MARCH 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.

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, Public Information Officer Chris S. Coulson, and Health Director Tom Bridges.


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


Commissioner Kumor led the pledge to the American Flag.


Before the invocation, David Nicholson informed those present that William AJamie@ Jamison passed away. He asked those present to observe a minute of silence in his memory. David Nicholson gave the invocation.

Chairman Hawkins called attention to the fact that the Board had rearranged its agenda with INFORMAL PUBIC COMMENTS to follow the Public Hearing scheduled for 7 p.m.


Commissioner Kumor had put one item under UPDATE ON PENDING ISSUES - #1. Health Dept. Resolution. This was a proposal that the Commissioners adopt a Resolution that was dependent upon the Board of Health adopting a Resolution. The Board of Health had not yet met. It was the consensus of the Board to delete this item from the agenda and roll it to the next meeting.

Chairman Hawkins informed the Board that the Notification of Vacancies in the CONSENT AGENDA covers two vacancies for the Town of Fletcher Boards, the Fletcher Planning Board and the Fletcher Zoning Board of Adjustment. Prior to making any appointments we must hold a Public Hearing. The Board will consider this under Important Dates.


Commissioner Kumor made the motion to accept the CONSENT AGENDA. All voted in favor and the motion carried. The CONSENT AGENDA consisted of the following:

Notification of Vacancies

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

1. Fletcher Planning Board - 1 vac.

2. Fletcher Zoning Board of Adjustment - 1 vac.

3. Downtown Hendersonville - 1 vac.

Tax Collector=s Report

Terry Lyda, Tax Collector, presented his monthly Tax Report to the Board. The report stated the status of collection efforts as of this date and a breakdown of the progress made since the last report with steps taken to collect all unpaid property taxes.

Amendments to the Consortium Agreement creating the mountain area service deliver area:

1) Designation of a local administrative/fiscal agent for the Workforce Investment Act; and

2) Designation of a Workforce Investment Board to govern the WIA program at the local level.

Henderson County has been a part of a Service Delivery Area developed under the Job Training Partnership Act, consisting of Buncombe, Madison, Transylvania, and Henderson Counties, called the Mountain Area Service Delivery Area (SDA). The Agreement was modified in November of 1998 to incorporate Welfare-to-Work monies being received from the Federal Government. The Board was told at that time that a second proposed amendment would be forthcoming. This second amendment is the addition of the proposed new consortium agreement incorporating this amendment.

Approval and execution of the new consortium agreement will accomplish the following:

1. Include the Workforce Investment Act in the programs administered by the SDA.

2. Designate Chairman Hawkins as the chief elected official of Henderson County for

Workforce investment Act purposes.

3. Establish the Mountain Area Service Delivery Area Board as the Workforce Investment

Board to oversee the operation of the Workforce Investment Act. (There is an option of

creating a new Board; however, it is not recommended as the current Board and support

staff/infrastructure is already in place.)

The SDA requested approval of the consortium agreement as amended. A proposed resolution was also reviewed to effectuate this approval.

It is also necessary to designate an Administrative/Fiscal Agent for the Workforce Investment Act. Historically, Buncombe County has served in this role for the SDA.

Board action was requested to adopt the Resolution approving the Consortium Agreement as amended and to designate Buncombe County as the Administrative/Fiscal Agent.



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

1. Nursing/Adult Care Home Community Advisory Committee - 6 vac.

We have not received a recommendation from the Committee Chairman so this item was rolled to the next meeting.

2. Henderson County Zoning Board of Adjustment - 2 vac.

Two nominations had been made at the last meeting: Jim Miller for the Lake Summit area vacancy and James P. Clouse for the Bearwallow area vacancy. Both of these are alternate positions.

Commissioner Kumor made the motion to appoint Mr. Miller and Mr. Clouse for these positions. All voted in favor and the motion carried.

3. Henderson County Planning Board - 2 vac.

At the last meeting Tedd Pearce was nominated to the slot with a term expiration date of 5/01/99 plus an additional 3 year term which would make the term expire 5/01/2002. Gene Stuart Stepp and Rebecca Nesbitt were both nominated for the slot with a term expiration date of 5/01/00.

Commissioner Hawkins nominated Gene Stuart Stepp to the slot with a term expiration date of 5/01/99 plus an additional 3 year term.

Chairman Hawkins called for a vote on the term expiring 5/01/02. Ted Pearce got three of the five votes. Chairman Hawkins called for a vote on the term expiring 5/01/00. Rebecca Nesbitt got four of the five votes.

4. Henderson County Agriculture Advisory Board - 1 vac.

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

5. Henderson County Board of Health - 3 vac.

Commissioner Kumor nominated Vollie Good for the public position.

Commissioner Gordon nominated Jon Laughter for the same position.

Chairman Hawkins called for a vote and Jon Laughter got three of the five votes.

Commissioner Kumor nominated Dr. Kilgo for reappointment to the Optometrist position.

Commissioner Gordon nominated Ms. Clark for the RN position.

Commissioner Ward made the motion to suspend the rules and appoint both Dr. Kilgo and Ms Clark. All voted in favor and the motion carried.

6. Special Board of Equalization and Review - 2 vac.

Two nominations were made at the last meeting: Van Estes and William G. Ferrell.

Commissioner Hawkins made the motion to suspend the rules and appoint both these nominees. All voted in favor and the motion carried.

7. Mountain Valleys Resource Conservation & Development Program - 1 vac.

Commissioner Ward made the motion to move one of the current alternates (Drew Brannon) up to a regular member to fill the slot vacated by Mr. Heffner. This created one vacancy for an alternate. Commissioner Kumor made the motion to suspend the rules and make the appointment. All voted in favor and the motion carried.

8. Recreation Advisory Board - 3 vac.

There were four nominees at the last meeting: Terry Maybin, Ralph King, John Shepherd, and David Laidlaw.

The Clerk polled the Board and the appointees were: Terry Maybin (reappointment), Ralph King (reappointment), and John Shepherd (new appointment).

9. Juvenile Crime Prevention Council

Commissioner Kumor will check with one prospective applicant to see if he can meet on the days required, James J. Gaillard, Jr.

Commissioner Kumor nominated Leon Hill for a public slot. Commissioner Kumor made the motion to suspend the rules and appoint Mr. Hill. All voted in favor and the motion carried.

HEALTH DEPARTMENT - Smart Start Grants

Tom Bridges informed the Board that the Department of Public Health has been awarded two grants from the Partnership for Children (Smart Start) for the current fiscal year. The grants are as follows:

1. $41,684 to provide two Public Health Nurses to work in licensed day care centers and licensed day care homes to provide health assessments of children, health education to parents, and training of day care staff. These out reach efforts will be linked to private providers and other human services providers in the community.

2. $31,728 to provide one Dental Health Educator to provide dental health education and training to child care workers, preschool children, and to parents of preschoolers. In addition, a voluntary fluoride varnish program will be implemented in the medical clinics at the Health Department and at Blue Ridge Community Health Services.

If the Board chooses to approve these, Mr. Nicholson suggested that they be established as project employees. They will be paid for by Grant monies, no county funds.

Commissioner Moyer made the motion to establish three project employees as requested. Commissioner Ward questioned whether the Health Department had space for these new employees and asked about furniture. The two Public Health Nurses would be out posted so they wouldn=t need space at the Health Department but they would need some office furniture. The Dental Health Educator would be in house.

A vote was taken and the motion carried unanimously.


The Board of Commissioners heard a presentation from Apple Country Transportation and their consulting firm RLS and Associates on February 1, 1999 on their transportation development plan. The state has now reviewed Henderson County=s plan and the Board was requested to approve the plan.

Jeff King, Transportation Coordinator with Apple Country Transportation, presented the Transportation Development Plan. He distributed a hand-out of the Executive Summary and reviewed same with the Board.

As an addition to this plan, the Department of Social Services will receive an additional grant of $11,104 to transport Work First clients and other low income working passengers. Due to state time constraints, the County Manager has signed off on this program. The Board was requested to give final approval to the receipt of the funds.

During the Board=s previous discussion, Commissioner Gordon requested that staff research the legality of a county government=s involvement in transportation. Jennifer Jackson had written a memo referencing this issue. If Henderson County desires to directly provide a public transportation system it is specifically authorized to do so as a public enterprise under NCGS 153A-275. In addition, the County could participate in a regional public transportation authority created under Article 26 of Chapter 160A.

Following much discussion, Commissioner Hawkins made the motion that the Board approve the plan but no funding at this time. All funding will be dealt with during the Board=s regular budget deliberations. A vote was taken and the motion carried unanimously.

Commissioner Ward suggested the Chairman write a letter to the Chairman of the School Board about transportation needs. Staggered start times were briefly discussed for schools which would lessen the need for additional school buses. Chairman Hawkins thought that it might be appropriate to ask the Board of Education for an update on Chapter 8 of the Management America Study. He will send a letter to the Board of Education Chairman.


Jennifer Jackson distributed a packet including the Special Use Permit and all three amendments concerning Carriage Park development.

A letter was also submitted for review which was addressed to the Chairman from Luther Smith, dated February 17, 1999. This letter requested that the Board of Commissioners review the action of the Planning Board on March 31, 1998 as it relates to the Planning Board=s review of a preliminary plan for Section 10 of the Carriage Park development and the validity of the Planning Board=s internal policy for review of development plans with regard to easements.

Staff recommended that the Board of Commissioners schedule a quasi-judicial hearing in which to consider all issues raised by the attached letter for a date and time not earlier than mid April 1999. Staff would like an opportunity to meet with Carriage Park in an attempt to resolve this matter. If those attempts fail, Staff will discuss with the County Attorney which issues should be addressed by the Board of Commissioners at the quasi-judicial hearing. The Board should also consult with its County Attorney on the involvement of Commissioners Moyer and Gordon in this appeal since they both participated in the discussion and decision of the Planning Board on March 31, 1998.

Don Elkins requested some time to review this material due to the number of issues involved. He asked that this item be rolled to the next meeting at which time he will be ready to address it.


Grace Poli, a member of the DSS Board, informed the Board that the Department of Social Services (DSS) is requesting a new position that will be funded by the Henderson County Partnership for Children (Smart Start). Responding to community interest the Department of Social Services bid for and was awarded a Smart Start grant for a child care subsidy program. The amount of this grant for FY 98/99 is $125,000 and FY 99/2000 is $250,000.

This new position will be totally funded by Smart Start funds. The duties of this position are:

Wrap Around and the Smart Start programs.

Effective this March, the State is also transferring Head Start Wrap Around Funds through the Social Services. The funds amount to $125,000.

The Department of Social Services is committed to developing single portal of entry through a public/private partnership with the Child Care Resource and Referral Program and the Child and Family Resource Center.

This one position would be temporarily out posted at the Family Resource Center. This also would be a project employee.

Commissioner Kumor made the motion to approve one person as a project employee as outlined above for DSS. All voted in favor and the motion carried.



At its meeting on February 23, 1999, the Planning Board settled some minor, outstanding items regarding the proposed Manufactured Home Park Ordinance and voted unanimously (7 to 0) to recommend the draft ordinance (dated 2/23/99) to the Board of Commissioners.

Matt Matteson reminded the Board that they must hold a public hearing prior to taking action on the proposed ordinance. The Commissioners may also want to consider whether to hold one or more work sessions on the ordinance prior to or following the hearing.

The earliest regular evening meeting at which the Board of Commissioners could hold a hearing and meet the statutory requirements for notice is Monday, April 5, 1999. If the Commissioners want to hold the hearing outside of a regular evening meeting, the earliest date which would allow staff time to meet the notice requirements would be Monday, March 22, 1999.

Mr. Matteson stated that the Planning Board is still looking at a companion amendment to the Zoning Ordinance. We presently have a Zoning Ordinance that allows manufactured home parks in zoned areas. If this were adopted, it would not cover that until you get a companion amendment. The Planning Board will refer that. It should be ready in time for the public hearing. There is a moratorium in existence on selected manufactured home parks as defined and that expires on midnight April 6, 1999.

It was the consensus of the Board to hold this public hearing as a special called meeting. The Board will set this under Important Dates.


Blue Ridge Community College

Chairman Hawkins had received a letter from Dr. Dave Sink which he had distributed to all Commissioners.

Mr. Nicholson had spoken to Dr. Sink=s office and they are working on the break-down that the Board requested. We should receive it in the next few days.

Jennifer Jackson distributed a hand-out entitled ASummary of Statutory Requirements Regarding Community College Buildings and Recommended Action@. At the Board=s meeting last Thursday, Dr. Sink addressed the Board about the possible expanded project going from an approximate 500 seat auditorium to an 1100 seat auditorium. The Board had asked Ms. Jackson to bring some information back to the Board concerning the Board of Commissioners requirements regarding Blue Ridge Community College concerning buildings.

NCGS 115D-32 entitled ALocal financial support of institutions@ governs a county=s financial responsibilities for community colleges

The County is responsible for providing Aadequate funds to meet the financial needs of the institution for the following budget items (pertaining to plant):@

cost of maintenance and repairs of buildings and grounds

salaries of janitors, maids, watchmen, maintenance and repair employees

maintenance of plant heating, electrical and plumbing equipment

any other expenses necessary for plant operation and maintenance

This information was provided for the Board=s information only, no action was required at this time. Staff was asked to research and find out exactly what was approved by the Board of Commissioners regarding the 500 seat auditorium.

Chairman Hawkins called a 10 minute recess.

PUBLIC HEARING - Request to Amend the Official Zoning Map

Rezoning Application #R-06-99 Gary M. Sander, Applicant

Chairman Hawkins made the motion that the Board go into public hearing. All voted in favor and the motion carried.

Matt Matteson reminded the Board that they had scheduled for this date a public hearing on an application by Gary M. Sanders (#R-06-98) to amend the Official Zoning Map of Henderson County. Mr. Sanders has requested that the County rezone approximately 30 acres of property located in the Bearwallow Valley zoning area off Green Mountain Road, near Fruitland, from an RM-2 (rural mixed use 2) district to an RM-1 (rural mixed use 1) district.

On January 5, 1999, the Henderson County Planning Board voted unanimously (7 to 0) to send the Board of Commissioners an unfavorable recommendation on the request to rezone the subject property from RM-2 to RM-1. The Planning Board also voted to recommend against rezoning the parcel to any other district and also recommended against removing the parcel entirely from zoning.

In accordance with Section 200-76 of the Code of Henderson County and State law, a notice of the public hearing was published in the February 17, 1999 edition of the Times-News. A second notice was scheduled to appear in the Times-News on February 24, 1999. The Planning Department mailed notices of the hearing to the applicant as well as to the owners of adjacent properties on February 18, 1999. Also on February 18, 1999, the Planning Department posted two signs advertising the hearing on and near the subject property.

Public Input

1. Gary Sanders- Mr. Sanders came forward and distributed a written statement. He sat down and his wife came forward and read the prepared statement. Because of concerns in the community and in an effort to put these concerns to rest, they withdrew their request for rezoning at this time.

Commissioner Ward made the motion for the Board to go out of public hearing. All voted in favor and the motion carried.

Chairman Hawkins asked for discussion regarding withdrawal of Mr. Sanders request for rezoning. Following some discussion, Commissioner Moyer made the motion to grant the request to withdraw the petition. All voted in favor and the motion carried.


Commissioner Kumor made the motion to set a public hearing for 7:00 p.m. on April 5 on the Fletcher ETJ, Fletcher Planning Board, and Fletcher Zoning Board of Adjustment. All voted in favor and the motion carried.

Commissioner Kumor made the motion to set a public hearing for 5:00 p.m on March 29 on the Manufactured Home Park Ordinance. All voted in favor and the motion carried.

Chairman Hawkins reminded the Board that on March 25 at 3:00 p.m. will be the Prebudget/Policy meeting with Parks and Recreation. Following that will be Alliance for Human Services/Donations to Non profits workshop.

David Nicholson reviewed the funeral arrangements for William Jamison.

Mr. Nicholson also informed the Board that Mediacom has requested an opportunity to discuss and update the Board on the rebuild project in the Henderson County area. They would also like to discuss the current franchise at hand and talk about renegotiating the franchise. They will be happy to attend either a regular Board meeting or a special called meeting. It was suggested by staff that a joint meeting be set up for all the municipalities, the County, and Mediacom so that Mediacom will only have to make their presentation once. A date was suggested for March 30 at 2:00 p.m. Chairman Hawkins will take this target date to the LGCCA to see if that is OK with the municipalities.

Commissioner Moyer expressed that he hopes some discussion will ensue about local origination stations and Blue Ridge Community College. Commissioner Kumor agreed.

Commissioner Kumor stated that the Board has been getting letters from a neighborhood who is worried about their water. The last letter she saw requested that they be part of the Board=s agenda. She asked if they are being responded to. Chairman Hawkins has forwarded those letters to the County Manager. David Nicholson stated that the County Engineer has informed him that it is individual wells, not a community well. The City has said that they will look at the problem. The nearest public water is at Champion Hills. It would have to be pumped up the mountain plus they would need a storage tank. This would not be an inexpensive project to get public water to this community. We will be writing the residents and trying to schedule a meeting with the water department as well as the county engineer to see if we can provide them some assistance.


1. Brenda Cole- Ms. Cole asked for a written response. She didn=t understand how the noise ordinance came into being. She didn=t understand how you could enforce the noise ordinance in residential areas or in the country if you do not hold businesses accountable. She stated that her dog can be baited into barking for 10-30 minutes. She discussed rifles and target shooting and the fact that people sometimes target shoot for 30 minutes to an hour and a half. She felt that dogs were being targeted more in the noise ordinance and wanted to know why.

2. Rosie Nodine - Ms. Nodine is a Kennel owner and they think that their business should be exempt. She showed the Commissioners her State Inspection for her business. They are registered with the State of NC and they have business licenses.

3. Vicki Power - Ms. Power is also a Kennel owner. She stated that there may be a good end to a lot of the dog situations in Henderson County if you require that everyone be State Licensed - commercial boarding facility. That will make others who have too many dogs either have to be inspected or get rid of their dogs. Another way might be to dictate no outside boarding, everything has to be enclosed.

4. Jerry Pettersen - Ms. Pettersen spoke with the State Inspector (Michael Stiles) today. He only inspects licensed kennels or places of business. He comes and inspects the kennels once a year from the Department of Agriculture. Another thing that could be done is to talk with our legislators about getting the law changed so that you don=t have to be licensed to be inspected.

Commissioner Moyer asked the kennel owners AThe ordinance will only bother you during the day, at night you bring your dogs in and it will not be a problem?@ Ms. Pettersen agreed, she has not gotten complaints from her neighbors but is afraid that it could be a problem.

Chairman Hawkins reiterated that the Noise Ordinance does not take effect until July 1, 1999. He thanked the speakers for their valid points for the Board to consider.


Commissioner Kumor 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 accordance with and pursuant to NCGS 143-318.10 (e) and Article II of Chapter 11 of the Henderson County Code.

2. (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.


Chairman Hawkins called the meeting back to order.

Renee Kumor made the motion to approve minutes of the following closed session meetings:

May 4, 1998

May 20, 1998

June 17, 1998

July 7, 1998

July 15, 1998

August 19, 1998

Sept. 8, 1998

Sept. 16, 1998

Oct. 21, 1998

Commissioners Moyer and Gordon asked to be excused from voting since they were not on the Board during those meetings.

Commissioner Kumor withdrew her motion.

Chairman Hawkins made the motion to deny the request to be excused from voting. All voted in favor and the motion carried.

Commissioner Kumor again made her motion to approve the same sets of minutes mentioned above. All voted in favor and the motion carried.

Commissioner Kumor made the motion to approve the December 16, 1998 set of closed session minutes. All voted in favor and the motion carried.

There being no further business to come before the Board, the meeting was adjourned at 8:06 p.m.




Elizabeth W. Corn, Clerk Grady Hawkins, Chairman