Henderson County Board of Commissioners

1 Historic Courthouse Square, Hendersonville, NC

Monday, March 17, 2014

5:30 p.m.









  1. Public Hearing in regard to Land Development Code (LDC) and Minimum Housing Code Text Amendments (TX-2013-02)

Proposed LDC and Minimum Housing Code text amendments

  1. Public Hearing for assignment of new road name

Proposed road name change from Turkeybrush Trail to Mystic Pines Way

  1. Public Hearing for consideration of Economic Development Incentives “Project Andies”

Public Hearing to consider Economic Development Incentives for Barry Callebaut USA LLC (Mona Lisa Decorations)

  1. Public Hearing for consideration of Economic Development Incentives “Project Dogwood”

Public Hearing to consider Economic Development Incentives for Elkamet, Inc.







A.    Minutes:  February 19, 2014 – Regularly Scheduled Meeting

Approval of minutes from previous meeting(s)

B.     Tax Collector’s Report

      Routine monthly report on current tax collections

C.     Pending Releases  & Refunds

      Routine monthly request for approval of tax releases and tax refunds

D.    County Financial Report/Cash Balance Report – January 2014

      Routine monthly financial report for the County

E.     Henderson County Public Schools Financial Report – January 2014

      Routine monthly financial report for the Henderson County Public Schools 

F.      Offer to purchase tax-foreclosed property

            Request the Board provisionally accept the offer of Donald K. Henderson to purchase the parcel    described in this agenda item, subject to the procedures required by this Board for tax             foreclosure sales and   subject to the stated conditions

G.    Final approval of sale of tax foreclosed property

Requests the Board provisionally accept the offer of W. H. Stewart, Jr., to purchase the parcel described in this agenda item, and direct the execution of a quitclaim deed to Stewart on the condition that Stewart release the County from liability in the event the property description, above, is inadequate

H.    DOT land donation request

Requests the Board authorize and direct staff to request of the NC Department of Transportation the conveyance of parcel 0103783, without cost, to the County for use by Mountain Home Fire and Rescue

I.       Consolidated Contract Agreement with the NC Department of Health and Human Services

Requests the Board approves the Consolidated Contract Agreement for FY2015

J.       Request for Utility Easement from Duke Energy – Henderson County Athletic & Activity Center

Requests the Board approve a Duke Energy utility easement at the Henderson County Athletic and Activity Center

K.    Resolution Declaring Personal Property as Surplus and Authorizing the Disposition of Personal Property  by Private Sale to a Local Government Unit

Requests approval of a Resolution declaring property as surplus for sale to a local government

L.     Smokey Mountain Center – Quarterly Fiscal Monitoring Report (FMR) for the quarter ended December 31, 2013

Routine quarterly financial report for Smoky Mountain Center

M.   Set public hearing date regarding the re-naming of Yorkshire Boulevard

Requests the Board set a public hearing for April 16, 2014 at 9:00 A.M.

N.    Budget Amendment – Rescue Squad

Requests the Board approve a budget amendment for the Henderson County Rescue Squad

O.    Resolution – Designating March, 2014 as American Red Cross Month

Request the Board adopts the Resolution as presented, designating March, 2014 as American Red Cross Month in Henderson County

P.      Designation of Seth Swift from the Health Dept. to supervise NCDOT in relocation of approximately 2 graves

Requests the Board designate Seth Swift from the Health Department to supervise and direct the NCDOT in relocating approximately 2 graves within Moores Grove Church Cemetery

Q.    BRCC baseball field lease

            Request the Board approve the Memorandum and grant the County Manager authority to sign the Memorandum

R.     Request for Use of Historic Courthouse Front Lawn  – Only Hope WNC

Request Board adopt application for use of Historic Courthouse Front Lawn and Courtyard by Only Hope WNC




      Notification to the Board of new vacancies on County Boards and Committees

1.      Child Protection and Fatality Prevention Team – 1 vac.

2.      EMS Peer Review Committee – 7 vac.

3.      Environmental Advisory Committee – 1 vac.

4.      Fletcher Planning Board – 1 vac.

5.      Governmental Financing Corporation – 1 vac.

6.      Henderson County Planning Board – 3 vac.

7.      Nursing/Adult Care Home Community Advisory Committee – 5 vac



      Nominations and appointment of citizens to County Board and Committees.

1.      Equalization and Review, Henderson County Board of – 5 vac.

2.      Industrial Facilities and Pollution Control Financing Authority – 3 vac.

3.      Juvenile Crime Prevention Council – 6 vac.

4.      Mountain Valleys Resource Conservation and Development Program – 2 vac.

5.      Nursing/Adult Care Home Community Advisory Committee – 3 vac.

6.      Senior Volunteer Services Advisory Council – 2 vac.

7.      WCCA Board of Directors (Western Carolina Community Action) – 1 vac.



A.    Smoky Mountain Center Update

Update by Shelly Foreman, Senior Director of Planning & Public Affairs for Smoky Mountain Center

B.     Construction Contract  - 1995 Courthouse Renovations

            Request the Board  reject the February 4th bids for the 1995 Courthouse Renovations and direct staff to develop project options for the Board’s consideration that are within the approved budget.

C.     County Flag Adoption

            Requests the Board adopt the tri-color flag



      Routine Update from the County Manager



            Upcoming schedule of meetings and events



The Board is requested to go into closed session pursuant to N.C. Gen. Stat. §143-318.11(a), for the following reasons:


  1. Pursuant to N.C. Gen. Stat. §143-318.11(a)(3), to consult with an attorney employed or retained by the Board to preserve attorney-client privilege, and in order to consider and give instructions to the attorney with respect to the following claim:           


Henderson v. Allen, et ux


Henderson County Clerk of Court file number 13 CVS 1182


  1. Pursuant to N.C. Gen. Stat. §143-318.11(a)(4), to discuss matters relating to the location or expansion of industries or other businesses in Henderson County, including agreement on a tentative list of economic development incentives that may be offered by the Board in negotiations.


  1. Pursuant to N.C. Gen. Stat. §143-318.11(a)(5), to establish, or to instruct the staff or agents, concerning the position to be taken by or on behalf of the County in negotiating the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange or lease.


  1. Pursuant to N.C. Gen. Stat. §143-318.11(a)(6), to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual officer or employee or prospective public officer or employee.










Agenda items can be viewed on the County’s website at