The Henderson County Board of Commissioners met for a
regularly scheduled meeting at 5:30 p.m. in the Commissioners' Conference Room
Those present were:
Chairman Bill Moyer, Vice-Chairman Charlie Messer, Commissioner Larry
Young, Commissioner Shannon Baldwin, Commissioner Chuck McGrady, County Manager
David E. Nicholson, Assistant County Manager
Also present were: Planning Director Karen C. Smith,
Budget and Management Director
CALL TO ORDER/WELCOME
Chairman Moyer called the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Commissioner McGrady led the Pledge of Allegiance to the American Flag.
INFORMAL PUBLIC COMMENTS
1. Nyoka Harris – Ms. Harris spoke in favor of utilizing the Tuxedo school property for a park and library setting.
2. Katherine Taylor – Ms. Taylor also spoke in support of the County using the Tuxedo school property for a local park.
3. Fielding Lucas – Mr. Lucas discussed the School Board’s planning process for school building plans. He read a report prepared on classroom and school size and made the following recommendations:
· Make sure everyone understands the 10% class size cuts would require an additional elementary school be built and operated at the County’s expense
· Required the School Board to look at the Dana plans. Why, if a school will be held to 600 students must it have a core area for 731 students.
· “One data point does not a trend make”. If the schools will not use simple regression analysis which would improve the quality and confidence in building plans, the Board could pay to have it done.
· If the choice is made to follow the LEA’s current class and school size policies, a new school must be built as quickly and economically as possible.
· Move the Joint School Facilities Meetings to the Commissioner’s meeting room and televise.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested the addition of Discussion Item “F” regarding an update on the Legislative Conference. Commissioner Baldwin recommended that a written report on the conference be issued. Chairman Moyer stated that he would be glad to share the information he had received at the conference. Chairman Moyer made the motion to approve the agenda with the one addition. All voted in favor and the motion carried.
Commissioner McGrady made the motion to approve the Consent Agenda. All voted in favor and the motion carried.
The Consent Agenda items were:
Draft minutes were presented of the following meetings for the Board’s review and approval:
· November 1, 2004 - regular meeting
· January 12, 2005 - special called meeting
· February 7, 2005 - regular meeting
Terry F. Lyda, Henderson County Tax Collector, presented the Tax Collectors’ Report dated March 4, 2005, for the Board’s information.
Financial Report – January 2005
Cash Balance Report – January 2005
These reports were presented for the Board’s information and consent approval.
The YTD costs in the General Fund Non-Departmental line item is the annual property/liability and workers compensation insurance premiums paid to the NCACC Insurance Risk Pools for FY2005. The remaining costs will be allocated out to departmental budgets.
The YTD deficit in the CDBG-Scattered Site Housing Project, the CDBG-Howard Gap Waterline Project, the Mills River Watershed Protection Project and the Mills River Sewer Capital Project are all temporary due to timing differences in the expenditure of funds and the subsequent requisition of Federal and State grant funds to reimburse these expenditures.
The Human Services Building Project deficit is due to architectural fees, demolition/abatement and utilities relocation work completed for this new facility. It is anticipated that these costs will be recouped from financing proceeds for the project before the end of the current fiscal year.
Henderson County Public Schools Financial Report – January 2005
The Schools Financial Report for January was presented for information only.
Valley Hill Fire and Rescue Lease Purchase Agreement
At the February 8, 2005 Fire and Rescue Advisory Committee meeting, Battalion Chief Tim Garren of Valley Hill Fire and Rescue presented a proposal to order a new, 3500 gallon water tanker. This truck represents a new concept in portable water supply for the fire service, having the potential to dramatically improve the capacity and capability of tanker shuttle operations. The total price of the new tanker is $170,000. Valley Hill will make a down payment of $85,000, financing the remaining $85,000 through Kansas State Bank at a rate of 4.2% with a yearly payment of $31,000 for 3 years.
A motion to approve the purchase was made by Richard Barnwell and seconded by David Johnson. The motion passed with unanimous approval. Valley Hill Fire and Rescue respectfully requested the Chairman sign a prepared letter of support to Kansas State Bank.
Resolution Supporting Accreditation of Local Public Health Departments
On January 4, 2005, the Henderson County Board of Health passed the following resolution in support of accreditation of local public health departments. Boards of Health and Boards of County Commissioners were being asked by the NC Association of Local Health Directors to support this resolution to seek legislative support and funding for establishing a benchmark for measuring the capacity of local public health departments to perform core public health functions and deliver essential services in their communities.
The Health Department believed that our health department should have no problem meeting the public health accreditation standards, and that it too should go through the process to provide this documented assurance. They requested the Board support the resolution and urge our State Legislature to pass legislation on public health accreditation.
A copy of the Resolution is attached hereto and incorporated as a part of the minutes.
Corporate Banking Resolution
A banking resolution from Carolina First Bank required approval by the Board to authorize those persons listed in the resolution to conduct banking business not limited to making deposits, withdrawals, borrowing funds and investing idle funds on behalf of the County with the bank.
A copy of the Resolution is attached hereto and incorporated as a part of the minutes.
Improvement Guarantee for Cummings Cove Golf & Country Club, Phase II, Sections 4 and 5, Mountain Crest-Cummings Cove Company, LLC, Owner
Mr. William R. Buie, P.E., on behalf of Cummings Cove Company, LLC, owner and developer of Cummings Cove Golf & Country Club, has submitted a request for an improvement guarantee for Phase II, Sections 4 and 5 of the Mountain Crest section of that development. Henderson County Planning Department staff granted conditional approval of Development Plans for Phase II, Sections 4 and 5 – Mountain Crest, in July of 2002. The County Planning Board granted a one-year extension of such approvals in July of 2004. The requested improvement guarantee is proposed to cover required grading and road, water and sewer construction in both Sections 4 and 5 as well as construction of a booster station and water tank.
Pursuant to Sections 170-38 and 170-39 of the Henderson County Code (the Subdivision Ordinance), 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 post with the County an irrevocable letter of credit in the amount of at least $1,719,031.25 to cover the cost of the improvements ($1,375,225.00) as well as the required twenty-five percent (25%) contingency ($343,806.25). The proposed completion date for the improvements is March 1, 2007. The Subdivision Ordinance allows a developer using an improvement guarantee a maximum of two years between the time of initiation and completion of required improvements.
A draft Performance Guarantee Agreement is attached for the Board’s consideration. If the application is approved, the developer must submit the irrevocable letter of credit in accordance with the terms of the Agreement. Once the County receives a letter of credit in proper form, the relevant parties must execute the Agreement.
Improvement Guarantee for Pinnacle Falls, Phase I-Section I (Meadows)
Mr. Luther E. Smith, on behalf of
Pursuant to Sections 170-38 and 170-39 of the Henderson County Code (the Subdivision Ordinance), 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 post with the County an irrevocable letter of credit in the amount of at least $340,595.00 to cover the cost of the improvements ($272,476.00) as well as the required twenty-five percent (25%) contingency ($68,119.00). The proposed completion date for the improvements is March 1, 2007. The Subdivision Ordinance allows a developer using an improvement guarantee a maximum of two years between the time of initiation and completion of required improvements.
A draft Performance Guarantee Agreement is attached for the Board’s consideration. If the application is approved, the developer must submit an irrevocable letter of credit in accordance with the terms of the Agreement. Once the County receives a letter of credit in proper form, the relevant parties must execute the Agreement.
Request for Modifications to Improvement
Guarantee for The
On October 18, 2004, the Board of Commissioners approved a request by the developers to extend the deadline for completing the improvements specified in the original agreement to June 30, 2005. The developers and the Board of Commissioners entered into a new Performance Guarantee Agreement that specified the new completion date for the improvements. The developers provided a rider to the existing bond, which extended the bond’s expiration date to August 31, 2005.
January 18, 2005, the Henderson County Planning Board conditionally approved a
revised Master Plan and a revised Phase I Development Plan for The Homestead at
developers are therefore requesting to amend the improvement guarantee for
Phase I to reference the approval of the revised Development Plan and a revised
cost estimate for the improvements in Phase I of The Homestead at
If the Board of Commissioners agrees to revise the improvement guarantee as presented above, staff has attached for the Board’s consideration a draft Performance Guarantee Agreement which reflects the necessary modifications and requires submittal of an amendment to the existing bond that acknowledges the revised Development Plan, and its approval date, for the project. The relevant parties must execute the new Performance Guarantee Agreement if the Board approves the extension request.
Modification of reimbursement resolution (Dana Elementary School)
A reimbursement resolution previously adopted for the project needed to be updated to provide for reimbursement of the most recent expenditures for the project from anticipated financing proceeds. The resolution also separated the financing of this project from the reimbursement resolution regarding the Hillandale Elementary Project.
Bond counsel for the County had reviewed and approved the resolution.
A copy of the Resolution is attached hereto and incorporated as a part of the minutes.
Settlement of Lawsuit
DAN TONEY, Plaintiff,
A tentative settlement has been reached whereby the North Carolina
Association of County Commissioners’ Risk Management Pool is to pay the sum of
$16,000.00 in full and final settlement of all claims against
N.C. Gen. Stat.§ 143-318.11(a)(3) requires that a settlement of a claim against the County be publicly reported and entered into the Board of Commissioner’s minutes within a reasonable time after the settlement is concluded. The Board was requested to confirm this settlement and enter it into the minutes of today’s meeting.
Resolution-Newspapers in Education Week
The Times News requested that the Board proclaim the week of March 7-11, 2005 as Newspapers in Education Week and adopt a Resolution to that effect. A copy of the Resolution is attached hereto and incorporated as a part of the minutes.
Amendment to Personnel Resolution
The following was a proposed change to the Henderson County Personnel Resolution:
“Section 7.5.2 Failure in Personal Conduct
An employee may be suspended, demoted or dismissed without prior warning for just cause relating to personal conduct detrimental to County service.
The following causes relating to failure in personal conduct are representative of those considered to be adequate grounds for suspension, demotion, or dismissal.
(a) Fraud in securing appointment;
(b) Conduct unbecoming a public officer or employee, whether on or off duty;
(c) Conviction of a felony or of a misdemeanor that would adversely affect performance of duties, or entering a plea of "no contest" to either;
(d) Misappropriation of County funds or property;
(e) Falsification of County records;
(f) Reporting to work under the influence of alcohol or narcotic drugs or partaking of such things while on duty or while on public property where prohibited, except that prescribed medication may be taken within the limits set by a physician so long as medically necessary, which are not disruptive to the employee's regular duties and/or job performance and which have been approved by the Department Head or the County Manager;
(g) Willful or grossly negligent damage or destruction of property;
(h) Willful or grossly negligent acts that would endanger the lives and property of others;
(i) Acceptance of gifts or favors in violation of the ARTICLE 5, Section 5.1 of this Personnel Resolution;
(j) Incompatible employment or conflict of interest;
(k) Violation of political activity restrictions;
(l) Violation of safety rules of major significance; and
(m) Other serious reasons.
If a Department Head deems disciplinary action appropriate for an employee's failure in personal conduct, he shall initiate the disciplinary process as follows. The Department Head shall conduct an investigation of the personal conduct incident, gathering enough evidence to determine the facts that are involved. The Department Head shall then notify the Human Resources Director in writing that disciplinary action is necessary for the employee.
The notice shall recommend to the
The Board was requested to approve a “JOINT RESOLUTION OF BUNCOMBE AND HENDERSON COUNTY COMMISSIONERS IN SUPPORT OF STATE ASSUMPTION OF COUNTY SHARE OF MEDICAID COSTS.” A copy of the Resolution is attached hereto and incorporated as a part of the minutes.
Water and Sewer Line Extensions
The City of
The City of
Extension of Technical Assistance
Habitat for Humanity has requested an extension on the
technical assistance contract between the County and
Notification of Vacancies
The Board was notified of the following vacancies and these will appear on the next agenda for nominations:
2. Fletcher Planning Board-1 vac.
3. Solid Waste Advisory Committee-3 vac.
Chairman Moyer reminded the Board of the following vacancies and opened the floor to nominations:
1. Equalization and Review Board-2 vac.
Commissioner McGrady nominated Babs Kuykendall and William Farrell for reappointment to the Board. There were no other nominations. Chairman Moyer made the motion to appoint Babs Kuykendall and William Farrell by acclamation. All voted in favor and the motion carried.
2. Juvenile Crime Prevention Council–2 vac.
There were no nominations at this time so this item was rolled to the next meeting.
Chairman Moyer nominated Drew Brannon for reappointment to the Program. There were no other nominations. Chairman Moyer made the motion to appoint Drew Brannon by acclamation. All voted in favor and the motion carried.
4. Nursing/Adult Care Home Community Advisory Committee–7 vac.
Commissioner McGrady nominated Reva McClure for reappointment to Position #23 on the Committee. There were no other nominations. Chairman Moyer made the motion to appoint Reva McClure by acclamation. All voted in favor and the motion carried.
5. Recreation Advisory Committee-3 vac.
At the February 16th meeting the following nominations were made:
Position #3 – Terry Maybin and Frank Edney
Position #4 – Ralph King and Vince Calvert
Position #5 – Gary Eblen and Virginia Bailey
The vote was as follows:
Commissioner Baldwin – Edney, Calvert, Bailey
Commissioner McGrady – Maybin, King, Eblen
Chairman Moyer - Maybin, King, Eblen
Commissioner Messer - Maybin, King, Eblen
Commissioner Young – Maybin, Calvert, Bailey
Terry Maybin, Ralph King and Gary Eblen were re-appointed to the Committee.
Prior to the vote on the Recreation Advisory Committee, there was discussion regarding whether the Board should consider appointing individuals to Boards if they had not submitted an application for such. Commissioner Young made the motion that to allow individuals to be nominated for appointment to a Committee without having an application on file, but that they must have filed an application to be eligible for appointment. It was the consensus of the Board to have that motion apply to all future nominees. All voted in favor and the motion carried.
Historic Courthouse Corporation
George Jones gave a presentation regarding the plan to restore the Historic Courthouse. Several drawings were presented by Dr. Jones, depicting the four sides of the Courthouse as the Committee envisioned it being restored. He stated that the front of the Courthouse, the east side, does not need to be changed, just restored. The back of the Courthouse, the west side, was recommended to be restored with an addition. Through looking at a view of the south elevation, Dr. Jones pointed out the proposed location of elevators, restrooms, and office spaces. Dr. Jones requested support from the Board regarding the presented concept for the exterior of the Courthouse.
Commissioner McGrady stated that he agreed to the concept in general, but expressed concern about funding. The Courthouse depictions shown included the jail and annex being torn down, which could affect the federal monies planned for the project. Dr. Jones stated that he believed even if the jail was torn down using local funds, the rest of the money would still be eligible for renovations. Despite conversations staff had with Congressman Taylor’s office stating that would not be the case, Dr. Jones felt the money would be coming.
David Nicholson stated that through meetings with Rep. Charles Taylor’s
office, it was his understanding that if an object of “historical significance”
were torn down, we would no longer be eligible for the federal funding.
Commissioner Baldwin questioned how it was being determined that the old jail
was of “historical significance”.
Commissioner McGrady stated that his opinion was to go ahead with the bid process, and hope that Dr. Jones was correct that the project would still be funded. Commissioner Young questioned why the County should proceed, when all indications were that the grant would not allow for the demolition of the jail. David Nicholson stated that in his opinion, the Courthouse would never be able to be utilized if some sort of annex were not added to the back of the building.
Dr. Jones stated that what he was asking was whether the Board liked the plans he had presented. If so, then they will work out the cost and procedure. Chairman Moyer questioned if the Board moving forward with accepting bids to tear down the jail, and reserved working out the issues based on how much money is received, would be acceptable for Dr. Jones. Dr. Jones answered that there needed to be a conceptual plan in place before any details could be discussed. There followed discussion about the need to renovate the Courthouse for County Administration, when it might be more economically feasible to house County Administration in the future Human Services Building. Commissioner McGrady suggested that the Board move forward with the plan to renovate the Historic Courthouse, with the understanding that the Board will move forward if indeed it is economically feasible to do so. He discussed the reasons why he felt the Historic Courthouse should be renovated for use by some County offices. There followed much discussion, some heated, about the differences of opinion in proceeding with the jail demolition and what should be housed within that structure.
Commissioner Messer made the motion to continue with the removal and the bids on the old jail, and plan to do whatever is necessary at a future date to accommodate whatever is placed there. Chairman Moyer requested that he add to the motion that the Board will continue to work with the Courthouse Committee to try to work out the issues and preserve it to its original state. Commissioner Baldwin clarified that the Board was voting to accept the bids, but would still need to give final authorization as to the individuals chosen to do the actual demolition. Following some additional discussion regarding whether the funding was in place to demolish the jail, Chairman Moyer clarified that the motion was only with respect to going out for bids on the demolition of the jail, continuing to work with the Courthouse Committee to try to resolve the Federal funds issue and get better cost figures on the two alternatives for the renovation. Commissioner Baldwin stated that he did not hear Commissioner Messer amend his motion to accommodate what Chairman Moyer had just asked for. Commissioner Messer amended his motion to accommodate what Chairman Moyer had just stated. A vote was taken and the motion carried 4-1 with Commissioner Young voting nay.
Staff presented a resolution drafted by our bond counsel to the Board
of Commissioners for consideration concerning the proposed installment contract
financing for the
First, the resolution makes the necessary findings for the undertaking and authorizes the preparation of an installment purchase financing contract which will provide the funding for these two projects. Second, the resolution authorizes the Chairman and Staff to submit an application to the Local Government Commission for its required approval of the installment purchase financing contract. The resolution also authorizes staff to apply for municipal bond insurance with respect to the contract and approves the financing team necessary to complete the process. Last, the resolution calls for a required public hearing on the financing documents to be held on the Board of Commissioner’s March 23, 2005 meeting date at 11:00 a.m. and directs the Clerk to the Board to cause a notice of the public hearing to be published in the local newspaper.
Commissioner McGrady moved that the following resolution (the "Resolution"), a copy of which was made available to the Board and which was read by title:
RESOLUTION OF THE BOARD OF COMMISSIONERS
NOW THEREFORE, BE IT RESOLVED BY THE
BOARD OF COMMISSIONERS OF THE
Section 1. The Chairman of the Board, the County Manager, the Finance Director and the Clerk to the Board are hereby authorized and directed on behalf of the County to proceed with the preparation of the Contract providing for the financing of an amount not to exceed $26,000,000 (excluding reserves and costs of issuances) at an annual interest rate not to exceed 5.5% and a term not to exceed 20 years, and otherwise proceed with the plan of financing for the Facilities described at this meeting.
Section 2. The Chairman of the Board, the County Manager, the Finance Director and the Clerk to the Board are hereby authorized and directed to submit an application for the LGC's approval of the Contract pursuant to N.C.G.S. Section 160A-20 and Section 159-148, and to execute a sworn statement of debt of the County pursuant to N.C.G.S. Section 159-150, in connection with the financing of the Facilities.
Section 3. The County staff is hereby authorized to apply for municipal bond insurance with respect to the Contract.
Section 4. The financing team of LeBoeuf, Lamb, Greene & MacRae, L.L.P., as special counsel, BB&T Capital Markets, a division of Scott & Stringfellow, Inc. as underwriter, Robinson, Bradshaw & Hinson P.A., as underwriter's counsel, and First-Citizens Bank & Trust Company, as trustee, is approved.
Section 5. This Resolution shall become effective immediately upon its adoption and shall supersede any and all previous resolutions regarding the design, acquisition, construction, renovation and/or equipping of the Facilities on an installment financing basis.
Section 6. That a public hearing (the "Public Hearing") shall be conducted by the Board of Commissioners on March 23, 2005 at 11:00 a.m. in the Commissioners’ Meeting Room of the County Administration Building at 100 North King Street, Hendersonville, North Carolina, concerning the Contract, the Deed of Trust, the proposed design, acquisition, construction, renovation and/or equipping of the Facilities and any other transactions contemplated therein and associated therewith.
Section 7. The Clerk to the Board is hereby directed to cause a notice of the Public Hearing to be published once in a qualified newspaper of general circulation within the County on March 10, 2005.
On motion of Commissioner McGrady, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HENDERSON, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH" was duly adopted by the following vote:
AYES: Chairman Moyer, Commissioner Messer, Commissioner Baldwin, Commissioner Young, Commissioner McGrady.
Commissioner McGrady made the motion to set the required public hearing on the financing documents to be held on the Board of Commissioner’s March 23, 2005 meeting date at 11:00 a.m. All voted in favor and the motion carried.
Update on Pending Issues
David Nicholson stated that it was his understanding that the School
Board would be declaring the Tuxedo School Site as surplus at an upcoming
meeting, at which time the property would first be offered to the County. In
accordance with the Strategic Plan,
Commissioner Messer questioned whether the old building could be preserved and used for the needs of the community. David Nicholson stated that he believed to use the property to its fullest advantage, the existing structure would have to be torn down.
Katherine Taylor stated that the community had been in search of a recreation area, and hoped that the property could be utilized. It was her opinion that the existing structure would have to be torn down. Chairman Moyer stated that he agreed the property would be declared surplus, but no agreement had been reached regarding what the County would pay for it, if anything. However, he felt the issue would be worked out in some fashion.
DSS Staffing Request
Liston Smith was present presenting a request for one (1) additional
full-time worker and two (2) part-time workers to be increased to full-time. The
level of demand for Infant and Children Medicaid and Health Choice services for
children of working families continues to steadily increase. Since FY 2001/2002, Health Choice has
increased 102% and Infant and Children’s Medicaid 91%. Of
particular note is the 37% increase in mail-in applications over the previous
twelve months. 45% of all children in
Funds were available in the Social Services operating budget to cover the increased county cost ($7,394) through the remainder of this fiscal year. Additional county costs for next fiscal year would be $37,116. Staffing (one full time employee) for Health Choice had not increased since FY 2001/2002. Adjustments through workload reassignments/redistribution did not appear reasonable as an option. Significant levels of demand increases were being experienced in all assistance programs, especially Food Stamps.
David Nicholson had made a negative recommendation on the request, and Commissioner McGrady asked him to explain that recommendation. Mr. Nicholson stated that he did not argue with anything Mr. Smith had said, but his opinion was that issues with growth should be addressed as part of the budget process.
There was some discussion about where the available funds for the positions had come from.
Commissioner McGrady made the motion to authorize one (1) additional full time worker and increase two (2) additional part-time workers to full-time with the funds to be paid out of the remaining Social Services operating budget for this fiscal year. Following some discussion about the request being made out of the budget cycle and the clarification that the continuum of the positions would be dealt with in the next budget cycle, Commissioner McGrady restated his motion, stating “I have moved to authorize the Department of Social Services to hire one full time position and the upgrading of two part-time positions to full time positions”. The motion failed 2-3 with Commissioners McGrady and Messer voting aye.
Commissioner Young made the
motion to accept the positions for this budget cycle. The continuation of the
positions would be considered during budget deliberations for the coming year. There
followed much additional discussion, culminating in Commissioner Young
restating his motion stating “my motion
is to give him (Liston Smith) the authorization to take this money and use it
for temporary employees during this budget cycle whether he needs to increase
their hours or whatever.” Commissioner
PUBLIC HEARING - Rezoning Application R-04-05, I-2 to R-10, Hollabrook Farms, Inc., Applicant William M. Alexander, Jr., Applicant’s Agent
William Alexander requested that given the length of the public hearing, the Board proceed with the remainder of the agenda and hold the public hearing following the remaining items. It was the consensus of the Board to hold the Public Hearing as the last agenda item.
Public Health Department-Staff Request
The NC Division of Medical Assistance had offered to the Henderson County Department of Public Health funds of $33,879.62 per year to be used to hire a full-time Health Check Coordinator. This Health Department employee would be placed at the Medicaid Division of the Henderson County Department of Social Services to assist Medicaid recipients to assure that they are effectively utilizing Medicaid services while limiting use of the higher cost options, such as hospital emergency rooms. The Health Check Coordinator would work with patients of all medical providers and medical assistance agencies to assure appropriate services access. The total cost for the position annually would be $37,755.62 and would require a “local match” of $3,876.00 that would be provided by the Department of Social Services. The position needs to be filled by April 2005 in order to receive those funds; otherwise the offer will be made to another qualifying county. Following several questions for Mr. Bridges from the Board, Commissioner McGrady made the motion to authorize the position for a full-time Health Check Coordinator. All voted in favor and the motion carried.
Update on Pending Issues
Cemetery Advisory Committee Charter
Commissioner Baldwin noted that Strategy 1.11 of the Strategic Plan called for the Board to conduct an inventory of historic, culturally significant sites and structures as related to the cemetery issue. He questioned whether the Board wished to classify some cemeteries as historically significant, and if so, how that would be accomplished. He suggested revisiting the Charter for the existing Cemetery Advisory Committee to allow them to perform this function.
Commissioner Messer asked Russ Burrell his opinion of changing the
structure of the Charter and how private property would be affected. Mr.
Burrell stated that if the Board wished simply to classify cemeteries, that
would not affect private property rights. If that classification in some way
restricted use of land, the Board would have to start thinking about what type
restrictions could be applied without taking property. Commissioner Baldwin
Asheville-Buncombe-Henderson Regional Water Authority
Chairman Moyer updated the Board on the recent happenings with the
Authority. He had met with
It was Chairman Moyer’s position that to come up with an effective
resolution of the issue, the City of
A $1.5 to $2
million payment to
The City of
· Further movement would be toward some type of planning vehicle on a coordinated basis.
Through the gracious cooperation of the Mayors of
Mayor Niehoff addressed the Board on the idea of a Production Authority.
He noted that the idea had been discussed about ten years ago, but had not
worked out because of differences in opinion over ozoneation of water.
There was some discussion about the source of the water. Mayor Niehoff
stated that ten years ago, the State had authorized a combined draw of 25
million gallons per day from the
Following additional discussion about how the provision of water would affect annexations, future growth within the County, the water rates being charged in the region, Commissioner McGrady made the motion to authorize Chairman Moyer to continue discussions with the City of Hendersonville, the City of Asheville and Buncombe County if they reconsider their position consistent with the broad outline of an agreement as discussed tonight. All voted in favor and the motion carried.
Commissioner Young deferred discussion on facilities to an additional meeting.
Airport Property Issue
David Nicholson stated that he had not received a formal response to a letter sent to the Airport Authority based on discussions at a previous meeting. However, a meeting had been scheduled for the coming week between the Chair and Vice-Chair of the Board of Commissioners and the Airport Authority. Chairman Moyer stated that he would proceed in that meeting based on the Board’s previous discussion, pursuing a full voting seat on the Authority and payment in lieu of taxes for properties purchased by the Airport Authority.
Legislative Conference Update
Commissioner Messer updated the Board on a Resolution in support of a County-wide Local Optional Education Lottery. 25 counties would have the option to take a lottery to the legislature for a vote. If passed, those 25 counties would receive 25% of the revenue brought into that county, with the other 75% going back to the State. There had been discussion about why the proposal was for only 25 counties, and Commissioner Messer expected that there would be a lot more discussion in the future, especially in light of the State’s $1.2 billion shortfall.
Commissioner McGrady clarified that this was just a House bill that had been introduced. The Resolution in support of a local option lottery was passed by the NCACC. It had no force of law, but having taken a position, the NCACC had requested that Boards adopt a Resolution in support of a local option lottery. Chairman Moyer agreed it had no force of law, but did have the force of policy for the Association. Chairman Moyer further stated that he would not place this on a future agenda unless requested to do so by another Board member.
Commissioner McGrady reminded the Board that there was a meeting scheduled on March 21st for the US 25 North Zoning study area. He did not feel that the current zoning ordinance was adequate to the task of this rezoning. The Planning Board, when suggesting certain zonings, had acknowledged that the area would need to be rezoned following adoption of the new ordinance. Since the County was due to rewrite the zoning ordinance in the calendar year, he suggested postponing the March 21st meeting, and asking the Planning Board and Staff to move forward as quickly as possible on the zoning ordinance rewrite.
Karen Smith stated that she planned to roll any existing land development related regulation into the planned land development code. Ordinances scheduled to be written in the future would be incorporated upon their adoption. She anticipated having a draft on the new ordinance to the Board by late fall. Commissioner Messer questioned how the DOT’s timeframe for completion of Hwy. 25 would coordinate with the proposed code. Ms. Smith believed the road construction was planned to conclude in fall, 2006 and the time frames might begin to coincide a bit more.
There was discussion about the various things that could happen within
the study area were the hearing postponed as suggested. Commissioner McGrady
stated that if there were a serious concern that requests for rezoning in the
area would begin flowing in, he would offer a motion to suggest the Board put
in place a moratorium on re-zonings within the study area until the topic was
revisited. Commissioner McGrady made the motion to indefinitely postpone the hearing
David Nicholson stated that there were two issues present. The first
was that the Board could set a policy not to review any re-zoning requests. If
the Board wished to enact a formal moratorium, they would need to hold a public
hearing and enact an Ordinance. Commissioner
McGrady made the motion to direct staff to come back to the Board after
consultation with the Planning Board, with dates and language for a moratorium in
Commissioner McGrady made the motion to use that process. Commissioner Baldwin clarified that Commissioner McGrady was only requesting no re-zonings be permitted, not that no permits be issued. Given the amount of land in that area currently zoned open use, Commissioner Baldwin requested Commissioner McGrady amend his motion. He questioned whether the County issues certificates of zoning compliance. Karen Smith answered that initial zoning permits were issued. He requested Commissioner McGrady amend his motion to basically place a moratorium on the issuance of zoning permits during the duration.
Following additional discussion, Commissioner McGrady withdrew his motion, and requested staff come back with a series of options allowing the Board to create a moratorium on a range of possible zoning changes, and a range of activities that would currently be permitted in the Open Use areas.
The Board took a brief technical break.
Following the break, Commissioner Baldwin expressed concern that once the word got out that the Board was considering a moratorium, the Planning Department would be inundated issuing permits until the effective date of the moratorium. He suggested placing a stay on issuing the permits necessary to move forward with development for a minimum of four weeks or until such time as the moratorium takes effect. Russ Burrell stated that he felt there were ways in which the Board could do that, and requested the Board allow him to do some research on the subject during the public hearing. Chairman Moyer requested Mr. Burrell proceed with that research and report back to the Board following the close of the public hearing.
PUBLIC HEARING - Rezoning Application R-04-05, I-2 to R-10, Hollabrook Farms, Inc., Applicant William M. Alexander, Jr., Applicant’s Agent
Commissioner McGrady made the motion to go into Public Hearing. All voted in favor and the motion carried.
Autumn Radcliff stated that
rezoning application #R-04-05, which was submitted on December 20, 2004
requested that the County rezone a 106.57 parcel of land, located off
The property was unzoned until May 16, 2001, when it was zoned Open Use by the Commissioners. In 2002, Hollabrook Farms applied to rezone the property, as well as the balance of the original tract, to the I-2 designation. That application was favorably received, and the property was rezoned I-2.
Ms. Radcliff then reviewed the Planning Department’s Staff Report. That detailed discussion covered the location, current zoning, a comparison of the districts, adjacent uses, utilities/infrastructure, the previous rezoning request, the subject area as it related to the 2020 County Comprehensive Plan, Staff comments and recommendations and Planning Board recommendations.
With regard to the Planning Board recommendations, the Henderson County Planning Board first considered rezoning application #R-04-05 at its regularly scheduled meeting on Tuesday, January 18, 2005, at which time the Board took the following actions:
1. Voted three to three (3-3) on a motion to send the Board of Commissioners an unfavorable recommendation on rezoning the Subject Area to an R-10 district. Motion failed.
2. Voted four to two (4-2) on a motion to send the Board of Commissioners a favorable recommendation on rezoning the Subject Area to an R-10 district. Motion passed.
With regard to the Staff comments and recommendations:
Before taking action on the application, the Board of Commissioners must hold a public hearing. In accordance with Section 200-76 of the Henderson County Zoning Ordinance and State Law, notices of the March 9, 2005 public hearing regarding rezoning application #R-04-05 were published in the Hendersonville Times-News on February 23, 2005 and March 2, 2005. The Planning Department sent notices of the hearing via first class mail to the applicants and owners of properties adjacent to the Subject Area on February 25, 2005. Planning Staff posted signs advertising the hearing on the Subject Area on February 25, 2005.
1. William Alexander – Mr. Alexander requested he be allowed to give input following the other speakers. He also stated that he had an affidavit from Myra Wood to present as a part of his presentation.
3. Billy Johnston – Mr. Johnston stated that he was a landowner of a parcel on the south side of Butler Bridge Road, and was representing Tap Root Dairy on the north side of Butler Bridge Road. He had no opposition to the rezoning request. He stated that he was a fourth generation dairy farmer, and understood the difficulties of putting back money for retirement. He felt that it was wrong for the public or the government to force anyone to hold property for an industrial use.
4. Jeff Young – Expressed his concern about the proposed rezoning. All signs pointed toward the land in question being ideally suited for industrial development. A new sewer line was almost ready for use, and he felt that would help promote business. He felt the wrong message would be sent to industry if the use was changed to residential, and if the rezoning occurred there would be no turning back to possible industrial use. He requested the Board maintain the current industrial zoning designation. Mr. Young answered several questions from the Board.
5. William Alexander – Mr. Alexander distributed a packet of handouts to the Board. He stated his appreciation for both Planning Director Karen Smith, and the Henderson County Chamber of Commerce’s Partnership for Economic Development. He clarified a point made by Ms. Radcliff, stating that the property had actually been on the market as industrial property for 13 years, not three.
He reminded the Board that in 2000, Karen Smith had been commissioned to perform the Mills River/Fletcher Land Use Study. She had presented that Study to the Board on March 21, 2001. Mr. Alexander identified the following points he felt were relevant to that study:
· Staff had recommended adequate infrastructure be provided before growth occurs.
· Land should be reserved for high-density residential, commercial and industrial development where public water and sewer are provided.
· It is important to provide appropriate opportunities for commercial and residential growth in the study area.
· The goal of the study was to provide a roadmap which would lead to the application of land use regulation in each area of the County in a manner which will balance private interest with community interest, manage growth, guide development and regulate density as necessary in each area.
Mr. Alexander then discussed
the growth projections sited in the study versus the actual growth that had
been realized in the County since the study was completed. The Study quoted the
then current statistics on projected population increases for
Mr. Alexander noted that in
2001, there were 12 stand alone industrial sites available for sale in
Mr. Alexander continued to discuss specific aspects of the growth projections. He noted that the percentage of our population over age 60 was growing at a rate far in excess of the overall population growth rate, increasing the needs in the County for services of all types, and hastening the transition of our local economy from an industrial based economy to a services based economy. He also discussed the number of building permits and average dwelling costs currently being experienced in the County, and how the availability and cost of housing was an additional factor in attracting industry to the County.
Mr. Alexander requested the Board consider the application in light of the overall 2020 CCP’s economic development strategy. By adopting the 2020 plan, the Board acknowledged that they should support the results of the 2001 Lockwood Greene study. That study focused specifically on economic development from the industrial standpoint, making it incumbent upon the Board to keep the balanced vision of the county’s overall economy. Changes in the economic environment were due to the events of September 11th, the increase in the overall population of the County and specifically the predominance of retired residents, and the closure of multiple industries on a regional and county level. In fact, Mr. Alexander noted that the President of the Partnership for Economic Development had stated that the focus should be on retention of industry as opposed to development.
The Lockwood Greens study also noted that it was necessary to explore options to increase the supply of affordable housing. Housing costs were identified as a weakness to the County’s appeal to new and expanding employers. Additionally, the CCP had multiple sections addressing the need for higher density housing. Mr. Alexander stated that granting the rezoning application would support the strategic policy of the CCP by helping to satisfy the needed element of affordable housing. He continued discussion of the attributes of the property that made it suitable for high density residential development and how that type of development actually promotes green spaces.
Commissioner Baldwin questioned with whom the property was under contract. Mr. Alexander stated that it was under contract with Windsor Aughtry.
Karen Smith noted for the record that many of the statistics cited by Mr. Alexander were accounted for in the 2020 CCP, which did update the 2001 Mills River Study. Commissioner Messer clarified that the last vote that came from the Planning Board on the rezoning, was a 4-2 favorable recommendation. Commissioner Baldwin noted that the Committee of 100 had reversed their position on the issue, but questioned whether they had taken a neutral position or were actually supporting the rezoning. Mr. Alexander stated that to be accurate, as he heard the decision reported, “their decision was not to op, to withdraw their opposition, not to oppose the application.”
Commissioner McGrady made the motion to go out of Public Hearing. All voted in favor and the motion carried.
Commissioner McGrady stated that had he been asked to vote on this previously, he probably would have voted to deny the application. However, he felt Mr. Alexander had provided evidence that there had been changes in existing conditions to justify granting the proposed rezoning. Additionally, he felt the change in the Partnership for Economic Development’s position was important, in that they were not opposing the rezoning.
Commissioner Baldwin stated that Mr. Alexander’s presentation had reminded him that planning does not occur in a static environment, things are always changing. However, he was not ready to give up on the possibility of the site being used for industrial development.
Commissioner Messer made the motion to rezone application #R-04-05, from I-2 to R-10 for Hollabrook Farms, Inc. Following additional comments from Chairman Moyer concerning the need for both industrial sites as well as affordable housing, a vote was taken on the motion. The motion carried 3-2 with Commissioner Young and Commissioner Baldwin voting in opposition.
IMPORTANT DATES - continued
Russ Burrell suggested the following to enact a temporary moratorium on new construction or zoning compliance permits within the US Highway 25 North zoning study area. “The Board finds it necessary for the protection of public health, safety and welfare to order the complete but temporary cessation of the granting of new construction or zoning compliance permits, and in the allowing of other changes in the currently allowed land uses in the US Highway 25 North zoning study area. Pending this order this Board’s consideration of a possible moratorium on rezoning and other issues in such area, and the adoption of a new comprehensive Land Development Ordinance in the County, the Board would need to find that a moratorium as ultimately adopted by this Board will likely not be as restrictive as a temporary complete cessation ordered in this order. But given that the required process is for drafting, for Planning Board approval, for Public Hearing and for the adoption of a formal moratorium, a permit crisis in the absence of such an order would occur whereby land owners and others in the study area would see permits for uses inconsistent with those uses ultimately deemed to be consistent with the health, safety and welfare of the County as a whole by this Board. The establishment of a temporary complete cessation is a necessary and proper exercise of the police power by the Board to prevent a crisis and to protect the health, safety and welfare. I would suggest that the Board hereby order no construction, zoning compliance permits or other governmental approvals or permits which would allow changes in the currently permitted land uses for an application which has not yet been filed by the close of business of today be allowed in the Highway 25 North zoning study area. The provisions of this order dealing with construction permits, zoning compliance permits and other government approvals and permits would be deemed severable. The order will remain in effect until consideration by this Board of a moratorium on rezoning and other land uses in the Highway 25 North zoning study area. But in any event this order would expire by the close of this Board’s meeting on 4, April, 2005.”
He further recommended the Board set a Public Hearing on such a moratorium for 4, April, 2005. That would give staff time to come back to the Board at the mid-month March meeting with a proposed moratorium that would also be reviewed by the Planning Board. Commissioner McGrady moved the above, with the addition of the findings of fact stated in the motion. He then moved the public hearing if the moratorium was approved. The motion carried 4-1 with Commissioner Young voting in opposition.
Commissioner McGrady made the motion to set the Public Hearing for the April 4, 2005 at 7:00pm. All voted in favor and the motion carried.
CANE CREEK WATER & SEWER DISTRICT – no business
CLOSED SESSION – none
Commissioner McGrady made the motion to adjourn the meeting at 10:30. All voted in favor and the motion carried.
Amy R. Brantley, Deputy Clerk to the Board William L. Moyer, Chairman