The Henderson County
Board of Commissioners met for a regularly scheduled meeting at in the Commissioners'
Conference Room of the
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 Justin Hembree, Acting County Attorney Russell Burrell, and Clerk to the Board Elizabeth W. Corn.
Also present were: Planning Director Karen C. Smith, Budget and Management Director Selena Coffey, Public Information Officer Chris S. Coulson, Fire Marshal Rocky Hyder, County Engineer Gary Tweed, Finance Director J. Carey McLelland, and Planners Lori Sand and Matt Cable. Deputy Clerk to the Board Amy Brantley was present through nominations.
CALL TO ORDER/WELCOME
Chairman Moyer called the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Chairman Moyer led the Pledge of Allegiance to the American Flag.
David Nicholson gave the invocation.
INFORMAL PUBLIC COMMENTS
There were none.
DISCUSSION/ADJUSTMENT OF AGENDA
David Nicholson requested that Consent Item “J” be moved to Important Dates. Chairman Moyer made the motion for the Board to approve the agenda with that change. All voted in favor and the motion carried.
Commissioner McGrady made the motion to approve the consent
agenda, with the exception of item “J – Subdivision Ordinance Variance,
The Consent Agenda now consisted of the following:
Draft minutes were presented for the Board’s review and approval of the following meeting(s):
Tax Collector’s Report
Terry F. Lyda, Henderson
County Tax Collector, had provided the Tax Collectors Report dated
A list of 18 tax release
requests was presented by the
A list of 9 tax refund
requests was presented by the
A list of 15 tax
discovery requests was presented by the
Each fiscal year, the Criminal Justice Partnership Program (CJPP) grant application is placed on the Board of Commissioners’ agenda for review. There are no County funds required for this grant. The grant provides funding for substance abuse treatment to sentenced offenders and the County’s Pre-Trial Release Program.
The grant application
has been approved by the CJPP Advisory Board and must be submitted to the
Division of Community Corrections by
Staff requested that the
Board approve the CJPP grant application as provided and authorize the
WCCA Community Services Block Grant
Staff had provided a copy
of WCCA’s FY 2005 Community Services Block Grant Application to the NC
Department of Health and Human Services in the amount of $186,489 (no county
funding). The application was approved by the WCCA Board of Directors on
HIPAA Security Policies
Federal law requires all medical care providers to be subject to the “Administrative Simplification” provisions of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, known colloquially as “HIPAA”). In 2002 this Board elected “hybrid entity” status under HIPAA (only those units of Henderson County government which actually fall under HIPAA’s reach are required to meet its requirements, rather than all of County government), and in 2003 this Board adopted privacy policies as required by HIPAA. HIPAA now requires adoption of policies addressing electronic data security.
The proposed policies
and proposed resolution adopting the policies are intended to allow
2005 HOME Program Allocations
This board action is to
inform the Board of Commissioners that
This year’s allocations process was somewhat difficult, as the Consortium had applications totaling approximately $2.2 million and HOME funds of only $1.4 million. Therefore, the Board had to make some difficult decisions regarding some excellent projects across the region.
This item was for information purposes only – no action was required.
Contract, former City Water Department building
Pursuant to the Board of
Commissioner’s direction at its January 3 meeting,
Under the terms of the
option agreement, both the County and the City were to obtain appraisals for
the property and the average of the two appraisal prices is to be the purchase
price. The appraisal obtained by the
County indicated a value for the real estate of $782,100.00, and the appraisal
obtained by the City indicated a value for the real estate of $851,000.00. The average of the two figures is
$816,550.00. The proposed contract
indicates that amount. (Both the
County-obtained and City-obtained entire appraisals are available for
inspection in the
The Board was presented
a proposed Agreement with Mr. and Mrs. William Harper, who own the real estate
adjoining that owned by the County which is the site for the future
The settlement of this
matter was discussed by the Board with its attorney in closed session on
Amy Brantley is working
on the draft minutes of the
Notification of Vacancies
The Board was notified of the following vacancies which will appear on the next agenda for nominations:
1. Environmental Advisory Committee – 1 vac.
Chairman Moyer reminded the Board of the following vacancies and opened the floor to nominations:
Amy Brantley explained to the Board that all the positions will become vacant later this month. She sent letters to all twenty members, asking if they wished to be reappointed to the committee. She has heard from all those people and everyone except for Mr. Nicholson in position #8, Greg Garland in position #13, and Bob Goodwin in position # 15 would like to be reappointed.
David Nicholson has recommended Rocky Hyder serve in position #8 as the County Government Official representative.
Terry Layne has recommended that Rhonda Brissie serve in his place in position #13.
Bob Goodwin has recommended Gayle Sams serve in the Pardee Hospital Administration slot in position #15.
Frank Simpson has indicated he is unable to serve another term. Per Terry Layne, this position can be eliminated as Jay Alley is serving as the BRCC EMS Educator. (position #20)
Ms. Brantley informed the Board that we did not have an application on file yet for Gayle Sams. It has been e-mailed to her and Ms. Brantley asked that she send it back as soon as possible.
Commissioner Messer made the motion to approve all these persons except for position #15. All voted in favor and the motion carried.
Commissioner Baldwin made the motion to eliminate position #20. All voted in favor and the motion carried.
2. Fletcher Planning Board – 1 vac.
Commissioner Messer nominated Dewayne Jones. There were no other nominees. Chairman Moyer made the motion to accept Mr. Jones by acclamation. All voted in favor and the motion carried.
3. Juvenile Crime Prevention Council – 2 vac.
There were no nominations at this time so this item was rolled to the next meeting.
4. Nursing/Adult Care Home Community Advisory Committee – 6 vac.
There are six vacancies but only two that the Board can act on at this time. For position #7, Joy Davenport has indicated that she is willing to continue to serve. For position # 21, Leca Harris has indicated that she is willing to continue to serve, if reappointed.
Commissioner McGrady moved the reappointment of both Joy Davenport and Leca Harris. There were no other nominees. A vote was taken and the motion carried.
5. Solid Waste Advisory Committee – 3 vac.
James Phelps in position #2 and Emily Anderson in position #5 have both indicated a willingness to continue to serve, if nominated.
Commissioner McGrady moved the reappointment of Mr. Phelps and Ms. Anderson. There were no other nominees. All voted in favor and the motion carried.
Commissioner McGrady moved the nomination of Tom McCullough for the vacant position (#9). He will submit an application between now and the next meeting.
recognized Sheriff George Erwin to present this item regarding a potential
On November 24, the Mills River Town Council unanimously approved a measure that would lead to the hiring of a new Sheriff’s Deputy.
Captain Davis explained that the Town of Mills River is interested in entering into a contract with the Sheriff’s Department to provide law enforcement services within its municipal limits. The Town has agreed to pay all costs (personnel, training, and equipment) associated with one full-time patrol officer. The Town is interested in entering into a three-year contract with the Sheriff’s Department.
1. Establish a new deputy position within the Sheriff’s Department to serve as the Town of Mills River’s patrol officer and
2. Authorize the Sheriff to enter into a three-year contract with the Town of Mills River to provide law enforcement services through one patrol officer with the understanding that the Town of Mills River will pay the County for all costs (personnel, training, and equipment) associated with the patrol officer.
Commissioner Messer made the motion to hire a new deputy position within the Sheriff’s Department to serve the Town of Mills River and to authorize the Sheriff to enter into a three-year contract with the Town of Mills River to provide law enforcement services through one patrol officer with the understanding that the Town of Mills River will pay the County for all costs (personnel, training, and equipment) associated with the patrol officer. All voted in favor and the motion carried.
This draft ordinance is
in furtherance of the order ceasing the granting of land use permits of all
sorts in the US 25 North zoning study area pending adoption of a limited
moratorium ordinance. A required
procedure for this type ordinance is its referral to the Planning Board for
review and recommendations prior to Commissioner consideration. The Board has already scheduled a public hearing
on the review of this moratorium ordinance (in some form) for the
This resolution refers
the draft ordinance to the Planning Board and requests their response in
advance of the
Russ Burrell presented
this item. He and Karen Smith answered questions. The
Commissioner McGrady made the motion to refer this draft
ordinance to the Planning Board for consideration prior to our next meeting (
Discussion followed. A vote was taken and the motion carried unanimously.
DRAFT FLOOD DAMAGE PREVENTION ORDINANCE
Karen Smith reminded the
Board that through the public input process of the Henderson County 2020
Comprehensive Plan (CCP) development, water quality, air quality, floodplain
protection, and protection of scenic views and mountain areas all ranked very
high in importance. Based on this public
input and other factors influencing growth in
Rocky Hyder began review of the Power Point presentation on this issue, a copy of which is attached as a part of these minutes. Karen Smith picked back up with the things included in the Comprehensive Plan and other studies that the Planning Department has completed (part of the Power Point presentation).
Floodplain management is critical to flood minimization as the county continues to grow. Natural floodplains that are amply vegetated and clear of manmade obstructions serve an important role by allowing floodwaters to spread across their extent. This spreading action, coupled with the friction provided by vegetation, reduces the velocity and force of floodwaters and allows the floodplain to absorb some of the volume. Floodplains also provide valuable wildlife habitat and are necessary for the protection of water quality. Furthermore, floodplain lands are often productive agricultural areas that play an extremely important role in the agricultural component of the county’s economy, and their protection would further the recommendations of the Agriculture Element of the CCP.
In addition to public
sentiment, floodplain management is critical due to recent changes in
According to the
Multi-Jurisdictional Hazard Mitigation Plan, flooding has repetitively affected
the unincorporated areas of
1. Encourage County participation in the National Flood Insurance Program and subsequent participation in the Community Rating System Program.
The NFIP provides flood insurance to individuals in communities that are members of the program. Membership in the program is contingent on the community adopting and enforcing floodplain management and development regulations. Part of the NFIP is the Community Rating System (CRS), a program that adjusts flood insurance premiums in relation to a community’s investment in flood damage mitigation. To be included in the system, a community’s floodplain management procedures must be reported and evaluated. There are ten classes within the CRS system, with 1 providing the greatest premium reduction and 10 providing no reduction.
The recommendations from the Comprehensive Plan and the Hazard Mitigation Plan echo earlier recommendations of the 1993 Comprehensive Land Use Plan and the Mills River/Fletcher Area Land Use Study. Additionally, the Board of Commissioners’ 2005 Strategic Plan, Strategy 1.7, Action Step 1, lists the adoption of a Flood Hazard Prevention Ordinance as an action to be completed in FY 04 -05.
As a result of prior discussions by the Board of Commissioners and in order to implement the goals and recommendations in these previously mentioned plans, the Henderson County Flood Damage Prevention Ordinance has been drafted and was submitted to the Board of Commissioners for review and adoption. A summary of the ordinance was attached as a separate memo.
David Nicholson recommended that the Board determine if it wants to hold a workshop, refer the draft ordinance to other boards, committees and groups for comment and/or consider if it wants to set a public hearing date to initiate the adoption process for the Henderson County Flood Damage Prevention Ordinance.
The proposed Flood Damage Prevention Ordinance is more stringent than the minimum FEMA standards. The most significant difference is that according to FEMA standards communities are allowed to permit development in floodplains in the A zones and B zones provided they elevate, floodproof and do other things such as that but we have limited what uses would be allowed in those A and B zones.
Currently the ordinance would be administered through the Planning Department. If the Board develops a Department of Inspections and Permitting, it would be enforced through that department.
Karen Smith recommended that the Board refer this item to the Planning Board. The Board is not required to do so, because it is under our Police Power currently instead of under Zoning.
Commissioner McGrady made the motion to refer this draft ordinance to the Planning Board and Agriculture Advisory Board for comment and that the Board set a public hearing for Monday, May 2 at and to authorize Karen Smith to also send this to any other Boards that might be affected by the ordinance. All voted in favor and the motion carried.
PROPOSED COMPREHENSIVE PLAN AMENDMENT PROCESS
Karen Smith reminded the
Board that at their February 18 meeting the Board had asked staff to propose a
process for amending the Henderson County Comprehensive Plan. Establishing a Comprehensive Plan amendment
process is critical in order to maintain the integrity of the CCP and its
successive Small Area Plans. Staff
conducted research regarding plan amendment processes in
The draft process addresses amendment types, those parties who may initiate each type of amendment, and includes interim, five-year and annual review and amendment schedules and procedures. The amendment types identified, the permitted parties that may initiate them, and the schedule to be followed are as follows:
amendments, which change the meaning or intent of the plan, may be initiated
by: (1) the Board of Commissioners for consideration during the interim,
five-year and annual review periods or at any time outside of the annual review
period; or (2) the
amendments, which correct errors of a technical or clerical nature, may be
submitted to the Planning Director by the Board of Commissioners,
As a result of prior discussions by the Board of Commissioners and in order to maintain the integrity of the Comprehensive Plan and successive Small Area Plans, the Henderson County Comprehensive Plan Amendment Process had been drafted and was submitted to the Board of Commissioners for consideration.
David Nicholson recommended that the Board adopt the proposed Henderson County Comprehensive Plan Amendment Process by approving the prepared draft resolution.
Discussion followed. It was suggested that some wording be deleted from the next to the last paragraph on the last page of the draft “Henderson County Comprehensive Plan Amendment Process”. The wording to be deleted was “after the completion of the last Small Area Plan”.
Chairman Moyer made the motion to adopt the proposed Comprehensive Plan Amendment Process with the suggested change on the last page as well as adopt the resolution. All voted in favor and the motion carried.
Rocky Hyder reviewed three issues with the Board concerning animal services:
#1. Staff requested comment and consideration of the prepared amendment to the Animal Ordinance (Chapter 66-A, Henderson County Code) establishing guidelines and permit requirements for Kennels and Catteries.
#2. A civil penalty fee schedule was attached for the Board’s consideration and required formal adoption by the Board to be utilized.
Commissioner McGrady made the motion to adopt the amendment as proposed regarding kennels
and catteries as well as the proposed fee schedule. All voted in favor and the motion carried.
#3. Staff also requested the Board consider tasking the Animal Services Committee with development of Animal Ordinance amendments regarding Exotic Animals, Security Dogs and Animal Restraint.
Commissioner McGrady made the motion to task the Animal Services Committee with these three items,
as proposed. Commissioner McGrady clarified that the Board is not telling the Committee to come
forward with an Animal Restraint yet, just tasking with that if they determine that there is that need.
A vote was taken and the motion carried unanimously.
FINANCIAL MANAGEMENT POLICIES
Carey McLelland informed the Board that as part of the County’s 2005 Strategic Plan, Goal #3, Strategies 3.1 and 3.2, Staff had prepared two financial management policies for the Board’s consideration and approval.
The first policy deals
with the County’s General Fund Balance Reserves and the minimum and desired
levels that should be available for appropriation in a fiscal year. This policy also discusses what reserves
should be used for and the budgetary/financial options available to maintain
available fund balance at desired levels.
As a part of this policy, the
The second is a Debt Management Policy to be used as a guideline in managing future debt issuances by the County. It addresses areas such as the purpose and different types of debt that may be issued, maximum debt levels, investment of financing proceeds, bond rating agencies, arbitrage and disclosure requirements, enterprise fund debt, capital project funds and the County’s Capital Improvement Plan.
Staff requested the Board’s consideration and approval of these very important financial management policies, with any necessary changes, to serve as guidelines during the budget process and future debt issuance decision-making.
Since these two important financial management policies are part of the Board’s 2005 Strategic Plan, Mr. Nicholson recommended that the Board approve them at this time.
Following much discussion, Commissioner Baldwin made the motion that the Board adopt both policies as presented. A vote was taken and the motion passed unanimously.
Chairman Moyer made the motion that he would like to see staff come back with a specific plan of how to get our fund balance up to 12% and a recommended time frame for that, presented by the mid-month April meeting. All voted in favor and the motion carried.
Selena Coffey distributed copies of the Manager’s Monthly Report.
Mr. Nicholson encouraged the Board to look at this monthly report at their convenience, stating that he and staff would be available to answer any questions the Board might have. He mentioned the following:
The City Council will approve it at their meeting of April 6 or 7. We had no citizen comments at the Planning Board level for the project.
Some of the
Commissioners expressed favor with the new way the
UPDATE ON PENDING ISSUES
Facilities – Commissioner Young
Commissioner Young wanted an opportunity for some discussion regarding County facilities. He mentioned the issue of renovating the Historic Courthouse to be a county office building, stressing that Dr. Jones came to the last Commissioner’s meeting recommending tearing down the courthouse annexes and rebuild them which adds drastically to the cost of the renovation of the courthouse. He suggested that we keep County Administration in this building, renovate the building to the tune of about a half million dollars to bring the Sheriff and his department in and give the Courthouse Committee the amount of funding ($2.5 - $3 million) along with the grants and funds they can achieve to renovate the Historic Courthouse for non-profits for a museum/landmark type structure. He also offered several other suggestions for other departments/groups.
Chairman Moyer reminded Commissioner Young that the Board had already been over all this information previously. The Board has adopted a Strategic Plan for the next two years which lays all these issues out. He stated that the Board could not keep hashing over these issues or they would never get anything done. The Board needs to move forward with these projects.
Sheriff Erwin was in attendance and he came forward and reminded the Board that he had submitted a Facility Plan years ago when Bill Blalock was in charge of that project. He stated that they more than justified occupying this entire facility.
LGCCA meeting update
Chairman Moyer had decided not to give an update at this time.
Chairman Moyer stated
that he and Commissioner Young are screening the applications for the
The Board took a brief technical break, to change videotapes.
PUBLIC HEARING – Draft Financing Documents
Proposed to Finance the Cost of Construction of a New
Commissioner McGrady made the motion for the Board to go into Public Hearing. All voted in favor and the motion carried.
Carey McLelland reminded
the Board that a public hearing to hear comments on the financing documents is
required by the State of
This proposed financing is considered Installment Contract Financing; therefore, we must hold a public hearing to take public comments on the financing documents, specifically that have been drafted by our bond council. A full set of the draft documents was presented for Board review.
There were none.
Carey McLelland stated that he would be bringing back the final documents to the Board for approval at the April 4 meeting.
Chairman Moyer made the motion to close the public hearing. All voted in favor and the motion carried.
Lunch – Joint meeting with the Chamber of Commerce
Chairman Moyer informed
the Board of a request from the Chamber of Commerce to have a joint luncheon
meeting at on
Commissioner Messer made the motion to set that special called meeting for March 31 at All voted in favor and the motion carried.
Subdivision ordinance variance,
The Henderson County
Planning Board has considered the granting of a variance under the Subdivision
Ordinance for certain standards for the
Commissioner McGrady made the motion to set the public hearing for April 20 at All voted in favor and the motion carried.
Reschedule Quasi-Judicial Public Hearing on
Karen Smith reminded the
Board that Mr. Harold K. Timmons, agent for Pegasus Tower Company, submitted an
application for a variance (application #CTV-05-01) from Henderson County
Communications Tower Ordinance Section 81-6B(2)(a), Easement Acquisition
Documents. The variance application was
The Board of
Commissioners previously scheduled a required quasi-judicial hearing on the
variance application for
Chairman Moyer made the motion to set this Quasi-Judicial Proceeding for April 4 at All voted in favor and the motion carried.
CANE CREEK WATER & SEWER DISTRICT – no business
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)(4) To discuss matters relating to the location or expansion of industries or
other businesses in the area served by the public body.
All voted in favor and the motion carried.
Chairman Moyer adjourned the meeting at
Elizabeth W. Corn, Clerk to the Board William L. Moyer, Chairman