STATE OF NORTH CAROLINA                                           BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                       FEBRUARY 1, 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 at 100 North King Street, Hendersonville, North Carolina.


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: Planning Director Matt Matteson, Finance Director J. Carey McLelland, Staff Attorney Jennifer O. Jackson, Health Department Director Tom Bridges, and Tax Collector Terry Lyda.



Chairman Hawkins called the meeting to order and welcomed all in attendance.



Commissioner Moyer led the Pledge of Allegiance to the American Flag.



David Nicholson gave the invocation.



Commissioner Ward requested that two items be added to the agenda. One was direction from the Board on facilities, to be added as Discussion Item AD@. The other was to update the Board on Cranston Print Works, to be added as Staff Reports AA@.



Kay Blackwell requested that she be allowed to address the Board during the Public Hearing on the proposed Motor Sports Facilities Ordinance.



Commissioner Moyer requested that the minutes from the January 8, 1999 meeting be pulled for discussion. Chairman Hawkins requested discussion on Item AB@ - Routine Sewer Extension Granted.


The following changes to the January 8, 1999 minutes, under ADraft Ordinance - Distance and Other Parameters@,  were discussed: changing the residential density number to 300, and deleting a sentence which stated that 1750 dwelling units was too restrictive.


A question arose regarding Item AB@, the Routine Sewer Extension Granted. Chairman Hawkins questioned a statement in the proposal regarding how much wastewater the district was willing to accept. The item was pulled to allow staff time to clarify the form.

February 1, 1999


Commissioner Kumor made the motion to approve the Consent Agenda including the minutes as amended, and with Item AB@ pulled. All voted in favor and the motion carried.  The Consent Agenda then consisted of the following:



Minutes were presented to the Board for review and approval of the following meeting:

January 8, 1999, special called meeting


Henderson County Financial Report - December 1998

The Henderson County Financial Report for December, 1998 had been submitted for the Board=s review and approval.


Henderson County Public Schools Financial Report - December 1998

The Henderson County Public Schools Financial Report for December, 1998 had been submitted for the Board=s review and approval.


Notification of Vacancies

The Board was notified of the following vacancies which will appear under ANominations@ on the next agenda:


1.    Henderson County Planning Board - 1 vacancy due to resignation


2.    Henderson County Agriculture Advisory Board - 2 vacancies due to expiring terms


3.    Henderson County Board of Health - 2 vacancies due to expiring terms


4.    Special Board of Equalization and Review - 2 vacancies due to expiring terms


5.     Mountain Valleys Resource Conservation & Development Program -1 vac. due to expiring terms


6.    Nursing/Adult Care Home Community Advisory Committee - 2 vacancies due to expiring terms


7.    Hendersonville City Planning Board - 2 vacancies due to expiring terms


8.    Recreation Advisory Board - 3 vacancies due to expiring terms


9.    Henderson County Board of Health - 1 vacancy due to resignation


10.  Community Child Protection Team Board - 1 vacancy due to resignation



Chairman Hawkins reminded the Board of the following vacancies and opened the floor to nominations:


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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.

Commissioner Gordon nominated Tony Engel for the Kanuga area, and Janice Brown for the East Flat Rock area. Commissioner Kumor made the motion to suspend the rules and appoint Mr. Engel and Ms. Brown. All voted in favor and the motion carried. 


3. Henderson County Partnership for Children - 1 vac.

The statutes do not require that a Commissioner serve on this board. It was decided that since the County Manager already served on the Board, it would be removed as a vacancy. 


4. Henderson County Planning Board - 1 vac.

There were no nominations at this time so this item was rolled to the next meeting.


5. Juvenile Crime Prevention Council - 26 vac.

The Youth Development Board and the Youth Services Advisory Committee will be combined into this one committee. Commissioner Kumor stated that she would like to serve on this Board. The following people were listed as suggested representatives: Kohlan Flynn, Ben McKay, Eric Summey, Jeff Hunt, Richard LaGrange, Polly Penland, Liston Smith, David Nicholson, Robert Cilley and Shelia Devine. Commissioner Moyer  made the motion to appoint the above listed individuals and Commissioner Kumor. All voted in favor and the motion carried. 


6. Commission Boards/Committees - 2 vac.

The Asheville/Buncombe/Henderson Water Authority has been researched regarding former Commissioner Vollie Good=s appointment to the Board. Staff requested that they be given time to hear from ABHWA=s attorney regarding Henderson County=s appointment. 


The Library Board was also researched to determine whether a Commissioner position was a statutory requirement. The position is not required by statute, but is in the by-laws. A Commissioner may serve on the Board as an ex-officio, non-voting member. 


Tax Collector=s Report

Terry Lyda presented two reports to the Board. The first was the regular Tax Collector=s Report.


The second was the Tax Collector=s Report regarding the AReport of Unpaid  Taxes that are Liens on Real Property as required by N.C.G.S. 105-369(a).@ In accordance with N.C.G.S. 105-369(a) advertisements of tax liens on real property for failure to pay taxes were reported for January, 1999. The 1998 total Tax Collector=s charge was $32, 991, 540.17, releases were $179,233.54, payments were $29,360,313.06 and unpaid taxes totaled $3,451,993.57. The percentage collected through January, 1999 was 89.54%.  Effective January 1, 1985, Ch. 1013 (H1676) amended N.C.G.S. 105-369 to provide that tax liens need to be advertised only once. A taxing unit may choose to advertise the tax liens more than once, but it is not required to do so. The list must still be posted at the courthouse or City Hall door, and it must be

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advertised in one or more newspapers having a general circulation in the taxing unit. The advertising may be done at any time from March 1 through June 30. Mr. Lyda=s recommendation was that unpaid tax liens be advertised once, on May 17, 1999, the third Monday in May. His reasons were: (a) our tax statements sent to the tax payers tell them that as long as their taxes are paid by April 30, they will not be advertised; and (b) the Times-News states that they must have ten full working days for preparation of the advertisement.


Chairman Hawkins questioned how the collection percentage was computed at 89.54% given that the Motor Vehicle percentage was listed at 75.95% and the annual bills were listed at 90.81%. Mr. Lyda stated that it was due to DMV errors, and the different billing cycles for motor vehicles versus real property.


Chairman Hawkins suggested that the Board consider that the advertising be done in March versus May  so that any pending foreclosure processes could be started sooner. Following discussion, it was decided that Mr. Lyda would be present at the next meeting to present the pros and cons of advertising the liens in March versus May. 


Chairman Hawkins confirmed that judgements were to be filed with the Clerk of Superior Court very shortly. He also questioned whether or not the Stars computer was on line. Mr. Lyda stated that it was on line except for the telephone, which is scheduled to be set up on February 4.


Commissioner Ward asked about Cranston Print Works. $11,000,000.00 worth of equipment has been cleared out of the building. Mr. Nicholson stated that he had spoken to Robert Baird regarding the situation. Commissioner Ward requested that Mr. Baird and Mr. Lyda meet to discuss and take care of the situation prior to the budget deliberations, especially as it affects the Fire Departments.


Cardiovascular Health Grant Award

Tom Bridges introduced those people in the audience that collaborated in this grant effort. He stated that  the $450,000 grant designated Henderson County as the lead county out of 17 counties in the western region. The current installment is $50,000 for this year, and $100,000 for the next four years. Chairman Hawkins questioned the 20% match in local funds, which Mr. Bridges stated may be in-kind. Commissioner Kumor made the motion that a Cardiovascular Health Program be established in Henderson County. All voted in favor and the motion carried.


Transportation Development Plan

Several years ago the Board of Commissioners appointed Western Carolina Community Action as the County=s coordinated transportation provider. WCCA created Apple Country Transportation to provide this service. This service, in accordance with NCDOT regulations,  must provide a four year transportation plan. Jeff King, Transportation Coordinator with Apple Country Transportation, presented the plan.


Robbie Sarles, President of RLS and Associates, was on hand for a portion of the presentation. NCDOT requires that each county develop a Community Transportation Services Plan. For this plan, RLS first inventoried all the transportation providers in the county. They determined the number of vehicles each had, what type of services they provided, who they served, and what it cost.

February 1, 1999


Secondly, they assessed the amount of current need for transportation services, as well as the unmet need.  The results of this assessment listed six major goals for transportation within the county. First was to coordinate transportation services among the current providers. Second was to meet the transportation needs of the elderly, the disabled, and members of the general public who are without private transportation. Third was  to meet the demand for same day/next day medical trips. Fourth was to create a fixed route public transportation service within the City of Hendersonville. Fifth was to improve transportation services relative to employment, and finally sixth was to strengthen the use of volunteer drivers within the county.


The Community Services Transportation Plan is designed to guide the transportation services over the next four years. A recommended transportation plan was created that addressed all these issues in the following ways. The  plan calls for the formation of a Brokerage System and Mobility Manager. The function of this position is to work with all transportation providers in the county, and to facilitate in their coordination and cooperation. It provides for the addition of more same day/next day services for participation agencies. It plans for the establishment of a Volunteer Provider Network, which would be coordinated by the Mobility Manager.


The plan includes increased coordination between participating agencies for such things as joint training, vehicle sharing, or joint purchasing opportunities.  Another component is the addition of non-agency sponsored trips. This addition would be for the general public who lacked other means of transportation.  The final part of the plan recommends that we continue to work with neighboring counties regarding employment transportation and medical transportation.


There was discussion regarding how many people are currently being served. The passenger per hour ratio in Henderson County is 5.37. Industry wide that average is around 3. This indicates that productivity is higher than average, and that trips are being grouped well. 


Tonight=s presentation was for information sharing only. This item will appear at the next meeting for final consideration.


PUBLIC HEARING - Proposed Motor Sports Facilities Ordinance

Commissioner Ward made a motion to go into the Public Hearing. All voted in favor and the motion carried. The Board of Commissioners scheduled for this date a public hearing on the proposed Motor Sports Facilities Ordinance.


Public Input

1.         Kay Blackwell - Ms. Blackwell requested that the Board initiate and declare a raceway moratorium. This was requested to give everyone involved time to make an educated decision regarding the ordinance. She also stated that everyone involved needs to be allowed the same rights in giving their opinion on the proposed ordinance.


2.               Bill Eadie - Mr. Eadie urged the Board to place a moratorium on the racetrack so that they would not be pressed by time constraints when writing the proposed ordinance. He proposed that the

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ordinance contain a specification that the track developers must purchase any property that falls within the radius set by the Board as the minimum distance from a residence.


3.               Keith McKinney - Mr. McKinney stated that he sees three problems with the ordinance as it is currently written. First, the residential density of 300 dwellings within a half mile would be better set at 200. Second, 1500 feet from a home is too close. Finally, is the hours of operation. Currently, only Sunday night is restricted by the ordinance. He requested that a new moratorium be enacted on motor sports facilities.


4.               Jackie Eady - Ms. Eady stated that she is representing Carla Rodeo, who was unable to be at the meeting.  She stated the residential density proposal of 300 is too high. She requested that a new moratorium be enacted on motor sports facilities.  


5.               Mick Freeman - Ms. Freeman asked that the 1,500 foot limit be raised to at least one mile. She also suggested that the issue might best be put to the voters. She requested an extension on the moratorium.


6.               Tony Paranio - Mr. Paranio brought in a report earlier in the day for the Board of Commissioners. He stated that the only suitable area in Henderson County for a racetrack would be in the Naples/Fletcher area or in Mills River. He restated that the 1,500 foot limit was far too small and requested that the ordinance not be enacted at this time, but that a 90 day moratorium be enacted.


7.               Sam Fritchner - Mr. Fritchner noted the two different standards for Saturday and Sunday. He stated that for many in the community, Saturday is their Sabbath. Mr. Fritchner requested that the density requirement not stop at the county line, but allow the radius to encompass all situations. He asked that the residential density allowance be changed from 300 to 200. He also stated that an ordinance can be changed at a future time to make it less restrictive, but that you can not make it more restrictive.


8.               Janice Moore - Mr. Moore requested that a 90 day moratorium be enacted.


9.               John Justice - Mr. Justice requested the ordinance contain a minimum two mile radius from sensitive institution such as hospitals, schools, etc., as well as a 200 residential density allowance. He requested that anyone applying for a permit to build a motor sports facility be required to provide the necessary proof that the ordinance is being obeyed and urged that a moratorium be enacted to allow more time to write the ordinance.


Jennifer Jackson spoke regarding a summary sheet which listed the current  provisions of the Motor Sports Facilities Ordinance, comments made on the meeting held January 20, 1999, and staff comments. The Ordinance would initially apply in all unincorporated areas except for the ETJ. This does apply to all zoned and unzoned areas. In cases where more than one ordinance is in force, the more restrictive will apply. She stated that the purpose clause should be examined at the end to ensure consistency with the ordinance. It was pointed out that as written, the ordinance is not to protect residents from the standpoint February 1, 1999


of site standards. Protection is provided through the minimum separation and the density requirements. Related to that, imposing site standards would minimize the effect on schools, libraries and churches. The

impact on residences would also be minimized. Finally, the Motor Sports Facilities definition was clarified to state that temporary events, such as tractor pulls were separate, but could be considered as appropriate.


Additional questions which were raised at the January 20 meeting included a comment concerning the size of the parcel and whether the size was being properly considered. Currently, the minimum separation is measured from the edge of the property line. On residential density there was a question on whether the 300 density limit was a correct number. These are based on map sheets, which include a condominium, a single family dwelling unit, a manufactured home which has been made part of the real property, a manufactured home which is still personal property, and a modular unit. There was also a comment on residential density, questioning that that may not be the best way to regulate if it is redundant with the minimum separation.


Under specific site standards, there was concern over hours of operation. It was suggested that if the Board wished to modify the language to deal with the hours of operation, they might ask the applicant to submit a proposed schedule of operation with their application. In the site standards section of the ordinance, the hours of operation could be changed to include mandatory requirements such as no more than three continuous days of racing, for no more than six hours a day, and no more than five days in any calender week.        


Staff proposed that language be added in the specific site standards section as well as in general site standards section to contain the following: AIn evaluating whether the specific or general site standards have been met the Board may consider the following@, Athe size and type of racing events, the size of the parcel, the residential density, the frequency of the racing events or any other relevant factor.@ Also in the specific site standard section, a sentence should be added which deals with the burden of proof  issue. The burden of proof should fall to the applicant on specific site standards.


Staff also proposed a change in the general site standards. In addition to the current requirement that they must minimize economic, noise, glare and odor effects, staff would like to add dust effects in case there are tracks that are operating on dirt surfaces.  


A comment which has been raised by the public deals with the penalties and enforcement section. The ordinance provides for equitable remedies which would be an injunction or order of abatement. Criminal penalties would be handled through the Sheriff=s Office and the District Attorney=s Office, and civil penalties which include penalty payment and orders of compliance. With all three remedies in place, staff feels the tools are adequate to allow proper enforcement.


Mrs. Jackson spoke again on the issue dealing with the effect on residences being minimized if site standards were imposed. The Board could consider a permitting process for the geographical area between 1,500 feet and the two miles if there are residences within that area, but not any schools, churches or libraries. As it stands they could not consider the residences located within that geographical area. If the Board does wish to consider those residences, it would be appropriate to have a special permit available February 1, 1999


for those situations where there is any residence within that two mile geographical area.


Commissioner Gordon expressed concern about the density requirement, and exactly how that would be counted. She was pleased with the staff proposal on hours of operation, stating that it gives more flexibility. She questioned the definition of a AMotor Sports Facility@, and hopes to takes care of that through the use of special use permits. She feels that considering the moratorium and allowing time for an additional workshop would be the best option.


Commissioner Moyer supported Commissioner Gordon=s opinion that the moratorium be passed to allow time for a workshop. He stated that the definition of a AMotor Sports Facility@ needs to be clarified. He supported the staff recommendation of changing Section 6, a3, to help deal with the residential density issue as well as the minimum distance requirement. He also supported the staff proposal on hours of operation.


Commissioner Kumor questioned the issue of going beyond the boundaries. Mrs. Beeker stated that it could be made a part of the ordinance, as the Board would not be regulating other counties, but would be taking their structure into account.


Commissioner Ward stated the he would like to have clarification on the difference between a major and a minor facility.


Chairman Hawkins summarized the opinions of the Board, stating that they would like to focus on the following: hours of operation, minimum distance requirements, imposition of site standards, density requirements, definitions of major and minor events, and ETJs. Chairman Hawkins stated that no further action would be taken on this, and a workshop would be scheduled.  


Commissioner Moyer made a motion to go out of the public hearing. All voted in favor and the motion carried. 


Proposed Moratorium on Motor Sports Facilities

Jennifer Jackson presented the proposed 90 day moratorium, which would be in effect until midnight on Sunday, May 2, 1999. It is a moratorium on the construction or operation of Motor Sports Facilities within the County of Henderson, which would prevent issuance of any permits by any department under the control of the Board of Commissioners. If an ordinance is adopted within the next 90 days, the moratorium would become null.


Commissioner Moyer made a motion to adopt the ordinance proposing a moratorium on the construction or operation of Motor Sports Facilities in Henderson County. All voted in favor and the motion carried.     

PUBLIC INPUT -Proposed Abandonment of Mud Creek Cemetery Road (S. R. 1165)

Several months ago, the Board was petitioned by Mud Creek Baptist Church and Joe Crowell Construction asking that the county request NCDOT to abandon and remove Mud Creek Cemetery Road from the state maintenance system. Since that time, they have requested that their petition be withdrawn so they can February 1, 1999


pursue the closing of the road with the Village of Flat Rock.


Commissioner Moyer made a motion to approve the withdrawal of the petition to abandon Mud Creek

Cemetery Road. Following discussion, all voted in favor and the motion carried.      


Jackson Village Manufactured Home Park

The Board received a letter and memorandum from the attorney for Roger Wolff, who is seeking to develop Jackson Village, a manufactured home park in the Hooper=s Creek area. They requested a public hearing on the moratorium as well as Mr. Wolff=s claim for vested rights. Staff advised that the letter and memorandum be considered a petition for a quasi-judicial proceeding. A date for this hearing will be set under AImportant Dates@.     


Draft of Manufactured Home Park Ordinance

Matt Matteson was present to present this draft to the Board. Mr. Matteson stated that this was just a draft, and that it should be finalized by the Planning Board within the month. Chairman Hawkins asked that the Board let Mr. Matteson know of any specific areas that the Board has concerns about.


Commissioner Ward expressed that he would like to have the Planning Board define Section 410,  Sedimentation Control, and Section 404.2, Vegetation Buffers. Commissioner Gordon asked the Board to give the Planning Department some guidance on development in the flood plain. Chairman Hawkins added that he had several items to have the Planning Board look into: vegetation buffers, the computation of the common area square footage, fire protection regarding the Fire Marshal=s authority to install dry fire hydrants, Section 413.03 regarding turnarounds, and erosion and soil control.



Commissioner Ward, having recently been appointed to the Facilities Committee, asked the Board for their input regarding what type of building they would like to see built. It was the consensus of the Board to discuss this item during a workshop.


Suicide Prevention Month    

The Henderson County Partnership for Health is making people aware of suicide, as one of the important issues in our community. Commissioner Kumor presented a resolution to the Board declaring February as Suicide Prevention Month. Commissioner Kumor made a motion to adopt this  resolution. All voted in favor and the motion carried.       


Property Tax Reconciliation                        

David Nicholson discussed the approach that will be taken to address this issue. First, is to address and develop the reporting requirements for the county=s computerized tax system. Second, is to make a procedural audit of the county=s tax system. This work is being done to clear up an audit exception which was in the audit.


Land-of-Sky Regional Recycling RFP

Commissioner Kumor stated that Land-of-Sky proposed that the region, through an RFP, seek a vendor to handle all recycling. They are interested in whether or not local governments are


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interested in participating. A response will help them define the scope of the RFP. She noted that all

questions regarding this issue should be directed to the Solid Waste Advisory Committee. 


Land-of-Sky Household Hazardous Waste

Land-of-Sky has done an in depth survey and analysis of household hazardous waste regional issues. They are seeking local government interest in a regional household hazardous waste program. Commissioner Kumor suggested the issue be sent to the Solid Waste Advisory Committee to get a recommendation on our participation level.                 



Commissioner Moyer asked the Board to add two existing dates to their list: February 4 is the LGCCA meeting on the T.I.P., and March 30 is the T.I.P. presentation at Blue Ridge Community College.  


A budget workshop for the Health Department and DSS was scheduled for Monday, February 22nd from 2:00pm - 4:00pm.


A catch-up workshop was scheduled for Thursday, February 11th from   2:00pm - 4:00pm. This workshop will deal with ETJ=s, TIP=s, facilities and flood plains.


The quasi-judicial hearing for Jackson Village Manufactured Home Park was scheduled for Tuesday, February 16th from 2:00pm - 4:00pm.


The Motor Sports Facilities workshop was set for Wednesday, March 3rd from 2:00pm - 4:00pm.                          


Commissioner 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)(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.  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 a claim.


3.   (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

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 investigate a complaint, charge, or grievance by or against an individual public officer  or employee. 


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.


Action following Closed Session

Chairman Hawkins made a motion to approve closed session minutes for the following meetings: January 5, 1998, January 21, 1998, February 18, 1998, and March 2, 1998. Commissioner Moyer requested that since he was not on the Board when those meetings were held, that he be excused from voting on those sets of minutes. Commissioner Gordon made the same request. Chairman Hawkins made the motion that the request be denied. The motion carried with Commissioners Ward, Kumor and Hawkins voting aye.


Commissioner Moyer requested that for the record, the minutes reflect that he requested to be excused from voting, and that the request was denied. Commissioner Kumor called the question on the approval of the minutes. The motion carried with Commissioners Ward, Kumor and Hawkins voting aye. 


There being no further business to come before the Board, the meeting was adjourned.






                                                                                                                                                              Elizabeth W. Corn, Clerk to the Board

Grady Hawkins, Chairman

Minutes prepared by Amy Brantley