MINUTES
STATE
OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY
OF HENDERSON AUGUST 21, 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, Finance Director J. Carey McLelland,
Assistant to the County Manager Selena Coffey,
Fire Marshal/Emergency Management Coordinator Rocky Hyder, Tax Collector
Terry Lyda, Deputy Tax Collector Darlene Burgess, Administrative Assistant
Phyllis Henderson, County Assessor Eddie Mitchum, and Deputy Clerk to the
Board/Volunteer Coordinator Amy Brantley.
Absent was:
Public Information Officer Chris S. Coulson.
CALL TO
ORDER/WELCOME
Chairman Moyer
called the meeting to order and welcomed all in attendance.
PLEDGE OF
ALLEGIANCE
Commissioner
Ward led the Pledge of Allegiance to the American Flag.
INVOCATION
Rev. Gus
Martschink, a member of the Pardee Hospital Chaplaincy Program, gave the
invocation.
DISCUSSION/ADJUSTMENT
OF AGENDA
Chairman Moyer
requested the addition of two items to the agenda:
AD@ under Staff
Reports - Update on September 11 Commemorative Ceremonies in Henderson County.
AD@ under
Discussion Items - Discussion of Board=s One Year Goals.
Commissioner
Messer asked to add one item under Staff Reports as AE@ - Recreation
Department.
Commissioner
Ward asked to add one item as AE@ under Discussion Items - Blue Ridge
Property Issue.
County Manager
David Nicholson asked to pull item AG@ from the Consent Agenda - Revised
Request for Improvement Guarantee for Portions of Oleta Falls and also asked to
add one item to Staff Reports as AF@ - Update on the East Flat Rock
Elementary School Project.
Chairman Moyer
made the motion to approve the revised agenda.
All voted in favor and the motion carried.
NOMINATIONS
Notification of
Vacancies
The Board was
notified of the following vacancy which will appear on the next agenda for
nominations:
1. Child
Fatality Prevention Team - 1 vac.
Nominations
Chairman Moyer
reminded the Board of the following vacancies and opened the floor to
nominations:
1.
Board of Equalization and Review - 1 vac.
There
were no nominations at this time so this item was rolled to the next meeting.
2.
Juvenile Crime Prevention Council - 1
vac.
Commissioner
Messer nominated Ms. Africa Thompson to position # 26. Commissioner Messer made the motion to
suspend the rules and appoint Ms. Thompson.
All voted in favor and the motion carried.
3.
Nursing/Adult Care Home Community
Advisory Committee - 3 vac.
Commissioner
Ward nominated Charlene Wade to position # 18.
He made the motion to suspend the rules and appoint Ms. Wade. All voted in favor and the motion carried.
4.
Hendersonville City Zoning Board of Adjustment
- 1 vac.
There
were no nominations at this time so this item was rolled to the next meeting.
5.
Fletcher Zoning Board of Adjustment - 1
vac.
There
were no nominations at this time so this item was rolled to the next meeting.
6.
Mountain Area Workforce Development Board
- 1 vac.
Chairman
Moyer nominated Phil Webb to position # 7.
He made the motion to suspend the rules and appoint Mr. Webb, H.R.
Director of Raflatac, to the Mountain Area Workforce Development Board. All voted in favor and the motion carried.
CONSENT
AGENDA
Chairman
Moyer made the motion to approve the consent agenda with the exception of item AG@
which had been pulled. All voted in
favor and the motion carried.
The
CONSENT AGENDA consisted of the following:
Minutes
Minutes
were presented for the Board=s review and approval of the following meetings:
July 22, 2002, special called meeting
July 25, 2002, special called meeting
August 5, 2002, regular meeting
Tax
Refunds
A
list of 14 tax refund requests was presented to the Board for their review and
approval.
Tax
Releases
A
list of 21 tax release requests was presented to the Board for their review and
approval.
Petition
for addition to State Road System
Road
petitions were submitted to the Board for their review and acceptance to add
the following roads to the State Road Maintenance System:
Butternut Trail
Bittersweet Drive
Hyde Well Drive, Tiptop Drive and Keela Court
It
has been the practice of this Board to accept road petitions and forward them
to NC Department of Transportation for their review. It has also been the practice of the Board not to ask NCDOT to
change the priority for roads on the paving priority list.
Tax
Collector=s Report
Terry
Lyda, Tax Collector, had provided the Tax Collector=s Report dated August 21
for the Board=s information.
School
Board Purchase of Property
The
Board of Public Education requested the Board=s approval of the purchase price
for a property located at 201 Ashmore Avenue in Hendersonville, NC. This property is adjacent to the former
Balfour Elementary School. The School
Board had expressed interest in the property for several years. It had just recently become available from
the elderly owner. The proposed
purchase price is $80,000 and would come from the capital fund.
The
County Manager saw no reason for the Board not to approve the proposed purchase
price suggested by the Board of Public Education for this property.
Revised
Request for Improvement Guarantee for Portions of Oleta Falls - This
item was pulled. No action was taken at this time.
Sheriff=s
Department - Sidearm Request
A
letter from Sheriff George H. Erwin, Jr. requested that the Board authorize the
sale of a service firearm to Deputy Linda Westall. In 1994, the Board approved a Service Sidearm Policy, which was
submitted for Board review.
According
to the policy, the Board must establish a purchase price for the weapon. The Sheriff had indicated that the value of
the sidearm is $460.00. Should the
Board approve this request, Deputy Westall would be responsible to pay for the
weapon less the discount provided by the Policy.
PARDEE
HOSPITAL ANNUAL REPORT
The
agreement, which established the Henderson County Hospital Corporation,
requires that they present to the Board of Commissioners an annual report each
year. They requested time on today=s
agenda to present the Board an update on their operations. They had previously
distributed copies of their 2001 Annual Report for the Board=s review.
No
action was required.
Dr.
Albers, current Chairman of the Hospital Board of Trustees, spoke briefly about
the State Budget crisis this year and its affect on county government and our
county hospital, Margaret R. Pardee Memorial Hospital. He appreciated the fact that they currently
have one of the best working relations between the Hospital Board and the Board
of County Commissioners. He introduced
Mr. Bob Goodwin who has been the Hospital Administrator or CEO for the past
11/2 years.
Mr.
Goodwin thanked the Board for the opportunity to appear and present both the
year-end review and the new budget. They had distributed the books containing both items to the Board
previously so that the Commissioners had time to review them prior to the
meeting. The Board was happy with this
arrangement.
Mr.
Goodwin mentioned the need for a future conversation dealing with the
relocation of the main EMS station which is currently located on Justice Street
on Pardee=s campus. He would like to begin those discussions in this coming
year=s budget year. Pardee plans to reorient their front entrance from Fleming
Street to Justice Street. He mentioned
the increased traffic around the hospital campus. He mentioned many statistics including the following:
C
The need for four additional operating
rooms (from 6 to 10), construction to begin in the fall
C
The need for more outpatient space
(ambulatory medical unit)
C
They are now providing Cardiac
Catheterization on a mobile basis
C
They are working in collaboration with
Western Carolina University for initiatives in integrated aging, working on
prevention and wellness
C
They have added a new computer system
(Computer Solution) and the financial package of it will be implemented this
year
C
Their move from conventional x-ray film
to digital imaging
C
Mental Health Reform or Behavioral Health
Program - they have added two new
Psychiatrists to their staff
C
For the year 2003 they anticipate a
patient revenue budget of over $190,000,000 and of that expect to receive about
$106,000,000 in reimbursements.
C
They have over $100,000,000 budgeted for
expenses for 2003. Almost $60,000,000
of that is entirely related to wages and benefits.
C
Pardee has almost 1400 employees, being
the second largest employer in the County (including all it=s subsidiaries)
C
Pardee has recently improved
substantially their pension plan for employees to a defined contribution plan
C
They are looking at a $20,000,000 capital
expenditure in the coming year (plant and equipment)
He
mentioned briefly the new HIPPA law and patient privacy. This is a $300,000 unfunded mandate placed
upon them by the Federal Government.
Mr.
Goodwin recognized and introduced others who were in attendance with him, ready
to answer questions from the Board:
Ms. Sandy Smith, Senior Vice-President
Mr. Tim Cummings, Director of Accounting
Barbara Platts, Vice-President of Professional
Services
Tom Bullard, Vice-President of Human Resources
Marian Moores, Media Relations Coordinator
The
Board asked several questions that appeared to be satisfactorily answered.
PRESENTATION
OF SCHEDULE OF VALUES
Eddie
Mitchum, County Assessor, presented the proposed Schedule of Values for the
2003 reassessment of property which consisted of the Market Schedule and the Present
Use Schedule. He stated that this
process takes 52 days to get the schedule in place, if everything goes smoothly.
Mr.
Mitchum proposed the following timeline:
Day
#
1 August 21 Distribute Schedule of Values (SOV) to Board of Commissioners
2 August 22 Advertise SOV in newspaper.
15 September 4 Hold Public Hearing on schedules. Must be at least 7 days before
the adoption of the schedules. May be
held more than 7 days as long as sufficient advertising is given.
22 September 11 First day that schedules can be adopted.
23 Publish 1st
notice of adoption. Taxpayer must
appeal to PTC within 30 days of this date.
30 September 19 Publish 2nd notice of adoption. State last day for appeal.
37 September 26 Publish 3rd notice of adoption. State last day for appeal.
44 October 3 Publish 4th notice of adoption. Must be at least 7 days prior to the last
day for appeal. State last day for
appeal.
52 October 11 Last day for taxpayer to appeal the adoption of the SOV.
Commissioner
Ward asked Mr. Mitchum to pull 10 commercial and 10 residential parcels at
random for review by the Board of Commissioners. He also asked that his parcel be # 11.
The
Board was requested to set a public hearing on the Schedule of Values at this
meeting. Chairman Moyer stated the
Board would set the public hearing under AImportant Dates@.
TAX
COLLECTOR SETTLEMENT
Angela
Beeker reminded the Board that it was time once again for the delivery of the
tax receipts to the Henderson County Tax Collector; however, before they can be
delivered, the following must occur (pursuant to NCGS 105-352):
(a) PREPAYMENTS. The Tax Collector must deliver any duplicate bills printed for
prepayments
received by the Tax Collector to the Finance Director and demonstrate to the
Finance Director=s satisfaction that all prepayments received have been
deposited. Note: NO PREPAYMENTS WERE
RECEIVED: THEREFORE NO ACTION REGARDING THIS STEP WAS NECESSARY.
(b) SETTLEMENT. The Tax Collector must make settlement with the Board of
Commissioners
for all taxes placed in his hands for collection for the past year. Note: THE TAX COLLECTOR=S SETTLEMENT FOR FY
2001 WAS INCLUDED IN THIS AGENDA PACKET, INCLUDING BOTH CURRENT AND DELINQUENT
TAXES FOR WHICH THE TAX COLLECTOR WAS CHARGED FOR THE 2001 TAX YEAR. ADDITIONALLY, A REPORT OF UNPAID TAXES FOR
BOTH REAL PROPERTY AND PERSONAL PROPERTY HAD BEEN PLACED IN THE CLERK=S OFFICE
PRIOR TO THIS MEETING. APPROVAL OF THE
SETTLEMENT WILL BE NECESSARY. A
PROPOSED RESOLUTION APPROVING THE SETTLEMENT WAS PROVIDED FOR THE BOARD=S
CONSIDERATION.
Tax
Collector=s Settlement
ADear
Henderson County Commissioners, Attached please find the Preliminary Report for
FY 01-02 along with the Settlement for Current-Year taxes and Delinquent
Taxes. A list of all unpaid tax liens
is available for your review in the Office of the Clerk to the Board.
I am happy to
report that as of the close of FY 01-02, our office collected 98.20% of the
annual tax bills. This is the highest
collection rate we have ever achieved.
In addition, you will note that our unpaid bills on secured property
have been reduced from last year=s figures by $38,058.71, and the unpaid bills
on personal property have been reduced by $247,442.00 from last year=s figures.
Thank you for
the opportunity to be of service to you.
Respectfully submitted, Terry F. Lyda, Tax Collector.@
Some discussion
followed concerning what kind of effort had been made to collect taxes on these
bills.
Darlene Burgess
updated the Board concerning our participation in the North Carolina Debt
Setoff Program. This past year was the first time we have participated in the
program that allows local governments to garnish state income tax refunds for
the payment of local debt. To date,
they had collected approximately $18,000 from income tax garnishments. When added to the $22,000 they collected
through voluntary payments made as a result of the notices that were mailed,
they have collected over $40,000. They
plan to expand their use of this program in the coming year.
Ms. Burgess
then reviewed briefly a table that was distributed of a Breakdown of
Outstanding Tax as of 6/30/02. In many cases the unpaid motor vehicle taxes are
about 50% of our unpaid tax bills. The
biggest problem they have experienced with motor vehicle tax bills has been
returned mail. They have between 50 and
75% returned mail on the delinquent motor vehicle bills. This coming year they plan to dedicate a lot
of research time to locating these motor vehicle tax payers, getting the bill
to them and then submitting them to the debt setoff program. They hope to greatly improve their motor
vehicle tax rate by doing this.
Chairman
Moyer made the motion to approve the Resolution Approving the Settlement with
the Tax Collector for the 2001 Tax Year.
All voted in favor and the motion carried.
(c) BOND. The
Board of Commissioners must approve the bond to be
issued for the
Tax Collector and Deputy Tax Collector for Delinquent Taxes. COPIES OF THE CURRENT BONDS WERE PRESENTED
FOR BOARD REVIEW AS WAS INFORMATION PERTAINING TO PREMIUMS FOR THE BONDS. ALTHOUGH BOND AMOUNTS FOR THE TAX COLLECTOR
AND DEPUTY TAX COLLECTOR WERE SET AT THE AUGUST 15, 2001 SETTLEMENT AND
CONFIRMED AT THE BOARD=S DECEMBER 3, 2001 MEETING, APPROVAL OF BOND AMOUNTS FOR
THE TAX COLLECTOR AND DEPUTY TAX COLLECTOR WILL AGAIN BE NECESSARY AT THIS
MEETING. PLEASE NOTE THAT THE PREMIUMS
HAVE BEEN PAID THROUGH JULY 1, 2003 DUE TO THE FACT THAT THEY WERE SET THROUGH
AUGUST OF 2002 (see prepared resolution), BUT WOULD HAVE EXPIRED JULY 1, 2002
HAD THEY NOT BEEN RENEWED. THIS,
HOWEVER, DOES NOT PRECLUDE THE BOARD FROM ADJUSTING THE BOND AMOUNTS AT THIS
MEETING IF DESIRED. A PROPOSED
RESOLUTION SETTING THE BOND AMOUNTS HAD BEEN PREPARED FOR THE BOARD=S
CONSIDERATION.
Commissioner
Gordon made the motion to approve the Resolution Setting the Bond Amounts for
the Tax Collector at $1,000,000 and Deputy Tax Collector at $250,000. All voted in favor and the motion carried.
(d) ORDER OF COLLECTION. An Order of Collection must be adopted at
today=s
meeting , which
would charge the Tax Collector with the collection of FY 2002 taxes, plus all
outstanding delinquent taxes. IT WILL
BE NECESSARY TO ADOPT THE ORDER OF COLLECTION WHICH HAD BEEN SUBMITTED FOR THE
BOARD=S REVIEW. A PROPOSED
RESOLUTION ADOPTING THE ORDER OF COLLECTION HAD BEEN PRESENTED IN THE AGENDA
PACKET FOR THE BOARD=S CONSIDERATION.
Commissioner
Ward made the motion to approve the Resolution Adopting the Order of Collection
for the 2002 Tax Year. All voted in
favor and the motion carried.
CONTINUATION
OF AUGUST 5, 2002 REGULAR MEETING - TO CONSIDER THE LEVY OF AN ADDITIONAL
ONE-HALF CENT (1/2 cent) SALES TAX PURSUANT TO CHAPTER 105, ARTICLE 44, OF THE
NORTH CAROLINA GENERAL STATUTES TO BE EFFECTIVE JULY 1, 2002
Commissioner
Ward made the motion for the Board to proceed with the continuation of the
August 5 meeting to consider the Article 44 Sales Tax. All voted in favor and the motion carried.
This was a
continuation of the August 5, 2002 regular meeting to consider the levy of the
Article 44 Sales Tax to be effective July 1, 2003. All procedural requirements had been met to adopt the prepared
resolution levying the Article 44 sales tax to be effective July 1, 2003.
Ms. Beeker
reminded the Board that they had received in their agenda packet a resolution
that if they chose to pass today would enact the half cent sales tax to be
effective July 1, 2003. At the August 5
meeting the Board chose to continue to today=s date of August 21 to give the
General Assembly a little more time to maybe pass an amendment to Article 44
that would allow an effective date earlier than July 1, 2003. That has not happened. On August 5 Ms. Beeker
distributed to the Board a schedule of the procedure to follow if the Board
chose not to enact the Article 44 Sales Tax today.
Following much
discussion, Commissioner Ward made the motion for the Board to approve
RESOLUTION LEVYING THE THIRD ONE-HALF (1/2) CENT LOCAL GOVERNMENT SALES AND USE
TAX AND PRESCRIBING THE METHOD OF DISTRIBUTION OF THE PROCEEDS WITHIN HENDERSON
COUNTY. All voted in favor and the
motion carried.
Commissioner
Ward made the motion to adjourn the August 5 meeting. All voted in favor and the motion carried.
Commissioner
Gordon made the motion for the Board to reconvene the August 21 meeting. All voted in favor and the motion
carried.
UPDATE
ON SEPTEMBER 11 COMMEMORATIVE CEREMONIES IN HENDERSON COUNTY
Add- on by Chairman Moyer
Mr. Nicholson
was asked by the LGCCA to develop a program for our community to commemorate
September 11th. A number of
groups are planning particular observances for that day.
Mr. Nicholson
has been working with the September 11 Commemorative Committee and recognized
the members of that committee:
Button
O=Cain, representing the City of Hendersonville
Eliza
Graue, Council member from Village of Flat Rock
Jim
Ball, Manager, Town of Laurel Park
Craig
Honeycutt, Manager, Town of Fletcher
David
Nicholson, Manager, Henderson County
Kohlan
Flynn, School System
Scott
Wade, Pastor of the Nazarene Church
The Ceremony
will begin at 8:00 a.m. on September 11 with a short opening ceremony
consisting of a prayer and remarks from Chairman Bill Moyer and the Mayor of
the City of Hendersonville, Fred Niehoff.
About 8:15 a.m.
a list of names will be read, those who were killed as part of the terrorist
attack on America on September 11, 2001 (over 3,000 names).
At 8:44 a.m., a
break in the reading of the names will take place and we will recognize the
event that we are about to commemorate - the first attack on the Twin Towers at
the World Trade Center which happened at 8:45.
At 8:45 a.m.,
the courthouse bell will be rung for approximately one minute. Mr. Nicholson has requested the churches in
the community, the schools, fire departments, and anyone who has a bell to ring
them at the appropriate times.
Following the
opening ceremony, the people will be asked to spread themselves across Main
Street. Two thousand American Flags
have been ordered to be distributed.
The Times-News plans to print 20,000 American Flags. People will be asked to bring their American
Flags to the commemoration. We hope to
line Main Street. A procession of
emergency and military vehicles will begin down Main Street with lights but no
sirens. As soon as that is finished we
will pick back up with the reading of the names.
At 9:03 a.m.,
the courthouse bell will be rung for approximately one minute, commemorating
the attack on the second twin tower at the World Trade Center.
At 9:43 a.m.,
the courthouse bell will be rung for approximately one minute, commemorating
the attack on the Pentagon.
At 10:10 a.m.,
the courthouse bell will be rung for approximately one minute, commemorating
the fall of Flight # 93, the fourth plane in the terrorist attack on
America.
There will be a
short closing ceremony, somewhere around 11:00 a.m. The entire ceremony is expected to last 3 - 3 1/2 hours.
A number of
organization have been invited to attend and participate: Fire & Rescue
Departments; Emergency Services; School System; etc. We will be inviting the
Presidents of the Student Body or Student Council of each High School in the
County as well as Faith Christian Academy and Blue Ridge Community College to
assist in the reading of the names.
Chairman Moyer
asked that any groups who have meetings scheduled for that timeframe on
September 11 to please cancel them or change them so that we don=t have
conflicts, feeling that the emphasis should be on the commemorative
activities.
Mr. Nicholson
stated that any other organizations who have planned special activities for
September 11, if they will notify us we will try to get the word out about
their activities also.
RECREATION
DEPARTMENT - add-on by Commissioner Messer
Commissioner
Messer, on behalf of the Board of Commissioners, wished to recognize and
congratulate the youth of our county who just recently represented Henderson
County (Henderson County Little League BaseballTeam) at the Babe Ruth Baseball
Playoffs, the World Series of Youth Baseball. The Board also congratulated the
coaches and parents and others who had a part in this endeavor because it was
definitely a team effort. They all
represented Henderson County and our State very well and we are very proud of
them.
Commissioner
Messer represents the Board of Commissioners on the Recreation Committee.
Update
on the East Flat Rock Elementary School Project
- add-on by David Nicholson
Chairman Moyer
stated that awhile back this Board made a major push with respect to senior
housing and East Flat Rock. He asked
Mr. Nicholson to update the Board on this issue.
David Nicholson
stated that just yesterday he learned from Regency Development that there were
funds left over at the North Carolina Housing Finance Authority and the funds
have been granted to do the renovation of East Flat Rock Elementary School for
an elderly housing program. Henderson
County is very excited about this new development and will be willing and ready
to work with them immediately. The
building will be saved now and will become an asset to the community.
INFORMAL
PUBLIC COMMENTS
1.
Dick Baird - Mr. Baird apologized to the Board
because at the last meeting he complained that his AStrive To Drive@ Proclamation
had not been acted upon. He forgot that
he and Chairman Moyer had talked privately and agreed that the action taken by
the Board on Proclamations/Resolutions was perfectly satisfactory and he had
agreed to withdraw it. He was sincerely
apologetic.
He had
previously brought up the need to tape informal public comments and he will
continue to follow-up on that since he doesn=t think any action has been taken
on that.
He had
previously mentioned that he thought the fund balance was too high. He was pleased to note that had been taken
under consideration and will disappear off his pending list.
He briefly
mentioned again the need for an Infrastructure Committee.
He offered
positive comments about Commissioner Gordon=s budget proposal. He felt it was
well thought out, well developed, and well presented. It solves the immediate problem.
He would offer a little different approach.
He briefly
discussed the growth rate and collection rate for property taxes.
GOVERNOR=S
HIGHWAY SAFETY GRANT
Mr. Nicholson
had received a letter from Sheriff Erwin concerning the awarding of an
equipment grant to the Henderson County Sheriff=s Department from the Governor=s
Highway Safety Program. The amount of
the grant is $16,000 and requires an equal match. Sheriff Erwin indicated that funds appropriated within his budget
for capital would be used for the match.
This would allow the purchase of some MDT=s (mobile data terminals),
video cameras, and radar units and road lights.
Because budget
discussion had been delayed until later in the meeting and the discussion could
affect this item, the Board delayed any action on this item until later in the
agenda, following budget discussions.
PROPOSED
ABANDONMENT OF A PORTION OF HOG ROCK ROAD (SR# 1703)
Gene Heatherly,
Terry Stepp and Sandra Stepp had submitted a petition requesting that the
Henderson County Board of Commissioners request the North Carolina Department
of Transportation to abandon from the secondary road system the last 3,400 feet
of Hog Rock Road (SR# 1703).
Mr. Nicholson
stated that the Board had taken action on such petitions in the past or held a
public input session, depending on the circumstances.
Mr. Nicholson
stated that staff has done some research, as well as visited this road. It is a road that connects US #64 East to
Bald Rock Road. However, the section
that is requested for abandonment appears to have very little utilization. (There
is also some evidence of illegal dumping in some areas.) Neither emergency services nor the school
system use this segment of the road due to its location and condition.
Staff had
prepared a resolution for the Board=s consideration to consider removing this
portion of road from the Secondary Road System.
Commissioner
Ward has had several people approach him about this abandonment. It appears that this section of road is
being used as a dumping ground. If
NCDOT were to pave the road it would involve a huge cut into the side of the
mountain. Environmental concerns would
be devastating.
It was the
consensus of the Board to hold a public input session. This will be set under AImportant Dates@
DISCUSSION
OF ONE YEAR GOALS - add-on by Chairman
Moyer
Chairman Moyer
reviewed the following one-year goals that the Board had adopted approximately
a year ago and reviewed the status of each:
1.
Revise the land use implementation guide
to reflect a balance between quality of life and standard of living.
The
Board has implemented the land use guide.
The Board has implemented safety net zoning and has been studying the
boundaries around the municipalities. The Board has been working on the
revision of the Zoning Ordinance and the Board has authorized staff to come up
with a final draft. This is on-going.
2.
Evaluate and understand the County=s
growth and develop a plan to manage that growth. This plan would include all sectors of our economy including
industry, tourism, agriculture, retirees and commercial.
Mr.
Moyer felt that the Board had not accomplished much on this item yet. It is part of the county comprehensive plan.
Hopefully with the completion of the County Comprehensive Plan (CCP) this
can be added to.
3.
Complete the addressing project.
The
Board is committed to complete this project by the end of this year. Substantial progress has been made and we are
on schedule. Then we will have to focus on getting people to display their
number on their house.
4.
Complete and begin implementation of a
County facilities plan.
The
Board has spent many hours on the county facilities. The Historic Courthouse project has been put on hold. We continue
to work on the Human Services Building.
That project is progressing. Mr.
Nicholson is picking out colors and carpeting for that project. Staff
will likely request the Board set a workshop on this project in October.
5.
Develop a regional solid waste plan.
A
committee has been looking at this issue.
Commissioner Hawkins serves on the committee. Commissioner Hawkins
stated that about two years ago Henderson County contacted Land of Sky Regional
Council looking for partners to address the solid waste problems in our area on
a regional basis. Regional approaches
have been reviewed that other counties are utilizing. Henderson County has reactivated its Solid Waste Advisory
Committee. They have met and are
looking at additions to our current solid waste contract. Location and amount
of volume are very big considerations in the solid waste issue. Commissioner
Hawkins stated that we will continue to work on this issue and try to find some
solutions to it.
Commissioner
Ward asked the Board to issue a letter to the Polk County Board of
Commissioners inviting the two groups to get together to talk about a regional
solid waste program.
6.
Complete detention center and implement
effective operating procedures.
This
has been accomplished. We have received
awards for the Detention Center. It is
up and running and operating effectively.
7.
Complete and adopt a County thoroughfare
plan.
This
process is very well underway.
Hopefully the State=s budget will not interfere with the completion of
this plan. August 27 the State will update us on where they stand. We hope to have public input sessions in
September on our Thoroughfare Plan, both the City of Hendersonville and the
Henderson County Plan. This is also a key part of the CCP.
8.
Monitor and ensure compliance with school
facilities plan.
This
Board of Commissioners has been committed to improving the school
facilities. They have had a Joint
Facilities Committee. The Board has now moved into the classroom and is
helping to make class sizes smaller. The Board has also supported other school
issues such as teachers, money for supplies and improving science and math in
our schools. The Board can take pride in their involvement with school issues.
9.
Develop and begin implementation of a
countywide GIS plan.
Mr.
Nicholson was thrilled to announce that the GIS system is up and
operating. It is going very well.
10.
Evaluate and make a decision on the way
Commissioners are elected.
This
issue had been stagnant for many years with no resolution. This Board did the redistricting in a fair
and equitable way so that the districts are balanced. The new districts will be used in the election process this fall.
Chairman Moyer
stated that when the Board adopted these goals they had no indication of what
the State=s budget crisis would be and how it would affect us. Revisions and cuts have had to be made due
to the State budget crisis.
Chairman Moyer
did not review the three year goals but the Board is well into some of them. He
felt that the Board had accomplished much in a year.
Commissioner
Gordon stated that it is appropriate to go back and look at goals and see if
they have been met. She also felt the
Board should think about going into the new year with a revised set of one-year
or short-term goals.
Recess
Chairman Moyer
called a brief technical recess to change videotapes.
PUBLIC
HEARING - for Road Names
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 this was a public hearing to name the following list of
roads. This public hearing date was set
at the August 5th meeting.
Old Name Proposed
Name
Elks Dr J
P Garren Dr
IdleHour Ln Rugby
Cove Ln
Natalies Ridge Rd Pinewood
Knoll Dr
Oshima Ln Hicks
Mountain Rd
Corning Ln Holbert
Mountain Rd
Lester Justice Ln Old
Mill Creek Rd
Lem N Lime Ln Melody
Hill Ln
Hawks Bill Way Aunt
Ettas Pl
Goldenrod Way Rays
Place Ln
Sky Lake Dr (Branch
Off Dr) Crescent Point Dr
Bob Glaspy Dr J
& B Glaspy Dr
Pilot Landing Ln Dry
Creek Ridge Rd
Mac Dr Shady
Creek Ln
New
Road Names
Diesel Dr
Showy Orchis Dr
Harriett Ln
Public
Comment
1.
Martha Sexton - Ms. Sexton lives on Natalie=s Ridge
Road. Up until about ten days ago she
had no idea that any of this was in the works.
She had no idea why they want to change the name. There are 23 property owners from where
Natalie=s Ridge begins until the cul-de-sac. She felt that there was not a
majority of those property owners who had signed any sort of petition. She stated that there are 22 road names in
Henderson County with the word APine@ in them. She stated that Natalie=s Ridge actually should have been
Natalia, the name of a lady who owned property on the hill. She felt the name should reflect something
of the people who owned this land prior to the recent newer owners.
2.
Don Morris - Mr. Morris stated that Natalie=s Ridge
was named before he became part of the mountain. It was named after his mother-in-law who was Natalia, and who
owned the property. Her mother owned it
before she did. In recent years it has
been divided up between family members and pieces have been sold. He just recently learned that the road name
was being changed but no one had asked his opinion. He saw no need in changing the name and would prefer it to remain
as is ANatalie=s Ridge@.
Rocky Hyder
explained that his staff has petitions from two thirds of the property owners
who live on the road. They were
contacted to change the name. They had
not planned to change the road name until they were contacted.
Mr.
Morris came back to the microphone in response
to Mr. Hyder=s statement that he had signatures of two thirds of the property
owners who live on the road. He
referenced a road agreement on this road.
He asked to see the names of those who had signed and asked why those
who had not, had not even seen the petition.
Rocky Hyder
stated that they have fourteen signatures and there are nineteen property
owners. The Ordinance reads that no
matter how many different parcels you own, one property owner gets one vote. The person who distributes the petition does
not have to contact every property owner, according to our Ordinance. The name APinewood Knoll Drive@ was chosen
by the signers of the petition.
3.
David Beddingfield - Mr. Beddingfield lives on Rocky Ridge
Road/Natalie=s Ridge Road. He has lived
there since 1979. He has maintained the
road. For 18 years he had a route and
box number address. He was notified
that his address had changed from a route and box number to Natalie=s Ridge
Road. He had no say in naming the
road. Since he helps maintain the road
he felt he should have a say in what the name of the road should be. He went through the proper channels and got
his signatures of 66% of the people. He stated that things change and so should
names.
It was the
consensus of the Board for staff to survey the property owners and bring a
recommendation back to the Board.
Natalie=s Ridge Road was pulled from the road name list submitted for
Board approval.
Commissioner
Gordon asked staff to draft a revision to our Ordinance that would provide for
all property owners that would be effected to be notified. She felt that was a shortcoming in the
Ordinance that has been pointed out by this issue.
Chairman
Moyer made the motion to approve the submitted list of Road Names minus Natalie=s
Ridge Road. All voted in favor and the
motion carried.
Commissioner
Ward made the motion for the Board to close the public hearing. All voted in favor and the motion carried.
FY
2002-2003 BUDGET
At the budget
workshop on August 15, 2002, the Board requested that staff develop a plan to
reduce the County=s budget by $246,811.
David Nicholson
distributed a hand-out entitled ASummary of Changes to FY 02/03 Adopted Budget@
a copy of which is attached hereto and incorporated as a part of the
minutes. The original adopted budget
was $77,053,748. At the last Board
meeting, the Board discussed the elimination of the Article 44 Sales Tax from
the budget, $2,446,005, and the elimination of contingency, $906,668. There was discussion to add back the Schools
Capital Reserve Funds, $742,526 and an additional appropriation of fund balance
of $550,000. This would reduce the
adopted budget by $246,811, which is what the County Manager was charged with
doing.
Mr. Nicholson
also proposed some additional cuts amounting to $744,126 and reviewed those
with the Board. Since this was above
the $246,811 he was charged to find and since the Board had concerns about
trying to appropriate as little fund balance as possible, he proposed taking
$497,315 of the additional cuts and applying them back to fund balance reducing
the amount of fund balance appropriated by that amount. The total decrease in the budget would be
$2,557,462 for a revised FY 02/03 Budget of $74,496,286.
Much discussion
followed focusing on fund balance, contingencies, tax collections, service
levels, etc.
Commissioner
Ward proposed freezing capital and personnel expenses and saving fund
balance.
Commissioner
Hawkins wanted some time to review the different proposals:
County
Manager=s revised budget
Commissioner
Ward=s proposal
Commissioner
Gordon=s proposal from an earlier meeting
Mr. Nicholson
had a slight problem about waiting until August 29 for the Board to take action
on this budget amendment. He had some
vacancies he needs to try to fill.
Chairman Moyer
asked Mr. Nicholson to supply the Board with a revenue and expense figure on a
monthly basis.
It was the
consensus of the Board to generally approve the implementation of Mr. Nicholson=s
plan regarding capital and personnel.
Mr. Nicholson
distributed some information for the Board=s review regarding purchase versus
lease of county vehicles.
GOVERNOR=S
HIGHWAY SAFETY GRANT
Since the Board
had discussed budget issues they decided to now revisit this issue.
Mr. Nicholson
stated that the Sheriff decided the MDTs (mobile data terminals) were more
important than the ID system and asked that Mr. Nicholson pull that grant out
of his budget. In the budget amendment
will be a reduction for that program.
Mr. Nicholson recommended that the Board approve the filing for the
$32,000 equipment grant. The Sheriff
would know how much money was coming to him and would determine his priorities.
The Sheriff would have to find the 50/50 match in his budget, $16,000.
Chairman
Moyer made the motion to approve the Local Government Resolution presented,
making it clear that the match would have to come out of the Sheriff’s
Department budget after taking into consideration the additional cuts the Board
made. The decision will be left up to
the Sheriff to determine whether or not to apply for the grant. All voted in favor and the motion carried.
Legal
Advertising
Commissioner
Ward had heard from a citizen who felt that the county could reduce the county
budget by advertising in another newspaper instead of the Times-News (going out
for bid). Staff would have to research
and see if this would be legal and feasible.
BLUE
RIDGE COMMUNITY COLLEGE - property purchase
- add-on by Commissioner Ward
Commissioner
Ward stated that it was recently brought to his attention that Blue Ridge
Community College had purchased property across the road from their campus
(Rogers property). He questioned if the
County would have to pay for the maintenance on the property that they just
removed from the County=s tax rolls or if it would be paid by the Endowment or
what. He suggested the Chairman write a
letter to BRCC to find the answers.
Angela Beeker
stated that she understood that the property was purchased with Foundation
funds. She raised a question of who
holds title to the property, BRCC or the Foundation.
Chairman Moyer
agreed to send a letter to Dr. Sink and ask for clarification on this issue.
IMPORTANT
DATES
Mr. Nicholson
reminded the Board of the need to set a public input session on Hog Rock Road,
from earlier in this meeting. Commissioner
Gordon made the motion to set the public input session for September 3, 2002 at
7:00 p.m. All voted in favor and the
motion carried.
Mr. Nicholson
reminded the Board of the need to set a public hearing on the Schedule of
Values. Commissioner Ward made the motion to set the public hearing on the
SOV for September 4 at 2:00 p.m. All
voted in favor and the motion carried.
Mr. Nicholson
reminded the Board of the need to set a Quasi-Judicial hearing on a property
addressing appeal. Commissioner
Gordon made the motion to set the Quasi-Judicial hearing for September 18 at
11:00 a.m. All voted in favor and the
motion carried.
Mr. Nicholson
reminded the Board of the up-coming Apple Festival Parade scheduled for 2:00
p.m. on Labor Day. He will have a
vehicle ready for the Commissioners to ride in that parade.
Commissioner
Messer made the motion to adjourn the meeting.
All voted in favor and the motion carried.
CONTINUATION
OF QUASI-JUDICIAL PUBLIC HEARING - Application for Statutory Vested Rights for
Mini-Storage/Mini-Storage & Office Buildings on Howard Gap Road. Application # VR-02-02 by Harry L.
Schenimann
Present at this
site visit were: Chairman William Moyer, Vice-Chair Marilyn Gordon,
Commissioner Grady Hawkins, Commissioner Don Ward, Commissioner Charlie Messer,
County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn. Also present were: Planning Director Karen
C. Smith, Attorney Craig Justus (representing H. Schenimann), Harry L.
Schenimann, Janice Moore, Dorothy Conley, Robert Johnson, and others.
Absent were:
County Manager David E. Nicholson and Attorney Sam Fritschner.
Reconvene
Commissioner
Hawkins made the motion to reconvene the Quasi-Judicial Public Hearing. All voted in favor and the motion carried.
Chairman Moyer
announced that the purpose of the meeting today was a site visit to see the
conditions and get Commissioners questions answered. The Board would not be making a decision today. There would be oral arguments from the
Attorneys at a later date.
Craig Justus -
Modifications have been made to the plan, based on comments from the last
public hearing. Density was reduced by
one building and the RV storage has been moved. A new buffer of Leland Cypress has been added to one area. Mr. Justus stated that they were amending
their application to include plan A, dated 8/14/02, as presented at this
hearing.
The Clerk to
the Board was given a copy of the amended application for the record.
Craig Justus
discussed briefly a summary of the project dated 8/14/02 which clarified some
of the questions that were asked at the last meeting. The revised maximum number of storage units was 250 with 45 being
the maximum RV storage units allowed.
He submitted the revision of the summary of the project. Copies were distributed to the parties and
was given to the Clerk, admitted into evidence.
Chairman Moyer
asked if any of the Commissioners had questions.
Commissioner
Hawkins asked what would become of the area that was formerly planned for 100
RV storage units. The revised plan
showed it not being used at this time but it may be used for something in the
future, consistent with the ordinance.
Karen Smith was
seeing the revisions for the first time and asked what would become of the
building permit for the units that are no longer going to be built. Mr. Justus
responded that it would not have to be used. They will void it.
Ms. Conley -
She expressed a concern about the sediment pond. Will it not attract mosquitos?
What about the West Nile Virus?
Isn=t that a health hazard to us?
Craig Justus -
Mr. Justus showed the old pond site and the new sediment pond site on a map. If the neighbors want that to be filled in,
that=s fine.
Commissioner
Messer asked Mr. Justus if the timeframe had changed with the revised
plan. Mr. Justus explained that it had not changed. The Vested Rights request was for five
years. The Board has discretion to
change the timeframe from five years.
Mr. Johnson -
Mr. Johnson is a neighbor to the development and expressed concern about
run-off, mosquitos, and silt. He asked
how high the area right next to him would be raised to put the extra
building.
Mr. Johnson was
told that the area would be leveled up.
It would be 4-5 feet lower than what the current storage units are.
Janice Moore -
Ms. Moore asked why some of the neighbors could not voice their opinions.
Chairman Moyer
stated that they were not made a party to the proceeding so they cannot be a
part of the meeting.
Ms. Conley -
Expressed a concern about this 30 year old neighborhood and feared that it
might be ruined. She mentioned a
meeting last night which turned out to be the Henderson County Planning Board
meeting.
Ms. Beeker
explained that the Planning Board meeting last night would be outside of the
scope of this particular proceeding.
The Board cannot take into account what happened at last night=s
meeting. Ms. Beeker explained that
there would be another opportunity for the neighbors to have input about the
area at large. Comments today need to
be focused on this application.
Commissioner
Ward - Mr. Ward said since the Board took the gentleman=s letter into
consideration and the plan has changed, he felt that it would be OK to allow
him to comment.
Chairman Moyer
stated that it would have to be done at the beginning of the meeting, when
reconvened, because Attorney Sam Fritschner was absent. Mr. Moyer was not
comfortable doing so with Sam absent but felt others could be given a chance to
speak when the meeting is reconvened again.
It was pointed
out that the gentleman in question lived across the street, in a gray house.
Janice Moore - Ms.
Moore asked if there was some way that the lights wouldn=t have to remain on
all night. She stated that they would shine in all the homes that are around
the development. If there are no security problems with the units, why do the
lights have to be on 24 hours. She
also expressed concern about the traffic, especially the RVs and boats, long
vehicles pulling in and out.
Craig Justus -
Mr. Justus explained that Mr. Shenimann had put shades on the lights so that
they shine down instead of out. The lights
need to be on because there may be customers coming at different hours of the
day or night.
Janice Moore -
Ms. Moore expressed that she didn=t think there should be RV storage on the
site. She thought it was too dangerous
and too unsightly.
Chairman Moyer
stated that this hearing will be continued to another day. We did not come prepared to swear additional
people in today. Mr. Moyer stated that
people can be sworn and make comments when this meeting is continued. They must
be able to be cross-examined by the other parties and the Attorneys. We must follow the legal procedures.
To
Site
Everyone moved
outside to visit the site and see the storage buildings, sites for the new
buildings, RV storage, etc.
We walked to a
ditch.
Harry
Schenimann- AOK, this is where the water starts at and according to the Army
Corp of Engineers it=s where it collects water from run-off and so forth here
and then it carries it on through under here.@
Janice Moore -
Ms. Moore pointed out that the spring head is on Heatherly=s property and then
it is piped across the front yard of Heatherly=s to here.
Commissioner
Hawkins asked where the land ended, if it was over at the mound of dirt or
right here. He was told it was beyond
the catch basin, past the mound of dirt.
There was much
discussion about the catch basin when we reached that site. There may be one large catch basin in the
area or maybe none. If the neighbors
want, it could be filled in. There seem
to be two different views on that at the moment.
There was
discussion about landscaping with it continuing to be some natural landscaping
with grass and trees. On this side of
the stream there would be no trees taken out.
Commissioner
Ward felt that the culverts need to be identified on the plan. When questioned, Mr. Johnson explained
that he had lived in the area for 30 years and he had seen an increase of three
to four feet of water during rainy times, as run-off.
Craig Justus
asked Mr. Johnson if he had asked any Engineer what the impact from this
development would be on his property.
Mr. Johnson stated that he had not.
We
moved to another spot on the property.
There was
discussion of where the additional two building would be on the amended plan. The tree line was pointed out and would
remain with more added.
Craig Justus
pointed out that Plan B with offices showed a slightly different configuration
of the building. All that should be
considered today is the application for Plan A.
There was
discussion of the water, silt pond, additional culverts, streambed and flow of
water as well as the fact that the culverts were sized to handle the water
according to the Army Corp of Engineers and the Erosion Control Department.
Craig Justus
stated that for what has been going on it has met all State requirements for
erosion control and for what is to occur as well. Public Officials do come out and make sure that they are
following every requirement imposed upon them for sediment, erosion, etc. They
intend to comply willingly.
Neighborhood
drive thru
We got back
into the van and drove through the neighborhood, stopping at Mr. Johnson’s
property with him pointing out where the water crosses his property. The water is normally about eight inches to
a foot deep but is low this year due to the dry conditions we have experienced. He has seen the water rise three to four
feet following a rain.
Ms. Conley next door pointed out the view
from her backyard and asked questions about the buffer etc. She can look upon
the whole complex from her backyard.
When the leaves are gone you can see much more clearly.
Continuation
of hearing
Chairman
Moyer made the motion to continue this hearing to the mid September meeting on
September 18 at 11:00 a.m. All voted in
favor and the motion carried. This was
at 2:33 p.m.
CANE
CREEK WATER & SEWER DISTRICT - no business
CLOSED
SESSION - none
Elizabeth
W. Corn, Clerk to the Board William L. Moyer, Chairman