a single plastic fan product
to go with their Viscous fan drives.
They completed a plant capacity expansion in 1997 and in 1999 the
division was sold by Eaton Corporation to BorgWarner. They manufacture the Viscous fan drive which is part of the
engine cooling system. Their products
are located on pick-up trucks and sport utilities that are rear wheel drive and
they have been making a single application, a plastic fan. Their expansion plans are to begin a wide
variety of plastic fans not only for the light truck markets but for some of
the commercial truck markets also. They have received specific awards for
outstanding performance from some of their customers; Ford, Chrysler, Toyota,
and John Deere. They are in the process
of moving from traditional mechanical drives to electronically controlled
drives. They will begin to launch this
product later this year. They have been
making plastic/nylon fans since 1996.
They are preparing to move into a much more diverse application base for
their nylon fans. Their business is
divided up into three or four products they refer to as light duty. Their medium duty products are primarily
dominated by the pick-up trucks with General Motors and their full size sport
utility vehicles. Their new Vistronic
products are slated for the next release of the Expedition and they are slated
to be on the next version of the F series pick-up. Some of their heavy duty products range from delivery vans to
some of the largest tractors John Deere makes.
Some of the cooling fans they make today are relatively limited for the
small series pick-up trucks of General Motors and the Blazers and they have a
small piece of the new Jeep Liberty portfolio.
They have one application where they=re putting a plastic fan on
that. In their market is rear wheel
drive vehicles which translates mostly into pick-up trucks and sport utility
vehicles. Their dominant customers are
Ford and General Motors. They have
almost all of the Ford business. Ford
is about 40% of their business. General
Motors is about 40% as well. They have
some of the small pick-ups and most of the vehicles built off GMs larger platforms; the large sport utilities and the
large pick-up trucks. Chrysler is about
10% of their business. They have
applications on the Jeep Liberty, Durango, Dakota and Ram. A premiere line continues to be that with
the big green machine, John Deere. They
have some other customers; Freightliner, John Deere, and Isuzu who make up the
other 10% of their business. They make
high volume applications for vehicles such as the Silverado pick-up and the
F-Series pick-up. They make low volume applications for vehicles such as John
Deere which take much larger units, much lower volume applications and they
have one cell that makes plastic fans.
They machine aluminum die castings, they turn steel forgings, they do
mechanical assembly and tests and they injection mold.
They
mold plastic fans and have the capability to mold the fans so that the blades
overlap which gives them an advantage in moving a lot of air but can move it
more quietly.
He
discussed their fan expansion. They
currently have three molding machines.
They plan to move equipment from their sister facility into the Fletcher
operation. They expect to spend about $650,000. They expect to transfer assets from the facility in Georgia that
will be closed of just over $4,000,000 which brings their investment somewhere
around $4.7 million. They expect to
hire between 50 - 60 people.
Commissioner
Hawkins stated that BorgWarner had been a good citizen in Henderson
County. The product they manufacture
not only lends to added horsepower to engines but it also leads to reduction
and improves gas mileage in automobiles and that translates into pollution.
Public
Input
There
was none.
Commissioner
Hawkins made the motion for the Board to go out of public hearing. All voted in favor and the motion
carried.
Commissioner
Hawkins made the motion to approve the amended agreement with BorgWarner
Cooling Systems, Inc.(a Delaware Corporation) and to authorize execution and
delivery. All voted in favor and the
motion carried.
PUBLIC
HEARING on Street Names and Addresses
Commissioner
Ward made the motion for the Board to go into public hearing. All voted in favor and the motion
carried.
Rocky
Hyder reminded the Board that the purpose of this public hearing was to
formally adopt every address assigned during the property addressing project.
He had entered a document of about 700 pages of addresses with the Clerk. There are 34,762 addresses in the
document. About 8,500 of those are
affected by a rural route change. Many
of the addresses in the document were good addresses that were just verified by
staff.
They
have had 155 new addresses come through their office since January 1st
as well as 25 new roads.
Mr.
Hyder informed the Board that the post office has decided that they need to
count their rural routes (an internal audit) and in doing so they will not be
able to assign any new addresses for about a month=s time. Mr. Hyder and his staff have finished
notifying everyone in Bat Cave, Gerton, Fletcher, Saluda, Zirconia, portions of
Flat Rock and the Hendersonville post offices.
Not all of those changes were affected by the post office regional
office before the counting began (internal audit). Therefore, the Hendersonville post office has suspended all of
our operations until they finish their internal audit. As part of the counting process, the post
office issues new rural routes. This
does need to be done cooperatively, otherwise people would get a new rural
route and then we would assign them a new property address.
Mr.
Hyder informed the Board that his staff, working with the City of
Hendersonville and the Town of Laurel Park, have completed identifying over
3,000 addresses. Laurel Park has
decided to participate but reserves the right to approve or disapprove certain
changes (mainly condominiums in Laurel Park).
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.
Commissioner
Hawkins made the motion to approve the street names and addresses as presented
by the Property Addressing Manager. All
voted in favor and the motion carried.
PUBLIC
HEARING on 2002 Community Development - Scattered Site Housing Application
Selena
Coffey reminded the Board that this public hearing was to receive public
comments on Henderson County=s 2002 Community Development Block Grant (CDBG)
application for the Scattered Site Housing Program. A copy of the application
was presented to the Board for review. The application was prepared by
BenchMark. The Board reviewed the
application at their last meeting and received a copy in its final form with
their agenda materials. This is the
second public hearing, required for the Scattered Site Housing Program.
Commissioner
Hawkins made the motion for the Board to go into public hearing. All voted in favor and the motion carried.
Ms.
Coffey stated that there were three representative from BenchMark present and
available to answer any questions from the Board. The Board had suggested some changes to the application at the
last meeting. Those changes have been
made.
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.
Commissioner
Gordon made the motion to authorize the Chairman to sign the scattered site
housing grant application. All voted in
favor and the motion carried.
QUASI-JUDICIAL
HEARING - Application for Statutory Vested Rights
Final
Phase of Lakewood RV Resort
Application #VR-02-01 by Howard M. George
Chairman
Moyer stated that this has to be conducted as a quasi-judicial proceeding.
Commissioner
Hawkins made the motion for the Board to go into public hearing. All voted in favor and the motion carried.
Chairman
Moyer - AThis is a quasi-judicial proceeding being held today on the petition
... with respect to statutory vested rights for the final phase of Lakewood RV
Resort. As you know from past
proceedings, a quasi-judicial proceeding is much like a court proceeding. It is a proceeding in which one=s individual
rights are being determined. The
proceeding will be conducted under the Henderson County Board of Commissioners
Rules of Procedure for Quasi-Judicial Proceedings. Only persons who can demonstrate that they will be affected by
the outcome of the decision are allowed to participate and that=s determined by
the Board with advice from Counsel. All
persons who speak and participate, including any witnesses that will be called,
will be placed under oath. The Board
will ask the petitioner or the petitioner=s attorney what evidence the
petitioner wishes to present in support of the request. After the petitioner is finished, anyone
else who has expressed a desire to be a party and who the Board has recognized
as a party would then be allowed to present their evidence. All parties will be given an opportunity to
ask questions of all witnesses testifying
in this proceeding. The Board
will be given an opportunity to ask questions also at any time. After the evidence is presented the Board
will discuss the issues raised and will make a decision. The Board=s decision must be made in writing
within 45 days of the date of this hearing.
The best I can tell on checking with the County Attorney, this is the
first proceeding we=ve had under this statutory vested rights. We=ve had
common law vested rights issues and this is you know vested rights based on
common law, what people do and things like that. But this is under a specific statutory reference and a County
Ordinance so we=ll have to work our way through and I=m sure we=ll have some
discussions for Counsel as we proceed because it is something new and something
a little different than you might have ever experienced, something I have never
experienced in a quasi-judicial hearing and the law is a little different than
anything I=ve ever experienced so between the two of us it raises, will raise
some interesting issues as we go forward.@
Angela
Beeker - AMr. Chairman, if it pleases the Board I do have some comments to kind
of explain the basis for the Ordinance so you can - and I=m saying this as part
of the hearing so if the parties or Counsel for the parties would like to
disagree or explain further any of my comments they are welcome to do that as
part of their comments.@
Chairman
Moyer - ACan we identify the parties?@
Angela
Beeker - ASure@
Chairman
Moyer - AAnd then I=m gonna let the parties speak so@
Angela
Beeker - AOK@
Chairman
Moyer - AWe=ll now proceed to identify all parties to the proceeding. We=ll start with the petitioner and let me
see who is going to speak on behalf of the petitioner. Would you come forward sir and give us your
name.@
Howard
George - AGood morning Chairman and Board.
My name=s Howard George and I represent Bill and Barbara Hoffman who are
the owners of Lakewood RV Resort.@
Chairman
Moyer - AAlright just stand there for a moment. And the Planning Staff - who will be representing - Karen you
will be handling, alright, from the Planning Department. Are there any other persons present who can
demonstrate that they will be affected by the outcome of this proceeding and
who wish to be a party?@
Commissioner
Ward - AI see two.@
Chairman
Moyer - AAlright would you come forward sir and identify your name, address,
and what your interest is in being part of this proceeding.@
Allan
Henderson - AHi, I=m Allan Henderson, manager of C.L. Henderson Produce. We have an apple orchard which adjoins
Lakewood RV Park and by the plan as it is set now it will affect our procedures
of spraying, pruning, and operating that orchard if he continues as the way the
plan is set. There is no buffer for us
to protect us.@
Chairman
Moyer - AAlright, that=s enough for this time.
Is there any objection to Mr. Henderson being a party to the
proceeding. I think he=s established a
clear interest.@
Commissioner
Ward - AI see another young lady back there had her hand up, Ms. King.@
Chairman
Moyer - AWould you come forward please and indicate your name and your
interest.@
Ruby
King - AI=m Ruby King and I live directly across from the RV Park, the west
side of Ballenger Road. I don=t have a
lot of problems. I just have a few
questions I=d like to ask. I=m
interested to know if they are going to be bringing in sewer and the water and
sewer because the sewer.@
Chairman
Moyer - ALet=s hold your questions till we get into - does anybody have any
objection to Ms. King being a party to the proceeding? Alright thank you. Just stand there for a moment.
Is there anyone else who would like to be a party to this
proceeding. Yes sir.@
Howard
George - AI have brought along our surveyor and engineer, the Pattersons,
William and Paul and also our Attorney, Lex Veazey.@
Chairman
Moyer - AAlright.@
Angela
Beeker - AThey don=t need to be parties.@
Chairman
Moyer - AThey don=t need to be identified as parties. We=ll swear them in in a few moments but is there anybody
else? They will be representing you so
they are part with you. Is there anyone
else that we haven=t identified here that wishes to be. Stay here Lex we=re gonna have to bring you
back in a minute anyway. And Bill you
and son can start to come up. Is there
anyone else who would like - thinks they have an interest or would like to be a
part of this proceeding? Alright then
for purposes of the proceeding we have the petitioner, Howard George. We have staff Karen Smith. We have Allan Henderson and Ms. Ruby King. Is that correct? Alright, I=ll call the witnesses that intend to come forward and
all the parties will go over to the Clerk and be sworn in. Give your name and address to the Clerk and
she will swear you in.@
Elizabeth
Corn - AI need each of you to place your left hand on a Bible, touch with your
left hand and raise your right hand. Do
you swear or affirm that the testimony you shall give to the Board of County
Commissioners shall be the truth, the whole truth, and nothing but the truth,
so help you God?@
In
unison - AI do@
Chairman
Moyer - AYou can return to your seats now.
We will call you as we=re ready for that part of the proceeding. And now the County Attorney, Mrs. Beeker.@
Angela
Beeker - AThank you Mr. Chairman.
Because this is new to the Board - um I wanted to take the opportunity
just to give a basic explanation um and purpose statement for the
Ordinance. Um as the Chairman said this
Ordinance is a method that a property owner can use to establish a vested right
to develop his or her property. Now as
you will recall there are three ways that people can establish vested
rights. The Chairman mentioned the
common law. Common law vested rights
require among other things that substantial expenditures towards completing the
project be made. Another way is to secure
a building permit; however, a building permit does not vest an entire project. This is a third method that the General
Assembly has put into place to basically allow a property owner to become
vested in his or her development prior to having to expend substantial amounts
of money. Um and basically what the
General Assembly has done is balance their interest in completing a development
but balancing it with your interest and the Zoning Administrator=s interest in
knowing what is permissible and what can be enforced and the public=s interest
by having an opportunity to participate. This was intended I believe more for traditionally zoned areas
because as part of the hearing in a traditionally zoned area, you would make
sure that before you approve the plan
that it complied with the zoning classification. In this case, the property is zoned Open Use so there are no
specific requirements - zoning requirements that this development would have to
make so it=s a little bit more ended I guess in this case. I don=t believe that the intent of this
vested rights ordinance is to superimpose a higher level of regulation than the
development would be subject to today.
Um or without some sort of zoning change. But on the other hand I don=t think it=s intended to exempt them
from anything that they have to comply with today either. It=s not intended to exempt them from future
changes in State regulations - um - primarily to protect them from future
zoning changes so that if this property were to be rezoned to a district that
did not allow this use or that imposed some more stringent requirement on this
use they would be vested to develop in accordance with the plan before you
today, if you approve it. Um - even
though there are really no specific county standards in the zoning ordinance
that are applicable today, they also are not subject to our subdivision
ordinance or the manufactured home park ordinance. I don=t think the legislature intended it - to leave it
completely open-ended to vest them from things that might pose a danger or a
threat to the public health, safety, and welfare. Both the Statute and the Ordinance allow you to consider things
as part of this process that might pose such a threat. Anything that you consider would have to be
based on evidence presented at the proceeding and I don=t believe the burden is
on the developer to show that there is absolutely no danger or threat. It=s more if things are raised that would
tend to indicate that there is a danger or threat, then they would have to
produce evidence specifically on that specific danger or threat posed. Does that make sense? I might have just confused everything. Um - the approval will be by Ordinance. It=s not going to be just a simple order
like in a normal quasi-judicial proceeding. There will actually be an ordinance
that will govern this development. Um -
that=s about all I had intended to say.
It=s really to kinda maintain the status quo, primarily from a zoning
prospective that exists today with regards to the development with the
exception of specific threats to public health, safety, and welfare that might
be identified.@
Chairman
Moyer - AI think as you saw on the information though looking ahead to where we
need to get - the - as indicated in the vested rights ordinance we get to the
point the Board may approve or disapprove a sight specific development plan so
we have to have a site specific development plan which we have to work with and
we need to approve or disapprove that on the need to protect the public health,
safety, and welfare. The ordinance goes
on to say the Board may require such terms and conditions they may deem
necessary to protect the public health, safety, and welfare.@
Angela
Beeker - ACorrect.@
Chairman
Moyer - AWe can get to that but we have to look to dealing with this site -
they are required to file the site specific development plan and then our
requirement - our obligation is to act on that plan in some fashion in
accordance with the ordinance. We will
begin with a staff overview of the matter and then we=ll go into testimony
starting with the petitioner and each of the additional parties. The way it will work when we get into the
evidence - each of the parties - first the Board and then each of the parties
will have the opportunity to ask questions of anybody that has presented evidence
and that will work for everybody to present it and for each of the
parties. So you=ll all be given an
opportunity to ask questions. When you=re
asking a question though of somebody else who=s presenting evidence the intent
is you ask them a question. That=s not
your opportunity to put evidence in or try to make a point or whatever. You=re asking them a question about
something that they have presented. So
we=ll kick it off with the staff overview of the matter. And we have Karen Smith from the Planning
Department.@
Karen
Smith - AGood Morning Mr. Chairman and members of the Board. I thank Ms. Beeker for filling you in on
some of the background on the vested rights ordinance. Mr. Howard M. George, on behalf of William
F. and Barbara Hoffman has submitted to you an application for vested
rights, it=s application # VR-02-01,
seeking a statutory vested right under the vested right statute, chapter 189 of
the Henderson County Code. And you have
a copy of Mr. George=s application and site specific development plan and some
other materials in your packet and I would just like to just for the record say
that - offer that as the application for consideration today. The application is for a vested right for
the final phase of Lakewood RV Resort.
The Resort is located on - partially located on Ballenger Road which is
between Upward and Tracy Grove Roads on the East side of I-26. The parcel is in the County=s Open Use
Zoning District and according to the application materials there are currently
110 spaces there for recreational vehicles, travel trailers, and motor
homes. There are actually I believe
five manufactured homes in that first phase as well. The application for vested rights would add 122 additional spaces
for recreational vehicles, travel trailers, motor homes and also what are known
as park models. I do have some photos
of the property if you get to the point where you would like to see those, I=d
be happy to put those up. The actual
site plan itself doesn=t entirely fit on the display. I=m not sure if the applicant has brought a full size plan or not
but we=ll do what we can to show you as we move through anything you need. By definition - I believe Ms. Beeker
mentioned this - recreational vehicles parks in the Open Use district are not
regulated by the zoning ordinance or the manufactured home park ordinance nor
any of the other county land use ordinances; however, there are some other
state and local and possibly federal regulations that would apply to these
developments in general. They just don=t
have to go through a permitting process with us, for example property
addressing, erosion and sedimentation control and the like. Um I=m gonna let
the applicant actually review or walk you through their site plan but I did
want to note that um I did check it to
see how it conforms with the definition of the site specific development plan
in the vested rights ordinance and generally it does conform. One thing that I have asked the applicant to
address in their comments to you has to do with the water and sewer
systems. You see on the plan that there
are lines shown but their applicant materials sorta left a little bit of
uncertainty as to whether or not they actually will move forward with public
systems or stick with the private systems that they have in place currently. But I=d like them to address that. Um we did submit copies of the application
materials to other agencies again we don=t have a particular ordinance to
review this under but we thought for your purposes that we would just at least
send it out to normal review agencies under some of our other ordinances and
see what they had to say and - as my evidence later I can present that to you.@
Chairman
Moyer - ADo that later, right.@
Karen
Smith - AOK. And also we did receive a
letter from Ms. Elizabeth Henderson and I believe we=re gonna hand that out
when Mr. Henderson addresses the Board.
And then just for the record I wanted to note that today=s hearing has
been advertised in accordance with the vested rights ordinance and your
quasi-judicial proceedings. The legal
notice appeared in the Times-News four times and we did send certified mailed
notices to the adjoining property owners and to the applicant.@
Chairman
Moyer - AOK thanks for the overview.
Now we=ll start with petitioner=s evidence - Mr. George.@
Howard
George - AWe don=t have the big - Paul just told me - the big lay-out. Do you all have the individual.@
Chairman
Moyer - AYeah, we have@
Howard
George - AThe - Mr. Hoffman purchased the property in September of 2001 and uh
approximately 20 acres the new site plan the final phase makes up about 9.7
acres, about half the - half the property.
Uh - we uh - our intent is - is to proceed with a 2 - 5 year timeframe.
In researching what=s going on in the area I found that approximately 40,000
cars are going up and down I-26 and it - it just seems so many of those are RVs
and we=re just having a tremendous response to people needing services as to an
RV and it=s amazing to me - I=m basically the general manager and it=s amazing
to me to see the folks coming in that are looking to locate here in Henderson
County. They uh - whether it=s to build
a home or to buy an existing home and so they come in to our facility for
different reasons but that=s one of them that=s really surprised me to see
folks coming in in RVs that are checking out the area. We cater to the people in Florida, six
months here, six months gone and it=s very successful. We uh - we did a little packet as to - we
have a clubhouse, pool, we have those amenities. We have street lights. We
have - I have my onsite manager here.
It=s Bill=s son-in-law and uh - so we=re running a tight ship and we
just see that to move ahead with this open zoning and to submit the site
plan. William and Paul have developed a
site plan for us with the uh - laying out the sewer and the water. We currently have a treatment plant down in
the corner of the existing and it=s about a 15,000 gallon treatment plant. We have our own well and we=re serviced by
uh James and James environmental people.
They check it daily and uh - and again in researching it seems the best
approach to proceed with - with the sewer and water which is the - the big
factors is the possibility of tapping into the city water and increasing the
treatment plant. Uh we=ve talked with
Roy Davis with North Carolina and uh - so it=s a - there is sewer and water
down at the Motel and there=s a fire hydrant there at the end of Ballenger Road
so those services are available. It=s
amazing uh since 9-1-01 the uh - people are traveling more on the road now instead
of flying and uh we=re finding that to be true. RV sales across the country are up about 12% so we feel good
about uh moving ahead with a good timeframe and a good schedule having the
services available and uh it=s a great piece of property. The location=s great. Uh - that whole area
out there is just - but yet we=re kinda off the beaten trail and it=s - people
really enjoy the facilities. I guess
that would be about it on uh.@ While
he was up he had staff put a site plan up on the screen.
Chairman
Moyer - AWould you call your - your witnesses and then we=ll take questions at
the end of that.@
Howard
George - AUh Paul Patterson, our engineer, can address the uh - the sewer and
water better than a lay person like myself.@
Chairman
Moyer - AOK, Mr. Patterson.@
Paul
Patterson - AI don=t know if it=s morning or afternoon anymore but uh.@
Chairman
Moyer - APretty close@
Paul
Patterson - APretty close - uh - the existing system out there is a well. Uh - I haven=t done a lot of research on it
but if you look at the plan you can see a well. I can=t remember which lot it is. Lot # 71. Now in order to
protect that well we need a 100 foot radius uh . . . so you can see that would
affect a lot of lots so basically you know for a fact they=re probably gonna
tie into water uh from the city. It=s
at Ballenger Road and Upward. It runs
on up to uh Petree Racing - the building up there. That=s the easy part. Put
in a master meter, tie it to the existing water lines that we have there and we
can cut the well off. That=s pretty
simple. The hard part right now is
deciding how we=re gonna handle the sewer.
The plant that is existing will handle 100 units - OK we don=t have capa
- we don=t have 100 units now on site so something has to be done. No matter what we do, if we upgrade the
system or we tie into the City of Hendersonville through a force main, we have
to go through NC DENR through Roy Davis so that - that decision hasn=t been
made yet. That=s gonna be pure
economics, which is the most feasible. OK. So that decision hasn=t been made as
of right now but the sewer and water issue have been looked at, we=re ready to
move with it but we don=t want to move until we know what we have to do.@
Chairman
Moyer - AOK. Mr. Hawkins@
Commissioner
Hawkins - APaul, do you know if prior to the county releasing the - the sewer
system to the city - there was a lot of that area that had some
pre-authorizations for - for sewer that they had not tapped into yet. Do you know if this area - or this lot owner
has any of those?@
Paul
Patterson - AI do not know of that. I mean the closest sewer we=re looking at
is down at the intersection - the Triangle Stop - at the intersection down
there at - at I-26. That=s the closest
sewer that I know of. Uh - talking with
the city - they talked about we could run gravity sewer down Dunn Creek but
that=s not even financially uh feasible.
That would just make this project uh just die real quick. Force main is the only option. That=s not the best solution but that=s an
alternate solution from upgrading our package plant. That=s what we=re looking at now.@
Chairman
Moyer - ADidn=t they run sewer into the Hotel down there?@
Paul
Patterson - ABut you=d have to go through a lot of - a lot of lots - a lot of
parcels of land to be able to get through and I=m not sure you could due to the
topography.@
Chairman
Moyer - AAlright - well your other witness - Mr. Veazey - are you gonna call
Mr. Veazey?@
Paul
Patterson - AYes.@
Lex
Veazey - AMr. Chairman, other members of the County Board of Commission. I=m Lex Veazey. I=m an attorney licensed to practice in North Carolina as
required here. Uh I represent Howard
George and this project. Uh we=ve
learned of some of the legal matters on this - the North Carolina Statute says
for a vested right that it can exceed two years - up to five years if the
county ordinance so provides which the county ordinance as you know does
provide five years. The project we want
to take in several increments, probably about three stages where we=ll - we=ll
start with the area closest to the existing RV Park and spread out from
there. Uh we anticipate that it would
take more than two years uh in three different stages here uh but not exceed
five years which we=re requesting for the vested rights. Uh the uh - a little bit more uh information
regarding the sewer system. Uh there
has been a lot of work done in uh research that Howard George has done uh
concerning not only enlarging the present system but we also have a possibility
of actually moving a system that exists now uh to this project which uh this
other project has a larger 70,000 dollar - 70,000 gallon sewer capacity that we
would move to this project and of course improve it somewhat but that would
give plenty of sewer capabilities for the entire project and more. Uh and of course we have to meet the various
county and state guidelines as far as the sewer system which we=d have to go
through too.@
Chairman
Moyer - AI was looking in the application.
I don=t see the five years in there but are you saying today you=re
requesting a five year period?@
Lex
Veazey - AUh yes, Mr. Chairman, we are.
Because we - the Statute as you know and the ordinance says uh based on
the size of the development, the level of investment, economic cycles, and
market conditions are factors that come into play of approving up to five
years. Uh we feel like uh as we said three stages here uh - but
although the economic conditions for this type of project are pretty good right
now they could change - the economy could change. Uh we do have a pretty good capacity. We=re filling up the rest of the park pretty well uh and we feel
like we could fill up the rest of the - the newer section over a period of time
after we establish more contacts and so forth around the country with folks
that are willing to and want to come here.@
Chairman
Moyer - AOK. Paul, if you=ll come back
up for a moment. We=re now gonna go to
questions from the Board. Stay here
Lex. We=ll go to questions from the
Board of Commissioners and then we=ll give the other uh parties to the
proceeding a chance to ask questions of you if they choose at this time. So I=ll start with the Board. Any questions for any of the people.@
Commissioner
Hawkins - AYes, I guess just one that uh - I kinda looked at a minute ago but I
really have some concerns about the sewer.
Water you - you can get out there but you know our county=s had a long
dry spell, not only for wells but for the streams that run. I assume that your sewer treatment is uh
some kind of a package plant that operates off of the stream over there, Paul
is that right? You mentioned@
Paul
Patterson - AYeah the existing system was designed, I can=t remember when, back
in - about ten years ago. It was
designed such that you could add an identical package plant next to it to
upgrade the entire facility to meet 200 units.
Talking with Roy Davis, he said that once again we=d have to go through
a public hearing process and go through state approval on upgrading that
system. That=s where we=re looking at
which one is financially feasible, whether we want to go with an upgrade in the
package plant or putting in a - a sewer pump and pumping it back through force
main down to the existing manhole down at the interstate. But gravity is not - not even an
option. I mean you - you would be 30 -
40 feet deep trying to go through some of those hills and that - just couldn=t
- you can=t do that. That=s not
feasible.@
Commissioner
Hawkins - AHow - your current plant, does it not operate some off of gravity?@
Paul
Patterson - AUh - it - there=s existing gravity to it now. We would be tied into that no matter which
option we go, whether we decide to tie in through force main to the city it
will all go down to the existing plant, we=d change out the pumps there to a
larger pump so we can pump it back into the city system. Gravity sewer now to
the plant.@
Commissioner
Hawkins - AIt=s gravity to the plant?@
Paul
Patterson - ACorrect@
Commissioner
Hawkins - AAnd then from the plant to the stream that you discharge in, what is
that?@
Paul
Patterson - AThat=s just through the plant itself - through the processes.@
Commissioner
Hawkins - AOh, you don=t have any discharge into a water . . .@
Paul
Patterson - AThere is discharge into the creek there.@
Commissioner
Hawkins - AI=m sorry.@
Paul
Patterson - AThere is discharge - that plant into the creek. Correct.@
Chairman
Moyer - ASo if we got to the point of awarding this I would assume a condition
for that - for these sewer issues be effectively dealt with one way or the other
would be an acceptable condition to you, cause you can=t go forward without it
so - Commissioner Ward, did you have a question?@
Commissioner
Ward - AYeah, I=ve got a question for the Board, if they=ll excuse me for a
moment. I - with the advice of Counsel - I have to ask the Board to excuse
myself on this quasi - uh hearing on the basis that one of the parties is a
blood relative and the other one is - serves on the re-election committee and
the paper has already accused me on my trouble of accounting so I don=t want
another article - being opposed - so if the Board will consider that cause I
had several questions but I don=t want to shed any light to the Board to where
it=s a tainted decision.@
Chairman
Moyer - AWell I guess I would say do you feel that you could give an impartial
decision in this matter?@
Commissioner
Ward - AWell I do but I don=t know if the Times-News can - will relate to that.@
Chairman
Moyer - A. . . what the Times News says, I think it=s up to the parties. If any party feels they want to ask Mr. Ward
to excuse himself then I think the Board can act on it but if all the parties
are willing for him to participate then I don=t see any need for it but@
Commissioner
Hawkins - AWhat does our Counsel have to say, let me ask that question.@
Angela
Beeker - AI believe if he feels that he can render an impartial decision and
no-one objects. I think if a party
objects then - so I would ask the parties if - if you all object to Mr. Ward
continuing to participate in this proceeding on the basis that he is related to
one party and another party is Chair or serves on?@
Commissioner
Ward - ANo serves on@
Angela
Beeker - AOK, serves on his re-election committee.@
Lex
Veazey - AWell if this were a jury, I would excuse Mr. Ward and I think just so
he=s not conflicted here - I think we=d ask that he be allowed to excuse
himself.@
Chairman
Moyer - AOK. Then I=ll ask the Board -
is the Board uh - I move that we permit Mr. Ward to recuse himself on this
matter.@
Commissioner
Hawkins - AYou can go to lunch Mr. Ward.@
There
was laughter.
Chairman
Moyer - ANo, he=s not allowed to leave.
That wasn=t part of the deal. All in favor of that motion say aye.@
AAye@
in unison.
Chairman
Moyer - AAlright Mr. Ward, you are recused from this matter.@
Commissioner
Messer - AMr. George, the total number of the lots after the five year is
completed would be around 230, is that correct?@
Howard
George - AApproximately, yes.@
Commissioner
Messer - AAnd that is just for recreational vehicles uh?@
Howard
George - AYes and that uh - in talking to Karen - she came out uh and we uh
when we bought the facility there was uh I believe about five mobile
homes. We don=t want mobile homes. As a matter of fact one=s moving out next
month and uh - this - the recreational vehicles in the description is motor
homes, travel trailers, and park models so that=s@
Commissioner
Messer - ASo park models are included in that cause you know park model now - I
mean my definition of a park model=s kinda set up and on a permanent site but
kinda on a - you know a site that and you know they have expandos and so forth
that reach in a - you know quite - in other words they don=t - you know they
don=t just have wheels where they can move from one location to the next. You know they can stay in place for six
months or eight months or whatever.@
Howard
George - AAnd apparently in the past the previous owners lost they think 10 -
15 park models - I mean they=re movable and for what reason I don=t know but
that=s - they come in on wheels and they leave on wheels so it=s. In looking at that ordinance the - there=s a
limitation as to square footage and I
believe it=s 12 x 40. We currently now
have about - I think 12 or maybe 15 park models on the site. The rest being motor homes, travel trailers. What=s amazing is we have units that go from
$1,000 to a half million dollars. It
just - it=s amazing to me to see and they=re recreational vehicles. People enjoy them.@
Angela
Beeker - AMr. Chairman, can I ask a follow-up question?@
Chairman
Moyer - ACertainly@
Angela
Beeker - AAre there industry standards for the park models, RVs, and whatever
else that you=re planning to put in here and uh my next question would then be
um are you uh stating that you will be staying within those industry standards
for the park models and RVs and things like that that you would allow because I
do believe the ordinance requires that you specify height and things like that
of the facilities that will be in there.@
Howard
George - AWe would stay within the uh definition of the industry over on uh
page 15 and I guess it=s in the uh the Code Book for the - there=s the
reference just as to park models - it=s a recreational vehicle consisting of
one or more sections typically built in accordance with construction requirements
of HUD but not in accordance with standards set forth in the NCSC - such
vehicles have 480 square feet uh there=s quite a difference between the
manufactured housing and the recreational vehicles - whether they=re trailers
or park models or motor homes.@
Angela
Beeker - AOK@
Chairman
Moyer - ASo if we have any concern about that - assuming again a condition in
this order with respect to that would not be a problem - as to what you=re
gonna put in there?@
Lex
Veazey - AAnd Mr. Chairman, if I can make a comment. I believe when they=re talking about the height and so forth of the structures since the structures
are not there - are not going to be permanent and they will be movable uh that
they=re probably talking about permanently attached structures - permanent
improvements.@
Angela
Beeker - AUh - well I=m not so sure I completely agree with that. I think the purpose is to give the community
notice as to what they can expect regardless of whether it=s permanently
affixed or not. And so uh I believe that all that you - if the Board approves
it - that you would be vested for would be what you include in your
application. So I=m just trying to
clarify and make sure that your application is as specific as it can be.@
Lex
Veazey - AUm huh. Of course uh just by
uh the mere size of the interstate and roads and so forth as far as size and we
do have limits on the park models as far as what can actually be there,
height-wise too.@
Angela
Beeker - AUm huh@
Lex
Veazey - AWhat can go under bridges etc. so we will have certain limits there
that we=ll have to have.@
Angela
Beeker - AAlright.@
Chairman
Moyer - AAlright the uh - other questions from the Board of Commissioners at
this time?@
Commissioner
Gordon - AI have some questions but I think they are more of Angie uh.@
Chairman
Moyer - AYou may ask them now if@
Commissioner
Gordon - AOK uh if I=m understanding correctly since this is in an open use
zoned district our determination today is not on whether or not this project
can go forward, it=s on whether or not it would have a vested right if that
zoning were changed at some point in time, is that correct?@
Angela
Beeker - ACorrect, if they - if they withdrew their application today, they
could continue with their project - it=s
just that they might have to then establish a vested right in another way if
they wished to do so to protect themselves.@
Commissioner
Gordon - AOK so - and we can=t impose higher standards than our existing zoning
now provides uh on them, is that correct?@
Angela
Beeker - AWell you can=t use this as an opportunity to superimpose regulations
on them that they would not normally be subject to except for if it poses a
direct health to public health, safety, and welfare, I believe you could impose
some sort of condition to address that situation um and so far you know I
really - well I won=t comment on the evidence.
My purpose in asking the question was just to clarify uh the evidence
that=s presented and to clarify what they=re asking for so that enforcement of
this - if you approve it - later would be much easier. So if they say that they=re intending to
stay within the industry standards for all the things that they=re asking to be
allowed to go in there um then as long as they do so - if we received a
complaint they would be vested as long as they are within those industry
standards. So it=s more for enforcement
purposes that I was asking to clarify that.@
Commissioner
Gordon - ABut if we imposed a standard on them uh as a part of the vested
rights decision they would still have the option of developing their property
under our existing regulations separate and apart from this and they would just
simply lose the vested right, is that correct?@
Angela
Beeker - AI believe they could relinquish their vested right.@
Commissioner
Gordon - AOK@
Chairman
Moyer - ATerminate it at any time. Any other questions of? Alright now we=ll go
to uh Mr. Henderson who has the opportunity to ask any questions of this. Stay there, no stay there. He=s just asking questions, not presenting
yet. Do you have any questions at this
time Alan?@
Alan
Henderson - Anot due to . . . ?@
Chairman
Moyer - AWell anything that Mr. George or this - the petitioner has stated at
this time.@
Alan
Henderson - AThe only - our concern
Mr.
Henderson was asked to come to the microphone.
Alan
Henderson - AOur main concern is - I mean the mobile park has been a good
neighbor for quite a while. You want to
pass that letter out?@
Chairman
Moyer - ANo I don=t want your evidence now.
Just any questions.@
Alan
Henderson - AWell the questions I have is the park - the people who have only
purchased it have only lived there what a year I think now. They purchased it what 2001?@
Someone
answered - ASeptember 2001"
Alan
Henderson - A2001 so they have not - or they=ve gone through one complete
season of the orchard being their neighbor and my question to them are they
actually aware of the agriculture practices that take place in our orchard
during the season as their existing plan shows they are going to place a total
row of uh - you know like stage three of mobile home sites right up to the
property line leaving no buffers for spray drift, for noise ordinances where we
run wind machines in the spring, and I=ve already gone in front of a couple of
legal battles over people that have moved in next to our property and have
tried to sue us where they were allergic to some of our spray materials. Some of our chemicals do have a foul odor
which is unavoidable by us which is offensive to people. Uh and I just - the reason
I am here is to try to say have they taken this into consideration cause in the
future I don=t want to be going to court every week with a - with somebody
coming through town who stops and . . . he pulls in a hundred thousand or a
half million dollar motor home and he gets sprayed with a yellow spray that
drifts over from my spray so he expects me to have his motor home repainted and
recovered - because there is no buffering zone there and the client was unaware
that these agriculture practices were taking place and I just want to - I guess
I want to ask has this been a consideration of the planning board and of the
mobile home park?@
Chairman
Moyer - AMr. George?@
Howard
George - AWell - and we=re a recreational vehicle park, not a mobile home park but
yeah - but uh in working with uh Paul and uh William uh - we=re aware - we are
aware that the orchard is there uh. I
would love to own that piece of property that he has. I don=t know how much longer it=s gonna be an orchard but uh it=s
just - that=s - you know Henderson County is just made up of a bunch of orchards and I don=t know is there
anything as to an ordinance or whatever as to buffers. We - we=ve had or the Lakewood RV has had a
home within 20 feet of the orchard there, probably for ten years and there=s -
on the other side there=s some residence too and so - I guess - with a buffer
as to plantings or pines or something like that - would be.@
Alan
Henderson - AIf you=ll notice the other occupants that are on the east side did
plant a row of pine trees up for a buffer to help solve this problem and then
they have moved - set their house back
into position so that you know - and they are aware of it. And the other thing is it is in agriculture
land use. It is in part of an
agriculture district so it is on record that it is you know in agriculture and
I think if you=ll look under the districting there are some county ordinances
to bring in zoning for the agriculture districting part. I=m not a lawyer and
don=t know all those facts but I know there is some callings there.@
Chairman
Moyer - ALex@
Lex
Veazey - AIf I could respond somewhat to these questions. Uh I think the intent of the ordinance is
more is it gonna affect the health well being of the parties. Obviously having this here would not affect
the farming activities of the adjacent property. What Mr. Henderson has talked about is affecting this project and
being a - having park models and bringing in movable uh RVs so forth we - it
could easily be rectified by not during the spraying season or when this is
occurring not having park - not having RVs parked in these locations and
probably we would not put the park models on those locations. As Mr. George mentioned, there is an
existing house where the resident on-site manager lives with his wife, the
son-in-law of the owner of the property - in the existing house that=s shown on
the site plan. Uh also the - as far as
any liability on Mr. Henderson=s part uh his has been an ongoing orchard for
many years. The RV park of course will
have insurance, liability insurance to cover damage to vehicles and so forth or
waivers from folks bringing in their RVs to the park so there will not unless
Mr. Henderson intentionally sprayed a - came in and sprayed an RV or something
- just the unintentional moving of the spray and so forth over the park - there
would be no liability on his part.@
Chairman
Moyer - AAny other questions at this time Alan? Alright, Mrs. King, do you have
any questions?@
Ruby
King - AI believe they pretty well answered mine. I am a little concerned about the traffic - if it=s going to be.@
Chairman
Moyer - AWe=ll get to that concern later, do you have - you do not have a
question for the petitioner at this time?@
Ruby
King - ANo sir, I don=t think so, thank you.@
Chairman
Moyer - AAlright. Well thank you. We=ll call you back if we need anything
further and now . . . does the Board have anything else to ask at this
time? I want to move on to Mr.
Henderson. Do you have any evidence
that you=d like to - anything further that you=d like to?@
Commissioner
Messer - AMr. Moyer, I=ve got one question of Alan. Alan, I don=t know if this map is out there or not.@
Someone
answered - AI have a copy here@
Commissioner
Messer - A If you would for the record clarify where the orchard is.@
Alan
Henderson - AIf you see a letter that was sent to uh Karen Smith uh our
property adjoins the lots on the right side here. This whole row of park is where our property adjoins that and you
know - our concern is you know a lot of
Commissioners know me because I am - I am always battling for agriculture in
Henderson County. I hate to see it go
away and uh - you know I=m not against the growth of this park or - or any
industry. It=s just that I - I wish the
Commissioners will take agriculture into consideration. It is a valuable piece of property but we=re
wanting to keep it in farming as long as we can because it has been a
productive farm for us and for our company.
The uh - the biggest concern is yes that - is the drift and the noise and
the nuisance we get. We=ve had this in
the past where we=ve had uh people move next to an orchard that uh they move in
in December when it=s nice and quiet and then all of a sudden in the spring the
loud - everybody=s heard the loud spraying machines and the noise when we start
spraying sometimes it may be 4 a.m. in the morning to get it on before the dew
comes up which becomes a problem and I=m - I=m just trying to head off some of
the problems by uh asking the Board to see if there is any way a buffer zone
could be put in there to uh to help stop future problems because uh I can just
see em coming - I mean you know uh eventually this land may not be an apple
orchard but as long as our family holds it we want to keep it in the orchard
because we=re rooted in agriculture in Henderson County and that=s - that is my
main concern is that we just not be uh forgotten and left out here.@
Commissioner
Hawkins - ACan I ask him a couple of questions?@
Chairman
Moyer - ASure. Commissioner Hawkins?@
Commissioner
Hawkins - AMr. Henderson, in your - I appreciate what you=re saying. I - I guess if I can read from this letter -
you basically have two concerns, one is from the wind machine or the noise from
the wind machine and the other is from drifting spray?@
Alan
Henderson - AThe drift spray is a very large concern - to bring it to the Board=s
attention. Two years ago a uh person
passing through was eating at the McDonalds
and saw our machine spraying, they also noticed a school was next door
so they turned us into the North Carolina Department of Agriculture Chemical
Awareness which come out and tested the blades of grass around the school and around our orchard which found zero
drift in that thing but they were concerned because they see these big machines
spraying and they see this - this big plume of water and chemical that goes 30
- 40 feet in the air in order to penetrate the trees and the public being
uneducated in the agriculture uh they
kinda get excited about this stuff and over-react and this becomes a very large
problem for us. We spend a lot of our
time defending ourselves it seems like and I=m just trying to cut off that
happening here.@
Commissioner
Hawkins - ACould you explain one statement in your letter it=s about - in the
second paragraph where you say it is required that a governmentally specified
agriculture buffer be installed by Lakewood.@
Alan
Henderson - AWhat I was talking about there - the government does have set-back
rules for farming and agriculture uh I=m not familiar with all those. We - we were looking over those but there is
a set-back rule I know like if you have spray material and stuff you have to be
I think it=s 50 or 100 feet from a river or lakeside, public right-of-way and
road you have certain set-back rules set that we have to abide by and I was
just wondering if uh I can go and get a lawyer and further research it for the
Board if they need that but I need - I was under the information that with the
uh agriculture districting rule that we were allowed certain set-backs.@
Commissioner
Hawkins - AWe=ll ask our planner that in a few minutes.@
Alan
Henderson - AOK@
Commissioner
Hawkins - AI just didn=t know what government you were citing.@
Alan
Henderson - AI was citing both the U.S. Department of Agriculture and North
Carolina State both have uh inherent rules and then the county and our ag -
agricultural districting - what do you call it - plan that=s been in effect - I
think there=s certain rules in that agriculture districting plan.@
Commissioner
Hawkins - AOK.@
Chairman
Moyer - AAlan, what we=re referring to of course is a letter signed by
Elizabeth Henderson dated February 12.@
Alan
Henderson - AThat=s my mother, that=s my mother.@
Chairman
Moyer - AThat is your mother - to Karen Smith and I guess you=re introducing
this to the record.@
Alan
Henderson - AYes please.@
Chairman
Moyer - AAnd have all the other parties been given a copy of this letter? OK.@
Angela
Beeker - AMr. Chair, can I ask some follow-up just for the record questions on
this?@
Chairman
Moyer - ASure@
Angela
Beeker - AUm are you personally familiar - do you have personal knowledge of
all the matters asserted in this letter?@
Alan
Henderson - AIn how?@
Angela
Beeker - AUm well basically - did - does any - do any of the parties have an
objection to this coming in as evidence?
Um the letter - since your mother is not here to speak for herself. In order for it to really be given full
weight by the Board um it=s really considered what is called >hear say=@
Alan
Henderson - AOK@
Angela
Beeker - AWhat I=m asking you is do you have personal knowledge of all the
things asserted in your mother=s@
Alan
Henderson - AI helped compose the letter yesterday.@
Angela
Beeker - AOK, alright so you@
Alan
Henderson - AI actually . . . A
Angela
Beeker - AOK so you would adopt this as your own statement then under oath.@
Alan
Henderson - AYes@
Angela
Beeker - AOK. Do you have any@
Lex
Veazey was speaking but it was not picking him up.
Angela
Beeker - AWe tape this for two purposes, one for TV but we also do a - as best
we can a verbatim transcript to protect the record so to the extent that
everyone can - if you could speak in the mike so the tape could pick you up.@
Lex
Veazey - ARight uh - without further evidence we object to their being a governmentally
specified agriculture buffer required by county, state, or USDA by
federals. Uh we aren=t familiar with
this. We don=t know whether that exists
or not.@
Angela
Beeker - ABut as far as this coming into evidence with him - you can make your
arguments. You=ll have a chance to make
arguments as to that later. But as far
as this coming in as his personal statement now since he=s under oath - says he
has personal knowledge of everything.
Do you object to it coming into evidence.@
Lex
Veazey - ANo.@
Angela
Beeker - AOK.@
Chairman
Moyer - AMrs. King, is it alright with you for this to come into evidence.
Alright. Then that=s evidence. Do you
have any other questions, Angie?@
Angela
Beeker - ANo sir, I=m sorry. I don=t.@
Chairman
Moyer - ACommissioner Gordon?@
Commissioner
Gordon - AUh yes, I have - in your estimation what is an adequate - how far
does the spray travel - what would be an adequate buffer to protect your
interests?@
Alan
Henderson - AThat - I would not - like I say the existing buffers that are up
are pine trees - you know I=m not asking for them to go up 100 feet or 200
feet. I=m just asking for some kind of
- of maybe a sound and spray buffer be erected like a couple rows of pine trees
through there, maybe a 15 - 20 feet buffer that could be put up to you know
help buffer the sound from the RV Park and the spray material as well.@
Commissioner
Gordon - AWell that was my next question because the - the trees had been
discussed between the two of you and is
that something that works and so I think you=ve answered that.@
Alan
Henderson - AI think that would be very satisfactory if that could be
incorporated in a row of trees there that . . . according to what I=ve heard
the RV Park is going to take 3 - 5 years so if the trees were planted within
this year then they would be of substantial size by the time that area was
developed - that I wouldn=t have an objection at all to that.@
Commissioner
Gordon - AOK.@
Commissioner
Messer - AMr. Henderson, in that existing house are they somebody living in
that house during the time that you=ve been spraying in the past and?@
Alan
Henderson - AI - I can=t testify to that.
I don=t know. I=ve just heard
them say that . . .@
Commissioner
Messer - AIn other words you=ve never had any complaints from the people in
this existing house.@
Alan
Henderson - AIn the existing house, no sir, we=ve had no complaint from that RV
Park. That=s why I said they=ve been a
very good neighbor. I have no
complaint. I=m just here on behalf of
future problems that I=ve seen happen at other places where people have moved
in unknownst that agriculture is taking place and we just take a lot of our
time to go defend ourselves. And I=m just asking that the Board take this into
consideration and - and - I=m not - you know I=m not here asking for 100 foot buffers and all this kind of
pull.@
Commissioner
Gordon - ALet me ask another question.
What would be the impact on you uh if you planted a row of pines
buffering your orchard?@
Alan
Henderson - AIf the buffer were to be on me my trees are up to the line within
20 feet of the row so I don=t have the room to plant the trees myself on my
property. If I would I would have to do
away with oh probably 1/8 of the production of the orchard to install that
buffer because in the past there was a pasture I think over there and some
woods.@
Commissioner
Gordon - AOK. Uh in your estimation
through if you were gonna - what other uses could be made of that land other
than pasture without a buffer?@
Alan
Henderson - AI don=t understand - I=m saying now its a pasture.@
Commissioner
Gordon - AI mean the other side - yeah -
the land that these people are uh asking to develop. Uh with the orchard
being that close on the property line and the issues that you=ve mentioned with
the spray and the noise, is there any other use other than it remaining as is
that would be possible?@
Alan
Henderson - AI don=t know - they could probably put a ballfield there. I don=t - I=m not - I don=t know what their
plans are.@
Commissioner
Gordon - AOK@
Commissioner
Messer - AMr. Henderson, these lots 8 and 9 pretty much everything running on
that border - you can see that they=re quite a bit larger than the lots in the
rest of the park. In your
recommendation would - if those lots were the same size and that size buffer be
set down through there do you think that - in your estimation do you think that
would be an adequate amount of buffer space for spraying and uh doing
everything that you need to do in your orchard.@
Alan
Henderson - AYou=re saying what? I don=t
quite understand what you=re saying.
Remove those lots?@
Commissioner
Messer - AI=m saying cut those lots - well yes - either - well primarily remove
those lots down that border down through there.@
Alan
Henderson - AI don=t know if it would - I don=t know the exact size of the lots
- I=m unable to read the map but you know I=m just saying a couple rows of pine
trees is what we=re looking for, just something to catch the spray so it doesn=t
get onto the people.@
Commissioner
Messer - AWell basically what I was trying to get is like the question that
Marilyn asked - how much space do you need for - you know for spraying and so
forth and I mean that=s basically how I was trying to put it into perspective
of how much space it would take.@
Alan
Henderson - ALike I say - our - our current sprayers spray a pattern that is
about 60 feet wide so as we come down - once - our rows run at angles into this
property line and most of the time we won=t hit the lots except where they turn
on the ends. When they turn on the ends
that=s where the drift would probably occur and it would probably - I would say
then you=re probably going 15-20 feet over into their property lines.@
Chairman
Moyer - AOther questions from the Commissioners? We=ll go back to you Mr. George and your - do you have any
questions for - just questions for Mr. Henderson at this time. Lex, you want to ask any questions?@
Commissioner
Hawkins - AWhile they=re doing that, let me ask one other question. You don=t spray necessarily when the winds
up do you?@
Alan
Henderson - AOh no sir cause that=s - that=s uneconomical.@
Commissioner
Hawkins - AThat=s what I thought.@
Alan
Henderson - ABut see the other part of that equation is the wind doesn=t blow
at 4 a.m. in the morning so you have that noise problem which is why I feel a
tree buffer or something would help absorb the noise as well. Along with the wind machines that we run in
the spring but they only are run usually three or four nights in the
spring. But they=re very loud. They have helicopter size blades which made
a very large chopping sound all night and uh I=m just@
Chairman
Moyer - AAnd you can=t always predict the wind.@
Alan Henderson - ANo I can=t always predict
the wind. We - we - a lot of times we
start spraying and there=s no wind and the wind will come up and the gentlemen
that spray will finish their tank that they=re currently spraying on before
they come back to our plant. There
could be times when@
Commissioner
Gordon - AThat=s ordinarily early spring right?@
Alan
Henderson - AYes mam.@
Commissioner
Gordon - AWhen - when you would reasonably expect that an RV park would not
have full occupancy and they might be able to as they said not rent out spaces
on that side. Yeah, yeah.@
Alan
Henderson - AIt=s just a concern of ours that I=d like to have addressed.@
Chairman
Moyer - ALex, do you have some questions you=d like to address?@
Lex
Veazey - AYes - Mr. Henderson the Ballenger Road there - is there a buffer
along Ballenger Road where you=re spraying?@
Alan
Henderson - AThe road itself acts as a buffer.
The road is what a 30 foot right-of-way so when we turn on Ballenger
Road on our hose our rows are set back about 20 foot so we don=t - we=re
spraying into a road area.@
Lex
Veazey - AAre there a number of cars traveling Ballenger Road.@
Alan
Henderson - AYes they do sir.@
Lex
Veazey - AAlright. That=s all the questions I have.@
Chairman
Moyer - AAlright, does that Mr. George cover all of your parties
questions? Do you have another
question? Ms. King, do you have any
questions? Alright then you may be seated.
Ms. King do you have evidence that you would like to present at this
time, make a statement or anything? Please
come to the microphone.@
Ruby
King - AI noticed on the map that it looks like they are going to have two
entrances into the park which I would certainly hope they do because they=ll be
turning to the right directly in front of
my driveway and I=d just like to ask the question - if these will be
going in this direction rather than all of them going down in front of my house
to turn?@
Chairman
Moyer - AWould you clarify what this is mam so that we.@
Ruby
King - ASir?@
Chairman
Moyer - AFor the record would you clarify what roads you=re speaking of.@
Commissioner
Hawkins - ABallenger Road@
Ruby
King - ABallenger Road. Will they be
using the existing drive into the park now with all the vehicles that will be
coming or will they be uh making a road here where they=re starting this
development?@
Commissioner
Hawkins - ABy the pond?@
Ruby
King - AUh no here.@
Chairman
Moyer - AOff Ballenger Road?@
Ruby
King - AHere is the part, over here is what I=m interested in. Um huh.@
Howard
George - AThere is an existing road there called McCalla and then the main
entrance into the park is uh probably - where the existing the RV Park - the
arrow is there - that=s probably approximately where the main entrance is and
the reason they have to come in the main entrance is to register. Once they are registered they would probably
enter and exit through this the other road - McCalla. But we would - we would
have uh the two entrances for fire, EMS, and all that and it=s@
Ruby
King - ASounds like a lot of traffic going in there at that - at this - to me
but you know I just depend on you to work it out.@
Commissioner
Gordon - AWell essentially if I understand correctly what you=re saying is that
- when they=re checking in they would use that entrance but then for the daily
trips in and out of town or whatever they would probably use that secondary
entrance.@
Howard
George - AYes.@
Commissioner
Gordon - AOK. If they were parked on
that end of the park.@
Howard
George - ACorrect@
Commissioner
Gordon - AYeah.@
Chairman
Moyer - AMr. George, do you have any questions for Mrs. King?@
Howard
George - ANo I don=t, she=s a great neighbor.@
Chairman
Moyer - AAlan, do you have any questions.
Any of the Commissioners have any questions. Alright, you may be seated for a moment. We=ll have staff=s evidence now. After staff=s evidence, we=ll then have a
period for rebuttal evidence if any of the parties want to give any rebuttal
evidence and then we=ll go into closing statements, just to prepare. Usually that goes fairly quickly cause we
usually cover most of it during this part of the proceeding.@
Karen
Smith - AMy - my evidence is really more information and first off I do have
copies of the comments from the review agencies and as Ms. Beeker said about
the letter from Ms. Henderson again I suppose that this could be considered
hear say but if you wanted to ask if anyone objected we do have copies for all
the parties as well.@
Commissioner
Hawkins - AWho is this from Karen? The
review agencies OK.@
Karen
Smith - AThe um - most of what you=ll see in that packet really aren=t
significant - we just sent these to the agencies that we normally send some of
our subdivision plans that are major subdivisions and manufactured home park
plans to. Uh - if - if I might I think
the only really truly significant one that stood out had to do from - was from
the EMS director and his was really a question about would there be ample room
on the roads to turn an ambulance or a first responder vehicle around. Uh everyone else - he also mentioned
property addressing but you=ve got a comment there from the Property Addressing
Department which says that they are working with the developer on street names
and numbering in the park. Uh DOT
mentioned the curb cut - again there is no new curb cut onto Ballenger Road
that I=m aware of so again that really isn=t relevant and then the uh Fire
Marshal=s office was just asking about hydrant locations uh the plans mentioned
that there=s a new code as of January 1st with tighter restrictions
on hydrants and again that=s a plan detail item and the Environmental Health
Department just referred to the onsite package treatment plant that - and that=s
again governed by a state agency. I do
also have uh@
Chairman
Moyer - ABefore you leave that Karen, is there an issue under any of the
ordinances with respect to the - well the absence of cul-de-sacs and the
ability to turn around?@
Karen
Smith - AAgain we don=t have an ordinance that regulates RV Parks and standards
for roads and that sort of thing in those parks and so right now there - there
is no standard which we could use and we do have standard in our subdivision
ordinance and in our manufactured home park ordinance if you needed some
guidance but again there is no specific standard at this time.@
Chairman
Moyer - AWhat - Mr. George what you normally have - I=m looking particularly at
lot #10 or #7. What would be there for
a vehicle to turn around - what do you have a gravel entrance to the site or
how would a vehicle in an emergency situation get around there? That=s the
longest one I see by far, maybe I missed.@
Howard
George - AOn #8 and #9 you said?@
Chairman
Moyer - ANo on #7 and #10, #7 and #10.@
Howard
George - AOh OK. Paul and I talked
about that yesterday as to the length of hoses and things like that but uh -
that=s - that=s our worse situation there.@
Chairman
Moyer - AUm huh. Well what would
normally be - is there an access from #10 and #7 - would there be room for a
vehicle to turn in there? Is there like
a drive or@
Howard
George - AWell we=re gonna have a drive uh - typical lot uh lay out is a drive
and uh in essence they could pull into one drive, say on #10 and back in on lot
#8, depending on the length of the vehicle.@
Chairman
Moyer - AOr #7.@
Howard
George - AAcross from #10?@
Chairman
Moyer - AYeah.@
Howard
George - AWe would have four driveways on #7,8, 9 and 10.@
Chairman
Moyer - AAre the vehicles set back from the road where there would be room to -
to back around is what I=m getting to.@
Howard
George - AWell, they are set off the road uh probably 10-15 feet uh. Are - are
- a typical motor coach is 40-45 foot long@
Chairman
Moyer - AYeah I know@
Howard
George - ASo we have to be able to accommodate those people. That - I mean in all honesty he might have
to back - after he puts the fire out back the truck out - I don=t know.@
Angela
Beeker - AMr. Chairman if you are interested in pursuing um this particular
topic any further - I do believe the Board on its own can call witnesses that
were not previously identified and um the other parties would of course have a
chance to cross-examine any such - any witnesses so called and Mr. Hyder is in
the audience and I do believe would be qualified to provide you some further -
would probably be the best person in the room to provide you evidence on this
topic. So if you=re interested in
pursuing it just so you have evidence in the record um you might consider that.@
Commissioner
Gordon - AUh I do have a question. Is
this layout similar to the existing park as - in terms of street alignment and
ability to turn vehicles?@
Howard
George - AYes in that uh you - you can see on the proposed site that we loop
the roads as we=re looping the sewer and the water and on the existing that=s
the way it is also. Because of the
property line there we end up with not a - we end up with a dead-end stop
situation, not a cul-de-sac but uh@
Commissioner
Gordon - AOK I guess my question is do you have any of those dead-end areas in
your existing park? Streets that@
Howard
George - AYes.@
Commissioner
Gordon - AOK and have you had any problem?@
Howard
George - AOnly two, no I haven=t.@
Commissioner
Gordon - AHad any problems there?@
Howard
George - ANo.@
Commissioner
Gordon - AOK.@
Chairman
Moyer - AAnd what would be the length of those two though?@
Commissioner
Hawkins - AUh they=re back in here somewhere, you can see em.@
Chairman
Moyer - AYeah. I don=t know where they=d
be. Looks like everything would loop
there but do you have anything approaching the length of the one going down to
#7 and #10?@
Howard
George - AUh no, I don=t.@
Chairman
Moyer - AI know I would like to hear from Rocky on this matter before we move@
Commissioner
Hawkins - AWell I was gonna say I - I would - I think that uh as already been
pointed out there really isn=t any uh - you know quote zoning items to look at
over here so I think our - at least my thoughts is that we=re looking mostly at
safety items as something to consider.@
Chairman
Moyer - ASafety and welfare.@
Commissioner
Hawkins - AAnd I think fire hydrants, EMS vehicles and fire trucks and spray
coming over us is at least a couple of those things. Uh you know whether or not uh you go to county - a city sewer or
whatever - that will be taken care of under those agencies as well as the water
but these areas won=t and I would like to hear from the Fire Marshal on what
his thoughts are on looking at this and uh what kind of standards he thinks
needs to be in there or at least a layout so that they can adequately respond
to an emergency.@
Commissioner
Gordon - AAnd Karen has a picture up there and that might help us - to look at
pictures and get a better prospective on what we=re talking about cause I=m not
that familiar with@
Howard
George - AI guess that=s - that=s in the existing uh park uh. I=ve had one fire there since September uh
what happened was uh the propane company overfilled the uh person=s bottle and
uh they=re suppose to be filled to an 80% and it was all liquid, he hooked it
up and uh the hot water heater - it sprayed into the hot water heater and pouf
up the side of it. Uh three of us
grabbed fire extinguishers and thank the Lord he wasn=t burned or anything and
the fire was out within minutes but uh - I can appreciate your concern as to
the uh - the distance there - Paul? - is uh - I=m sorry.@
Paul
Patterson answered - A200 feet from the back of the room@
Howard
George - AAnd is that going to #7 and uh.@
Chairman
Moyer - AThere=s lots . . . 40's. That=s about right. Well let us uh@
Howard
George - AAnd that=s the worse one is the first one.@
Chairman
Moyer - AYeah, that=s . . . let us uh.
If you=ll have a seat for a moment.
If the Board=s in agreement, we=ll call Mr. Hyder as an additional
witness.@
Angela
Beeker - AHe needs to be sworn.@
Chairman
Moyer - AYeah. Would you go over and be sworn in by the Clerk, Mr. Hyder.@
Elizabeth
Corn - APlace your left hand on the Bible and raise your right hand >do you
swear or affirm that the testimony you shall give to the Board of County
Commissioners shall be the truth, the whole truth and nothing but the truth, so
help you God?@
Rocky
Hyder - AI do.@
Chairman
Moyer - ADo you want to just make a statement Rocky or do you just want us to
ask you questions with respect to this?@
Rocky
Hyder - AI=ll answer questions first if it=s your pleasure and then if - if
there=s anything else I feel like we need to cover as part of the question time
I certainly . . .@
Chairman
Moyer - AWell, I think you heard the concern that=s been raised with respect to
cul-de-sacs and I know you=ve dealt with this many times in subdivisions and
things. What is your opinion with
respect to uh particularly fire first responders dealing with type of a
situation.@
Rocky
Hyder - AWith a 16 foot road bed - having the ability to turn around using a
driveway and back out into the road or another driveway - that=s somewhat
limited. Especially with EMS equipment
- is more my concern because the fire trucks obviously are not going to be able
to turn around in that situation but I=m not sure that EMS units that we use
today can turn around easily in that situation or at all if you=ve got first
responders parked on the shoulder of the road responding to that particular
incident. You=re gonna have a one-lane
road at best case in that particular scenario.
Also there=s not a lot of indication of what type of landscaping is
gonna be done in this area and that certainly has a - a large effect on a 40
foot wide lot that=s landscaped. If you=ve
got a 10 foot wide road then your turning radius is gonna be such that you=re
not gonna be able to get those apparatus
and the equipment in there. Um.
Another on the side comment - I don=t know - some of you folks know I do
quite a bit of camping and I=ll tell you this - if you=re backing a 35 or 40
foot unit into a square lot like that, that=s gonna be rather difficult to get
that - just the campers in and out of there in all honesty. Most of these lots are pull through lots in
this type of situation and that=s - that=s what our folks are more used to
responding to in this particular situation.@
Angela
Beeker - AMr. Hyder, are you personally familiar with the size and dimension of
our EMS vehicles that we use currently?@
Rocky
Hyder - AYes.@
Angela
Beeker - ACould you, for the record, state what the uh approximate dimensions
are?@
Rocky
Hyder - AThe largest EMS unit that we use now is about 8'6" from mirror to
mirror. It=s on a two ton chassis and
uh would require certainly a 20' road to even turn into and park in. You=re not going to be able to park that
unit on a 10 foot road.@
Angela
Beeker - ACould you describe a typical response - you - you alluded to first
responders parking on the shoulders and an EMS vehicle. Could you describe a typical response to a -
uh - an emergency call@
Rocky
Hyder - AOK@
Angela
Beeker - ATo explain that a little bit more.@
Rocky
Hyder - AIf the emergency call were medical in nature, uh you would get a
response from the fire department that would include one apparatus. You would also have responding uh
firefighters that were in the area.
Typically that=s going to be 2-3 first responders as well as the fire
department apparatus so that=s four vehicles.
Then you bring in your EMS unit.
Depending on the situation, um law enforcement may or may not come to
that situation, it just depends on what the dispatcher gleans is the nature of
the call is concerned. But certainly uh
a typical response is gonna be five vehicles located in that area and they have
no where else to park except on the side of the road so they=re gonna try to
park on one side of the road and leave one lane open to gain access. Uh if you have a responder that parks right
across from the driveway, then you=re gonna have to start moving a lot of cars
before you even - you=re able to park the ambulance or turn it around I should
say.@
Angela
Beeker - AAnd for the record could you describe for the Board your experience
in fire fighting services and uh so that it would be reasonable for them to
rely on your opinion in this matter.@
Rocky
Hyder - AOK, now you=re going way back in my memory.@
Angela
Beeker - ABe brief. Well fire fighting,
EMS services - what - you know just so that it would be reasonable for them to
rely on your opinion.@
Rocky
Hyder - AI - I=ve been involved in those services for 24 yours, been the Fire
Marshal since 1992, Emergency Management Coordinator since 1993. Is that good enough?
Angela
Beeker - AThat=s g - OK.@
Chairman
Moyer - ACommissioner Gordon@
Commissioner
Gordon - AYeah, a question - uh it=s deceptive in looking at this plat when I
see so many lots and we=re used to looking at subdivisions when we=re talking
about house sites and - and these are really very small parcels and so the
total of the longest road looks like - I think they were saying 200 feet or so
- which is essentially the width of an acre lot uh in a conventional
subdivision - yeah - so if you can keep that prospective on it uh would you see
that as having a - changing your - your
view on whether or not vehicles could get in and out of there, especially when
you consider that the RVs that we=re
talking about are probably larger than the emergency vehicles that would be
responding - that are being able to pull in and out of those driveways. They=re gonna have to have something that=s adequate for RVs.@
Rocky
Hyder - AThere=s no doubt the RVs that they=re talking about are larger than
the emergency equipment that we have responding in here. Uh the issue that I see is because the road
structure - the way it=s laid out - your first responders are gonna drive to
that scene. They=re not gonna stop at the intersection of the road and get out
of their car and run down to the scene.
They typically don=t do that many times because sometimes they need to
get back out of there in a hurry. Not
all the people you respond to want you to be there anymore but uh in those
situations I still see some traffic problems.
Certainly the most important thing is to get access to the site with an
EMS unit or a fire truck, depending on the nature of the emergency call. We certainly wouldn=t want to be wheeling
people down a road on the back of a - on a stretcher to get em to the back of
an ambulance. That=s - that=s very much
so in the winter time that=s important to have the EMS unit close to the site
for the equipment purposes of EMS personnel as well as to- to transport the
patient. So it - it certainly does have an effect that if they can get a large
RV in there you can certainly get an EMS unit in there. They=re normally just
not parking an RV with three or four other vehicles in the theater there in
that particular area and I think that=s the difference that I see.@
Chairman
Moyer - ACommissioner Hawkins@
Commissioner
Hawkins - ARocky, on location of fire hydrants uh considering I think he said
he had about 10 acres here we was using
and - and the layout of that is there - I don=t see any provisions for - for
fire hydrants and I guess its all well - well water now and you don=t know if
you=re gonna get city or not. Uh is
there any uh concern about the availability of water there, other than what the
- obviously the tanker trucks carry it now to places that don=t have em but
this is also a very congested area as far as density. You could have quite a few vehicles there if you had a large fire
that could spread perhaps quickly. Do
you have any concerns about or requirements for a fire hydrant from a safety
viewpoint?@
Rocky
Hyder - AI see a couple of options in this particular plan for fire -
provisions for fire suppression and water supply. One is the pond. We can
utilize it as a dry hydrant in that particular area - that would certainly help
our ability to increase fire flow. The
other would be in the event that city water wasn=t utilized. Then we could certainly ask that they place
a fire hydrant, one or two, depending on the size of the roads there or the
length of the roads. If we can have a
fire hydrant within 1,000 feet of a lot we=re certainly in good shape
there. And you=re right it is congested
and in this particular situation, with an RV fire the fire department=s
probably gonna be protecting the exposures rather than so much worried about
extinguishing the fire, just based on the time.@
Commissioner
Hawkins - AWell.@
Chairman
Moyer - AThank you Rocky. Mr. George
would - what is the depth of that pond? It looks like it=s about 100 x 100 x -
I just wonder how much water you really have in that pond@
Howard
George - AI=m guessing six feet - six foot depth.@
Chairman
Moyer - ASo we=re dealing with less than 100 x 100 x 6 feet. . . Rocky . . .
county sludge.@
Rocky
Hyder - AThe uh the minimum storage capacity is 100,000 gallons to be utilized
for a fire suppression water supply and of course that has to be rated at the
50 year drought surveys.@
Commissioner
Gordon - AWhat about the swimming pool that=s there? Could that be used?@
Rocky
Hyder - ADepending on the access. Most
swimming pools are so located near a building that it would be difficult to@
Howard
George - AIt=s very accessible - as a matter of fact it fronts on this road
here.@
Rocky
Hyder - AYeah, as long as the fence is not a problem then we can access that.
Our guys would love to pump clean water through . . .@ Several people talking and laughing here.
Chairman
Moyer - AAlright Mr. George, thank you.
Other questions for Mr. - Mr. Hyder from the Commissioners? Alright now Mr. George and Lex, do you have
any questions for uh Mr. Hyder?@
Lex
Veazey - AYes, Mr. Hyder.@
Rocky
Hyder - AYes sir.@
Lex
Veazey - AUh you said that the width of the road would need to be 20 feet . . .@
Chairman
Moyer - Lex, turn around and get into the mike.@
Lex
Veazey - AI just wanted to reiterate what Mr. Hyder said - that the width of
the road would need to be uh 15 - at least 20 feet and I would like to get the
voice - some evidence regarding the width of the new road and existing roads
too.@
Chairman
Moyer - AAny other questions for uh Mr. Hyder at this time? We=ll let you come
back with additional evidence.@
Rocky
Hyder - AI think I need to clarify - I was specifically talking about turning
in off of that road onto a - a lot - having to have a 20 foot driveway at that
point in time. I realize that the road
is 16 feet with a 2 foot shoulder on each side and I didn=t take issue with
that as much as it is the access to the site itself - is what I was referring
to.@
Howard
George - AIf we were able to uh loop this road here where lot # 8 and # 9 is -
over to where #24 and # 21 is - that would give us - we would lose two - three
lots, one, two, three. This one. Well we - we wouldn=t lose eight, we=d just
lose a partial so if we lost those two lots that would allow - that would allow
this to loop over so that you could pull around.@
Chairman
Moyer - ATrying to eliminate the two worst situations, that=s for sure and help
Mr. Henderson.@
Howard
George - ASo that would be an option that she could - I believe with the uh
proposal that we=re working with on the city water, we would have a fire
hydrant right here at McCalla.@
Someone
said AOK@
Howard
George - AAnd I don=t know if there=s requirements with the private roads to
have fire hydrants within the development?@
Chairman
Moyer - AAre you indicating - I just want to be clear for the record - are you
indicating your agreement to looping that road to solve that problem? I mean I don=t want to put words in your
mouth but@
Howard
George - AWell I=d like to uh talk with Mr. Hoffman and propose that to him,
yes.@
Angela
Beeker - AWhen you said that in your proposal for water with the City there
would be a hydrant there - could you indicate the proximity of which lot you
were referring to, just for the record.@
Howard
George - APaul. It would be on
Ballenger Road uh.@
Angela
Beeker - AOh, OK, at the entrance?@
Howard
George - AAt the McCalla - the road shown@
Angela
Beeker - AAt that intersection?@
Howard
George - AYes, correct.@
Angela
Beeker - >OK, just - just to clarify the record.@
Howard
George - AThat=s where the proposed hydrant?@
Paul
Patterson - AYeah, it would be at the entrance. That=s basically where we=d stop and put in a master meter for
the whole subdivision. There would be
no fire hydrants inside cause there=s an existing 3" to 4" lines
inside. You can=t put a fire hydrant on
a smaller than 6"line so@
Angela
Beeker - AOK@
Paul
Patterson - AThere=ll be no internal except for maybe on the pond for@
Angela
Beeker - ADry hydrant@
Howard
George - AAnd the pool@
Chairman
Moyer - AAny uh - Lex any other questions for Mr. Hyder at this time?@
Lex
Veazey - ASome rebuttal.@
Chairman
Moyer - AOK. Mr. Henderson do you have
any questions for Mr. Hyder? Mrs. King,
do you have any questions for Mr. Hyder?
Alright does the Board have any further questions? Staff, do you have any questions for Mr.
Hyder? Alright. We will then move to uh - if there=s no more
questions from anybody we=ll then move to uh - rebuttal.@
Angela
Beeker - AOh - she - I=m sorry she isn=t finished.@
Karen
Smith - AWe kinda jumped into Mr. Hyder before I had quite finished.@
Chairman
Moyer - AOh, I=m sorry. I thought you
were finished.@
Karen
Smith - AUh I was just gonna mention two other things. One is I do have some definitions - I didn=t
know if that was going to be an issue or not.
If - if the Board needs them, I think Mr. George uh informed you about our definitions on
park models and that kind of thing but if you have any questions I do have
those if you need them and uh I think you were going to ask me about uh farmland
preservation ordinance or something like that.
I did talk again. I had seen Ms.
Henderson=s letter and I did speak uh with Marvin Owings. We had had a conversation a few weeks ago
with regard to the zoning ordinance and the spraying issue and I did speak with
him again and he did state that he=s not aware of any uh state regulations on
the buffering for spraying. As for the
farmland preservation ordinance, we do have a copy with us. I did look at that and there are some
provisions in it for uh subdivision and planned unit development plats. They do have to uh show or state that they=re
within a half mile - property=s within a half mile of a farmland preservation
district. That=s the only real
reference I saw to any kind of distance - was really just in reference to the -
those districts themselves or properties within those districts now. It doesn=t say for RV parks and that sort of
thing cause these aren=t recorded but again that may be - if there=s an
awareness issue or something that you wanted on this plat, we could look at
that but I=m - I do have a copy of the ordinance if somebody wants to look
through that.@
Chairman
Moyer - AWell, I think we=re heading to the point Mr. George is gonna have to
do some checking with his parties and I think Alan if you have any evidence -
specific evidence with respect to that buffering, you=re gonna have to get it
to us and get it in the record or we=re gonna have to disregard that, based on
what Karen has - has said to us.@
Karen
Smith - AAnd I=m happy to look further into anything too.@
Chairman
Moyer - AOK@
Angela
Beeker - AMr. Chairman, I do a question for Karen.
Chairman
Moyer - ASure@
Angela
Beeker - AUm with regard to the definitions that you referenced um are those
industry standard definitions?@
Karen
Smith - AUh I believe they=re - they=re coming out of our zoning ordinance and
we use the North Carolina State Building Code as the basis and they do
reference um for manufactured home - for example reference the HUD standard and
the park model uh references that it doesn=t meet state building code and it=s
built in accordance with HUD code but it doesn=t meet the size requirements for
a manufactured home.@
Angela
Beeker - AUh would you have any objection to us admitting that into evidence
and - I=m trying to protect uh the ability for everyone to know what was meant
by this if it=s approved in the future.
So uh would you object to us putting that in the record and then if it=s
approved including those definitions in as what is permissible in - in the RV
park. Would you have any objection to
that?@
Karen
Smith - AI=m going to mention that I had thought to offer a condition might be
that you limit it only to those types of units that he specified and not
include manufactured homes specifically in that new section.@
Angela
Beeker - ARight@
Karen
Smith - AI don=t think we have anything to say about the previous section.@
Angela
Beeker - ARight. Could you hand those
up to the Clerk?@
Chairman
Moyer - AAlright quickly - will there be any questions for Karen, from any of
the parties?@
Karen
Smith - ACan I mention one other thing I forgot about?@
Angela
Beeker - AMr. Chairman, before she does that - could the record reflect that
the petitioner had no objection through the nod of a head - had no objection to
us using these definitions uh in the event that the uh permit or vested right
is approved.@
Chairman
Moyer - AAlright.@
Karen
Smith - AThere was just one other thing.
Um I spoke with uh Mr. George about this yesterday - I did just happen
to look. I have a map that shows that a
portion of the overall property including a little bit of this piece falls
within the 100 year floodplain as shown on the maps that we have from 1982 and
I=ll just put that up on the document camera and - uh Mr. George may want to
address this but he had informed me that they have not had any trouble from
flooding and you may want to speak to him about that. Let me put that up first though.@
Chairman
Moyer - AUnfortunately we=re gonna hafta take about a five minute break to
change the tape - we=re out of tape and we have to record all of this. Otherwise the public will be very confused
and we won=t have a solid record. So we=ll
have to take five minutes now. What we=ll
do is complete the testimony, rebuttal testimony and then we=ll see what we do
with respect to going forward. So we=ll
break now for five minutes or whenever we can get the tape changed then we=ll
finish this hearing.@
Technical
break -
Chairman
Moyer - AOK, we=re back in session. We=ll
continue the quasi-judicial public hearing with respect to a statutory vested rights for Lakewood RV Resort. We were in the process of getting direct
testimony from the parties when our tape ran out. Karen you were - you were up so now I won=t cut you off. I=ll let you try to finish. But you have a 2 hour limitation.@
Karen
Smith - ADo you - do you remember where I was. I=m not sure when it cut
off. Did I get in the floodplain part?@
Several
responses but they were all talking at once.
Karen
Smith - AI was just starting that, OK.
There is a map on the television screen right now that shows - its the
entire RV park property and then the area in blue is the 100 year flood plain
as shown on the maps that we have from 1982 - Federal Emergency Management
maps. Uh and so the area sorta to the
southeast uh does fall partly into the plan that you=ve got for the phase I
. I did speak with Mr. George about
this yesterday and so he can probably address the Board on any knowledge he has
of - of flooding in that area. Again we don=t have a - a regulation that
pertains to this but I just wanted to
make you aware of the - the map.@
Chairman
Moyer - AAny questions for Karen? Ms.
Beeker.@
Angela
Beeker - AI was just gonna ask her to make sure that um she gives a copy of -
or gives that to Ms. Corn as well as that picture that was up so@
Karen
Smith - AOh sure. I can do that.@
Chairman
Moyer - AFor the record@
Angela
Beeker - AShe can be the official keeper of all the exhibits.@
Commissioner
Gordon - ACan I? If I=m looking at this
correctly - try and get my perspective here though. The existing park is already in part of the - park of that
existing park is in the floodplain now?@
Karen
Smith - AThat=s right.@
Commissioner
Gordon - AYeah, OK.@
Chairman
Moyer - AMr. George, do you wish to make a statement with respect - I=ll tell
you uh - my present plan is that we=ll finish the direct evidence but then we=ll
continue this hearing to a date so we
can get into rebuttal evidence and then if we need to cross examination of the
rebuttal evidence and then we=ll have closing statements and finish it that
way. Uh because I think with the
evidence coming back we=re gonna have to have rebuttal anyway so we might as
well move in that - in that direction.
So you=ll have a chance to come back if you want to think about this
issue and come back talk to Lex and see
how you want to present it but let=s finish up any direct testimony so when
people - when we come back the next time people will know what=s on the table
and any other issues so if there=s any other issues to be raised, any other
direct evidence from any of the parties, I like to get that out on the - the table right now. Mr. George.@
Howard
George - AAs to the uh floodplain there - I=ve - Mr. Hoffman purchased the property
September 1st and uh I was on the property from May through
September concerned as to gully washers and all the different things you know
and there really isn=t any problems - there=s great drainage there and we - we
just don=t have a problem.@
Angela
Beeker - AYou mean in 2001.@
Howard
George - AIn 2001, correct.@
Lex
Veazey - AI would like to ask Mr. George uh some questions that he=s familiar
with if that=s OK with the Board. Uh
Mr. George what is the width of the existing road right-of-way in the existing
park?@
Howard
George - AWe actually don=t have a right-of-way. We have a - the road is approximately 15 feet wide.@
Chairman
Moyer - AThe travelway - you talking now.@
Howard
George - AUh where we have asphalt.@
Chairman
Moyer - AWhere you have asphalt.@
Howard
George - ACorrect@
Chairman
Moyer - AIt=s 15 feet wide?@
Lex
Veazey - AAnd what is the plan as far as the width of the asphalt in the uh new
section?@
Howard
George - AUh 25 feet including the right-of-way and there=s uh - there=s a uh
typical private road section on your A
Lex
Veazey - ASo if I can clarify that - the - its 16 feet wide on the new pavement
right but a right-of-way width of 25 feet.
Is that correct?@
Howard
George - ACorrect.@
Lex
Veazey - AAre these roads - do we have a problem with cutting into bank -
embankments or anything or is it fairly level - all the roads in the new
development?@
Howard
George - AI don=t believe we=re gonna have any problems - uh in talking to
Paul, our engineer.@
Lex
Veazey - AOK, now the width - the length of uh the longest road that we were
talking about on the - on our map coming right off of Ballenger Road and
hanging right, that width is about how long - that road?@
Howard
George - A260 I believe.@
Lex
Veazey - AOK. And the other roads that
have a dead end, are they any of them longer than that or@
Howard
George - ANo they=re not.@
Lex
Veazey - AOK@
Chairman
Moyer - ASo the first one you mentioned Mr. Veazey is just going down to lot 7
and 10.@
Lex
Veazey - ACorrect@
Chairman
Moyer - AThat=s the length@
Lex
Veazey - AYes Mr. Chairman.@
Chairman
Moyer - AOK@
Lex
Veazey - AThose are all the questions I have right now.@
Chairman
Moyer - AWell just follow-up - you said the travelway in this new section going
down to 7 and 10 will be 16 feet of blacktop right?@
Howard
George - AThat=s the typical road section that you see on your drawing there.
Uh some of our existing roads are uh we have gravel and we do have asphalt in
the existing park. And uh I don=t know
if a decision has been made whether we=re gonna uh go with asphalt@
Chairman
Moyer - ABut if you follow your - your typical road section, you=re gonna have
at least 16 feet of roadway and 2 foot of shoulder for a total of 18 feet@
Howard
George - AAnd then the drainage yes@
Chairman
Moyer - Aor something@
Howard
George - AYes@
Chairman
Moyer - AOK. Bill@
Bill
Patterson - AComment about the flood map Karen put on the screen@
Chairman
Moyer - ARight. This is Bill Patterson.@
Bill
Patterson - AThat map=s been taken off of the government flood map and inserted
onto your tax maps incorrectly and it makes it look like there=s more flood on
this piece than there is next door and that=s not the case. I don=t have the map.@
Chairman
Moyer - AWell can - we=re gonna be coming back for additional evidence. Can you bring back what would be correct for
us at that time. Can that be done?@
Bill
Patterson - AI=d have to go draw a map - you know cause it=s just that if you
look at what she put on the screen it shows the creek one sided on the flood,
well that=s not the case. The land=s
the same elevation both sides. It
should be shifted over. She=s got the
map over here and has had it on the screen.@
Chairman
Moyer - AAlright well we=ll - we=ll take a look at that.@
Bill
Patterson - AI don=t want - I don=t want the flood thang to be a big issue when
it=s not. If you look at the plat real
careful that you got, you=ll see T numbers along the creek. Those are for numbers to get em out of Dodge
if the creek starts to get up. That=s
what that T is. No park models are.@
Commissioner
Gordon - AThat would be my - I guess my question - how long does it take to get
one out of the way if water - if we
have heavy rain and if you needed to - I guess it wouldn=t take long.@
Bill
Patterson - AThat depends on whether it=s somebody that can do something or
somebody who can=t do something.@
Laugher
followed.
Bill
Patterson - AIt=s that simple.@
Commissioner
Gordon - AAssuming neighbors would help.@
Chairman
Moyer - AAlright.@
Angela
Beeker - AFor purposes of clarification then Mr. Chairman when this is
concluded the only issues that may be addressed at the next hearing are further
- are the continuation of - is further evidence on the issues that have been
raised today.@
Chairman
Moyer - AThat=s correct. Is that clear everybody? . . . somebody will come in and say I=m concerned
about X.@
Angela
Beeker - ARight@
Chairman
Moyer - AWe=re gonna continue this hearing and will continue based on what has
been presented so far - or any open issues that have been raised today. Anybody else have anything they=d like to
say as direct testimony today. We=ve
heard from all the witnesses. I think
everybody=s had a chance to question everybody. I think we then need to move to continue this - how bout to a
date certain.@
Angela
Beeker - ATo a date and time certain, yes sir.@
Chairman
Moyer - AAnd we have - how=s the 45 day rule?@
Angela
Beeker - AActually you have to make a decision under the vested rights
ordinance in 30 days um . . . several people talking here . . . at the
conclusion of the hearing, OK. So that
gives you plenty of time under both of them, right.@
Commissioner
Hawkins - AContinue on the 11th of March?@
Angela
Beeker - AYes sir. You might ask them
that.@
Chairman
Moyer - AIf we continue to 11th of March - to all the parties -
would that be fair and give you sufficient time to gather whatever evidence -
additional rebuttal evidence you=d like?@
David
Nicholson - AThat=s an evening meeting.@
Chairman
Moyer - AIt would be at 7:00 when we normally have our - our uh - we=ll
continue this public hearing. Ms. King
is that acceptable to you - and Alan?@
Alan
Henderson - AYes sir.@
Chairman
Moyer - AAnd Mr. George. Alright then I
move we continue this quasi-judicial proceeding - hearing until March 11 at
7:00 for the purpose of receiving rebuttal evidence with respect to the matters
already presented and then deliberation by the Board. Any further discussion? All in favor of that motion, say aye.@
AAye@
in unison.
CLOSED SESSION
Chairman Moyer
made the motion for the Board to go into closed session as allowed pursuant to
NCGS 143-318.11 for the following reasons:
1.(a)(1) To prevent disclosure of information that
is privileged or confidential pursuant to the
law
of this State or of the United States, or not considered a public record within
the meaning of Chapter 132 of the General Statutes, in accordance with and
pursuant to NCGS 143-318.10(e) and Article II of Chapter 11 of the Henderson
County Code.
2.(a)(4) To
discuss matters relating to the location or expansion of industries or other
businesses in the area served by the public body.
3.(a)(3) To
consult with an attorney employed or retained by the public body in order to
preserve the attorney-client privilege between the attorney and the public body
which privilege is hereby acknowledged.
To consult with an attorney employed or retained by the public body in
order to consider and give instructions to the attorney with respect to a
claim: Henderson County and Cane Creek Water and Sewer District v.
Asheville-Buncombe-Henderson Water Authority.
Commissioner
Hawkins made the motion to pull item AE - EMS Southwest Station@ from the Staff
Reports. Chairman Moyer stated that a
number of things have occurred this morning which need some clarification. All voted in favor and the motion carried.
A vote was
taken on the Chairman=s motion to go into closed session. All voted in favor
and the motion carried.
Announcement
Following
closed session, Chairman Moyer announced that Commissioner Hawkins had to leave
the meeting and will not be present for the rest of the day.
JAIL DEMOLITION
At the Board
meeting of February 4, 2002, staff recommended the Board award a contract with
H & M Constructors for the demolition of the old jail. However, the issue of the budget for this
project was raised and staff requested that the item be pulled from the agenda.
Mr. Nicholson
informed the Board that he had researched the issue raised at the February 4
meeting concerning the budget for the demolition of the Jail. As part of the original budget, he had
penciled in $200,000 for demolition and $50,000 for the abatement work. However, in the plan submitted to the Board
at the close of budget deliberations, he only indicated a total amount of
$200,000. Mr. Nicholson apologized for
the error.
Mr. Nicholson
had asked H & M Constructors to breakdown their bid for demolition of the
jail. The following is the detailed
cost estimate:
C
Asbestos/Lead Paint Abatement Phase - $22,026.00
C
Old Jail, Patrol Building and Interior Ground Floor Annex
Demolition Phase - $138,380.00
C
New Exterior Walls and Structural Stabilization of Annex
Phase - $75,494.00
The actual cost
of the demolition and abatement totals to be $160,406. The remaining cost is for the exterior walls
and structural stabilization of the Annex.
The information on the condition of the jail wall and the need to
stabilize the Annex was not known during the development of the budget.
We only
budgeted $200,000 for the project in this fiscal year. However, we had hoped that this project
would be out to bid by this time. We
also budgeted $330,000 for debt service payments in this fiscal year that will
not be used. These funds, with the
exception of some architectural and engineering costs, remain in the Capital
Projects Fund. Should the Board decide
to proceed with the demolition project, monies are available within the overall
Fund to cover the project. The other
alternative would be to postpone this phase until the entire project is bid.
Following much
discussion, Chairman Moyer made the motion to reject all bids and not to move
ahead with this project at this time due to budget restraints. All voted in favor and the motion carried.
UPDATE ON
PENDING ISSUES
Blue Ridge Bike
Bash
Chairman Moyer
reminded those present that at the last meeting the Board had a lot of
discussion with respect to this. There
was more discussion this morning with respect to issues that have been raised
but Commissioner Ward had asked some questions with respect to the ABC laws and
the impact on the county from a liability standpoint. The Board had asked Mrs. Beeker to research this and report back
to the Board.
Angela Beeker
was responding to four questions Commissioner Ward had previously posed, two of
which were in relation to ABC laws. The
first related to the liability of a proprietor if they serve someone alcohol
and they go out and have a wreck and injure a third party. The second related to what input the Board
of Commissioners has to the ABC Board with respect to this permit. The third was Awill off-duty Henderson
County Sheriff=s Deputies be used?@ The
fourth was regarding the Myron poker runs. Mrs. Beeker stated that she had no information on the poker
runs.
Disclaimer
Ms. Beeker
stated that since this was being presented to the public, this information was
prepared specifically for the Board of Commissioners and was not intended to be
relied upon by third parties as giving them legal advice or legal opinion. It is intended to serve as a broad basic
overview of the laws and should not be relied upon in any particular case.
Advice should be sought from independent counsel in regards to any particular
case or set of circumstances.
She gave the
Board a brief overview of the ABC laws relevant to the Bike Bash. It is
her understanding that the promoter of the event intends to apply for a special
one-time permit to serve alcohol and they can do this. Such a one-time permit can be granted even
in a dry county, which of course Henderson County is. Mrs. Beeker stated that
she had talked with a number local ABC folks and State ABC folks as well as
Doyle Alley in Raleigh who will actually make the decision of whether or not to
grant this permit. The permit would be
issued by the ABC Commission in Raleigh, not the local Board. The permit would subject the holder to all
the rules and regulations
that a regular
ABC permit holder would be under unless specifically provided otherwise. The permit may be applied for by a bonafide
non-profit. Based on her conversations
with the State folks, it appears that this is the mechanism that Mr. Myron
intends to use to be able to sell alcoholic beverages at the bike bash. According to conversations with the State
people, he has not yet made any application.
There has been no application submitted for a beer and wine permit. Mrs. Beeker stated that the non-profit would
have to be the applicant and the permit would be issued in the name of the
non-profit. The non-profit would be
entirely responsible. It would have to
be a bonafide non-profit that is recognized by the state and federal government
as a tax exempt entity or officially recognized in some manner as a
non-profit. There are two different
subparagraphs in the special one-time permit that deal with non-profits, one is
very specific that it has to be recognized, the other is not but she felt that
the superimpose that requirement in both places.
Mrs. Beeker
stated that the promoter or any other person would be considered to be an agent
or employee of the non-profit for purposes of the permit. The non-profit would be responsible for the
conduct that occurred on the premises because the ABC laws regulate what
conduct can occur if you=re going to be selling alcohol. There is no regulation as to the amount or
percentage of proceeds which must go to the non-profit, it simply has to be a
fund raising event for the non-profit.
She had no information as to which specific non-profit would be used in
this case to apply for the permit for the ABC permit. There are several different scenarios
you could use to get a one-time ABC permit but Mrs. Beeker felt that through a
non-profit would be the only mechanism that would qualify in these
circumstances. This is what promoters
use for special events to be able to sell beer and wine. They contract with a non-profit to do this
for them and very often the non-profit doesn=t understand the magnitude of the
responsibility that they are undertaking.
The application has to be
submitted at least 14 days in advance.
It must have law enforcement signature on the application to show that
they are aware of it. She raised a
question as to whether or not they would be able to sell fortified wine and
liquor. There is no right of appeal if
it is denied. It is solely in the
discretion of the ABC Commission for this special one-time permit. The factors that would be considered in
issuing the permit are the same they would use for a permanent permit because a
one-time permit is subject to all the same rules and regulations of a permanent
permit unless specifically provided otherwise and it does not specifically
provide otherwise. They should look at
the reputation, character, and criminal record of the applicant but remember
for the bike bash the applicant would have to be a non-profit. The number of places already holding permits
in the neighborhood, parking facilities, and traffic conditions, the kinds of
businesses in the neighborhood, whether it is within 50 feet of a church or
school, zoning laws, recommendations of the local governing body and any other
evidence that would tend to show whether the applicant would comply with the
ABC laws and whether operation of the business at that location would be
detrimental to the neighborhood should also be taken in consideration.
Chairman Moyer
asked that I do this bike bash as practically a verbatim transcript, as
follows:
Chairman
Moyer - ALet me take you back to the beginning cause you=ve added something
here. Is there such a thing as a
temporary permit with respect to alcohol.
I know there is with respect to the whole situation but is there with
respect to alcohol?@
Angela
Beeker - AI don=t understand what you mean.
It would be a one-time permit so in that essence it is temporary. It=s just for this event. It would be strictly limited@
Chairman
Moyer - AYou don=t mean temporary like with respect to the overall bash where
you get a preliminary one or@
Angela
Beeker - AOh, no I=m sorry, no. No,
there=s just one permit. Yes sir, yes
sir. The decision to be made - that the
gentleman that makes the decision does rely heavily on law enforcement and on
Board of Commissioner input. If you
wish to give input he will listen. He
made that very clear. The permit would be enforced by the alcohol law
enforcement division in Asheville - the ALE Officers. A violation of the permit could submit the permittee to
suspension and revocation of the permit, fines and forfeitures, suspension and
revocation of business license if they have one and criminal penalties. Even if the permit were to be denied though
the patrons could bring their own beer, wine onto the premises.@
Chairman
Moyer - ABut going back again to the penalties, of course the non-profit is the
one that may be on the hook@
Angela
Beeker - AAbsolutely@
Chairman
Moyer - ANot the promoter@
Angela
Beeker - AThey would be primarily on the hook that=s correct. Now one observation that one state person I
talked to made is that if the permit is granted it becomes a permitted event
and more rules apply and the ALE officers then have jurisdiction to enforce
that permit so there is a good question there whether it=s better to have a
permit or not if you know that alcohol is going to be consumed on the premises
anyway. I listed for you some of the
rules that apply:
C
The permittee must keep the premises
clean, well lit, and orderly.
C
It=s unlawful for the permittee or his
agent or employee (which would include the
promoter or anyone selling) to knowingly allow
any of the kinds of conduct to occur
on the premises: any violation of the ABC laws
which with regard to alcohol are pretty expansive; any fighting or other
disorderly conduct that could be prevented without undue danger to the
permittee, his employees, or patrons; any violation of the controlled
substances, gambling, or prostitution statutes or any other unlawful acts; any
conduct or entertainment by any person whose private parts are exposed or who
is wearing transparent clothing that reveals the private parts; any lewd or
obscene entertainment or conduct as defined by the rules of the
commission. There were a couple of
others but these are just the ones I listed.
Now@
Chairman
Moyer - AI=m glad you didn=t give us a total list.@
Angela
Beeker - AThey would have embarrassed both you and me I=m afraid. The
Board should receive notice of all permits granted. You should receive notice of all permanent permits granted out in
the county so I=m assuming you should get notice of this one as well. Are there any questions about the ABC laws
related to the special one-time permit?
OK, I=ll now move briefly into the question about liability for injuries
to third parties that are caused by impaired drivers who have been served you
know by a vendor. There are three
statutes that are relevant here. All
three by the way are part of the ABC laws.
The first is North Carolina General Statute 18B-303 which says it is a
crime and this is for the one holding an ABC permit or an ABC store OK. It=s a crime to knowingly sell or give
alcohol to any person who is intoxicated.
Secondly 18B-302 says it=s a crime for anyone to sell or give wine - I
should say alcohol - to any underage person regardless of whether or not they
are intoxicated. So the difference is
if you=re an adult you have to be visibly intoxicated before it would be
illegal for the person to sell you alcohol.
If you=re underage it doesn=t matter whether you=re visibly intoxicated
or not, it would be a crime to give or sell alcohol to that person. The third statute I mentioned briefly at the
last meeting and that is chapter 18B Article 1A - it=s known as the dram shop
act and what this does is create a statutory remedy for third parties who are
injured due to an underage driver causing an accident while they are
impaired. It deals specifically with
underage drivers and by it=s terms this particular act does not apply to
one-time permit holders so this particular act would not apply to this
particular event because it would be under a one-time permit.@
Chairman
Moyer - ABut that=s only with respect to minors?@
Angela
Beeker - AOnly with respect to minors, correct, under this act. Now there are three ways generally to
establish liability for this type of accident.
One would be just regular ole common law negligence, the second would be
common negligence per se, and then the third is this dram shop act. There is no
automatic liability of sellers for damages to third parties that are caused by
impaired drivers that purchased alcohol from them. Just because they sell alcohol to someone and that person
goes out and causes an accident doesn=t mean that they are going to be
liable. There has to be some negligence
on their part in doing that and in all of these dealing with adults there is a
key element of whether they knew or should have known that the person was
intoxicated, were they visibly intoxicated when they made the sale. And the second part at least for the common
law negligence actions is whether it
was likely that they might drive. Now
if you flip over to the next page maybe I can make that a little bit more
clear. Basically with a negligence
action there are four elements:
C
Duty
C
Breach of duty
C
Proximate Cause
C
Damage
With
respect to duty - case law says that a seller owes a duty to the general public
not to serve one who is visibly intoxicated and is likely to drive. OK, so the duty is pretty much there, if
they=re visibly intoxicated and likely to drive. Now there=s something called negligence per se that means if you
violate a public safety statute like a criminal statute that=s for public
safety then that duty is presumed so if they were to - if it could be proven
that they violated that statute of serving alcohol to one - or selling alcohol
to one who was visibly impaired then this duty is gonna be presumed, regardless
of whether they were likely to drive or not.
There=s a little bit of a difference there. If you can prove a violation of the statute it=s a little bit
easier to prove. The breach of the duty
- if you sell alcohol to one who=s visibly intoxicated then I think that=s
gonna be a breach of that duty, especially if it=s likely that they are gonna
drive. That sale has to be a proximate
cause of an injury in order for them to be liable. It has to be a contributing cause. So those are the basic elements of negligence. Trying to put
that into perspective for the Blue Ridge Bike Bash - it would mean that the
sales would have to be made to people who were visibly intoxicated, it would
have to be reasonable to assume that they were then going to drive and then
they would have to negligently operate their vehicle and cause an accident in
order for the promo - or the non-profit and also promoter to be liable. Does that make sense.@
Commissioner
Gordon - AThat=s the same as it is for any seller@
Angela
Beeker - AThat=s the same as it is for anyone else@
Commissioner
Gordon - AAny seller?@
Angela
Beeker - AThat=s correct. Now the dram
shop action is a little bit different.
It just has to be - if you=re going under that act - it just has to be@
Chairman
Moyer - AIt doesn=t apply@
Angela
Beeker - ABut it doesn=t apply but I will say that the common law actions for
ordinary common law negligence is available regardless of whether it=s a minor
or not. OK if it=s a minor or adult it doesn=t matter they could be held liable
to the same extent. Just because this
act doesn=t apply it has nothing to do with the common law ordinary action for
negligence. Any questions about that?
With regards to input by the Board of Commissioners and the public generally
there is no formal process for the public at large to have input but except
using the telephone and writing letters and that kind of thing. With regard to
the Board of Commissioners it is a little bit different. Before a permanent retail permit is issued
and I realize that=s not what we=re talking about here the Board receives a
notice from the ABC Commission in which you=re asked to give input. You can object basically. You have 15 days. And you got one of those with regard to the Elk=s Lodge I think
last year. No special notice is given
to the Board for these one time permits however as I told you just a few
minutes ago - if you wish to give input they will listen. The Sheriff does get notice of all these
one-time permits because he has to sign-off on the application that he has seen
it. There is something that I wasn=t
aware of before I did this further research though and that is that the county
can appoint an official to be kinda the official spokesperson of the county
with regard to giving inputs in all of these situations. It has to be done by resolution and sent to
the ABC Commission and that=s never been done for Henderson County. So if you wish to you could appoint by
position preferably so that we wouldn=t have to change the Resolution if
somebody left employment, somebody to speak on behalf - on your behalf with
regards to these matters. If there is a
contested case hearing with regard to a permit that person would automatically
have a right to participate. Even if you
didn=t appoint somebody you could still make a motion to intervene on the county=s
behalf but it=s just you know I guess a little bit simpler if you have that
person or that position named and they know it. So that is an option that you have. As I=ve already said no special procedures exist for public
input.
With
regard to off-duty officers providing security, I spoke with Mr.
Highsmith about this and the Sheriff has a policy to govern how off-duty
deputies can provide private security for someone. As I read his policy, officers that might provide security in
this event that weren=t on the clock for the Sheriff would be doing what=s
called special duty. They would still
be under the jurisdiction and control of the Sheriff. They would still be acting as deputies. It just means that their
salary would be paid by the third party and it=s my understanding - I could
have this wrong - it=s my understanding that the Sheriff would select who would
be eligible to do this type of private duty for this event. If you have any other questions about that I
would be happy to ask Mr. Hunt to come and talk to you directly about that.@
Chairman
Moyer - ADon does that answer the questions that you raised?@
Commissioner
Ward - AWell partially Mr. Chair. It
gives us a point of reference. It still
didn=t per se say how many deputies that he was gonna take. He talked about 50 law enforcement. I still didn=t know if they was gonna come
from Henderson, Buncombe, Rutherfordton, or - or whatever so you know with the
fourth of July was my main concern.@
Chairman
Moyer - AYeah. Good . . .@
Angela
Beeker - AI know the Sheriff is aware of that because the Sheriff=s department
met with Mr. Myron last week and they had these specific discussions and only
to the extent that he has officers available would any be able to provide this
off-duty or special duty assignment.
Mr. Highsmith made that very clear.@
Commissioner
Gordon - ABut that - if a permit is applied for to DENR that=s got to be a part
of the application - is getting all that straightened out and approved.@
Angela
Beeker - ACorrect@
Commissioner
Gordon - AAnd that has to be done before the permit will be issued, right?@
Angela
Beeker - ACorrect. He has to provide a
detailed security plan that has to be signed off on by the Sheriff as a - one
of the requirements of getting his State permit and as of Monday no application
or information had been received by that State agency either with regard to
this event, as of this past Monday.@
Chairman
Moyer - AI think it=s very important with respect to this event - a lot of
money is starting to be spent and a lot of anxiety of our citizens and other
groups and we=re gonna start to be battling back and forth here to see this
building up and I think we can no longer step back and not take - fail to take
a position on this, particularly under this ordinance. You put two things together. We receive no special notice that - of this
permit process going forward and this is an extremely important permit. We=re talking about selling alcohol in a dry
county through some type of rigged up non-profit entity and I think pursuant to
this and it=s very very clear in here - we said before but we don=t have a role
in this, well it=s very clear in what Mrs. Beeker has presented that the Board
of Commissioners= input is a significant factor in whether this permit will be
granted and I think we should go on record right now writing to the appropriate
people opposing the granting of any application for this event to sell beer and
a one-time permit for this event. That=s@
Commissioner
Gordon - AWell, I think you need to back up and think through just a minute
because as this says - from what this says the Sheriff will be notified
immediately before the application even goes in. The Sheriff or law enforcement office has to sign that they=ve
been notified and we could certainly make sure that the Sheriff notified us and
I=m sure he would if that were to happen. It also says they=re not gonna issue
the permit unless they hear - they=re gonna rely on our input before the State
would make that decision. They=re gonna have to ask us.@
Angela
Beeker - AIf you wish to - No, if you wish to give input they will listen.@
Commissioner
Gordon - AI think we could be notified.@
Chairman
Moyer - AMaybe.@
Commissioner
Gordon - ABut I think the thing amusing is that - and I think what one memo
that I saw pointed out was that if it=s sold it=s controlled. If it=s not sold and these people are
bringing in cases and coolers for beer then you could have more of a problem
with excessive drinking than you would if - with it. And I don=t - I think it=s a mute point, I don=t think this is
going to be permitted to start with but I think that=s something you should
weigh in before just jumping off and saying - so no right now and - when no
permit=s even been applied for.@
Chairman
Moyer - AWell but I - I think we should jump in and I think we should further -
I understand your concern with respect to the alcohol permit but I think from a
broader standpoint this Board should take a position against having the event
where it=s sited to be located. I think it=s the wrong site. You look at the ingress and egress and you
look at the potential for flooding and the residential areas around there. I think it is the wrong site and I think it=s
- we should be willing to step up and take a position, a strong position
against any permit for this event. So I
would do both of them at the same time.@
Commissioner
Ward - AAs you well know Mr. Chair, I went to Daytona. Going to Florida and I stopped back in
Daytona. Luckily I=ve served on the
Board long enough I made some contacts through other County Commissioners and
City Officials and I spoke to one of them down there and they plan - it=s next
week-end to be exact - is Bike Week in Daytona. And I spoke to George, a Commissioner down there and he said that
they plan three to four weeks in advance for the bike. They have everything scheduled. They even go as far as the Sheriff to divide
up if they see more than ten motorcycles riding into Dayton, they stop em and
turn em back. They are prepared for
this. To be a first time event in Henderson County I don=t think we=re
prepared. The location - I will agree
is not the right location. They will
speak to me - I talked to some of my friends that live eight blocks from
downtown Daytona. They said when they crank
up their motorcycles, and I=ve been there and that was probably one of my
motorcycles that cranked up, everybody wants to raise that motor and you saw em
up on Main Street stop it, he said it vibrates the windows eight blocks
away. I feel sorry for the people that=s
on Misty Lane. I know the area. We=re gonna have a fourth of July
celebration at Etowah Park and I think we=ve forgot that we=re in the middle of
tearing down the old Etowah School and we=re gonna have dump trucks working,
probably the fourth of July because it=s gonna be a tight schedule by talking
to Mr. Barnwell. And we=re gonna have
construction going out that way. If
nothing else I would say write a letter to the State opposing to the site. Dry county and my religious preferences - I
think - our forefathers stated that we wanted to be dry and I will uphold to
that but - it=s like Marilyn said - they have events down there, they
scrutinize and they allow the sell but - of beer because they can control
it. He said if you let em brown bag it
gets out of hand and it just puts more jeopardy on the deputies and the State
Troopers.@
Commissioner
Gordon - AAnd more likely to have people driving to town to buy the stuff.@
Commissioner
Ward - ACause there=s no designated driver on a motorcycle. You=re either driving or you=re riding and
you surely don=t want somebody that=s drunk on the back of the motorcycle when
you=re trying to drive. So that was one
of the key things right there. They
said with the ABC you can permit it. It
would be the best thing to do but after explaining to one of them and he=s been
up in here in this part of the country and I told him it was in Etowah, next to
the park. He knew where the park was
and he said that was a totally wrong location.
They=re gonna have a 160,000 bikers at Daytona this week and 30,000 they
don=t that we can get 30,000 for a first time event. He said you=ll be lucky to get 5,000 to 10,000.@
Commissioner
Gordon - AThat=s what I=ve been told to and I think we need to - we need to I
think reiterate for the people who did not see our public comment this morning
that we had people from that immediate area who would, according to the State
Law have to sign a notarized permission to allow this to happen who stated that
they will not sign it. So I think we=re
spending an awful lot of time and effort on something that is really a dead
horse. I don=t see how in the world, if
the State rules are enforced anything can happen and I think the State rules
will be enforced.@
Commissioner
Ward - AAnd I agree to you to a point but I think if we don=t step forward now
and show some leadership, through the
Chair and work with this promoter - I think the Honda Hoot was great in
Henderson County, Shroders, Dale Maxwell - they benefitted. The local business people benefitted, the
hotels benefitted from the Honda Hoot.
I mean you can tell when it was in cause from John Deere on into town
the only thing you saw was Hondas, the gold wings. And you know everybody was implying to Harleys but the goldwing people=s gonna come to these events
too. I think we need to encourage them
to come to Henderson County or Buncombe or Haywood because sales tax is divided
but also we need to promote it in the right location, Ag. Center would have
been a perfect for this. The Honda Hoot
was there. I think we need some kind of
event up there to give us a surge and I think we need to help him, if not
county step in it, to the front somewhere and try to promote this where it is a
successful event and it=s not showing a bad taste to our citizens. I wouldn=t want to live up there knowing you
know people will raise the motorcycle motors and - it - the vibration and I
mean we might as well - the gentleman said you might as well take a four day
vacation while that was there.@
Commissioner
Gordon - AWell I think we=re all in agreement that we don=t think that this is
the best location for this to happen.
What concerns me is that we be careful about how this comes across, that
it doesn=t become that - I think what you=re saying is very positive. Because I=ve seen too many letters to the
editor that make this - well this is the retirees fighting - running this off
and it=s the local people and it=s them against us and that=s not the way this
should be played out. It has to be
based on this particular location with this many people and I think the state
statute addresses it very well and I think the state statute essentially makes
it impossible for it to happen in that location. But if you think it will make you feel better to say well we don=t
think this is a good location under some sort of a resolution, that=s
fine. I have no problem with that but
don=t make it a yes or no on the bike bash because I think as Don says there
are ways that some sort of a biker rally or event could be very well received
in the community, if it were in the right location and handled up front through
the right channels.@
Chairman
Moyer - ACommissioner Messer?@
Commissioner
Messer - AWell I kinda basically agree with a lot of stuff that Don says other
than the matter of fact that I don=t think that we can compare Daytona Beach to
a bike bash in Etowah and you know the recreation department like you or
someone stated earlier has a plan for some tournaments and etc. up there and
you know I=ve been out there and you know been over and talked to the -
to Mr. Myers and really what I=ve got a problem - first of all I think that the
numbers have been inflated big time.
You know I would say 5,000 or 6,000 or maybe 10,000 max and the timing
has a lot to do with it because it is the fourth of July. People have plans, etc. and etc. but I think
that we need to take a stand on the location, that we are not against bikes and
all this stuff with bikers against you know certain groups or certain people
and etc. I don=t think is right. I do
not approve of that and I would not take a stand on those standards but I do
think that that is definitely the wrong location for the site and just like
Marilyn stated our Sheriff has got all these rules and regulations pertaining to
alcohol and if they was to have the bike bash the big thing is I don=t think
that they would be able to sell alcohol there - just like Marilyn stated. People would be bringing it in by large
amounts and probably consuming a lot of it and then a lot of the question is
that our attorney tried to answer - I think would be - you know there would be
a lot of questions there. If something
was to happen then it would be a judge=s decision to make those decisions and
we could still be liable to an extent down the road if something like - you
know if something did happen. But I
really think that that is a bad location and personally I would like to see
something else come back to Western North Carolina containing bicy- or really
whether it be the Honda Hoot, the Har - you know some kind of Harley rally or
whatever. Those people do spend a lot
of money and they do leave a lot of revenue in Western North Carolina, not only
Henderson County but you know I=ve got a little business and you know I sit
there every Sunday afternoon and see a lot of business going to Lake Lure - you
know some days 200 bikes - I mean 200 motorcycles and they=re not all Harleys,
they=re not all Hondas or whatever. You
know it doesn=t matter but I think that the one big image out there is everybody
that rides a Harley Davidson is a bad person and that=s not right. You know but the location of that one of the
bash in Etowah - up that one road - I couldn=t go along with it you know. And I=m
willing to stand on those conditions that that one site I don=t think is
appropriate for that - for the bike
bash. @
Commissioner
Gordon - AWhy don=t we send a letter to Mr. Pennington that states our concerns
about the site itself in the event a permit application should come in. At this point he has no permit application
so it=s - but we could certainly do that.@
Chairman
Moyer - AWell I would like to make it stronger and I would move that we send a
letter to Mr. Pennington opposing having a bike bash at that site for the
reasons we have articulated with respect to access, flood plain, noise,
proximity of the park, etc. and make it clear in that letter and in the
resolution that we are not opposed to the bike bash and further that we worked
- would like to work with the promoter to find a suitable site but that this is
not the site for that and that we are going to oppose the - a granting of an
alcohol permit on that site because of it being a dry county.@
Commissioner
Gordon - AWhy don=t we - since Grady isn=t here this afternoon and since there=s
no permit that=s been applied for at this point in time - why don=t you draft
that resolution and bring it back at our next meeting so that we can all look
at what we=re saying before we vote on it?@
Commissioner
Messer - AYou know something else that - I think there=s a lack of
communication because just like our people spoke this morning about going on
the web site and reading - you know reading stuff from this bike bash and who=s
to say that that=s right - I mean if a man=s going to have or promote a bike bash
he should be - you know he probably should be allowed to go on the Internet or
do whatever he=s got to do but I personally think that there=s some bad
communication because there seems to be people putting you know things in place
that have - you know just like Angie said that this gentleman hasn=t even
applied for an alcohol permit yet even though we=re kinda I guess ahead of the
game and which really I think we should be.
But you know I agree with Mr. Moyer.
I think we need to take a strong stand against that location and against
that location only. If the promoter and
anyone from Western Carolina comes back to us with another site such as the Ag.
Center or whatever then we would do what we could do to make it happen.@
Commissioner
Gordon - A Well I - I would like to see it in writing before we send it. I think that=s something we should@
Chairman
Moyer - AWell I can bring the wording back but the motion is on the floor so,
Don@
Commissioner
Ward - AWell I agree Mr. Chair, I think we need to take a strong stand against
the location. But I - we need to see
the resolution. I=d like to have
Commissioner Hawkins here to make it a full Board without a doubt. His presence and some of his language is -
is as we saw is forthcoming in some of our decisions but I also think that time
is the essence for all sites - Mr. Myers especially - I mean he=s got -
evidently the way I understand it a million dollar event that he=s trying to
pull off and if you haven=t got one location he needs to start looking for another
location. I think a letter to him would
be most appropriate stating some of the reasons that you said.@
Chairman
Moyer - AHe=s also out lining up non-profits to be - and if we=re not going to
- if we=re gonna oppose this I think you ought to be clear and we ought to be
on record opposing it.@
Commissioner
Ward - AI=ve always said we need to be up front with everybody and I think a
letter to him immediately should be - should occur@
Commissioner
Gordon - AMaybe we need to ask him if he=s even going to apply for a permit to
hold one at that site in Etowah cause it=s looking like he=s not going to.@
Commissioner
Ward - AWe should definitely let him know our intent - our intent and as Angie
has stated you know we have a great
deal of input with ABC and with the mass gathering.@
Commissioner
Gordon - ABut if you get back to that 1,500 foot rule where every resident
within 1500 feet has to sign a written statement that agree with this, there is
no way the property can comply so I think we need to ask him@
Chairman
Moyer - A . . . behind that Marilyn. We should be taking a leadership role on
this. We=re the elected body in this and we=re not going to take a position.@
Commissioner
Gordon - ALook, I=m not going to argue that point with you. I=m telling you that I don=t think it=s a
good location. I said that. I=ve also said that we need to be careful
that we don=t make this a them against us thing and that we don=t jump the gun
when you=re looking at the state statutes that say specifically that this isn=t
going to happen.@
Chairman
Moyer - AWell@
Commissioner
Messer - AWell I really don=t think that we=re jumping the gun Marilyn. I think we=re - you know I think we=re taking a stand against that location and
against that location only and maybe that might be the best thing. Just like I stated awhile ago, communication
could be a big impact in this. Maybe
going back to Mr. Myers and see what his initial plans are, if this is a bad
location which apparently it is. And
you know I think@
Commissioner
Gordon - AWe were told this morning he was looking for another site.@
Commissioner
Ward - ABut that=s all hearsay.@
Commissioner
Gordon - AI know, but that=s what I=m saying.
We need to ask him and we need to have whatever it is we=re going to
approve in writing before we approve it.
We can certainly say go ahead and draft it up but I don=t think that we
should pass on something that we haven=t put in writing.@
Chairman
Moyer - AWell I think we - most of our motions aren=t in writing when we act on
em. The motion is very clear to be on
record that we think this is the wrong site for this location and that we go on
record opposing the issuance of a permit by the ABC for this event. I think that=s very straight forward and
clear. You don=t need to see any
wording. If you want to add@
Commissioner
Gordon - AI thought the original motion was to send a letter to the State and I
think that would be in writing so which is your motion?@
Chairman
Moyer - AI=ll bring the letter back but the motion is that we send a
letter. I=ll bring the letter back for
review but I want the motion acted on that we approve sending a letter for the
following reasons and that we send a letter opposing the issuance of the ABC
permit.@
Commissioner
Ward - AI think you need to state for public welfare and safety at the location
at Etowah. I think that should be the
grounds.@
Commissioner
Gordon - ABut we will have the opportunity to review the wording of the letter
before it goes?@
Chairman
Moyer - AYes, before it goes, that=s right.@
Commissioner
Gordon - AThat=s what I=m asking for.@
Chairman
Moyer - AAnd if - let=s do it as a second step. All in favor of that motion say aye.@
AAye@
in unison, unanimous.
Chairman
Moyer - AIs that@
Commissioner
Gordon - AI voted for it. I told you I
would.@
Chairman
Moyer - ANow would you like me - and I want all the Board clear on this - would
you like me to have discussions with Mr. Myron with respect to the feeling of
the Board and see if there=s - with respect to our concerns and what we can
work out with respect to possibly other sites or other ways to deal with it.@
Commissioner
Ward - AOh yes, I think that=s a - that=s a good step forward.@
Chairman
Moyer - AOK@
Commissioner
Gordon - AAbsolutely.@
Commissioner
Messer - ARight and just like I stated earlier, I have talked to him a couple -
a month or so ago and I think he=s kinda looking for one of us to come out - or
our leader to come out and kinda talk to him on certain issues that maybe we
can help him with down the road.@
Chairman
Moyer - AAlright, anything else on?@
Commissioner
Ward - AI don=t want to be the non-profit though.@
Chairman
Moyer - ANo, I could put my horse farm . . .
alright. Next item@
Economic
Development Matter
Scott Hamilton
from the Committee of 100 of the Greater Hendersonville Chamber of
Commerce thanked the Board for their
support this morning for adopting the incentive package for Borg Warner, a good
project and a good company.
Mr. Hamilton
requested the Board set a public hearing for March 11, 2002 at 7:00 p.m. to
consider economic development incentives for Arvin Meritor. Arvin Meritor is considering expansion.
Their projected investment would be around $22 million. He requested
that the Board consider at a public hearing an economic development incentive
reimbursement package in the amount of $440,000 payable over a five year period
which is consistent with the economic development guidelines the Board
adopted. 30 retained jobs are tied to
this project.
Following some
discussion, Commissioner Gordon made the motion to set a public hearing for
March 11 at 7:00 p.m. for the purpose of considering of economic development
package for Meritor. All voted in favor
and the motion carried.
Mr. Hamilton
stated that this couldn=t be done without support of the Board. This Board is very supportive of it=s local
industry. Local industry is certainly
appreciative of it. All of the jobs
that we=ve created here recently in Henderson County have come from our
existing work force. It=s easier to
keep an existing industry than it is to go out and attract a new one. Being proactive in economic development has
brought good jobs to this community.
Chairman
Announcement
Chairman Moyer
introduced John Rich, a reporter from the Asheville Citizen Times. This is the first time he has been with us.
Update on
Housing Programs
David Nicholson
had distributed to the Board a letter that we received from the State of North
Carolina indicating that they would not allow us to utilize the funds that we
were not going to use for the Habitat Community Development Project for the
HomeAid Project at the Village of King Creek. They indicated in the letter that
it did not meet the activity associated with the grant. Mr. Nicholson felt it would be appropriate
if the Commissioners authorized the Chairman to write the State and ask them
what specific standards we didn=t meet.
In conversations that Mr. Nicholson and Ms. Coffey had with individuals
of the State, it was indicated that they thought this would not be a major
issue. Mr. Nicholson felt the Chairman
should write a letter just to clarify what the issues were for the reason this
was not funded.
Commissioner
Ward made the motion to authorize the Chairman to write a letter as requested
by the County Manager. All voted in
favor and the motion carried.
David Nicholson
also reminded the Board that two years ago the Board authorized the beginning
of a Home Buyer Assistance Program using the Home Funds. Henderson County has used $25,000 of our Home Funds as well as $25,000 of the
City Home Funds. We have completed five
closings for persons who met the low income standards to get them into
homes. Of that we=ve only spent about
$15,000. That project is slated to end
in March. It is a two year grant. We have $35,000 remaining in that
project.
Staff
recommended that Henderson County ask for an extension of this project by one
year and to continue to put aside
$12,000 for the Home Buyer Participant Program and that the balance possibly be
used to help fund the difference in the two projects we=ve requested Home Funds
for this year. This would keep the
money in projects in Henderson County.
It would require a letter from the Board supporting the recommendation.
Commissioner
Gordon made the motion to authorize a request for an extension of the Home
Buyers Assistance Program for one year and transfer of approximately $12,000
with the remainder to revert to other in-county projects. All voted in favor
and the motion carried.
Chairman
Announcement
Chairman Moyer
stated that we were fortunate to have Sherrill Barber of WLOS TV, Channel 13,
present at the meeting.
MIDDLE SCHOOL
CONSTRUCTION PROJECTS - Financing
Carey McLelland
informed the Board that out of 10 financial institutions receiving the County=s
Request for Proposal (RFP) to finance the construction and renovation of
certain middle school projects, only BB&T Governmental Finance submitted a
responsive proposal. Their proposal is
to finance the $9.1 million loan for a 15-year term at a nonbank-qualified rate
of 5.59% annually. Nonbank-qualified
meaning the County anticipates that it will be issuing more than $10 million in
installment contract debt this calendar year. The construction project is for
Flat Rock Middle School, Rugby Middle School, and Hendersonville Middle School.
Staff presented
a resolution to the Board for consideration concerning the proposed installment
contract financing. First, the
resolution sets a public hearing, which is required for the proposed
installment contract financing, on the draft financing documents. Staff recommended the public hearing be
scheduled for the Board=s regularly scheduled meeting on March 11, 2002 at 7:00
p.m. and that the Clerk be directed to prepare an advertisement of such public
hearing. Second, the resolution
authorizes the filing of an application with the Local Government Commission,
which is also required, to approve the financing. Draft financing documents were distributed and reviewed. Staff will bring back the final financing
documents for the Board=s review and approval after the public hearing.
The County
Manager recommended the following to the Board for action:
1. Award
financing to BB&T Governmental Finance at the proposed rate of 5.59 percent
for 15 years for the construction and renovation of facilities located at
Hendersonville Middle, Flat Rock Middle and Rugby Middle Schools.
2. Approve the
resolution to set a public hearing on the financing documents for the Board=s
March 11th meeting at 7:00 p.m. and authorize staff to file an
application with the Local Government Commission (LGC) to seek approval of the
financing.
Angela Beeker
stated that the funds would be used for construction and renovation of Flat
Rock Middle School, Rugby Middle School, and Hendersonville Middle School but
only Flat Rock Middle School and Rugby Middle School will be collateral for
this financing and maybe only one of them.
Hendersonville Middle School will be collateral for the QZAB financing
(the next item on the agenda).
Following
discussion, Commissioner Ward made the motion to award financing to BB&T
Governmental Finance at the proposed rate of 5.59% for 15 years for the
construction and renovation of facilities located at Hendersonville Middle,
Flat Rock Middle, and Rugby Middle Schools.
All voted in favor and the motion carried.
Chairman Moyer
made the motion to set a public hearing on the financing for March 11 at 7:00
p.m. and authorize staff to file an application with the Local Government
Commission to seek approval of the financing. All voted in favor and the motion
carried.
HENDERSONVILLE
MIDDLE SCHOOLS - Qualified Zone Academy Bond (QZAB) Financing
Carey McLelland
reminded the Board that Henderson County has been authorized to issue $3
million in Qualified Zone Academy Bonds (QZABs) for renovations and repairs at
Hendersonville Middle School. These
bonds must be issued by December 31, 2002 and currently have a 13-year
term. A packet of information provided by
the LGC was presented for the Board=s review.
Carey McLelland
explained that QZABs are taxable bonds issued by state or local
governments. They are authorized to be
issued by the Federal Government to finance school improvements. The County, in our case, would issue $3
million. The Bank would be the holder
of those bonds and the County would make an annual payment (on the anniversary
date of the closing) on the principle only to a sinking fund. Those funds would earn interest over the 13
year period at a locked rate of 5.4% until the 13th year and then we
would take $3 million and pay off the QZABs (loan) to the bank. The fund would
actually earn $3,147,000. At that rate
we would certainly be able to cover the difference between our total payments
and the $3 million. If we had to
finance this $3 million through an installment purchase contract, it would cost
us just over $2 million dollars more.
The bank holding the QZABs will get a tax credit on the par value or the
amount of the bonds outstanding on an annual basis.
Two financial
institutions responded to the County=s Request for Proposal (RFP) to finance
renovations to Hendersonville Middle School through an installment financing
loan agreement by issuing QZABs which will qualify for tax credits to the bank
under Section 1397E of the Internal Revenue Code of 1986. The proposal from Bank of America has been
certified as the lowest responsive proposal resulting in the lowest net cost to
the County taking into account the issuance costs and investment earnings at
the stated investment rate on the principal payments made by the County. Their proposal is for the County to make
annual principal payments of $164,363 over the 13-year term for a total of
$2,100,000. The debt issue is
net-funded meaning the difference between the $3 million par and the total
principal payments would be offset by interest earnings on the principal
payments. Bank of America has proposed
that these principal payments would be placed in an account earning interest at
a rate of 5.4% annually. All costs
associated with the review of the documentation for this transaction by the
bank legal counsel would be capped at $10,000.
Staff presented
a resolution to the Board for consideration concerning the proposed installment
contract financing. First, the
resolution sets a public hearing, which is required for the proposed
installment contract financing, on the draft financing documents. Staff recommended that the public hearing be
scheduled for the Board=s regularly scheduled meeting on March 11, 2002 at 7:00
p.m. and that the Clerk be directed to prepare an advertisement of such public
hearing. Second, the resolution
authorizes the filing of an application with the Local Government Commission
which is also required to approve the financing. Draft financing documents were
not available for agenda preparation but were distributed to the Board for
review. Staff will bring back the final
financing documents for the Board=s review and approval after the public
hearing.
Following
discussion, Commissioner Ward made the motion to award the QZAB financing for
Hendersonville Middle School to Bank of America at the proposed annual
installment principal payment of $164,363 for the 13 year term into an account
proposed to earn 5.4% interest annually and including bank legal costs not to
exceed $10,000. All voted in favor and
the motion carried.
Commissioner
Gordon made the motion to approve the resolution to set a public hearing on the
financing documents for the Board=s March 11th meeting at 7:00 p.m.
and authorize staff to file an application with the Local Government Commission
to seek approval of the financing. All voted in favor and the motion carried.
OKLAWAHA
TRAIL/GREENWAYS - add-on by Commissioner Hawkins
Chairman Moyer
pulled this item as Commissioner Hawkins was not present to discuss it.
DEPARTMENT OF PUBLIC
HEALTH -add-on by Commissioner Gordon
re: Location of
Animal Shelter
Commissioner
Gordon had shared with the Board a memo from the Board of Health concerning a
location for the animal shelter.
Commissioner Ward had made a suggestion on considering two sites at the
landfill area, one being the house and property immediately adjacent to the bus
garage and the second the Trace Barn at the back of the landfill property. The Board went out as a body and visited both
sites as well as the current facility.
Their long-term vision for the Animal Shelter in Henderson County
includes having Animal Services more comprehensive than a shelter
operation. The Board of Health would
like a location where numerous objectives could be met (nine were listed). In considering the objectives, the Henderson
County Board of Health was unanimous in favoring the valley house site as
meeting the needs better than the Trace Barn site.
IMPORTANT DATES
Chairman Moyer
stated that he was reluctant to set any new dates with Commissioner Hawkins
absent.
Chairman Moyer
had asked Karen Smith and David Nicholson to come forth with a schedule of
three or four sessions reasonably spread apart for working on the Zoning
Ordinance Rewrite so that we would have a definite plan for that. We also will need a set of dates for budget
deliberations and integrate the two sets of dates. Mr. Moyer=s plan was to wait until the March 11 meeting to begin
to set those dates. There is also a
need for a Greenways workshop. Chairman
Moyer asked staff to come to the March 11 meeting with suggested dates for
these items.
Commissioner
Ward stated that he would be out of town April 18 through 25.
Set a Public
Hearing
David Nicholson
reminded the Board that annually we have a public hearing on the Rural
Operating Assistance Program (ROAP) which is the general transportation program
we=ve operated in the community for some time.
He recommended the Board set a public hearing on the ROAP and the
Discretionary Rule General Public Program applications for March 20 at 11:00
a.m. Commissioner Messer so moved. All voted in favor and the motion carried.
There being no
further business to come before the Board, Commissioner Messer made the motion
to adjourn at 3:35 p.m. All voted in
favor and the motion carried.
Attest:
Elizabeth
W. Corn, Clerk to the Board
William L.
Moyer, Chairman