MINUTES
STATE OF NORTH
CAROLINA BOARD OF COMMISSIONERS
COUNTY OF HENDERSON NOVEMBER 4, 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, Paralegal Connie Rayfield, 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 Hawkins
led the Pledge of Allegiance to the American Flag.
INVOCATION
David Nicholson gave
the invocation.
DISCUSSION/ADJUSTMENT
OF AGENDA
Chairman Moyer
suggested that after the Consent Agenda the Board go to the Discussion Items
because there were people in attendance for those items.
Angela Beeker
informed the Board of additional need to go into closed session at the
appropriate time.
Commissioner Ward
asked what the Board=s
intentions were concerning Discussion item AE - Proposed New Animal Services Ordinance@. He
was informed that the Board would get a brief presentation of the ordinance and
the Board could either defer it or set up a workshop to discuss the detail of
the Ordinance.
David Nicholson
asked that the Board add one item ACJPA Grant@.
Chairman Moyer added it as C-4 under Staff Reports.
Chairman Moyer
made the motion to approve the revised agenda.
All voted in favor and the motion carried.
CONSENT AGENDA
Commissioner
Messer made the motion to approve the consent agenda. All voted in favor and the motion carried. The Consent Agenda consisted of the
following:
Minutes
Draft minutes were
presented for the Board=s review and approval of the following meetings:
September 18, 2002,
regular scheduled meeting
October 7, 2002,
regular scheduled meeting
October 9, 2002,
special called meeting
October 16, 2002,
regular scheduled meeting
October 28, 2002,
special called meeting
Financial Report
- September 2002
Cash Balance
Report - September 2002
The County utilizes
unreserved fund balance during the early part of the new fiscal year to cover
expenditures over revenues in the General Fund. This is not an unusual financial position during this time of the
year prior to property tax bills being mailed.
However, we normally would have seen during the first quarter an
additional $2 million in revenues from the former Intangibles Tax Reimbursement
and another $650 thousand from the former Inventory Tax Reimbursement that is
being withheld by the Governor and the State of North Carolina.
Non-departmental
expense includes the annual property/liability and worker=s compensation insurance premiums paid to the
NCACC Risk Management Pools. These
costs will be allocated out to individual departments on a pro-rata share basis
prior to fiscal year-end.
Henderson County
Public Schools Financial Report - September 2002
The report had been
provided for the Board=s
review and consent approval.
Tax Collector=s Report
Terry F. Lyda, Tax
Collector, had provided the Tax Collector=s Report dated October 31 for the Board=s information.
Darlene B. Burgess,
Deputy Tax Collector, had provided the Deputy Tax Collector=s Report dated November 2 for the Board=s information.
Tax Releases
The Tax Assessor had
submitted a list of 220 tax release requests for the Board=s approval.
Petitions for
addition to State Road system
Petitions had been
received for addition to the State Road Maintenance System for the following
roads: Secretariat Drive
Forest Bend Drive
Mary Place
It has been the
practice of this Board to accept road petitions and forward them to NC DOT for
their review. It has also been the
practice of the Board not to ask NC DOT to change the priority for roads on the
paving priority list.
Request for
Improvement Guarantee for Oleta Falls, Phase III
Waterside
Properties, LLC, Developer
Mr. A. J. Ball,
Manager for Waterside Properties, LLC, had submitted an application for a
subdivision improvement guarantee for road improvements in Phase III of Oleta
Falls. The improvement guarantee is
proposed to cover the cost of completing ditch and shoulder work, finish
grading, installation of stone and paving.
Currently, the roads and shoulder had been graded, culverts had been
installed, seeding and rip rap had been provided and some stone had been placed
on the roads.
The Planning Board
granted conditional approval of the Master and Development Plan for Oleta Falls
on April 25, 2000. Since that time, the
Board of Commissioners had approved several improvement guarantees for various
portions of the project. There are currently
two active improvement guarantees: a letter of credit that was posted for the
proposed covered bridge and certified funds that were deposited with the County
for outstanding road improvements in portions of Sections 1, 2, and 3 of Oleta
Falls. Phase III comprises the final
portion of the subdivision project.
According to the
Development Plan approved by the Planning Board, the developer proposed
constructing the roads in Phase III to the standards for paved private local
residential subdivision roads in the County=s Subdivision Ordinance. Such
standards require, as a minimum, a 6-inch stone base, 1.5 inches of asphalt,
6-foot shoulders and ditches with a 3 to 1 slope and cut and fill slopes of 1.5
to 1. According to the cost estimate
provided by Mountain Engineering, the developer intends to install stone to a
depth of 8 inches, which exceeds the minimum standard.
Pursuant to Section
170-38 of the Henderson County Code, a developer may, in lieu of completing all
of the required improvements prior to Final Plat approval, post a performance
guarantee to secure the County=s interest in seeing that satisfactory construction of incomplete
improvements occurs. One type of
permitted guarantee is an irrevocable letter of credit. The developer intends to secure a letter of
credit from Palmetto Farm Credit/BB&T in the amount of $170,800.00, which
includes the cost of the road improvements ($136,640.00) as well as the
required twenty-five percent contingency of $34,160.00. The proposed completion date for the
improvements is October 1, 2003.
A draft Performance
Guarantee Agreement had been prepared for the Board=s consideration. If the improvement guarantee application is approved, the
developer must submit a letter of credit in accordance with the terms of the
Agreement. The County Attorney must
review the letter of credit and certify the Agreement as to form prior to its
execution by the Chairman and the developer.
There are several
proposed amendments to the Subdivision Ordinance pending which may be
beneficial for the developer of Oleta Falls.
While the cost estimate for Phase III assumes that the current
Subdivision Ordinance standards will be met, the draft Performance Guarantee
Agreement is similar to one the Board approved in September of 2002 for another
portion of the project in that it contains language that would allow the
developer to comply with applicable standards in the Subdivision Ordinance if,
through amendments, such standards are reduced.
The County Manager
recommended that the Board approve the application for an improvement guarantee
for Oleta Falls, Phase III, subject to the developer providing the County with
an irrevocable letter of credit in accordance with the terms of the draft
Performance Guarantee and subject to the County Attorney=s review of the letter of credit.
Request for
Improvement Guarantee for Macedonia Lake Subdivision
Joe E. Spearman,
Developer
Thomas McHugh, agent
for developer Joe D. Spearman, had submitted an application for a subdivision
improvement guarantee for road improvements in Macedonia Lake Subdivision. Macedonia Lake is located off Macedonia Road
in Green River Township. The
improvement guarantee is proposed to cover the cost of grading and
conditioning the existing stone base, installing additional gravel and paving
all of the roads in the subdivision.
Currently the roads are graded, drainage improvements and part of the
stone base have been installed, and the banks have been seeded.
The Planning Board
granted conditional approval of the Development Plan for Macedonia Lake on
September 25, 2001. Since that time,
the developer had submitted a revised Development Plan dated October 24, 2001,
which satisfies some of the conditions imposed by the Planning Board and which
also indicates that the Developer intends to pave the roads in the subdivision
to a standard that is somewhat greater than that required by the County=s Subdivision Ordinance. According to the Revised Development Plan,
the roads, all of which are considered to be private local residential
subdivision roads, will be constructed with an 8-inch stone base (6 inches is
required) and 1.5 inches of 1-2 asphalt (the minimum required). The cost estimate provided by Tarheel Paving
for the remaining work indicates that 2 inches of 1-2 asphalt will be provided,
which exceeds the construction standard shown on the revised Development
Plan. Mr. McHugh has confirmed to staff
that the developer intends to install 2 inches of asphalt. The cost estimate also shows an estimated
minimum and maximum quantity of gravel.
Mr. McHugh has indicated to staff that 1,990 tons is sufficient and has
based the improvement guarantee request on that amount. The improvement guarantee will ensure that
the developer constructs the roads, at a minimum, to the standards shown on the
Revised Development Plan.
Pursuant to Section
170-38 of the Henderson County Code, a developer may, in lieu of completing all
of the required improvements prior to Final Plat approval, post a performance
guarantee to secure the County=s interest in seeing that satisfactory construction of incomplete
improvements occurs.
One type of
permitted guarantee is an irrevocable letter of credit. The developer intends to secure a letter of
credit from MountainBank in the amount of $77,321.00, which includes the cost
of the road improvements ($61,857.00) as well as the required twenty-five
percent contingency of $15,464.00. The
proposed completion date for the improvements is June 30, 2003.
Pawnbroker=s License Renewal - Etowah Pawnbrokers, Inc.
Bruce Gosnell, who
operates Etowah Pawnbrokers, Inc., has filed an application to continue
operating a pawnshop at the Etowah Shopping Center in Henderson County.
Mr. Gosnell first
applied for a pawnbroker=s license in 1990 and has renewed his application/petition every year
since. The most current license expired
on September 30, 2002. A complete
renewal application had been submitted for Board review. Everything except the financial records were
provided for Board review. Financial
records were not included in order to maintain their confidentiality in
accordance with the public policy of the State.
The County Attorney
had reviewed the application/petition and the attachments and believed them to
be in order. Should the Board wish to
renew such license, action at today=s meeting to renew Mr. Gosnell=s pawnbroker=s
license for a term beginning October 1, 2002 and ending September 30, 2003,
would be appropriate.
Report of
Settlement
The Consent Order
was presented as a report of settlement to the Board and for entry into the
minutes as required by NCGS 143-318.11(a)(3), a copy of which is attached as
part of these minutes.
The Board was
requested to receive the consent order and to direct its entry into the minutes
of this meeting.
NOMINATIONS
Notification of
Vacancies
The Board was
notified of the following vacancies which will appear for nominations on the
next agenda:
Henderson County Zoning Board of Adjustment - 5 vac.
Apple Country Greenways Commission - 1 vac.
Fire and Rescue Advisory Committee - 2 vac.
Hospital Corporation Board of Directors - 3 vac.
Laurel Park Planning Board - 1 vac.
Senior Volunteer Services Advisory Council - 1 vac.
Nominations
Chairman Moyer reminded the Board of the following vacancies and opened
the floor to nominations:
1. Equalization and Review
- 1 vac.
There were no nominations at this time so this item was rolled to the
next meeting.
2. Nursing/Adult Care Home
Community Advisory Committee - 3 vac.
There were no nominations at this time so this item was rolled to the
next meeting.
3. Zoning Board of
Adjustment, Hendersonville City - 1 vac.
There were no nominations at this time so this item was rolled to the
next meeting.
Zoning Board of Adjustment, Fletcher - 1 vac.
There were no nominations at this time so this item was rolled to the
next meeting.
Community Child Protection Team - 2 vac.
Commissioner Hawkins nominated Margo Nagel to fill position # 4. There were no other nominations. Commissioner Hawkins made the motion to
accept Ms. Nagel by acclamation. All
voted in favor and the motion carried. One vacancy remains.
Travel and Tourism Board - 4 vac.
Commissioner Hawkins nominated Delmar Jones and Scott Surrette. There were no other nominations. Commissioner Hawkins made the motion to
accept both Mr. Jones and Mr. Surrette by acclamation. All voted in favor and the motion carried. Both gentlemen were reappointments. Two
vacancies remain.
Commissioner Gordon stated that the Travel & Tourism Board has
delayed their retreat until January.
That will give this Board or the next Board more time for making
appointments.
Trend Mental Health
Commissioner Messer announced that he would be appointing Stuart L.
Cohn, M.D. to the Trend Board to fill one of the vacancies.
OFFER TO PURCHASE PROPERTY BY CITY OF HENDERSONVILLE
Henderson County had received a letter from the City of Hendersonville
offering to buy the property located near the corner of Main Street and Maple
Street. A map was reviewed with the
property marked. The offer is for
$10,700 which is the taxable valuation of the property. Henderson County obtained this property
through a tax foreclosure.
The County Manager had spoken to the City Manager concerning the
property. The City is interested in
developing a small community park at the site.
Mr. Nicholson knew of no reason not to accept the offer from the City of
Hendersonville and provide the City a quit claim deed.
The City of Hendersonville owns the lot on one side of this
property. There was some discussion
that to be fair to the property owner on the other side of this property, they
should be given an opportunity to bid on it. Following discussion, Commissioner
Hawkins made the motion to propose to accept the City=s bid of $10,700
and authorize and direct the County Attorney to advertise for upset bids. The
City would be subject to our advertising procedure and fee. All voted in favor and the motion carried.
REVISIONS TO PROPOSED AMENDMENTS TO THE HENDERSON COUNTY SUBDIVISION
ORDINANCE
On October 7, 2002, the Board of Commissioners held a public hearing on
several proposed amendments to the Henderson County Subdivision Ordinance
(Chapter 170 of the Henderson County Code).
Such amendments were concerned with private road standards (centerline
radius, cut and fill slope and shoulder widths) and with requiring a note on
plats containing private roads.
Karen Smith reminded the Board that during the hearing the Board heard
comments from a surveyor and a developer expressing some concerns about the
amendments as presented. The County
Attorney also had concerns about some of the wording in the proposed amendments. The Board of Commissioners, therefore, asked
that the Planning Director and the County Attorney look at the amendments again
and send them to the Planning Board for further consideration. The Planning Board=s Subdivision
Issues Subcommittee met on October 10, 2002, discussed the issues that had been
raised at the hearing, and worked with staff on revisions to the amendments for
consideration by the full Planning Board.
The Planning Board reviewed the Subcommittee=s recommendation at
its meeting on October 15, 2002 and after making further revisions, voted
unanimously to send the Board of Commissioners a revised set of proposed
amendments (presented for Board review).
The Planning Board=s recommended
revisions to Amendment No. 1 attempt to eliminate the discretion that concerned
the County Attorney and those who spoke at the hearing by expressly providing
that certain reductions in the centerline radius, shoulder widths, and cut and
fill slopes are allowed if certain stated conditions are present. A developer would simply have to demonstrate
to the Subdivision Administrator or the Planning Board (whichever is
appropriate) that the stated conditions exist and the reduction would be
permitted. The Planning Board did not
propose any further reductions to the standards.
The Planning Board did not propose any revisions to Amendment No. 2,
nor did its members want to do away with the amendment as it felt strongly that
the note provides another means of notifying potential lot buyers that the
roads are private and that it is simply a note, like other notes required by
the Subdivision Ordinance, and not a certification.
Because the revisions to the proposed amendments were based on comments
the Board received during the public hearing and the notice for the hearing
indicated that the Board might discuss other options or make changes to the
proposed amendments before taking final action, staff believes that the Board
could act on the revised amendments without holding another hearing.
The County Manager recommended the Board approve the proposed amendments
to the Subdivision Ordinance as revised by the Planning Board, provided that
the Board was comfortable with the wording.
Following discussion, Chairman Moyer made the motion to approve the
amendments to the Henderson County Subdivision Ordinance. All voted in favor and the motion passed
unanimously.
UPDATE ON PENDING ISSUES
1. T.I.P. Recommendations
At the last Commissioners= Meeting, on
October 16, Chairman Moyer and Commissioner Gordon discussed with the Board the T.I.P. recommendations and at that
time stated they would have a revised T.I.P. for the Board=s review at this
meeting.
Since the last T.I.P. meeting on October 24, 2001, the Board of
Commissioners, the governing boards of each of the municipalities, the TAC, the
LGCCA and many other groups, have spent a considerable amount of time and
energy to develop and submit to the NC DOT an agreed-upon list of projects for
the 2004-2010 T.I.P. The various groups
in the County involved in transportation worked together effectively and most
of our recommendations were reflected in the 2002-2008 T.I.P. Based on our efforts to publish a
thoroughfare plan with the cooperation of NC DOT by year=s end 2002, we have
had discussions of multimodal systems to include bikeways and greenways to
incorporate in the plan as well as established a successful bus program for the
entire County with an interconnection to Asheville.
Based on the above activity and input from all concerned, our
recommendations for the 2004-2010 T.I.P. are as follows:
Priority One
Project No. R4430, which is currently on the 2002-2008 T.I.P., is the
top priority in Henderson County. This
project is defined on the T.I.P. as to Awiden and improve
roadway@ of Upward Road (SR# 1783) from US # 176 to
Howard Gap Road. We request that the
safety problems at the intersection of Upward Road and South Allen Road (SR#
1756) be fixed, that greenways and/or bikeways, walkways be constructed, and
that a design forum be used to plan and design this project. (A public forum
was held by NCDOT on April 22, 2002 at Blue Ridge Community College with input
from all interested parties).
Note: Completion of this project would provide an additional entrance
to the City and County, would help relieve traffic congestion on Four Seasons
Boulevard, would eliminate several very congested and dangerous intersections,
would aid economic development in the sountern end of the County, and would
move traffic to NC 176 which is current underutilized.
Priority Two
Our second priority is the widening of US# 64 West to a three-lane
facility from Buncombe Street to Daniel Drive.
The first phase of this project, Project No. U-4428, which is currently
on the 2002-2008 T.I.P., is the widening of US# 64 West from Buncombe Street to
Blythe Street. The second phase should
be from Blythe to Daniel Drive and this phase should be added to the 2004-2010
T.I.P. Construct bikeways/sidewalks, where feasible.
Note: The County=s hospital and one
of its EMS stations are located off this road. Congestion is so bad that in
peak times it is very difficult for the emergency vehicles to operate in a
timely fashion and for medical personnel to reach the hospital. Traffic is being forced to find alternate
routes to reach the hospital or to reach Hendersonville. (A Hendersonville City
Council.)
Priority Three
Widen I-26 from US# 25 Connector to NC# 280 from four lanes to six
lanes: Project I-4400 in the 2002-2008 T.I.P.
Widening of I-26 to six lanes will help relieve excessive traffic on
local roads and keep interstate traffic off local roads.
Priority Four
Widen the NC# 225 and I-26 Connector.
This is project R-505 and is currently on the 2004-2010 T.I.P. Traffic estimates for I-26 indicate that
there will be substantial additional traffic on I-26 and that traffic on the
NC# 225/US# 25 and I-26 Connector will increase substantially. A public input forum by NCDOT has been
concluded.
Priority Five
Upgrade and improve Howard Gap Road from US# 25N in Fletcher to US# 64
and from US# 64 to Upward Road. Howard Gap Road is a major artery for
the Town of Fletcher and is experiencing increased development including the
Fletcher Community Park, the new Fletcher Elementary School and Park Ridge
Hospital. Howard Gap Road is a major
road link between US# 25 and US# 64E and
Upward Road. The widening of
Upward Road to Howard Gap Road from I-26 and from US# 176 is already on the
T.I.P. Completion of these two projects
will definitely improve traffic conditions in this area of the County.
Priority Six
Add Cummings Road from Route 64 in Etowah to Hebron (Big Evans Road)
and Willow Road due to increased traffic.
This road needs to have the grade raised, realigned and widened to allow
increased traffic flow.
Priority Seven
Project No. R-2588 on the 2004-2010 T.I.P. is the widening of NC# 191
to a multi-lane road from NC# 280 south of Mills River to Kensington Road (SR#
1411) in Hendersonville. This project
is very controversial in the County and does not have the broad support that
exists for the other recommendations on our list. There is opposition to widening NC# 191 to a multi-lane
road. There are many different views as
what changes, if any, should be made to NC# 191. Questions have been raised concerning traffic counts, what steps
can be taken to relieve traffic on NC# 191, and what improvements can be made
to Stoney Mountain Road to improve safety and help relieve traffic on NC# 191.
In light of all of this, we recommend that Project No. R-2588 remain a T.I.P.
project and that the widening and safety issues associated with Stoney Mountain
Road be made a part of that project, but that no further planning or design
work be done on this project until after the County=s and City=s thoroughfare
plans have been completed and approved. The aforementioned recommendations will provide an opportunity for
the citizens of the County to work together to develop a plan for NC# 191 with
broad citizen support, and hopefully avoid a protracted, difficult and
unpleasant process.
Note: In the spring of 2002, NCDOT completed a superb resurfacing
project on NC 191 and
made major improvements to enhance traffic flow and safety. The costs incurred by NCDOT to complete the
project were $498,617.11. The residents
along NC 191 are extremely pleased with the current status of NC 191.
Priority Eight
Add turning lanes on US# 25 South from White Street to the intersection
of Erkwood and Shepherd Streets; straighten the Erkwood, Shepherd Street
intersection with US# 25 South; square up the intersection of Rutledge Drive
and US# 25 South at the Jackson Funeral Home; construct greenways, bikeways,
bike lanes, walkways. We recommend that
a design forum be used to plan and design this project and that it be added to
the 2004-2010 T.I.P.
It was decided to ask Mills River to also endorse the list of recommendations. Chairman Moyer would like to take one
unified list to the NCDOT meeting.
Following much discussion, Chairman Moyer made the motion that the
Board approve the T.I.P. recommendations for presentation at the November 21st DOT meeting for inclusion in the final
2004-2010 T.I.P. All voted in favor and
the motion carried.
2. Regional Water
Agreement Update
Chairman Moyer stated that after the discussion at the last Board
meeting, he and Angela Beeker had drafted an agreement which put together the
ideas supported by the Commissioners.
He met with representatives of the City of Asheville and delivered the
agreement to them. At this time he had
heard nothing back from them.
3. E-Communities Update
David Nicholson reminded the Board that they had received a $10,000
planning grant for the effort in Henderson County. Henderson County has been awarded a $12,000 grant from the group
for public access upgrades. Our first
priority was to upgrade the branch libraries to provide higher speed Internet
access to our public branch libraries.
That was approved and we will proceed with that. The second grant was to put a public access
terminal at the hospital and at Travel and Tourism and it was not
approved. Blue Ridge Community College
received a grant from the same group for digital literacy. They are setting up a digital literacy
program at both Henderson and Transylvania county sites. As part of this effort we will receive a
free printer for the public use at one of our public access sites as well as
some additional software. Henderson
County was also certified as an official certified E-Community for the State of
North Carolina. Mr. Nicholson had a
framed certification signed by the Governor and State Representatives. He will display the certification on the
wall in the big meeting room.
EAST FLAT ROCK SCHOOL ADAPTIVE REUSE: Regency Development Request
Selena Coffey reminded the Board that in 2001 the Board approved an
application to go to the State for the adaptive reuse of the East Flat Rock
School building to be turned into apartments for senior citizens. We were told at that point in time that
because we were a tier 5 county that we would not receive those funds. Now the State has some funding left for CDBG
and we have been informed through Regency Development that those funds will be
available to Henderson County for this project. In order to get funded we must write a letter to NC Division of
Community Assistance (DCA) asking that they send us a commitment for those
funds, to let us know that we will receive those funds. The letter will also have to ask them to
waive Henderson County to allow us to be able to hold more than one CDBG grant
in the year 2002. The other requirement
is that the Board of Commissioners commit to scheduling two public
hearings. Regency had requested that
the Board schedule the public hearings, the first one for November 20 at the
regular Board meeting and the second hearing at the December 2 Board meeting.
Tracy Dusenbury of Regency Investment Associates, Inc. (formerly
Regency Development Associates, Inc.) was present to answer any questions about
the status of the East Flat Rock School Project (Parkside Commons). She requested that the Board commit to hold
two public hearings, file the application before year-end, and commit to spend
the $112,500 requested in CDBG funds on the Parkside Commons project. These funds had been requested in order to
extend sewer service to the project and remove hazardous materials from the
building.
Mr. Nicholson reminded the Board that the community had been very
supportive of this project since its inception. The project offers the County the opportunity to rehabilitate a
historic building while providing housing to our senior citizens. He recommended that the Board support this
project by writing the letter as indicated, committing to the necessary public
hearing requirements, and authorizing the filing of the application by
year-end.
Following discussion, Commissioner Hawkins made the motion to
request the waiver from DCA and set the dates for the two public hearings. All voted in favor and the motion carried.
REQUEST FOR TWO PROJECT STATUS POSITIONS TO FULFILL NEW CONTRACT
AGREEMENT WITH PARK RIDGE HOSPITAL
Tom Bridges, Public Health Director, informed the Board that Park Ridge
Hospital had offered funding for the purpose of expanding the Women, Infants,
and Children (WIC) program sites in their hospital facility and at Blue Ridge
Community Health Services. The funding
is for the purpose of improving accessibility and continuity of care for
citizens in Henderson County. Park
Ridge Hospital also desires to expand the highly successful Lactation (Breast
Feeding) project offered through the Henderson County Department of Public
Health. Two new positions, a
nutritionist and an administrative assistant, were requested to serve as
full-time project employees of the Health Department, fully funded through the
financial support of Park Ridge Hospital.
Mr. Bridges stated that we had a breast feeding success rate of being
one of the worst in the State and in one year turned it around to being the top
in the State. The new program will be
offered at the Park Ridge Hospital as well as at Blue Ridge Health.
Mr. Nicholson informed the Board that this request would require no
County funding and he recommended that these positions be approved as project
positions for the contract period with Park Ridge Hospital.
Following discussion, Commissioner Gordon made the motion to approve
two project positions associated with the contract with Park Ridge Hospital as
proposed. All voted in favor and the
motion carried.
REQUEST OF ESTABLISHMENT OF A FEE FOR FOOD AND LODGING FOR PLAN REVIEW
SERVICES
Mr. Bridges, on behalf of the Henderson County Board of Health,
requested that the Henderson County Board of Commissioners approve the
establishment of a $200.00 fee for Food and Lodging Plan Review Services as
applicable within guidelines of the State, effective immediately. The Environmental Health Specialist must
review the kitchen lay-outs and design features to approve a proposed plan for
a new restaurant or food establishment for conformity to the state guidelines.
Each review takes an average of 4.5 hours to complete.
Mr. Nicholson stated that the Environmental Health Staff spends
substantial time in Food and Lodging Plan Review Services and until now have
not been permitted to charge a fee for these services. Collecting the proposed fee would allow the
County to recoup some of the expenses associated with this service. He recommended that the Board adopt this fee
and implement it immediately.
Commissioner Gordon pointed out that the Board of Health had discussed
this and had voted to ask the Board of Commissioners to approve it. It is a one-time charge for an extensive
service. Tom Bridges and his staff plan
to develop a hand-out that would be available for people who are thinking about
opening a restaurant to help answer their questions.
Commissioner Gordon made the motion to establish the fee for Food and
Lodging Plan Review Services in the amount of $200.00 effective
immediately. All voted in favor and the
motion carried.
INFORMAL PUBLIC COMMENTS
There were none.
PROPOSED NEW ANIMAL SERVICES ORDINANCE
Tom Bridges, on behalf of the Henderson County Board of Health,
recommended that the Henderson County Board of Commissioners adopt the proposed
basic New Animal Services Ordinance in the form it is offered in the first
section of the prepared document.
Amendments included in the second section were not to be considered as
formally recommended by the Board of Health but were included as optional
additional services that warrant discussion and consideration in the future.
The Board of Commissioners had been distributed copies of the draft
report entitled AHenderson County Board of Health Planning for
Animal Services.@ The report was based on about a year-long
study by the Animal Control Committee.
Mr. Bridges stated that they will have the entire document on the web
page for the Health Department for review.
A copy will be available at the Library and at the Health Department for
public inspection.
Commissioner Gordon thanked Tom Bridges and Robert Smith as well as
Brenda Miller and Dr. David Chapman for their work on this document.
Chairman Moyer deferred any action at this time stating the Board would
likely set a workshop on this Ordinance in December after the two new
Commissioners come on board.
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)(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.
3.(a)(5) To establish,
or to instruct the public body=s staff or
negotiating agents concerning the position to be taken by or on behalf of the
public body in negotiating(l) the price and other material terms of a contract
or proposed contract for the acquisition of real property by purchase, option,
exchange or lease; or (ll)the amount of compensation and other material terms
of an employment contract or proposed employment contract.
4.(a)(6) To consider
the qualifications, competence, performance, character, fitness, conditions of
appointment, or conditions of initial employment of an individual public
officer or employee or prospective public officer or employee; or to hear or
investigate a complaint, charge, or grievance by or against an individual
public officer or employee.
All voted in favor and the motion carried.
KOREAN WAR MEMORIAL
Mr. Raby made a presentation to the Board asking permission to
construct and place a Korean War Memorial in front of the historic courthouse
on Main Street. He showed a full scale
model of the proposed memorial they plan to construct. Mr. Raby stated that the
Korean War was the only war not covered by a monument in front of the historic
courthouse. They hope to begin a fund
raising project in November.
Jim Jean explained that the design of the monument, blue and white
ribbon with two stars, symbolizes the Korean Service ribbon. The two silver stars are battle stars and
each star represents five campaigns. In the Korean War there were 10
campaigns. He stated that they wanted
to stress that AFreedom is not free@ and therefore that
will be written across the front of the monument.
Commissioner Hawkins served in Korea, and felt this was an appropriate
symbol for those who served during that war.
He encouraged the Board to allow it to be presented in front of the old
courthouse.
Chairman Moyer made sure that they understood that we reserve the right
to move any of the memorials at the courthouse. We would take efforts to keep everything in as good shape as
possible.
Commissioner Hawkins made the motion to approve the request. All voted
in favor and the motion carried.
PUBLIC HEARING To Consider the Financing Documents for the Proposed
Financing of the Renovations to the Human Services Building
At approximately
7:00 p.m. the Chairman stated that the purpose of the meeting was to hold a
public hearing and take action on a resolution concerning installment financing
by the County for the purchase of real properties for the proposed Human
Services Building.
The Chairman asked
for a motion to open the public hearing.
Commissioner Ward moved that the public hearing be opened. The motion was seconded by Commissioner
Messer and was unanimously adopted.
The public hearing
was opened so that anyone who wished to be heard on the proposed project and
the installment financing documents could be heard. The Finance Director presented an affidavit of an officer of the
Times News showing publication on October 25, 2002 of a Notice of Public
Hearing. The Chairman directed that the
affidavit of publication be attached to this extract as Exhibit A.
County Attorney
Angela Beeker offered some minor corrections to the financing documents at this
time.
The Chairman
inquired whether there were any persons who wished to speak at the public
hearing. No one had signed up to speak to this issue and no one came forward
when announced.
The Finance Director
then introduced the following resolution by title:
RESOLUTION APPROVING TERMS
OF THE HENDERSON COUNTY FINANCING
FOR A MAXIMUM AMOUNT OF $7,700,000
WITH BRANCH BANKING AND TRUST COMPANY (?BB&T?)
WHEREAS, the Henderson County, North Carolina (the AUnit@) has previously
approved and determined to receive construction bids for the renovation of the
Human Services Building (the AProject@); and,
WHEREAS, there have been presented the following draft agreements (the AAgreements@) which the Unit
proposes to execute in connection with the financing of the Project, copies of
which shall be filed with the Unit=s records:
(1) A draft of a Financing
Agreement and Deed of Trust to be dated as of TO BE INSERTED (the AFinancing
Agreements@), from the Unit to a deed of trust trustee
for Branch Banking & Trust Company=s (BB&T)
benefit, providing for BB&T to finance a portion of the Unit=s undertaking of
the Project, and providing a separate security interest in the Properties to
BB&T to secure the Unit=s performance of its
obligations under the Financing Agreements; and
(2) A draft of the County=s Closing
Certificate (the ACounty=s Closing
Certificate@).
(3) A draft of the Use of
Proceeds Certificate (the AUse of Proceeds
Certificate@)
(4) A draft of the Project
Fund Agreement (the AProject Fund Agreement@)
WHEREAS, the Unit duly conducted a public hearing on November 4, 2002
regarding the Financing Agreements to finance the construction of the
Facilities.
NOW THEREFORE, BE IT RESOLVED BY THE HENDERSON COUNTY BOARD OF
COMMISSIONERS AS FOLLOWS:
1. The Unit hereby affirms
its decision to undertake the Project if the construction bids received are
acceptable. The Unit hereby
determines to accept the proposal from BB&T dated 10/22/02 to finance the
Project in accordance with the plan of financing described in the Agreements
referenced above. All actions of the County effectuating the proposed financing
are hereby approved, ratified and authorized pursuant to and in accordance with
the transactions contemplated by the documents referenced above.
2. Each of the Financing
Agreements is hereby approved, and the Chairman of the Board, the County
Manager, the County Attorney, and the Finance Director as the case may be, are
hereby authorized and directed to execute the Financing Agreements and to
deliver the same to the appropriate counter parties when the conditions for
delivery have been completed to the satisfaction of such officers, and the
Clerk (or any assistant clerk) is hereby authorized and directed to affix the
Unit=s seal to the Agreements and to attest the
same. The Agreements shall be in
substantially the forms submitted at this meeting, which are hereby approved,
with such changes as may be approved by the officer executing such agreement,
such officer=s execution and delivery to the counter party
to constitute conclusive evidence of approval of any such changes. The Agreements in final form, however, must
provide (a) for the Unit to finance a total of not more than $7,700,000.00; (b)
for the Unit=s obligation to repay the amounts advanced to
bear interest at an annual rate of not more than 4.59 percent; (c) the term of
the Agreements shall not exceed fifteen (15) years; and the annual payments to
be made under the Agreements.
3. The Unit=s payment of
Installment Payments, as defined in the Financing Agreements, shall be subject
to annual appropriation of funds by the Board.
The Unit shall not be obligated to make any Installment Payments beyond
those for which funds have been appropriated in the Unit=s sole discretion
during the Unit=s then-current fiscal year. The Financing Agreement shall not constitute
a pledge of the Unit=s full faith and credit. Neither the Unit=s full faith and
credit nor its taxing power is pledged directly, indirectly or contingently to
secure any moneys due BB&T.
4. The Unit=s officers are
hereby authorized and directed to deliver all certificates and instruments
and to take all such further action as they may consider necessary of
desirable in connection with the execution and delivery of the Agreements and
the consummation of the transactions contemplated thereby, including delivering
a certificate setting forth the expected use and investment of the proceeds to
be derived from the execution and delivery of the Financing Agreement (the AProceeds@), and to make any
elections such officers deem desirable regarding any provision requiring rebate
of earnings to the United States, for purposes of complying with the provisions
of the Internal Revenue Code of 1986, as amended, including applicable Treasury
regulations (the ACode@), applicable to
arbitrage bonds.
5. The Unit shall not take
or omit to take any action the taking or omission of which will cause its
obligations to pay Installment Payments (the AObligations@) to be Aarbitrage bonds@, within the
meaning of Code Section 148, or otherwise cause interest components of
Installment Payments to be includable in the gross income for Federal income
tax purposes of the registered owners of the Obligations. Without limiting the generality of the
foregoing, the Unit shall comply with any provision of the Code that may
require the Unit at any time to pay to the United States any part of the
earnings derived from the investment of the Proceeds. The Unit shall pay any such required rebate from its general
funds.
6. All other actions of
the Unit officers in conformity with the purposes and intent of this resolution
and in furtherance of the execution and delivery of the Agreements and the
consummation of the transactions contemplated thereby are hereby approved and
confirmed.
7. All other resolutions
or parts thereof in conflict herewith are hereby repealed.
8. This resolution shall
take effect immediately.
This the 4th day of November, 2002.
Mr. Nicholson
informed the Board at this time that he had received the commitment letter from
BB&T. The term of the loan is 15
years at 4.59%; however, contingent on getting the commitment letter there was
a notation that they will require a 1% fee on the amount of the new part of the
loan. There was some discussion.
Commissioner Ward
moved that the public hearing be closed.
The motion was adopted unanimously.
Much discussion
followed.
Recess
Chairman Moyer
called a five minute technical recess, to change videotapes.
Commissioner
Gordon moved that the Board proceed with the acceptance of bids on the current
time table for the abatement and demolition part of the project and extend the
date 90 days for receiving bids on the construction part of the project and
take no further action at this time on financing on this particular package. A
vote was taken and the motion was adopted unanimously.
Chairman Moyer
stated that he felt the direction was clear that the Board wished to look at
other financing options.
Commissioner Gordon
had polled the Board of Health at their meeting last week about this project
and asked them if the criteria that they felt were important had been met in
the project and if they felt it should go forward, assuming that the price was
right. The Board of Health was very
supportive of this and felt it should be kept moving. She stated that the Health Department is very concerned about
increasing case loads that are coming in and the need for space. She hoped that the Board could keep this
project going forward.
CJPA GRANT
David Nicholson reminded the Board that the Criminal Justice
Partnership Act funds were approved by the General Assembly although for a
lesser amount. The State had requested that we indicate our interest in
receiving these funds. Mr. Nicholson
had asked Selena Coffey to coordinate a meeting of the Criminal Justice
Partnership Program (CJPP) Committee to bring forth a recommendation to the
Board on its use. However, the State
needs to know now if we are planning to use these funds so that they can be
locked in.
Mr. Nicholson
recommended the Board approve seeking these funds from the State,
$63,184.00. He had provided the grant
award contract for the Board=s review.
Following
discussion, Commissioner Hawkins made the motion to inform the State that
the Board wished to seek these funds.
All voted in favor and the motion carried.
IMPORTANT
DATES
Request for
Public Hearing for Road Names
Rocky Hyder
requested the Board set a date for a public hearing to establish road
names. He made one addition to the list
- AJustus Case Mtn. Place@ under new road names.
Staff recommended
the public hearing be set for November 20 at 11:00 a.m.
Commissioner
Hawkins made the motion to set the public hearing for Wednesday, November 20 at
11:00 a.m. A vote was taken and the
motion passed four to one with Commissioner Ward voting nay.
Set Public
Hearing on Rezoning Application # R-04-02 (R-T to C-4)
Karen Smith informed
the Board that Mr. Nathan Benson had submitted an application requesting that
the County rezone one parcel totaling 1.25 acres from an R-T Residential
Transient zoning district to a C-4 Highway Commercial zoning district. The parcel proposed for rezoning (the
Subject Parcel) is located on the southwestern side of US 25 North, at the
intersection of Cely Drive and US#25N, less than 0.20 miles north of the
intersection of Brookside Camp Road and US#25N.
The Henderson County
Planning Board reviewed the application at its meeting on Tuesday, October 15,
2002, and voted to recommend to the Board of Commissioners that the Subject
Parcel be rezoned from R-T to C-2 Neighborhood Commercial, rather than C-4
Highway Commercial. Before taking action
on the application, the Board of Commissioners must hold a public hearing. Staff proposed that the hearing be scheduled
for Wednesday, December 18, 2002, at 11:00 a.m. When setting the hearing, the Board may wish to consider
advertising that the parcel is being considered for either C-2 or C-4 zoning.
Mr. Nicholson
recommended that the Board of Commissioners schedule a public hearing on the
rezoning application for Monday, December 18, 2002 at 11:00 a.m., and that
notices of the hearing indicate that the subject property is being considered
for either C-2 or C-4 zoning.
Following
discussion, it was the consensus of the Board to hold the public hearing at the
first meeting in January.
Commissioner Ward
made the motion to set the hearing for January 6, at 7:00 p.m. All voted in favor and the motion
carried.
CANE CREEK
WATER & SEWER DISTRICT - no business
There being no
further business to come before the Board, Commissioner Hawkins made the
motion to adjourn the meeting at 8:18 p.m.
All voted in favor and the motion carried.
Attest:
Elizabeth W. Corn, Clerk to the Board
William L. Moyer, Chairman