MINUTES

 

STATE OF NORTH CAROLINA                                            BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                           SEPTEMBER 3, 2002

 

The Henderson County Board of Commissioners met for a regularly scheduled meeting at 5:30 p.m. in the Commissioners' Conference Room of the Henderson County Office Building.

 

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, 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 Messer led the Pledge of Allegiance to the American Flag.

 

INVOCATION

County Manager David Nicholson gave the invocation.

 

Chairman Moyer stated on behalf of the Board how much they appreciated the work that went into the Apple Festival. It was a great success this year, and everyone involved did a tremendous job. He particularly wished to thank all the citizens that attended the parade, stating that attendance estimations were between 40,000 and 50,000.

 

DISCUSSION/ADJUSTMENT OF AGENDA

Chairman Moyer added one item under Closed Session - Economic Development. He also stated that under Discussion Item AC@ - Update on MPO, there would also be discussion on the RPO situation.

 

Commissioner Hawkins added one item as Discussion Item AD@ - Request for additional information for the upcoming Schedule of Values workshop.

 

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

 

CONSENT AGENDA

Commissioner Hawkins requested that Item AD@ - Water and Sewerline Extensions be pulled for discussion.

 

Chairman Moyer pulled Item AC@ - Financial Report - July, 2002 for discussion.

 

Chairman Moyer made the motion for the Board to approve items A and B of the consent agenda.  All voted in favor and the motion carried. The CONSENT AGENDA consisted of the following:

 

Minutes

Minutes were presented for the Board=s review and approval of the following meetings:

May 7, 2002, special called meeting  

July 29, 2002, special called meeting

August 15, 2002, special called meeting

 

Henderson County Public Schools Financial Report - July 2002              

The Schools Financial Report for July was presented for the Board=s information and consent approval.

 

Discussion of Item AC@ - Financial Report - July 2002, Cash Balance Report - July 2002

Chairman Moyer asked David Nicholson if at this stage, there were any items of concern in the budget based on the numbers seen thus far. Mr. Nicholson answered that this was the first month of the budget year, but so far everything seems to be okay.

 

Discussion of Item AD@ - Waterline & Sewerline Extension(s)     

Commissioner Hawkins questioned the proposed waterline extension, stating that it did not comply with the land use plan, it did not have adequate hydrant locations, and did not have adequate flow rate to meet fire protection standards.

 

Rocky Hyder stated they had looked at the project and made several observations. First, because of the size of the building in question, a hydrant would be required within 400 feet of any part of the building. Mr. Hyder believed the City may not have been aware of that requirement. He also commented that there was not much that could be done about the water pressure at this time because it is a dead end line.

 

Commissioner Hawkins questioned why the County would approve the extension without these codes being met. Mr. Nicholson stated that the County would let the City know that the fire suppression issue was an issue. He reminded the Board that the City is seeking the opinion of the Board, but ultimately the extension will be up to the City Council.   

 

Following discussion, it was the consensus of the Board to issue a letter approving the extension on the condition that it meet state law with respect to the hydrant at 400 feet, and expressing concern with respect to the volume of water available, suggesting that they look into developing other sources of water for fire protection. 

 

Chairman Moyer made the motion to approve Item AD@ of the Consent Agenda based on sending the indicated letter. All voted in favor and the motion carried.

 

Chairman Moyer made the motion to approve Item AC@ of the Consent Agenda with Mr. Nicholson=s added explanation. All voted in favor and the motion carried.  

 

NOMINATIONS

Notification of Vacancies

The Board was notified of the following vacancy which will appear for nomination at the next meeting:

1.               Transportation Advisory Committee - 1 vac.

 

Nominations

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

 

2.               Equalization and Review - 1 vac.

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

 

3.               Nursing/Adult Care Home Community Advisory Committee - 2 vac.

Commissioner Gordon made the motion to appoint Jackie Knief to position #4. Commissioner Hawkins made the motion to accept Ms. Knief by acclamation. All voted in favor and the motion carried.  

 

4.               Zoning Board of Adjustment, Hendersonville City - 1 vac.

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

 

5.               Zoning Board of Adjustment, Fletcher - 1 vac.

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

 

6.               Child Fatality Prevention Team - 1 vac.

Chairman Moyer nominated Pat Redden for appointment to position #1. Commissioner Gordon made the motion to suspend the rules and appoint Ms. Redden by acclamation. All voted in favor and the motion carried.  

 

STAFF REPORTS

Homeland Security Point of Contact

Rocky Hyder reminded the Board of the things the county had done in the past year with regards to Homeland Security. This included review and update of the Emergency Response Plan, and  improving communications between all agencies particularly within the medical community. He stated that one of the most important steps the community had made was in it=s awareness level, people now pay more attention to what is going on in the community.

 

The North Carolina Secretary of Crime Control and Public Safety had requested that each County designate a Homeland Security Point of Contact. Since the State delegates Homeland Security responsibilities to the Division of Emergency Management, staff suggested designating the County Emergency Management Coordinator as the Homeland Security Point of Contact.

 

Commissioner Hawkins made the motion that the Chairman execute the letter appointing the County Emergency Management Coordinator as the Homeland Security Point of Contact. All voted in favor and the motion carried.

 

Mental Health Reform Update

David Nicholson recapped the current position on Mental Health Reform. He reminded the Board that approximately one year ago, the General Assembly passed a law calling for mental Health Reform. A statewide business plan had been developed in December of 2001, and had been revised several times since. Basically, the law changes how services are provided. Currently across most of the state, there exist area authorities which provide services and the administrative function of mental health services.

 

The new law calls for the creation of a Local Management Entity, an LME, which in most cases would provide certain core services in the administrative area but not in services. Those core services include screening, assessments, referrals, emergency services, case support, prevention, consultation and education. Essentially, the LME would serve as the portal into the system, and a referral service out to the providers. Mr. Nicholson had met with many of the nearby county managers. Originally he met with managers in the Trend area and the Blue Ridge area. They then added Polk and Rutherford County to the discussion.

 

There are currently 39 mental health service providers across the state. The stated goal of the general assembly is 20 or fewer. It is the belief of the state that a lot of money will be saved by cutting down on the administrative costs of mental health. They also believe that contracting with providers will save money.              

 

Mr. Nicholson reminded the Board that in July, the county hosted a mental health forum to let the community know what was being done. He stated that once the business plan was complete, that would also be taken to the community. He also informed the Board that the Mental Health Authorities had created the Consumer and Family Advisory Council, which includes representatives from Henderson County. They will consult throughout the transition, and will receive copies of everything the county does from here out.

 

Mr. Nicholson stated that there were still a lot of unanswered questions about this transition, such as local dollars and the disbursement of assets from current authorities. There has been more information come in within the last few weeks, though it is still slow. He had learned that concerning implementation, a phased in time frame would be offered allowing the transition to occur on July, 2003, January, 2004, or July, 2004. The preliminary business plan still had to be submitted to the state by January, 2003. The final plan must be submitted by April, 2003.

 

The first date in the legislation is October 1, 2002, at which time a letter of intent is required. At the last meeting of the county managers, it was decided to approach the various Boards with a draft letter to be sent from all the counties. That letter stated that while the Counties of Mitchell, Yancey, Madison, Buncombe, Henderson, Transylvania, Polk and Rutherford are working on a multi-county area authority, an agreement has not yet been reached. Mr. Nicholson felt there were too many questions yet to be answered to state the certainty of creation of such an entity.

 

Mr. Nicholson also presented a Resolution to the Board concerning the reorganization of community mental health, developmental disabilities and substance abuse services. He stated that he felt the letter was a statement, but if they wished to also adopt a resolution the presented example could be used. He answered several questions from the Board on the reorganization of mental health services and what it means for Trend.    

 

Commissioner Hawkins made the motion to send the letter of intent to the Secretary of Health and Human Services. All voted in favor and the motion carried.    

 

Commissioner Ward made the motion to adopt the presented Resolution concerning mental health and forward it to the Secretary of Health and Human Services. All voted in favor and the motion carried.      

 

Mills River EPA 319 Grant

The Mills River Watershed Protection Project is a voluntary, grant-funded project. This project helps protect Henderson County=s primary water supply in addition to the following projects:

1. Constructed an agrochemical handling facility for a vegetable farmer

2. Stabilized four eroding stream banks

3. Planted thousands of trees and distributed thousands more

4. Currently working with two cattle farmers to build facilities to manage cattle waste

 

Angela Beeker was pleased to inform the Board that the Environmental Protection Agency had awarded a new grant to the project. Because the Contractor must be a legal entity, Henderson County was being asked by the Mills River Partnership to be the Contractor. The grant, in the amount of $448,000 would pay for the project and personnel expenses over a three year period. It was a 40% match grant, and several groups had committed to matching funds that exceed those required for the EPA grant. Previously, two grants from the Clean Water Management Trust Fund as well as other grants to fund personnel expenses had financed the project.

 

Chairman Moyer had some questions with respect to the matching fund, asking if they had all been cleared. Ms. Beeker stated that she had tried to get a letter from all of the matching entities to confirm their match. He also questioned the use of funds from a previous Clean Water Management Trust Fund Grant, stating that funds spent under a prior grant should not be used as a match for this grant. There followed discussion on the funding, with Carey McLelland answering some questions on the matching funds.   

 

Dr. Tom Burnet from the Soil and Water Conservation District discussed the various means by which the matching funds would be reimbursed. He also stated that grant funds from the previous Clean Water Management Trust Fund Grant could receive extensions. With those extensions for another year, the funds spent during that period could be used as a match. One of the reasons for the extension was the large amount of money that had not been spent.

 

Commissioner Hawkins questioned the purpose of the project, stating that it was an important project, but one that would cost about $1.2 million in the final analysis. He expressed concern especially over the measurement of sedimentation, and the need for $35,000 for the volunteer services. Dr. Burnham answered that there is a paid coordinator out of UNCA, as well as materials and transportation costs unrelated to the volunteers. The sedimentation measurement at this time will be used to seek a correlation over time, but its importance for the moment is to see where the major problems are.   

 

Dr. Burnet then presented a PowerPoint presentation explaining terminology associated with the Mills River Watershed Protection Project, showing photos of completed projects, and projects underway. He explained that the projects showed the best management practices for their particular uses. That presentation is attached and hereby incorporated as a part of the minutes. Dr. Burnham answered several questions from the Board relating to the presentation. 

 

Commissioner Hawkins stated that this was a very important project, but one with a high price tag. He expressed concern over the small percentage of money being spent on public education. Dr. Burnet agreed, stating that he had found direct interaction with landowners seemed to be most effective.

 

Chairman Moyer stated that his only reservation was whether the match had been appropriately approved. Angela Beeker reminded the Board that this matter would come back before them for approval of the grant agreements. She stated that she would try to get confirmation from the state in writing on the use of the Clean Water Management Trust funds. She also stated that she would try to confirm whether Board approval was given by the Regional Water Authority Board on their $45,000.

 

Chairman Moyer made the motion to support the project contingent upon appropriate verification that the matches can be effectively used as indicated in the proposal. All voted in favor and the motion carried. 

 

INFORMAL PUBLIC COMMENTS  

There were none.

 

PUBLIC HEARING ON ECONOMIC DEVELOPMENT INCENTIVES - LIQUIDLOGIC

Commissioner Ward made the motion to go into public hearing. All voted in favor and the motion carried.       

 

Scott Hamilton stated that representatives from Liquidlogic were present, and had brought a sample kayak for the presentation. He stated that the company is looking at a 26 acre site on the corner of Upward Road and Crest Road. The Committee of 100 strongly supports the project, and was one of the markets identified in the recent Lockwood Greene report.  

 

The Board had been asked to consider granting economic development incentives to Liquidlogic, a company that has a kayak research and development office in Henderson County and a kayak manufacturing plant in Pennsylvania and is considering consolidating all of its operations to a location in Henderson County. The initial taxable capital investment from the project is expected to be $1.7 million, which included buildings and equipment, the retention of 15 employment positions and the creation of 12 new employment positions paying an average wage of $30,500 annually. Liquidlogic will also be considering a Phase II taxable capital investment of $1.2 million, consisting of equipment and possibly a small expansion to the building,  and the creation of an additional 13 new employment positions. If both phases are completed the total taxable capital investment for the project would be $2.95 million, with 25 new employment positions.

 

Liquidlogic is requesting up front economic development incentives from the County in the amount of $35,000 for water and sewer costs incurred in Phase I of its plan to consolidate its operations to Henderson County. Liquidlogic is also requesting a maximum of $24,000 to be reimbursed over a 5-year period for expenses associated with Phase II, for a total of potential economic development incentives in the amount of $59,000 if both phases are completed.

 

Tom Dempsey, President of Liquidlogic, stated that they had formed two years ago, and had set out to create a premium kayak company. They had accomplished a lot toward that objective, and were known in the marketplace as the ALexus of kayaks.@ The core founding partner group are all kayakers, having about 100 years of experience in paddling. He stated that they wish to live and work in an area where they could enjoy their hobby, and Henderson County offers that opportunity.

 

Woody Callaway, one of the founding partners, stated that quality of life was very important as they go forward. He informed the Board that the Green River was world famous. Unlike other rivers, the Green River runs more than any other river in the world. He specifically mentioned the ANarrows Section@, which drops 500 feet per mile while the Grand Canyon drops 16 feet per mile.

 

Mr. Dempsey described the manufacturing process, called rotational molding. He stated that the process had other applications, which he envisioned for the facility if the marketplace allowed. He also stated that Liquidlogic had won manufacturer of the year, speaking to the quality of their product. He hoped to construct about a 20,000 square foot facility, keeping the company small and healthy.          

 

Commissioner Hawkins stated that he understood the City of Hendersonville had agreed to participate in the venture, and he was very pleased to hear that. He complimented the Committee of 100 for their work. Scott Hamilton concurred that the City was going to participate in the project, and had committed $25,000 to help offset the cost of the extension of water and sewer to the site.

 

Public Comment

There was none.

 

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

 

Commissioner Gordon made the motion to authorize negotiation of a finalized agreement with Liquidlogic. All voted in favor and the motion carried.

 

CLOSED SESSION

Chairman Hawkins made the motion to go into Closed Session for the following reason:

 

1.   NCGS 143-318.11(a)(4): To discuss matters relating to location or expansion of industries or other businesses in the area served by the public body.

 

All voted in favor and the motion carried.

 

Public Input Session on Abandonment of Hog Rock Road

David Nicholson reminded the Board that the purpose of the public input session was to hear from the property owners and the community concerning the proposed abandonment of Hog Rock Road, SR#1703. The road was not being used by emergency services, and there was no school bus transportation. There were some issues of illegal dumping on the road. He stated that it was not the entire road in question, but the last part of it.

 

Public Input 

1. Gene Heatherly - Mr. Heatherly is a property owner on Hog Rock Road. He presented a series of photographs that showed the illegal dumping problems he had experienced. He also described the condition of the road, and the problems with traffic on the road. He stated that he does not just want the road abandoned, he wants it closed.

 

2. Joe Weber - Mr. Webber stated that he lives just below Mr. Heatherly, and felt there was a large environmental impact associated with the dumping. The creek being effected flows into Bat Cave and eventually into Lake Lure, and is causing pollution.   

 

Commissioner Gordon made the motion to approve the Resolution requesting the state to abandon a portion of Hog Rock Road from the Secondary Road System. Angela Beeker stated that it would be helpful to clarify in the resolution that the portion of the road indicated in purple on the attached Exhibit A be abandoned. Commissioner Gordon amended her motion to include that clarification. All voted in favor and the motion carried.

 

Commissioner Gordon asked to clarify that although Mr. Heatherly had mentioned closing the road, the county could only request that the state abandon the road. Angela Beeker answered that the county may in fact have the authority to close the road. She informed the Board that she is currently researching whether the Board can take action to close a road once it has been abandoned by the NCDOT. She had recently discovered an obscure statute that may allow the county to close a public road or easement not in a city or under the authority of the NCDOT.

 

Update on Pending Issues

Legislative Update

Angela Beeker stated that the Legislature had recently begun showing signs of activity, but there had been no activity reported on the sales tax. Activity that had come out was as follows.

C        North Carolina Economic Stimulus and Job Creation Act - This was an act to create a new grant program for the creation of jobs. The act had passed the House, and has gone to the Senate for consideration. Based on the number of jobs created, a company could receive back from the State up to 75% of the income taxes paid by employees. It would cost $5,000 to apply for the grant, only 25 could be awarded per year, and it would go until 2006.

C        Public Health Bio-terrorism Preparedness Bill - This Bill was very close to passing. It had passed the House and the Senate, with the Senate making some modifications with which the House must concur. The Bill would strengthen the authority of the State Health Director and local Health Directors in the event of a Bio-terrorism act.


C        Use Value Statutes - There had been questions on the interpretation of Use Value, in that some land uses could be put under a Use Value program and pay based on the actual use of the property rather than the potential use of the property. This will be voted on very shortly.

C        Reduced State Spending Plan - This was to have expired at the end of August, but has been extended through the end of September.

C        House Bill 1490 - This bill would limit the Governor=s ability to withhold locally levied revenues. This bill is showing some movement, and may pass both houses.     

 

Placing of Legal Advertisements

This item was rolled to a future meeting.

 

Crystal Springs Cemetery

This item was rolled to a future meeting.

 

Fiscal Year 2002-2003 Budget

David Nicholson reminded the Board that at a previous meeting, he had provided a proposal to reduce the County=s budget by $2.4 million due to the elimination of Article 44 Sales Tax. That reduction came from the following cuts:

 

Elimination of Contingency                                                                       $          906,668

Schools Capital Reserve Funds                                                    $          742,526

County Manager=s Proposed Additional Cuts

Personnel Expenses                                        $          194,743

Capital Outlay                                                $          117,941

Technology                                                     $            25,000

Line Items                                                       $          136,826

Schools Current Expense                               $          269,616

Total Proposed Cuts                                                                $          744,126          

Reduction of Fund Balance Appropriated                                     $            52,685

Total to Offset Elimination of Article 44 Sales Tax                                  $       2,446,005

                                                                                                                                                            Original Adopted Budget                                                          $     77,053,748

Minus Cuts                                                                                                $      (2,446,005)

Revised Budget                                                                             $     74,607,743

 

A budget amendment containing the above information was presented for the Board=s consideration. A copy of the budget amendment is attached and hereby incorporated as a part of the minutes.

 

Commissioner Hawkins stated that he approved the reduction in the budget. He expressed concern over the amount appropriated from the fund balance over the course of the budget proceedings. David Nicholson stated that the total appropriated from fund balance ended up being about $700,000. Commissioner Hawkins stated that his concern was for the next year, because  the county had already utilized that fund balance.

 

Commissioner Ward stated that many counties had lost significantly more total dollars than Henderson County did. He stated that the current cuts would have a low impact on services. He complimented Mr. Nicholson and the Board for building up the fund balance for just such an emergency.

 

Following additional discussion, Chairman Moyer made the motion to approve the budget amendment as presented in the agenda packet. All voted in favor and the motion carried.

 

Update on MPO 

Chairman Moyer informed the Board that for months the State had been trying to set up Rural Planning Organizations (RPOs) in area counties and in the state. He had recently learned that the whole state, with the exception of two areas, had adopted the RPO concept. He stated that there would be an upcoming meeting at Land-of-Sky with respect to RPOs, the final meeting on RPOs.

 

While moving on the RPO concept, the county was notified that we would be put in the Asheville Metropolitan Planning Organization (MPO). Chairman Moyer expressed a tremendous concern for having transportation planning put into the Asheville MPO, which is a department of the City of Asheville. He discussed the situation with the current bylaws, stating that those bylaws might be amended to give Henderson County a seat on the Board.

 

Chairman Moyer requested the Board=s support in pursuing establishing an MPO for Henderson County and anyone else who would wish to join. The requirement would be 50,000 residents, which the county has. He felt it was worth trying to get the MPO established under federal law, to allow local management of transportation needs.

 

It was the consensus of the Board to support pursuing an MPO for Henderson County.

 

With respect to the RPO, Chairman Moyer felt that the counties would have to continue to do their own planning. He stated that he did not see any benefit in joining the RPO, felt the MPO concept should be pushed, and then all parts of the county could be placed into the MPO. Following discussion, it was the consensus of the Board to proceed with the MPO and not participate in the RPO.

 

Request for Information - Schedule of Values Workshop

Commissioner Hawkins requested the Chairman contact the Assessor and ask for more information on the proposed Schedule of Values, especially in the commercial areas. Following discussion, it was the consensus of the Board to have the Assessor answer some questions and provide additional information.

   

IMPORTANT DATES

Chairman Moyer stated that when he learned that Commissioner Hawkins would be unable to attend the meeting scheduled for September 18th, he had recommended that it be moved to September 25th. There have been numerous public hearings already scheduled for the 18th which might create a conflict. It was the consensus of the Board to leave the meeting as was originally scheduled.

 

Mr. Nicholson asked the Board to set the second public hearing on the Community Development Block Grant for the Highlander Woods application. Chairman Moyer made the motion to set the public hearing for September 18th at 11:00 a.m. All voted in favor and the motion carried.

 

Mr. Nicholson asked the Board to set a public hearing on possible road names changes. Commissioner Ward made the motion to set the public hearing for September 18th at 11:00 a.m. All voted in favor and the motion carried.

 

Mr. Nicholson also requested the Board set a workshop regarding the Howard Gap/Brookside Camp Road Area Zoning Study. Chairman Moyer questioned how this fit in with Karen Smith=s schedule. Ms. Smith stated that Josh Freeman would be taking the lead on this matter. Commissioner Ward made the motion to set the workshop for October 9th at 3:00 p.m. All voted in favor and the motion carried.

 

Mr. Nicholson also requested the Board set a workshop regarding the Howard Gap/Brookside Camp Road Area Zoning Study. Chairman Moyer questioned how this fit in with Karen Smith=s schedule. Ms. Smith stated that Josh Freeman would be taking the lead on this matter. Commissioner Ward made the motion to set the workshop for October 9th at 3:00 p.m. All voted in favor and the motion carried.

 

Mr. Nicholson requested the Board set a public hearing on Proposed Amendments to the Henderson County Subdivision Ordinance. Chairman Moyer made the motion to set the public hearing for October 7th at 7:00 p.m. All voted in favor and the motion carried.

 

Mr. Nicholson requested the Board set a public hearing on Rezoning Application# R-03-02 (R-20 to RC). Commissioner Ward made the motion to set the public hearing for October 7th at 7:00 p.m. All voted in favor and the motion carried.

 

Karen Smith reminded the Board that for the September 18th meeting, it was proposed that staff discuss the most recent Zoning Ordinance Rewrite draft with the Board. She stated that staff would probably be able to get that draft to the Board a week prior to the September 18th meeting. It was the consensus of the Board to plan discussion of the draft on October 7th, but schedule the input session at the meeting on September 18th.  

 

ADJOURNMENT

Commissioner Messer made the motion to adjourn the meeting at 8:45 p.m.  All voted in favor and the motion carried. 

 

Attest:

 

Elizabeth W. Corn, Clerk to the Board

 

William L. Moyer, Chairman