The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 9:00 a.m. 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, 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, Finance Director J. Carey McLelland and Paralegal Connie Rayfield.
Absent was: Deputy Clerk to the Board Amy Brantley.
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.
David Nicholson gave the invocation.
INFORMAL PUBLIC COMMENTS
There were none.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer announced
that at 2:00 the groundbreaking ceremony for the
Commissioner McGrady had suggested the Board defer action on Nominations until the next meeting, due to the absence of the Deputy Clerk.
Chairman Moyer added a Discussion Item to be discussed first – Courthouse Architect Process. He also stated that several items would be added for discussion in Closed Session.
Commissioner McGrady requested the May 2nd minutes be pulled from the Consent Agenda for revision.
Commissioner McGrady made the motion to adopt the agenda as amended by the Chairman. All voted in favor and the motion carried.
Commissioner McGrady made the motion to adopt the Consent Agenda with the exception of the May 2, 2005 minutes. 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:
· January 19, 2005 - regular meeting
· February 9, 2005 – special called meeting
· February 16, 2005 – regular meeting
Tax Collector’s Report
Terry F. Lyda, Henderson County Tax Collector, had provided the Tax Collectors Report dated May 16, 2005 for the Board’s information.
Destruction of audio tapes of past Board meetings
At the Board of Commissioners’ 4 August 1997 meeting, a motion was passed which required audio tapes of Board of Commissioners meetings to be retained for a period of one year before destruction. The minutes of that meeting also included the following:
“Commissioner Kumor suggested that the Clerk keep the tapes for one year but also keep a record of anyone who asks for the tapes during that time. If no one needs to listen to the tapes then there may not be a need to keep them for a year. It was the consensus of the Board to revisit this policy in one year.”
This policy has not been revisited by the Board since 4 August 1997. Your Clerk reports that since 4 August 1997, there have been zero (0) requests to review any audio tapes of Board of Commissioners meetings.
Pursuant to the Records Retention and Disposition Schedule (
A list of 39 tax release
requests was presented by the
A list of 5 tax refund
requests was presented by the
A list of 7 tax
discovery requests was presented by the
The following recognitions/awards had been received by County Departments and/or employees. The Board of Commissioners had asked that these be included on the agenda for special recognition of our departments’ and employees’ achievements:
· Natalie Berry, Zoning Administrator: N. C. State Government State Coordinator’s Award presented For Reducing Potential Flood Losses Through Community Service in Floodplain Management
The Western Highlands Network Area Authority is currently conducting a search for a new Executive Director. A resolution was presented for the Board’s consideration which waives the Board’s authority to approve the appointment of the Executive Director provided that the appointment is approved by no less than 75% of the Western Highlands Board of Directors.
A similar resolution was adopted as part of the last hiring process for Western Highland’s Executive Director. It was also noted that Commissioner Messer is serving on the Search Committee that will make a hiring recommendation to the Western Highlands Board of Directors.
Cane Creek Water and Sewer District
Presented for the Board’s information were copies of Sewer Line Extension Requests #X0056CC and #X0057CC. These were routine extensions which required no Board action. The agenda item was for informational purposes only.
Water Line Extensions
The City of
Notification of Vacancies
The Board was notified of the following vacancies and these will appear on the next agenda for nominations:
3. Juvenile Crime Prevention Council – 18 vac.
4. Mountain Area Workforce Development Board – 2 vac.
Due to the absence of the Deputy Clerk/Volunteer Coordinator, there were no nominations at this time and all items were rolled to the next meeting.
3. Cane Creek Water & Sewer District Advisory Committee – 5 vac.
4. Environmental Advisory Committee – 4 vac.
6. Jury Commission – 1 vac.
7. Juvenile Crime Prevention Council – 2 vac.
8. Land-of-Sky Regional Advisory Council on Aging – 1 vac.
9. Library Board of Trustees – 2 vac.
10. Nursing/Adult Care Home Community Advisory Committee – 4 vac.
11. Planning For Older Adults Block Grant Advisory Committee – 1 vac.
12. Social Services Board – 1 vac.
Chairman Moyer informed
the Board that some questions had been raised with respect to the Architect for
the Historic Courthouse project. Chairman Moyer had requested the
Russ Burrell stated that
he had spoken with Cathe Evans, the Executive Director of the North Carolina
Board of Architecture. Following that conversation, Mr. Burrell determined that
if the Board continued on the course having been followed thus far, the County
would be contracting with Antoine Architects. Whether that is Alan Antoine, or
with his Limited Liability Company (LLC), would be based on which is licensed.
He is personally licensed in
There was an agreement that any intellectual property that was the property of Mohsen Ghoreishi or the Kohan Group could be used by Mr. Antoine in coming up with the plans for the courthouse. As long as the County’s contract is with Mr. Antoine, the County will have done everything necessary to fulfill the law.
Commissioner Baldwin clarified that the issue at hand was the fact that though Mr. Ghoreishi had done some work on the Historic Courthouse as an employee of Freeman White, he was not a licensed North Carolina Architect. The County had used Mr. Ghoreishi as a consultant, and would like to continue to do so as he was the originator of many of the courthouse ideas.
Set Date to Continue Discussion on Proposed Zoning Map Amendments for Contested Parcels in the U. S. Highway 25 North Zoning Study Area (Rezoning Action #R-05-01)
On Monday, May 9, 2005, The Board of Commissioners held a public hearing on the Proposed Zoning Map Amendments for the U.S. Highway 25 North Zoning Study Area (rezoning action #R-05-01) and on the re-consideration of the Interim Development Ordinance for the U.S. Highway 25 North Interim Development Area. Following public comment, the Board approved a motion to adopt the zoning study recommendations as proposed by the Planning Board except for those properties whose owners had contested the rezoning recommendations. The Board also approved a motion to lift the Interim Development Ordinance. The Board directed Planning Staff to compile a list of all property owners who had contested the rezoning recommendations for their property. The Board also intended to continue its discussion regarding the rezoning of the contested parcels.
Karen Smith discussed the list of contested properties, stating that there were 68 contested parcels with approximately 40 different property owners. She reminded the Board that those properties were not rezoned at the May 9th meeting, they were still zoned as they were prior to that hearing, and were no longer subject to the moratorium. It was the consensus of the Board to schedule a special called meeting under Important Dates to move through each of the individual properties.
Initiation of the Process to Amend the Henderson County 2020 Comprehensive Plan and Official Zoning Map of Henderson County to Protect Sites for Future Industrial Development
input gathered during the development of the Henderson County 2020 Comprehensive Plan (CCP), Designing Our Future, Lockwood Greene Study
(Henderson County Economic Development Master Plan), and the 1993 Henderson County Land Use Plan placed
considerable emphasis on economic development and job creation with the need to
reserve adequate/appropriate locations for future industrial and commercial
growth. The CCP, based on this input, has reiterated the need for local
government, in collaboration with other economic development organizations, to
become involved in economic development initiatives by emphasizing the
connection between economic sustainability and long-term prosperity for the
Recommendation E-01 of the Economic Development element of the CCP highlights the need to “Support the industrial sector of the economy by implementing the recommendations of the Lockwood Greene Study”. On February 16, 2005 the Board of Commissioners began the implementation of Recommendation E-01 of the CCP by adopting it as Strategy 1.1 under Goal 1 (To Implement Phase I of the Henderson County 2020 Comprehensive Plan) of the Henderson County 2005 Strategic Plan (Strategic Plan). Supporting Action Steps for Strategy 1.1 included: (1) “work with the Partnership for Economic Development and other entities to implement elements of the Lockwood Greene Study”, and (2) “Identify appropriate land to preserve for future industrial development”.
February, Planning Staff had been working, in cooperation with the Partnership
for Economic Development (of the Greater Hendersonville Chamber of Commerce),
to identify areas most suitable for industrial development in
As a result of prior discussions by the Board of Commissioners and in order to implement the goals and recommendations of the CCP and the Strategic Plan, information was presented to the Board of Commissioners for review, and if acceptable, initiation of the processes to amend the CCP and Official Zoning Map of Henderson County (Official Zoning Map). The amendment processes could be could be conducted concurrently or as two separate actions. If the Board agreed to initiate one or both the processes, Staff proposed the next step be for the Board of Commissioners to refer the item(s) to the Planning Board for review and recommendations.
Commissioner Baldwin made the motion to refer the processes to the Planning Board. All voted in favor and the motion carried.
2006-2012 State Transportation Improvement Program –
As the Board is aware, the NCDOT has indicated that they are suffering a severe budget shortfall. Therefore, the draft TIP reflects delays in many projects and pushes numerous off of the “funded” list. The Henderson County Transportation Advisory Committee (TAC) reviewed the draft TIP during their last meeting and agreed, considering NCDOT’s financial situation, by consensus that the County’s priorities should remain the same as for the last TIP update.
letter had been prepared, addressed to Mr. Conrad Burrell, our local NCDOT
Board representative, which outlined
There was discussion about the planning process for Highway 191. It had not yet been determined whether NCDOT was anticipating improvements to shoulders and curves, a three lane with a turning lane, or a four lane divided highway. It was noted that improvements on 191 were reflected as delayed, and that endorsing the prepared letter said nothing about the plans for that area.
Commissioner McGrady made the motion to authorize the Chairman to sign the presented letter. All voted in favor and the motion carried.
Update on Pending Issues
Move – David Nicholson
The Strategic Plan outlined the following moves:
Move the Sheriff
Department’s Administration to the
Move Patrol, currently
Move DSS to
Move remaining Sheriff’s
Terminate lease on “Mac Auto Parts” Building
however, concerns had been raised with respect to how the moves would
coordinate. Based on those concerns, Chairman Moyer had requested the
Based on that direction, Mr. Nicholson suggested the following Alternate Plan:
2005 - Move Sheriff’s Patrol Division to
2006 - Move
Terminate lease on “Mac Auto Parts” Building
Following some discussion by the Board, Commissioner McGrady made the motion to amend the Strategic Plan to approve the Alternative Plan. Following additional discussion, all voted in favor and the motion carried.
the Board’s May 2, 2005 meeting, Mr. Jay Jackson, Chairman of the Cemetery
Advisory Committee, updated the Board on the activities of the Cemetery Advisory
Committee and briefly outlined specific topics being considered by the
Committee. Those topics included the
Mr. Hembree then discussed identification signs. He reminded the Board that Chapter 76, section 6 of the Henderson County Code requires that the County clearly lay out the boundaries of and mark all abandoned public cemeteries under the County’s control. The County’s authority in this area applies only to abandoned public cemeteries. Therefore, the county could create a voluntary program through which persons that own property on which cemeteries are located, families, and/or descendants could place signs on cemeteries throughout the County. A standard sign could be decided upon and could be sold to interested parties at cost.
Michael Arrowood, a member of the Cemetery Advisory Committee, discussed some of the issues currently before the Committee, such as a possible “Adopt a Cemetery” program, and eleven cemeteries that currently cannot be located at all. He reminded the Board that Representative Justus had indicated that she had two blank bills that could be used for some type of local legislation relating to cemeteries. The Cemetery Advisory Committee however did not feel they had the authority to make recommendations on legislation to the Board. Staff recommended that the Board ask the Cemetery Advisory Committee to study possible legislation for recommendation to the Board.
Commissioner Baldwin thanked the Committee for their work in creating a public interest in the whole process. He felt it was important to the history of the County to establish a link between those interred in the cemeteries and their descendants, as well as to the newcomers to the County. He liked the idea of an “Adopt a Cemetery” program. Finally, Commissioner Baldwin discussed the issue of maintenance of the abandoned public cemeteries, proposing the possibility of a non-profit organization.
Commissioner Young questioned what parameters, qualifications or regulations were used on properties that contained cemeteries to keep them from being desecrated or destroyed when people wished to build subdivisions or houses. Karen Smith answered that currently, the Subdivision Ordinance does not have any provisions for cemeteries. Staff does require, during the pre-application conference, that applicants show on a sketch plan areas that have natural features, however there were no specific rules about cemeteries.
Commissioner Baldwin requested Staff do some research and bring back a recommendation on how the Board could use police powers, the subdivision ordinance and zoning to protect cemeteries. There followed much additional discussion regarding the best way in which to protect cemeteries. Chairman Moyer stated that based on the discussion, the following action steps should be taken:
Commissioner Baldwin made the motion for the County Manager to work with the Planning Director to offer a menu of options we can use with respect to subdivisions and our zoning regulations to preserve and protect cemeteries, give us our authority and what it is that we can do in working in conjunction with the County Attorney and bring those back to us. Also, have the Cemetery Advisory Committee bring a list to the Board of Commissioners of recommendations of the future role of the Committee and charge the Committee to review legislation drafted by Carolyn Justus and get their recommendations and comments regarding “Adopt a Cemetery”. The Board would also like to hear from the Committee about what should be done as cemeteries are found. Following additional discussion, a vote was taken on the motion. All voted in favor and the motion carried.
Chairman Moyer stated that he had discussed with Judy Abrell the possibility of a County-wide Historical Preservation Commission. The idea had been discussed with the LGCCA about the interest of the various units of government. The consensus of the LGCCA was to take the idea back to the various units of government for consideration.
Nicholson also updated the Board on the current status of the Animal Shelter,
Fiscal Year 2005-2006 Budget
Nicholson submitted his recommendation for the Fiscal Year 2005-2006 Budget for
· The proposed (base) budget was $91,000,000
· That reflected a 6% increase over the current budget in total dollars
· The Assessor’s Office had projected an evaluation of $9 billion
· Within the base budget, a four (4) cent property tax increase was added which would make the tax rate 51.5¢
of that increase was debt service on Dana and
· 1¢ was for the increase in mandated Medicaid funding from $3,662,775 to $4,544,554
· A 6% increase in sales tax revenues was projected
· ½ funding for Compensation Study implementation was recommended
· The following personnel were in the proposed budget:
o 4 Detention Officer positions
o 2 Telecommunicator (911) positions
o 2 Building Inspector positions
o 4 Income Maintenance Caseworkers (DSS)
· Within the base budget for education were:
o Balfour personnel/program funding
o Salary increases
Nicholson noted that this was his 30th Budget with
Mr. Nicholson thanked the Department Heads and Agencies for their assistance with the Budget. He particularly thanked Selena Coffey and Carey McLelland for their patience and hard work on the budget.
PUBLIC HEARING -To Consider Proposed Financing Contract for Purchase of
Commissioner McGrady made the motion to go into Public Hearing. All voted in favor and the motion carried.
McLelland reminded the Board that this was a Public Hearing to take any
comments on a proposed contract with First Citizens Bank to purchase
approximately 44 acres off of
1. Fielding Lucas – Mr. Lucas stated that he had reviewed the materials and research collected over the past months, and was amazed at how little the community seemed to have learned since the ’97 bond referendum failed. He expressed concern about the lack of interest in the fiscal impact of class size reductions, the Schools Board’s facility appetite, the absence of the Times-News from the debate, and the absence of a voter issue. Mr. Lucas reminded the Board that they must play the role of the public in the process, and asked them to work to protect the voter’s interest.
Commissioner Baldwin made the motion to approve the financing agreement authorizing the Chairman to sign and deliver the agreement. All voted in favor and the motion carried.
Commissioner Messer made the motion to go out of Public Hearing. All voted in favor and the motion carried.
Commissioner Messer noted that the Recreation Advisory Committee had requested a meeting with the Board during the budget process to discuss their plan. Chairman Moyer requested David Nicholson work such a meeting into the budget schedule.
Chairman Moyer reminded the Board that as part of the Board’s earlier discussion on the Proposed Zoning Map Amendments for the U.S. Highway 25 North Zoning Study Area, a special called meeting needed to be
scheduled. Chairman Moyer made the motion to schedule that meeting for June 8, 2005 at 6:00 p.m. All voted in favor and the motion carried.
Request to Set a Public Hearing on the FY 2005-2006 Budget
Commissioner Messer made the motion that the Budget Public Hearing be scheduled for June 9, 2005 at 6:00 p.m. All voted in favor and the motion carried.
CANE CREEK WATER & SEWER DISTRICT – no business
Chairman Moyer made the motion to go into Closed Session as allowed pursuant to NCGS 143-318.11 for the following reasons:
1. (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.
ACTION FOLLOWING CLOSED SESSION
stated that the County had offered, and had acceptance of that offer,
employment in an attorney position that would be primarily responsible for
Department of Social Services and Health Department work. Susan Fosmire, who
was for nine years the Guardian Ad Litem Attorney for the 29th
Judicial District, was scheduled to begin employment with
Commissioner Young stated that during
the interview process for the
Commissioner Messer made the motion to adjourn the meeting at 11:45. All voted in favor and the motion carried.
Elizabeth W. Corn, Clerk to the Board William L. Moyer, Chairman