STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY OF HENDERSON JANUARY 4, 1999
The Henderson County Board of Commissioners met for a regularly scheduled meeting at 5:30 p.m. in the Commissioners' Conference Room of the Henderson County Office Building.
Those present were: Chairman Grady Hawkins, Vice-Chair Bill Moyer, Commissioner Renee Kumor, Commissioner Don Ward, Commissioner Marilyn Gordon, County Manager David E. Nicholson, Assistant County Manager Angela S. Beeker, County Attorney Don H. Elkins, and Clerk to the Board Elizabeth W. Corn.
Also present were: Staff Attorney Jennifer O. Jackson, Finance Director J. Carey McLelland, Public Information Officer Chris S. Coulson, County Engineer Gary Tweed, Tax Assessor Robert Baird, and Planner Stuart Rohrbaugh.
CALL TO ORDER/WELCOME
Chairman Hawkins called the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Commissioner Gordon led the Pledge of Allegiance to the American Flag.
David Nicholson gave the invocation.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Hawkins welcomed those in the audience who were present at their first Board meeting. He outlined how the Board of Commissioners take public comments: through a Public Hearing, Public Input Sessions, and Informal Public Comments.
Chairman Hawkins moved Discussion Item AB@, Draft Motor Sports Facilities Ordinance and Discussion Item AC@, Task Force=s Draft Noise Ordinance to immediately after Informal Public Comments.
It was the consensus of the Board to approve these adjustments.
INFORMAL PUBLIC COMMENTS
1. Dr. Howard Norton - Dr. Norton noted that he has been active in the fire and rescue service for 30 years. On average, volunteer firefighters spend approximately 4 hours a week in training or on calls. He discussed the variety of services provided to the county by fire and rescue volunteers. He stated that the fire district tax is the only tax in Henderson County that the tax payers actually benefit from. He requested that prior to the enactment of any ordinances pertaining to the Fire and Rescue Personnel Departments, the Board of Commissioners accept input from the people these ordinances would affect.
2. Keith McKinney - Mr. McKinney spoke about the proposed speedway ordinance. He read a statement from Naples Baptist Church concerning their opposition to the proposed speedway.
3. Bill Eadie - Mr. Eadie asked that the Board of Commissioners enact an ordinance to force the racetrack owners to move to a better suited location.
4. Mike Kirchen - Mr. Kirchen spoke in opposition to the proposed racetrack. He asked that the needs of the citizens be taken into account.
5. Tony Peranio - Mr. Peranio spoke in opposition to the proposed racetrack. He asked that the moratorium be extended indefinitely, or until an ordinance is enacted.
6. Kay Blackwell - Ms. Blackwell seconded Mr. Peranio=s statements.
7. F. R. Dorsey - Mr. Dorsey stated that if the racetrack is built, it will cause property values in a five mile radius to decrease by 25%. He further stated that not every religion=s Sabbath is on Sunday, and a racetrack operating on Saturday would be extremely disruptive. He asked the Board to put a stop to the racetrack threat.
8. Sam Fritschner - Mr. Fritschner is representing the North Henderson County Community Association, and Park Ridge Hospital. He stated that the hospital believes it is critical that there be a great distance between the noise and emissions of a racetrack and a hospital. There are numerous articles available regarding the effects of noise on recovery, on the condition of the person who is ill or injured, on ICU patients, sleep and on the attention of medical staff. He requested that the minimal distance requirement for any medical facility be at least one to two miles.
9. James Guyer - Mr. Guyer stated that he believes Commissioners Moyer and Gordon are making an error by staying on the Planning Board. He stated that he believes room should be made for other citizens, especially the northern part of the county. He cited the 1982 ASeparation of Powers Act@.
Commissioner Moyer responded that he has already resigned as Chairman of the Planning Board, and has submitted his resignation to the board to be effective in January.
Commissioner Gordon also stated that she only wished to remain on the Planning Board long enough to clear up some loose ends, and they are very close to doing that. She was assured that it was legal for her to remain on the Board since she was already on when elected.
10. James Harvey - Mr. Harvey stated that he does not understand why the Commissioners have not put a stop to the racetrack already. He stated that everything he has is tied up in the equity in his home, and he does not wish to see it destroyed. He asked the Board to pass an ordinance to ban the proposed racetrack.
11. Bryan Aleksich - Mr. Aleksich spoke regarding volunteers appointed to Boards and Committees. He stated that in his experience on the Library Board of Trustees, there is no sense of being an actual working entity. He gave three suggestions on how to improve the service delivered by those boards.
A. Require an oath from each appointee, and a statement from the Chairman of the Board of Commissioners stating that the trustees represent the citizens of the county, and remain detached, objective, and free from the influence of all government employees.
B. The trustees should have tenure. They should know that they serve at the pleasure of the Board, and bad judgment may be cause for dismissal. They should also serve for no longer than ten years.
C. Look for people of modest means and good judgment, not just distinguished citizens and businessmen.
12. Dean Bonessi - Mr. Bonessi stated that he is not opposed to the racetrack, but hopes that any building would be done in a way that benefits the county. He questioned access to the facility if it is built where it is planned. He noted that there are state funds available to assist with road projects to sporting facilities.
He also noted that the noise study being used was conducted at Bristol Motor Speedway. The type of racing done there is not the type that will be done here. Our study should be compared to noise levels found at the Asheville Speedway for a true comparison.
13. Jack Oechslin - Mr. Oechslin stated that in Buncombe County, a section of Kenilworth which is located near the Asheville Speedway receives an objectionable amount of noise. He requested that the Commissioners focus on the common good versus the interest of a few, and enact a ban on the racetrack.
14. Janet Arwe - Ms. Arwe spoke in opposition to the proposed racetrack. She stated that building the racetrack would not be in the best interest of the county, and that the wrong decision will have far reaching consequences.
15. Ben Potts - Mr. Potts spoke in favor of the racetrack. He stated that the hospital is located very close to the interstate, and that they have had to deal with a train blocking quick access for years. He has started a petition in favor of the track.
16. Mike Gentry - Mr. Gentry is the President of Park Ridge Hospital. He stated that the hospital based its decision on fact, not opinion, and that is why they took a month to make their decision. After a long process of consultation with many companies who deal with the sound output from race cars, they now know much more than they ever wanted to. They took a position only after receiving sound evidence that it would be a serious issue for patients in the hospital.
Chairman Hawkins stated that despite the misconception that there is some economic benefit for the county associated with the racetrack, there is none. He also noted that the Board of Commissioners is painfully aware of the time schedule involved. Staff has spent endless hours working on this particular issue.
DRAFT MOTOR SPORTS FACILITIES ORDINANCE
At its meeting on December 16, 1998, the Board directed Staff to draft an ordinance which would regulate the location of race tracks in Henderson County. The Board, in its direction, requested such regulation to include minimum separation of race tracks of four miles from such institutions as schools, hospitals, nursing homes, libraries and churches. In addition the Board asked that Staff look at providing a minimum separation for residential areas showing a relatively high density.
After discussing the four mile minimum separation from the above-mentioned institutions, the Chairman suggested that the ordinance be drafted with a one mile minimum separation.
Ms. Jackson presented the ordinance as drafted.
To aid the Board in evaluating the draft ordinance and the minimum separation, as originally proposed by the Board and as presented, Ms. Jackson presented a map of the county, prepared by the Assessor=s Office, which shows the location of the institutions which the Board is seeking to protect.
It was the recommendation of Staff that the Board send the ordinance to the Planning Board for review with their comments to be received by the Board of Commissioners by not later than February 1, 1999. In addition, staff recommended that the Board set a public hearing for January 20, 1999, in order to receive public comment on the draft ordinance and to advertise that hearing in accordance with NCGS 153A-323.
Ms. Jackson went over the findings section. First, motor sports facilities do provide a recreational outlet for Henderson County citizens. Second is that motor sports facilities do have objectionable operational characteristics. Third, adverse secondary impacts could be detrimental to the health, safety and welfare of the citizens. Fourth, is a finding that it is in the best interest of the citizens of Henderson County that the location of motor sports facilities be regulated so as to minimize those adverse secondary impacts.
Section 6 provides that no new motor sports facility can be constructed or operated without receiving a permit. The permit shall be granted by the Board of Commissioners, after receiving an application, and after holding a public hearing on that application. The application must specify the geographic location in which the facility is proposed, and the applicant should have given notice to property owners in that area.
A permit must be issued if all restrictions are met. If all restrictions are not met, the permit must be denied. The restrictions include the location relative to health care facilities, schools, public libraries, religious institutions, or residential zoning districts. All terms are defined in the definitions section of the ordinance. The restrictions would not apply to any existing motor sports facilities.
The restrictions also include the residential density. No new motor sports facilities may be located where the residential density exceeds 1750 residential dwelling units within a one mile radius. The 1750 number came from taking the R-40 zoning district, and mapping out how many units could be located within that district.
Commissioner Moyer asked if the ordinance could be adopted as it has been presented. Ms. Jackson stated that it could be adopted after holding a public hearing on it. He questioned the permitting process, which Ms. Jackson had added as a means of ensuring an effective, enforceable ordinance. He stressed that if a permit would automatically be issued upon meeting the restrictions, and denied if the restrictions were not met, then a quasi-judicial public hearing would not be necessary.
Commissioner Moyer commented on whether or not the right institutions were listed, and correct distances noted. He wished to eliminate several of the categories, especially residential zoning district. He stated that the categories be limited to health care facilities, and residential density, and would set the limits at no less than two miles. He also wished to eliminate the permitting process.
Commissioner Gordon stated that she was confused about whether they are really using zoning powers in drafting the ordinances. She was concerned that some of the terminology would not hold up if it were challenged in court. Ms. Jackson responded that in her opinion, this ordinance should be considered under the land use powers.
Commissioner Gordon also stated that she felt the protected categories should be narrowed, this is meant to be an ordinance addressing motor sports facilities at all locations. She felt that trying to count residential density would be cumbersome, and questioned whether or not it could be done accurately.
There followed much discussion about whether this should be a land use ordinance or a police power ordinance.
Commissioner Ward stated that he would like to see a permitting process, too many things slip by unless you are notified. He would also like more detail in the ordinance.
Commissioner Kumor agreed that if you don=t do it right, and in as much detail as possible, someone will find a loophole. She stated that while the Board may support the Ordinance, they should have a workshop to iron out the details.
Commissioner Moyer questioned how much input was expected from the Planning Board, and how much time the Planning Board would have to work on the ordinance. He would like to see a time line drawn up to outline all the steps that need to be taken.
Commissioner Kumor made a motion to extend the moratorium for another 90 days to meet all the thoughtful requirements of the proposed ordinance. Chairman Hawkins questioned whether the moratorium could be extended under police powers. Ms. Jackson reminded the board that the moratorium that is in effect until February 9, 1999 was enacted under the police power for the enactment of a noise ordinance. Therefore, if that moratorium is being used to enact a land use regulation, it should be done after a public hearing.
Commissioner Kumor withdrew her motion following discussion on the noise ordinance.
Chairman Hawkins=s stated that the problem that arises then is whether this particular problem is police powers, which has more latitude as far as public hearings are concerned. He then noted that regarding the draft ordinance, questions the Board has are: location in relation to facilities, distance from those facilities, and permitting.
Following additional discussion, it was decided that a workshop would be held on Friday, January 8th at 2:00 p.m. The public hearing will be set at the workshop.
TASK FORCE=S DRAFT NOISE ORDINANCE
The Noise Ordinance Task Force has actively met since December 15, 1998, and has worked very diligently in order to present the Board of Commissioners with a draft ordinance by its January 4, 1999 meeting. Many hours have been volunteered by the members of the Noise Ordinance Task Force in the hope that a balanced and reasonable noise ordinance could be drafted.
In order for the draft ordinance to receive the most publication as possible, staff recommended the following:
1. Publication on the Internet with access to the public comment line.
2. Copies available for the public to pick up at the County Administration Building.
3. Public input scheduled for January 20, 1999 at 9:00 a.m.
4. Review by various state and county departments such as the Sheriff=s Office
and the District Attorney=s Office; and
5. Review by the Henderson County Bar.
If the Board wishes to hold a public input session on January 20, 1999, staff will advertise such public input session. At such meeting the Task Force may be presenting a minority positions report to be considered by the Board. In addition, staff may also be presenting comments on the draft. Also for the Board=s regularly scheduled meeting on January 20, 1999, staff is trying to arrange a short audio presentation to demonstrate certain decibel levels.
The draft noise ordinance was presented for information purposes only. No discussion on the ordinance was expected at this meeting. It was staff=s desire that the Board consider the time line presented and provide direction on that time line and the methods by which the Board wishes to have the draft ordinance publicized.
Commissioner Kumor questioned how the public comment line would work. Ms. Jackson stated that the public comments would be received by Public Information Officer Chris Coulson, who would reply that the email had been received and forwarded to the Commissioners. Comments will be compiled, and presented to the Commissioners. There were no plans to further respond to e-mails.
Commissioner Ward stated that in addition to steps #1-5 noted above, he would also suggest sending the ordinance to the Agriculture Advisory Committee, the Homebuilders Association, and the Landscapers Association. Commissioner Ward made the motion to extend the moratorium for 60-90 days, to allow comments back from the Associations.
Following discussion, Commissioner Ward amended the motion to put the moratorium on the calender to be voted on after the public hearing at the mid-month meeting.
Commissioner Moyer questioned whether or not the two discussed ordinances should be tied together. He asked if the Board can extend the moratorium on the racetrack for 90 days, while the Noise Ordinance is being considered under the land use powers. Ms. Jackson stated that this can be done if the language in the moratorium is changed, but a public hearing should be held prior to such change.
Following additional discussion Commissioner Ward withdrew his motion. It was decided that a public hearing could be scheduled for January 20th, to establish a moratorium on the racetrack that will run for 90 days. Chairman Hawkins made the motion for the record. The motion made was to hold a public hearing on January 20th, the purpose of which is to establish a moratorium on the racetrack operation. The second part of the motion was to take the draft noise ordinance, distribute it to the previously indicated parties, ask them for feedback within a 45 day period, and continue with a time line of developing a noise ordinance. All voted in favor and the motion carried.
PUBLIC HEARING - Proposal of the 1999 Schedule of Rules, Standards, and Values and
the 1999 Present-Use Value Schedules
Commissioner Kumor made the motion to go into Public Hearing. All voted in favor and the motion carried. Robert Baird presented the proposed schedule of values. The schedule has been on file in the Assessor=s office. Following the adoption of values, the schedule will remain open to the public for 30 days.
The Board of Realtors will be providing the comparisons for the last quarter of 1998. Those comparisons will be included in the final schedule, but should not create any significant adjustments.
Larry Pace from the Assessor=s Office explained how values had changed on some commercial properties. A property on 25N was used as an example. The building had decreased slightly in value due to age and depreciation. However the land value had increased, making up the difference in the 1995 vs. 1998 assessments.
Commissioner Moyer questioned how vacant buildings are assessed. Such properties have either an economic factor adjustment because they are not being used, or if it=s not for sale they determine the reason why.
There was discussion on the upcoming meetings with citizens. Mr. Nicholson spoke to the need for space for these meetings. They would like to use the available space across the hall from the Assessor=s office rather than moving to an off-site space. This would save time with wiring for phone calls, moving pertinent files, etc. Mr. Nicholson hopes to have resolved this issue shortly.
Commissioner Kumor made the motion to go out of Public Hearing. All voted in favor and the motion carried.
PUBLIC HEARING - Proposed Abandonment of Cave Inn Drive (SR#1661)
Henderson County had received a petition from William Cone and Randy Evans asking that the County request NCDOT to abandon and remove from the State Maintenance System Cave Inn Drive (SR# 1661). This petition, along with various letters of support and maps of the area were submitted for the Board=s review. The comments of the Planning Department were also presented along with a summary of the request and issues raised by the request.
NCGS 136-63 sets out the procedure by which a road may be abandoned. This statute requires that before NCDOT abandons a road in the manner requested, the Board of Commissioners must adopt a resolution requesting that the road be abandoned. The adoption of such a resolution must be based upon a finding that Athe best interest of the people of the County will be served thereby.@
At its December 7, 1998 meeting, the Board scheduled public input for this meeting in order to receive public comments on the proposed abandonment of Cave Inn Drive. The County has received written comment from Mrs. Thelma Canova. Some comments have also been received from public safety officials and they were submitted for review.
If the Board finds that the best interest of the citizens of Henderson County will be served by the abandonment, appropriate action could be taken upon motion to request that the North Carolina Department of Transportation abandon Cave Inn Drive (SR# 1661).
1. Thelma Canova - Mrs. Canova lives in Bat Cave at Cave Inn Drive. She stated that she uses this road all the time. She put in a new driveway not only for herself, but to assist her neighbors as well. She believed she had a right-of-way when she purchased the property. She feels that if the road is abandoned, she will not be able to receive emergency services if she should ever need them.
Jennifer Jackson reminded the Board that abandoning a road is very different than closing a road. The Board of Commissioners can not request that a road be closed, they can just state that it is in the best interest of the citizens of the county to remove the road from state maintenance.
Commissioner Ward made the motion to not abandon Cave Inn Drive. Commissioner Gordon stated that she was reluctant to continue maintenance on a road when the property owners do not wish to have it maintained.
Following discussion, a vote was taken and the motion carried four to one with Commissioner Gordon voting nay.
SET HEARING ON A REQUEST FOR A VARIANCE BY WHITE OAK PARK, INC. FROM THE MORATORIUM ON MANUFACTURED HOME PARKS
White Oak Park, Inc., an existing 45 unit manufactured home park located on Zeb Corn Road, was denied a building (set up) permit for one additional manufactured home in his park on December 17, 1998. The denial was due to the fact that his manufactured home park had in excess of 30 units and the moratorium precludes expansion of such parks.
The moratorium however allows the Board of Commissioners to grant variances based on hardship. The moratorium also calls for a hearing for such variances. Staff requested the Board to set a public hearing on this matter for January 20, 1999.
Commissioner Ward questioned whether a variance was really necessary, since this is an existing park rather than a new one. Jennifer Jackson stated that in the strictest sense of the moratorium, a variance is necessary since there are more than 30 units in place.
Commissioner Gordon stated that she was very upset to see this item on the agenda. She had not wished for the moratorium to create this type of situation. She apologized to those people who had been inconvenienced by such an oversight.
There was discussion about amending the ordinance to clean up such situations, especially in situations where two of the three utilities (water, septic and electric) already exist on a site. Chairman Hawkins made a motion stating that in the section dealing with service connections, the intent was that if a permitted septic field was present, that constitutes a service connection and therefore would comply with the verbiage in the ordinance. Following discussion, Chairman Hawkins withdrew his motion. Commissioner Moyer made a motion to include in the definition of requisite utility connections, septic system permits issued prior to the effective date of the ordinance. A vote was taken and the motion carried four to one with Commissioner Ward voting nay.
PETITION TO ABANDON MUD CREEK CEMETERY ROAD (SR#1165)
The Board reviewed a petition on August 19, 1998 from Mud Creek Baptist Church, Inc. and Joe Crowell Construction, Inc. (the developer of Rutledge Subdivision) asking that the County request NCDOT to abandon and remove from the state maintenance system Mud Creek Cemetery Road. The petition was presented for Board review along with a map showing the location of the road and a staff report on the road.
The Board requested that the Chairman write the City of Hendersonville and the Village of Flat Rock concerning this request. We have not received a written response to the county=s letter. However, the County Manager has spoken to Flat Rock Mayor Cyrus Highlander and Hendersonville City Manager Chris Carter considering this issue. Both indicated that their municipalities had reviewed the request and did not oppose it.
NCGS 136-63 sets forth the procedure by which a road may be abandoned. This statute requires that before NCDOT abandons a road in the manner requested, the Board of Commissioners must adopt a resolution requesting that a road be abandoned. In addition, this resolution must be based upon a finding that Athe best interest of the citizens of the County will be served thereby.@
Although no public hearing is required to abandon a road, the Board has previously set public input sessions to receive comments before considering such a resolution. Staff suggested February 1, 1999 at 7:00 p.m. for this public comment period.
Commissioner Moyer questioned a memorandum issued by the Planning Department titled AComments on the Closing of Mud Creek Cemetery Road@. David Nicholson commented that he had spoken to the City of Hendersonville and the Village of Flat Rock, pointing out that this was not a closing, it was an abandonment. Abandonment is the first step associated with this process. The second likely issue will be the closing of the road.
Following discussion, Commissioner Kumor made the motion to set a public hearing for February 1, 1999 at 7:00 p.m. All voted in favor and the motion carried.
REQUEST FOR IMPROVEMENT GUARANTEE FOR NORTHERN VIEW ACRES SUBDIVISION
An Application for Subdivision Improvement Guarantee dated December 29, 1998 was received from Grover Barnwell, developer of Northern View Acres Subdivision. By way of this application the developer requested permission to post a guarantee to cover the estimated cost of the road improvements for the proposed major subdivision. Northern View Acres is a major subdivision located off Academy Road in Henderson County. Staff showed the location of the subdivision by map.
Pursuant to Section 170-39 of the Henderson County Code, a developer, in lieu of completing all of the requirements within the subdivision (i.e. road construction) prior to Final Plat approval, may post a performance guarantee to secure the County=s interest. One type of permitted guarantee is a cash deposit (certified check). Upon approval by the Board of Commissioners and satisfaction of any remedial conditions imposed by the Planning Board, Planning Staff may approve the Final Plat for Northern View Acres subdivision.
Grover Barnwell has agreed to offer a cash deposit (certified check) to guarantee the road improvements for Northern View Acres in the amount of $25,507.50, which includes the amount listed on the cost quotation plus the required additional amount of 25%. A draft Performance Guarantee Agreement was presented for the Board=s review. The Staff Attorney reviewed the Agreement and certified it as to form.
Planning Staff has reviewed the request and recommended approval in accordance with county regulations.
Jennifer Jackson requested that the Board allow some clean-up amendments to this agreement. The agreement was based on a standard agreement which references an Airrevocable letter of credit@. In this case cash will be used rather than a letter of credit, so this language needs to be revised. Also, a statement regarding the use of the money in the event of default should be added.
Commissioner Ward made the motion to grant Jennifer Jackson the authority to make the above stated changes to the agreement. All voted in favor and the motion carried.
Chairman Hawkins requested that the Fire and Rescue Advisory Board Notification of Vacancies be pulled from the consent agenda. Following discussion on the Blue Ridge Mall Tax Release, Commissioner Kumor made the motion to approve the Consent Agenda as presented with the exception of the Fire and Rescue Advisory Board Notification of Vacancies. All voted in favor and the motion carried.
Following additional discussion regarding the Blue Ridge Mall Tax Release, Commissioner Kumor corrected her motion to adopt the Consent Agenda deleting the Notification of Vacancies, and deleting from the Tax Releases the Blue Ridge Mall item. All voted in favor and the motion carried.
The CONSENT AGENDA included the following:
A list of (13) tax refund requests was presented to the Board by the County Assessor for review and approval.
A list of (202) tax release requests was presented to the Board by the County Assessor for review and approval.
Tax Collector=s Report
Terry F. Lyda, Tax Collector had provided the Tax Collector=s Report dated December 31, 1998. The Board also received the mid-December report on the day of that meeting and had asked for time to review same.
Certificate of Achievement for Excellence in Financial Reporting
The Government Finance Officers Association (GFOA) of the United States and Canada has awarded Henderson County=s Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 1997, the Certificate of Achievement for Excellence in Financial Reporting. This Certificate is the highest form of recognition in the area of governmental accounting and financial reporting.
The Comprehensive Annual Report, which was judged by an impartial nationwide panel, met the high standards of full financial disclosure in communicating to the users of the annual report.
The Henderson County Office of Budget and Finance was assisted by an Independent Auditing Firm, Dixon, Odom PLLC, in preparation of this report for submission to the Board of Commissioners, various state agencies, national bond rating agencies and the citizens of Henderson County. This is the eighth consecutive time the certificate of achievement has been awarded to Henderson County.
Henderson County Public Schools Financial Report - November 1998
The November 1998 report was submitted for information only. Consent approval was requested.
Henderson County Financial Report - November 1998
The November 1998 report was submitted for information only. Consent approval was requested.
Chairman Hawkins informed the Board of the following vacancies and opened the floor to nominations:
1. Nursing/Adult Care Home Community Advisory Committee - 4 vac.
There were no nominations at this time so this item was rolled to the next meeting.
2. Henderson County Zoning Board of Adjustment - 4 vac.
There were no nominations at this time so this item was rolled to the next meeting.
3. Henderson County Travel & Tourism Committee - 3 vac.
Dennis Page, Myra Wood, Jim Hall and Connie Backlund were nominated at the previous meeting. Following a vote, Dennis Page and Myra Wood, were appointed unanimously and Jim Hall was appointed with three of the five votes.
4. Henderson County Partnership for Children - 1 vac.
There were no nominations at this time so this item was rolled to the next meeting.
The Solid Waste Advisory Committee (SWAC) had reviewed several issues as requested by the Board of Commissioners. Over the past few months, the SWAC has considered these issues and the hauler=s proposal to consider franchising. Gary Tweed presented the following recommendations to the Commissioners:
1. Steam Treatment Technology
It was recommended to the Henderson County Board of Commissioners that the use of steam treatment technology of solid waste, as proposed by Team Systems International, be placed on hold.
2. Landfill Siting Criteria
It was recommended to the Henderson County Board of Commissioners that should they decide to site a landfill within Henderson County, that the Landfill Siting Criteria, previously developed by the SWAC, be followed with the consideration in making the landfill a regional solid waste landfill.
3. Franchising of Solid Waste Haulers
It was recommended to the Henderson County Board of Commissioners that they allow staff to work with the Solid Waste Haulers Association to develop Franchising of solid waste collection in Henderson County.
Commissioner Moyer moved that the Board adopt these three recommendations and authorize the Commissioner candidate to move forward. All voted in favor and the motion carried.
Commissioner Gordon informed Gary Tweed that she had been elected as the Commissioner candidate, and requested that he bring her up to date on all future meetings.
ENGINEERING SERVICES - C & D LANDFILL
Gary Tweed reminded the Board that when the tipping fee was set, part of the plan was to start a Construction & Demolition Landfill. The County applied for a permit to continue the existing landfill with C & D waste. That permit was issued, and now it is estimated that the existing area will only last for about a year. He recommended to the Board that Henderson County contract with Camp Dresser and McKee to provide technical services to develop an additional site for a Construction and Demolition Landfill at our current Solid Waste Facility. The contract cost for this agreement is $80,000 which includes preparing documentation for the NC Division of Solid Waste. Following approval from the state office, a grading plan and specifications will need to be developed, the site surveyed, the site developed for the C & D Landfill and the installation of a ground water monitoring system. The total cost of the project is $150,000. The net projected annual income following operating expenses is $235,370.
Mr. Nicholson and staff recommended that Henderson County employ Camp Dresser and McKee to begin the development of an additional site for a Construction and Demolition Landfill. Henderson County has worked with this firm on several recent projects and they have a history of receiving project approval from the Division of Solid Waste. The net revenues from the C&D Landfill would be used within the Solid Waste Enterprise Fund.
Angela Beeker pointed out to the Board that the contract states that no rezoning is necessary. She informed the Board that in the future, Staff may recommend that a zoning classification be created and future expansions rezoned to that classification.
Commissioner Moyer made the motion to accept this recommendation and authorize the appropriate officials to move forward. All voted in favor and the motion carried.
HOME AND COMMUNITY CARE BLOCK GRANT - Supplemental Funds
Historically the General Assembly appropriates supplemental funds for the Home and Community Care Block Grant (HCCBG) Program each fiscal year. In the current fiscal year, Henderson County will receive an additional $63,976.00 in block grant funds. The County=s initial funding for FY 1998-99 was$508,833.00 for this program.
The Steering Committee for the Older Adults Planning Committee reviewed requests for additional funds from service providers. All service providers currently participating in the HCCBG Program had the opportunity to make a request for additional funding. Three agencies submitted requests for additional funding.
The Steering Committee recommended allocating the supplemental funds as follows:
Council on Aging $42,000.00
Housing Assistance Corp. 9,976.00
The Planning for Older Adults Committee approved this recommendation and voted to send it to the Board of Commissioners for final approval.
Commissioner Hawkins questioned whether the additional monies granted to Council on Aging would help assist citizens on their waiting list. Carey McLelland stated that they will be trying to serve all the people on the waiting list, but they cannot make a guarantee.
Following discussion, Commissioner Kumor made the motion to accept the schedule as presented. All voted in favor and the motion carried.
CORRECTION TO THE CODE
Staff discovered a section of the code (Section 200-73(B)) that is in conflict with the corresponding section of the Zoning Ordinance (Section 1201). Section 1201 of the Zoning Ordinance, Initiation of Amendments, was amended by the Board of Commissioners in November of 1996 to differentiate between the process of initiating a text amendment and initiating a map amendment. As amended by the Board, Section 1201 was divided into two sections, Section 1201.01, Text Amendments, and Section 1201.02, Map Amendments, Section 1201.01, Text Amendments, allowed the Board of Commissioners, the County Manager, the Planning Board, the Zoning Board of Adjustment, and the Watershed Review Board to submit text amendments by right, and allowed a citizen to submit an amendment only at the discretion of the Board of Commissioners. Section 1201.02, Map Amendments, allowed the same persons to submit an application for a map amendment by right as for a text amendment but did not allow a citizen to submit an amendment for someone else=s property without their consent. These amendments to the Zoning Ordinance were done by the Board after the code materials had already been sent to General Code Publishers. These amendments were inadvertently omitted from subsequent information sent to General Code Publishers for inclusion in the Code. Therefore, Section 200-73 of the Code, Initiation, does not contain the same differentiation between text amendments and map amendments.
Staff requested the Board of Commissioners to consider setting a public hearing for February 1, 1999 at 7:00 p.m. to correct the text of the Code, and to request that the Planning Board review the proposed correction during the month of January 1999. Alternatively, the Board may decide to keep the Code language of Section 200-73 as presently written.
Commissioner Hawkins questioned the necessity of the public hearing, since it was simply an omission. Ms. Beeker stated that if it is a publishers error, that would be true. However since it was a staff error in the information that was sent in, the correction will be necessary.
Following discussion, it was the consensus of the Board to table this item to the next meeting for further discussion.
UPDATE ON PENDING ISSUES:
Chairman Hawkins informed the Board that he has been working with Robert Baird and the MIS Director to try to find a solution to the municipalities sovereign rights to leave their property addressed as they so desire. The Town of Fletcher has voted to participate with the County, and are currently working on duplicate street names.
Mountain Area Service Area Workshop
Chairman Hawkins informed the Board that in July of this year Congress passed the Workforce Investment Act of 1998 and the President signed the Act into federal law on August 7, 1998. This legislation will replace the Federal Job Training Partnership Act (JTPA); however, this legislation continues a State-Local government partnership and will establish One-Stop (in North Carolina JobLink) Career Centers as the method for delivery of services to job seekers, training seekers and employers.
They have requested Henderson County=s comments concerning designation of sub-state areas for administration of this new legislation.
The Workforce Investment Act (WIA), like the Job Training Partnership Act, provides for the designation of local workforce development areas within States. The WIA has provisions for a single unit of local government with a population of 500,000 or more, to receive automatic designation upon request. The second provision is for designation of existing sub-state areas under JTPA, which have a population of 200,000 or more, and which have demonstrated acceptable performance and fiscal integrity for the last two years. Our multi-county consortium, Mountain Area Service Delivery Area meets the second population criterion and is composed of Buncombe, Henderson, Madison, and Transylvania Counties as one of the State=s Service Delivery Areas under the Job Training Partnership Act.
In an initial step toward recommending sub-state area designations to the Governor, the Governor=s Commission on Workforce Preparedness, the State=s workforce investment board voted at its November 18, 1998, meeting to recommend that North Carolina continue the current sub-state areas of the Job Training Partnership Act as designated areas for the Workforce Investment Act. However, prior to final recommendation to the Governor for designation of sub-state areas, Henderson County=s comments were requested. This recommendation was that the Mountain Area consortium continue as a sub-state area for administration of the Workforce Investment Act.
The North Carolina Department of Commerce requested comments on the recommendation for continuation of the Mountain Area Service Delivery Area of Buncombe, Henderson, Madison, and Transylvania Counties as a designated sub-state area for administration of the Workforce Investment Act, to the Governor=s Commission on Workforce Preparedness in writing by January 8, 1999. They have a very compressed implementation calendar for transition from the Job Training Partnership Act to the Workforce Investment Act. The absence of written comments will be considered as agreement with the recommendation of the Governor=s Commission on Workforce Preparedness for retaining the current sub-state areas.
The Board was reminded of the last two of four county-by-county informational meetings for local officials on the Council=s (Land-of-Sky Regional Council) regional wireless (cell tower and pager) antenna site marketing and leasing program. The meetings are sponsored by the Council and its Regional Civic Connectivity Commission (RC3), and presented by MetroSite Management=s North Carolina Marketing Manager, Susan Rabold. These meetings are intended to give local government officials the information needed to decide whether their jurisdictions wish to enter into a wireless antenna site marketing and leasing contract with MSM. A representative from the Planning Department will attend.
There was discussion regarding scheduling an inclement weather backup date on February 1, 1999 for the Race Track Moratorium Public Hearing. Chairman Hawkins requested that if they do set such a backup date, the Notice must contain a phone number for citizens to call and find out if it has been canceled. Chairman Hawkins made the motion to establish such a notice. All voted in favor and the motion carried.
Commissioner Kumor made the motion for the Board to go into Closed Session pursuant to NCGS 143-318.11 for the following reasons:
1. (a)(1) To prevent disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes, in order to consider matters that may be withheld from public inspection pursuant to NCGS 143-318.10(e) and Section 11-4 of the Henderson County Code.
2. (a)(3) To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged and to consult with an attorney employed or retained by the public body in order to consider and give instructions to the attorney with respect to the following claim:
MULTIMEDIA PUBLISHING OF NORTH CAROLINA, INC., d/b/a ASHEVILLE CITIZEN TIMES PUBLISHING COMPANY, a North Carolina Corporation v. HENDERSON COUNTY and HENDERSON COUNTY BOARD OF COMMISSIONERS (Henderson Co. File No 98-CVS-1630).
3. (a)(4) To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body.
4. (a)(5) To establish, or to instruct the public body=s staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (I) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, o lease; or (II) the amount of compensation and other material terms of an employment contract or proposed employment contract.
All voted in favor and the motion carried.
Commissioner Ward made the motion for the Board to go out of Closed Session. All voted in favor and the motion carried.
Commissioner Kumor made the motion to approve an amendment to the economic development agreement with Branford Wire. The amendment was to extend the agreement for one year and agree to the reclassification or renaming of the 15 positions they are obligated to create and fill on or before April 6, 2000. All voted in favor and the motion carried.
There being no further business to come before the Board, the meeting was adjourned at approximately 11:03 p.m..
Elizabeth W. Corn, Clerk to the Board Grady Hawkins, Chairman