APRIL 5, 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: Planning Director Matt Matteson, Planner Karen Collins, Finance Director J. Carey McLelland, Staff Attorney Jennifer O. Jackson, and Public Information Officer Chris S. Coulson.


Chairman Hawkins called the meeting to order and welcomed all in attendance. He explained that we are in the process of installing new video production equipment in the meeting room which had disabled our public address system temporarily. He stated that all would speak up so those in attendance could hear the proceedings.


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


Bob Dutton, Director of Discipleship Training for Carolina Baptist Association, gave the invocation.


Commissioner Moyer asked that Discussion Item AE@ be moved up to follow the Staff Reports - AManufactured Home Park Ordinance@.

He also asked that two items be added under Discussion Items as:

AG@ - ADr. Swing Zoning Issue@ and

AH@ - AMedicaid Cost Shifting@.

Commissioner Kumor asked that an additional item be added to Staff Reports AF. Update on Pending Issues - Legislative Issues@ about Senate Bill 596.

David Nicholson asked that item AA@ under Discussion Items be deleted and rolled to the mid-month meeting AReport from Community Advisory Committee@ as Mr. Jack Reed could not be with us tonight.

It was the consensus of the Board to make these adjustments.


Commissioner Kumor made the motion to approve the Consent Agenda. All voted in favor and the motion carried. CONSENT AGENDA included the following:

Road Petition (Addition to State Maintenance System) Crabapple Circle

A road petition had been received from the developer, Charles W. Crimes, to have Crabapple Circle added to the State Maintenance System. This road is located in the Grimesdale Subdivision off Brookside Camp Road.

It has been the practice of this Board to accept road petitions and forward them to NC Department of Transportation for their review.

Tax Collector=s Report

Terry F. Lyda, Henderson County Tax Collector, had supplied the monthly tax report as of March 31, 1999 for the Board=s review.

Henderson County Financial Report - February 1999

The February 1999 Financial Report was provided to the Board for information only. No action was necessary.

Henderson County Public Schools Financial Report - February 1999

The February 1999 Financial Report was provided to the Board for information only. No action was necessary.

Request for Improvement Guarantee for High Vista Falls

Subdivision, Phase II

An Application for Subdivision Improvement Guarantee dated March 25,1999, had been submitted by K&M Development Resources, Inc., the company that is developing High Vista Falls Subdivision. By way of this application, the Developer requested permission to post a subdivision improvement guarantee to cover the estimated cost of the road and drainage, water, and sewer improvements for Phase III of the proposed major subdivision. High Vista Falls is a major subdivision located off NC Highway 191 in Henderson County. Maps were included for the convenience of the Board in locating the subdivision. This developer has been granted improvement guarantees for Phases I and II of the subdivision.

Pursuant to Section 170-39 of the Henderson County Code, a Developer may, in lieu of completing all of the requirements within the subdivision (i.e. completion of the road, drainage, water, and sewer improvements) prior to Final Plat approval, post a performance guarantee to secure the County=s interest in seeing that satisfactory construction of the incomplete improvements are accomplished. One type of permitted guarantee is an irrevocable letter of credit.

Peoples Bank has extended an Irrevocable Letter of Credit for the purpose of providing the improvement guarantee for the road, drainage, water, and sewer improvements in High Vista Falls in the amount of $250,000.00. This amount includes the amount listed on the cost quote plus the required additional amount of twenty-five percent. The Letter of Credit and a proposed Performance Guarantee Agreement were reviewed. The Staff Attorney has reviewed the Letter of Credit and the proposed Agreement and certified them as to form.

Planning Staff has reviewed the request and recommended approval in accordance with Section 170-39 of the Henderson County Code. The effect of the approval of this improvement guarantee is to allow Planning Staff to approve the Final Plat for Phase III of High Vista Falls subdivision prior to completion of the improvements. Staff requested Board approval of the application.


Chairman Hawkins stated that the two Boards listed for nominations are on the agenda later for a Public Hearing. Nominations will be revisited following the Public Hearing.


The Henderson County Sheriff=s Office had requested that Henderson County consider surplusing ten Federal Jetsonic Lightbars to Madison County. NCGS 160A-274 authorizes Henderson County to convey personal property to any other county upon whatever terms and conditions that Henderson County deems appropriate.

Chairman Hawkins met with Sheriff Erwin today to discuss this request. The lightbars in question no longer comply to OSHA standards and Sheriff Erwin would not recommend using them. Madison County is in dire need of some lightbars as they have none. They are aware of the standards and have made some arrangements to utilize these particular Federal lightbars on their vehicles. Sheriff Erwin requested that Henderson County sell the lightbars to Madison County for a nominal fee.

There was some discussion that some of our Volunteer Fire Departments in Henderson County (i.e. Bat Cave and Gerton) don=t have any lightbars. The lens could be changed from blue to red and utilize these bars in our county.

Following discussion, Commissioner Moyer made the motion to approve the request after giving our Fire Departments first refusal and checking to see if we have more than ten that are requested to be sold to Madison County. All voted in favor and the motion carried.


Tom Bridges, Director of Henderson County Public Health, informed the Board that at the March 2 meeting, the Henderson County Department of Public Health approved a Rabies Post Exposure Treatment Policy. The Department of Public Health requested approval of the proposed fee schedule as outlined by Mr. Bridges. The new policy and fees are necessary due to the increasing incidence of citizens exposed and needing treatment according to the guidelines of the Centers for Disease Control and due to the expensive medications required for treatment.

From 7/1/97 to 6/20/98, twelve patients were given post exposure rabies vaccine. The total expense to the Health Department for this was $6,819 and they collected only $2,310.

From 7/1/98 to 2/19/99, seven patients have been given post exposure vaccine at a total expense to the Department of $5,159 and only $1,162 was collected.

The average cost for an adult for this treatment is $1,092 and the average cost for a child is $833.75.

Commissioner Kumor made the motion to approve the request upon the recommendation of the Board of Health. All voted in favor and the motion carried.


In April of 2000, the Bureau of the Census will be conducting the 10 year census. This Census is important to Henderson County because many of our state revenues are distributed on a per capita basis. The Census Bureau encourages each community to establish a Complete Count Committee.

Mr. Nicholson explained that the goal of a local committee should include:

Some of the actions suggested for the local committee include:

government agencies, schools, and other community groups

David Nicholson explained that the Board should consider establishing a Complete Count Committee for Henderson County. The County staff has met with representatives of the municipalities who expressed an interest in working together on this type of effort. The Board should consider other community groups to involve. The League of Property Owners has already expressed an interest in assisting with this project. Mr. Nicholson asked the Board if Henderson County wished to take the leadership role?

Chairman Hawkins had addressed this issue with the Mayors of the municipalities in Henderson County.

Following discussion, it was the consensus of the Board to authorize the Chairman and the Manager to execute the presented AComplete Count Program Participation Response@.


Chairman Hawkins had requested that this item be placed on the agenda for this meeting in order to give the Board an opportunity to review the current procedure for the release of closed session minutes of the Henderson County Board of Commissioners. He also stated that the Henderson County Code is now on the Internet and these regulations are a part of that Code.

Angela Beeker presented a brief overview concerning the Procedure for Release of Closed Session Minutes in Relation to the NC Public Records Law and the North Carolina Open Meetings Law, stating that the Board of Commissioners adopted regulations to govern the release of closed session minutes in 1995.

Commissioner Moyer suggested that the Board have a quarterly review of the closed session minutes and unseal those that can be unsealed at that time.

There was much discussion with timeliness being number one in the Commissioners= minds. They felt that the sitting Board should approve all their minutes, that another Board should not be asked to approve minutes of a meeting they did not attend.

When reviewing the closed session minutes for approval, a decision could be made to seal those that should be and to unseal the others.

County Attorney Don Elkins was asked his opinion. He stated that he had no objection to unsealing the minutes as long as the Board found as a fact that the item under discussion was completed and the purpose would not be frustrated by the unsealing or release of the minutes.

There was discussion to go forward with this process but not to go back and unseal previous sets of minutes unless there is a specific request.

The Clerk puts each closed session item on a separate form so that if one item is unsealed, a remaining item could be kept sealed (i.e. personnel items).

Chairman Hawkins summarized discussion of the Board=s recommendations:

#1. Timeliness of getting minutes out of draft form, ready for possible release

#2. Approve closed session minutes and seal or unseal them at that time.

#3. Quarterly review of closed session minutes to unseal items where the purpose would no longer be frustrated.

Angela Beeker suggested changing the word Arelease@ to Aunsealed@ throughout the resolution and allow staff to modify the closed session minutes form to reflect that change.

Chairman Hawkins made the motion to change Arelease@ to Aunsealed@ Following more discussion, Chairman Hawkins withdrew his motion.

Staff was authorized to work on a procedure to bring back to the Board regarding this issue pursuant to discussion today.


Carey McLelland informed the Board that staff had requested and received two proposals to provide audit services for the fiscal year ending June 30, 1999 from the firms of Crisp Hughes Evans LLP and Dixon Odom PLLC. A proposal summary was presented for review.

Crisp Hughes Evans LLP proposed a fee of $36,000 to audit the county=s financial statements for the fiscal year ending June 30, 1999. They have also provided associated fees for the next four fiscal years if the County chooses to continue contracting with them. Dixon Odom PLLC, whom the County has contracted with over the past four fiscal years, proposed a fee of $41,500 to audit the June 30, 1999 financial statements. A standard contract, provided by the Local Government Commission, must be executed each fiscal year for audit services.

Crisp Hughes Evans LLP, who is the low bidder, is one of Western North Carolina=s largest providers of government financial services. They are a regional certified public accounting firm who has a strong commitment to the governmental sector. Mr. McLelland had received a copy of their current client list and resumes of the principals and audit managers in the firm, which he supplied to the Board.

Staff recommended that the Board consider contracting with Crisp Hughes Evans LLP to provide audit services for the fiscal year ending June 30, 1999 with an option to renew the contract for succeeding fiscal years.

Chairman Hawkins asked to see one of their audits from some other entity. He wants to review their format.

David Nicholson will get a copy of Haywood County=s audit for the Board=s review. This item will be back on the next agenda.


1. Legislative Issues

Medicaid - David Nicholson

Mr. Nicholson reviewed with the Board a letter from the NC Association of County Commissioners (NCACC) stating that counties could be mandated to match Medicaid services in mental health programs. The Governor=s proposed 1999 continuation budget contains a provision which, if approved, will cost the counties $3.3 million this coming year. Costs will continue to grow to approximately $17 million by FY 2002-03. The provision would establish a new requirement that the counties match 50% of the growth in the Special Medicaid Match Reserve, a fund set up last year to cover the non-federal share of costs of clinic services to Medicaid-eligible clients in the Area Mental Health Programs.

Mr. Nicholson reviewed a chart from NCACC showing that the DHSS Medicaid estimates for 1999-2000 for Mental Health only for Henderson County are $37,479 while for the year 2003 they are $187,325.

The NCACC voiced concerns about the provision when the issue was discussed this week in the Appropriations Subcommittee on Human Resources. Upon motion of Rep. Jim Forrester of Gaston, the issue was Aflagged@ for further consideration sometime in the near future. ABoth Representatives and Senators need to be contacted if you are concerned about this issue@ was the last sentence in the letter from the NCACC.

The Board of Commissioners was very concerned about this as well as any type of cost shifting in Medicaid.

Staff was directed to address letters to Local Legislators and the Governor regarding the Board=s concern.

House Bill #110

David Nicholson explained that Catawba County is asking that a local bill be introduced to levy additional sales tax of 1%. He asked if Henderson County Commissioners wished to contact their local representatives to be added to this local bill.

Following discussion, it was the consensus of the Board to be added to HB #110 but they prefer to have voter approval (referendum).

The Chairman was requested to send correspondence to local legislators and a letter to Bob Hibbitts, Chairman of the Catawba County Board of Commissioners stating the Board=s position.

Senate Bill #596

Renee Kumor explained that Jackson County is asking that a local bill be introduced to authorize Jackson County to levy an excise tax on conveyances. She asked if this Board was interested in being added to this bill as an additional option for revenue other than ad valorem tax.

Jackson County plans to use this 1 cent tax for infrastructure needs (i.e. water and sewer). Thirteen counties in NE North Carolina have a land transfer tax.

Staff was asked to track this bill=s progress and report the same to the Board.

2. Blue Ridge Community College Auditorium

Angela Beeker distributed a hand out regarding background information relating to the Allied Health Building of Blue Ridge Community College (BRCC).

This item originally came to the Board in October of 1992. Dr. Sink appeared before the Board and advised them regarding upcoming State Community College Bonds. BRCC would receive $10 million for the Henderson County campus which would be used for an Allied Health Building and Center for Life Long Learning. Dr. Sink informed the Board that the State must have an indication from each County Manager as to whether the Board of Commissioners was willing to pick up the tab for maintenance and ongoing operations. Commissioner McKay voiced reservations regarding long term commitment at that time.

By consensus, the Board directed the County Manager at that time to draft a letter of endorsement with qualifications that this would not be a commitment for future boards. The Board directed that the draft be brought back to the next meeting.

On November 2, 1992, the draft letter was presented to the Board. The County Manager recommended not sending the letter but signing the form that was submitted instead.

By consensus, the Board approved the County Manager signing the forms as presented. The forms stated AThe County Commissioners, of the county in which this request will be situated, intend to support, to the extent possible, the above request for operation and maintenance costs...@

On October 20, 1993 the draft resolution supporting the State Bonds was presented to the Board of Commissioners and the Resolution was adopted with amendments. The words Asupports the upcoming State Bond Referendum to be held on November 2, 1993 and@ were deleted.

On November 20,1996, a joint luncheon meeting with BRCC Board of Trustees was held. A presentation was given by BRCC regarding the Allied Sciences Building with an estimated cost of $7 million. It was mentioned in the meeting the County=s responsibility for upkeep of the facility. No action was taken by the Board of Commissioners.

On March 2, 1998, BRCC presented a maintenance plan pursuant to the Board of Commissioners request. It contained a $2 million line item for the Allied Health and Human Services Building Auditorium. No action was taken by the Board of Commissioners.

Recently BRCC has indicated that they are interested in expanding their auditorium from 465 seats to 1100 seats. The Board would be required by State to supply funds for maintenance of this facility if it is built. The Board of Commissioners must decide whether they support this auditorium expansion and if so, how to fund it.

Much discussion followed with the Board discussing the following options:

1. Express that they want no part of the proposed expansion and therefore the community must come up with an additional endowment for the maintenance of the addition, if built.

2. Support the initial efforts but cannot support the expansion efforts and associated on-going costs.

3. Support the proposed expansion and agree to fund the additional maintenance costs associated with the addition.

The Board felt it was important to make their feeling known to BRCC before BRCC goes out with a major fund raising campaign, only to discover that once built there is no money to fund the operational costs of the facility.

The Commissioners requested staff to continue to research the issue to see if approval was given by the former Commissioners regarding the construction of the initial auditorium. A signed copy had not been produced of approval by a prior Board of Commissioners for prior construction. If approval was given and the initial 465 seat auditorium built, then Henderson County would be obligated to funding the maintenance of the facility but would not have to buy into the proposed expansion and those on-going costs.

Don Elkins stated that the Board might want to revisit the Statute governing this issue to see if there might be some exceptions.

Chairman Hawkins asked that this item be placed back on the agenda for the mid-month meeting and that Dr. Sink be asked to appear to answer questions.


Chairman Hawkins called a ten minute recess.

3. City Sewer Discussions

City of Hendersonville and the Village of Flat Rock have indicated that there are some sewer issues that they would like to discuss with Henderson County. Chairman Hawkins and Commissioner Moyer met with representatives of those municipalities regarding sewer issues. The way the line is coming in, there is an obvious natural gravity flow which would feed into one of the lines that Henderson County owns. The current plan that the City of Hendersonville and the Village of Flat Rock are looking at is taking the line via pump station back into the line and then on down to the treatment plant. Mayor Niehoff offered, as City representative, in consideration for adjustment of the transfer fee collected by the County, that the City maintain the lines.

Commissioner Moyer wants to enter into negotiations with the City of Hendersonville regarding the sale of sewer lines to the City if we can get certain conditions:

1. An agreement to set up some type of sewer planning or advisory board to make sure that future sewer line extension needs in the County will be taken care of.

2. Re-examine the boundaries of the district.

3. Review and insist on termination of the County=s rights and obligations under the 1986 Sewer Agreement.

4. County get reimbursed for any monies for the line - the City would pay if they take over the line.

5. Try to get rate protection for County residents.

Following much discussion on this issue, Commissioner Moyer made the motion that Henderson County proceed to negotiate with the City of Hendersonville regarding the sale of the interceptor line with the following conditions and that any proposed agreements be brought back to the Board of Commissioners and voted on:

All voted in favor and the motion carried. The Chairman will continue to work with Mayor Niehoff.

4. Jail Update

Commissioner Kumor informed the Board that she had a listing of all the meetings that will be occurring with Grier-Fripp regarding the construction of the jail. She will copy that list and put in each of the Commissioners= boxes.

She will also provide them with a list of the volunteers and what they are doing regarding this jail project.

David Nicholson discussed briefly the site work needed for the construction and stated that the site work will be in one contract and the construction will be in another.


Karen Collins reminded the Board that on March 29, 1999, the Board of Commissioners held a public hearing on the proposed Manufactured Home Park Ordinance. Following the hearing, the Board held a work session and directed staff to make minor changes to the Ordinance as discussed during the hearing and the work session. Staff had prepared a revised draft of the Ordinance that reflected those changes. Most of the changes relate to making language in the Manufactured Home Park Ordinance consistent with similar language in the proposed Subdivision Ordinance. Other changes included clarifying certain requirements, removing duplicated language, modifying the revocation section, and general housekeeping items (fixing typos, incorrect section references, etc.).

The Board of Commissioners also directed staff to study the issues of exempting migrant housing developments from the definition of manufactured home park and establishing a limit on the number of pre-1976 manufactured homes (also known as mobile homes) which would be allowed in parks developed under the proposed ordinance. Staff has worked on these items but had not proposed specific changes. Such changes to the draft would require another public hearing. Within the next 90 days, staff expects the Planning Board to propose amendments to the Zoning Ordinance related to manufactured home parks as well as some necessary companion amendments to the Manufactured Home Park Ordinance. If the Board of Commissioner wished to adopt the current draft of the Ordinance but would also like to see amendments related to migrant housing and older units, staff could prepare such amendments and have the Planning Board review them at the same time as the Zoning Amendments and then the Board of Commissioners could hold one hearing on all of the amendments. Otherwise, the Commissioners could wait to adopt the current draft of the proposed Manufactured Home Park Ordinance until changes related to migrant housing and older units could be considered. The Commissioners would then need to have another public hearing prior to adopting the full Ordinance with such changes.

If the Board was comfortable with the revised draft of the Manufactured Home Park Ordinance, it could choose to adopt it as presented. If adopted, the Board would need to set an effective date for the Ordinance and designate an Ordinance Administrator. In addition, the Board should adopt a resolution setting the fees associated with the Ordinance.

Karen Collins distributed a brown sheet which summarized all the changes to the Ordinance.

There was discussion regarding:

three homes constitute for a minor park and there was discussion regarding changing that number

Commissioner Moyer made the motion to approve the Manufactured Home Park Ordinance with the change to Section 404.2 above.

Following additional discussion, Commissioner Moyer amended his motion to change A3" to A5" in Section 200.13 as the number of homes to constitute a minor park. All voted in favor and the motion carried.

Commissioner Hawkins made the motion to make the effective date of the Ordinance April 7, 1999 at 12:01 a.m., to authorize the County Manager to appoint an Ordinance Administrator, and to establish the fee schedule as presented with item one changed to reflect that parks up to 30 units have a flat fee of $50 and parks of 30 units and above have a flat fee of $200. This fee structure could be reviewed at budget time. All voted in favor and the motion carried.


David Nicholson informed/reminded the Board of a couple of dates:

April 12 @ 11:00 a.m. will be the opening of the Edneyville Library.

April 19 @ 3:00 p.m. a retreat workshop is scheduled on committees, goals and objectives, and Mediacom.

April 22 @ 4:00 p.m. is a Sheriff Dept./Budget workshop.

Meeting with BenchMark

The Board had scheduled a meeting with the Planning Board and Benchmark concerning the rewrite of the zoning ordinance for March 26, 1999 at 1:30 p.m. Representatives from Benchmark will not be able to attend a meeting on that date.

The Board canceled the March 26 meeting and Mr. Nicholson reviewed some future available dates given to him by Benchmark.

He felt that 1 hr. to 1 2 hours should be set aside for that work session.

It was the consensus of the Board to set the joint meeting for May 4 at 10:00 a.m. in room #140 for this joint Planning Board Meeting.

Set Public Hearing on Henderson County Planning Board Zoning Recommendations for Hoopers Creek Community

Following discussion, Commissioner Kumor made the motion to set the Public Hearing for May 3, 1999 at 7:00 p.m. All voted in favor and the motion carried.

Set Public Hearing on Proposed Subdivision Ordinance

Following discussion, Commissioner Moyer made the motion to adopt the Special Order Setting a Public Hearing on the Proposed Subdivision Ordinance for May 3, 1999 at 7:00 p.m. Applicable Special Rules to include:

All voted in favor and the motion carried.

Jennifer Jackson distributed copies of the revised Subdivision Ordinance, based on the last work session.

David Nicholson asked how many Commissioners plan to attend the upcoming District Meeting in Waynesville. Commissioners Kumor and Gordon plan to attend. The Clerk will make the necessary arrangements.

PUBLIC HEARING - To Consider Appointments to the Town of Fletcher=s Zoning Board of Adjustment and Planning Board

Commissioner Kumor made the motion that the Board go into Public Hearing. All voted in favor and the motion carried.

Jennifer Jackson reminded the Board that the Town of Fletcher recently exercised its extraterritorial jurisdiction (ETJ) authority and expanded its ETJ boundary. One of the requirements of a municipality exercising such authority is to provide proportionate representation to the citizens residing in the ETJ area. NCGS 160A-362 governs this representation and appointment process and provides that the Board of Commissioners must make appointments within the ETJ area. When a municipality extends its ETJ, the Board of Commissioners must hold a public hearing prior to making any appointments and may only consider applications which are submitted at or prior to the public hearing. The public hearing has been properly advertised.

By way of letter dated February 11, 1999 and the Resolution referenced in the letter, the Town of Fletcher has requested that the Henderson County Board of Commissioners make one appointment to the Zoning Board of Adjustment and one appointment to the Planning Board in order to accomplish the proportionate representation.

The Town of Fletcher, in a letter dated February 15, 1999, recommended that the Board of Commissioners consider Constance Stewart as a possible appointee to one of the positions that need to be filled. Ms. Stewart meets the residency requirement and has submitted an application which the Commissioners have all reviewed. Ms. Stewart indicated her willingness to serve on either the Zoning Board of Adjustment or the Planning Board. An application has also been received from Duane Gentle for the Fletcher Planning Board. He also meets the residency requirements and his application had been received and distributed to all the Commissioners.

Public Input

There was none.

Commissioner Kumor made the motion that the Board go out of Public Hearing. All voted in favor and the motion carried.

Chairman Hawkins asked that the Board go to item ANominations@ at this time.


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

1. Fletcher Zoning Board of Adjustment - 1 vac.

Commissioner Kumor nominated Connie Stewart. Commissioner Kumor made the motion to suspend the rules and appoint Ms. Stewart. All voted in favor and the motion carried.

2. Fletcher Planning Board - 1 vac.

Commissioner Kumor nominated Duane Gentle. Commissioner Kumor made the motion to suspend the rules and appoint Mr. Gentle. All voted in favor and the motion carried.


1. Bill Eadie - Mr. Eadie distributed copies of his prepared statement. He spoke on the proposed Motor Sports Facilities Ordinance. He asked the Board to consider extending the moratorium if they were not ready to adopt a truly protective ordinance.

He stated that a moratorium is better for Henderson County than a weak ordinance.

PUBLIC HEARING - To Consider Extension of the Manufactured Home Park Ordinance

This Public Hearing was canceled as the Manufactured Home Park Ordinance had been adopted at this meeting.


Mr. Nicholson had asked that this item be pulled as Mr. Jack Reed could not be at this meeting.


The Board had received a draft Motor Sports Facilities Ordinance which contained revisions requested by the Board of Commissioners at its work session on March 3, 1999. This work session followed a public hearing which was held on this draft ordinance on February 1, 1999.

Jennifer Jackson informed the Board that there have been a few revisions initiated by Staff that have been made in order to clarify the provisions of the draft ordinance or to correct typographical errors. She stated that Staff was seeking some direction from the Board on some issues that are likely to arise regarding expansion of permitted facilities.

In the event that the Board does not choose to adopt the draft ordinance, Staff will request that the Board set a public hearing on an extension of the Motor Sports Facilities Moratorium which is due to expire at midnight on May 2, 1999.

Mrs. Jackson distributed an Expansion Chart for review and discussion. She also reviewed briefly the changes that had been made to the most recent draft Ordinance.

There was much discussion regarding expansion of permitted motor sports facilities. It was the consensus of the Board that if a minor facility wished to expand to a major facility it would have to apply for a new permit and also if a major facility wished to expand to 20% or more growth it would also have to apply for a new permit. There was brief discussion regarding revocation of permit and it was the consensus of the Board to ask Staff to bring back some language to add this to the ordinance.

Mrs. Jackson reminded the Board that they have a moratorium in effect until midnight on May 2, 1999. Staff will get the amendments to the Board for the April 21, regularly scheduled meeting. If the Board wishes to hold open the possibility to extend the moratorium so that the Board has an additional meeting for adoption of the ordinance (at the May 3 meeting) then a public hearing should be set to extend the moratorium.



The Ordinance Imposing a Moratorium on the Construction or Operation of Motor Sports Facilities in Henderson County was adopted by the Board of Commissioners on February 1, 1999. This moratorium was a 90 day moratorium and is due to expire at midnight on May 2, 1999.

The Board has received a draft Motor Sports Facility Ordinance and has held a public hearing and a work session on such ordinance. A revised Motor Sports Facility Ordinance has been presented to the Board at this meeting for consideration by the Board.

The Commissioners may wish to consider an extension of the current moratorium ordinance. If so, it would be appropriate to set a public hearing on such extension prior to May 2, 1999. The Board could set such public hearing for its regularly scheduled meeting on April 21, 1999 at 9:00 a.m. or for such other date and time as the Board would deem appropriate. A special order for setting such public hearing was provided for the Board.

Staff had prepared a draft moratorium ordinance for the Board=s purposes if it desires to set such public hearing. The draft moratorium ordinance does not include a definite extension period. The Board may wish to consider an extension of 30 days (to expire on June 1), 60 days (to expire on July 1), or 90 days (to expire on July 31). A legal notice has also been drafted and should be advertised in advance of the public hearing in accordance with NCGS 153A-323 prior to the Board of Commissioners taking any action on the extension.

Commissioner Kumor made the motion to set a public hearing for April 21 at 9:00 a.m. for a 30 day extension of the moratorium (to expire on June 1, 1999). All voted in favor and the motion carried.


Jennifer Jackson reminded the Board that they had adopted a Noise Ordinance on February 25, 1999. At the Board=s regular meeting on March 1, 1999, several citizens came and spoke during informal public comment concerning a desire to have Alicensed@ kennels exempted from the sound level limits contained in the Ordinance. The Board instructed Staff to prepare an amendment that would exempt licensed kennels from the regulations and to bring those amendments forward.

Mrs. Jackson reviewed the proposed amendment on page 6 of the ordinance with the Board. Staff had taken the liberty of adding the operations of the Henderson County Animal Shelter to the exemption. Mrs. Jackson also provided the Board with a chart from the North Carolina Department of Agriculture, Veterinary Division, which showed the classification of animal welfare facilities and the respective licensure and registration requirements.

Commissioner Kumor made the motion to adopt the Noise Ordinance with the amendment as presented by Jennifer Jackson on page six of the Ordinance. All voted in favor and the motion carried.


The Board of Commissioners had requested the authority from the State to change their residency districts to equalize the number of registered voters within each district. David Nicholson informed them that the General Assembly granted this authority during the closing days of last year=s session. Henderson County was added to the authorization that Moore County had received in 1995. A copy of both local bills was presented for the Board=s review. The current district lines were established in 1974 by the General Assembly.

Mr. Nicholson informed the Board that should they wish to consider exercising their authority to change the district lines, they have a number of options. The Board may wish to work on this project themselves. They could also consider including receiving input from the Board of Elections and their committee that recently reviewed the County=s precincts. The Board may wish to wait for the results of the 2000 Census before initiating any study.

Chairman Hawkins suggested waiting for the 2000 Census information. There was no objection.


Commissioner Moyer stated that this issue was before the Planning Board. It is an unusual situation, we only know of two in the county. The boundary line of a particular zoning area has gotten changed somewhere in the drafting of maps. Depending on what point in time you look at Dr. Swing=s property, it is zoned one way and at another point in time it is zoned another way.

Mr. Nicholson stated that we think this happened when we digitized our GIS maps. There is also the Flat Rock issue of them enforcing their own zoning at one point in time.

Don Elkins stated that he felt that the matter of zoning and the vested rights issue should be transferred to Flat Rock because we have no way of enforcing it.

Following discussion, it was the consensus of the Board to enforce the last action of the Board of Commissioners regarding the property line as indicated on the GIS map.

Commissioner Moyer made the motion to enforce the Henderson County Zoning Map and apply those guidelines. All voted in favor and the motion carried.


This had already been considered earlier in the agenda.


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)(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.

2. (a)(3) 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 v. Henderson County and Henderson County Board of Commissioners;

Hend. Co. 98-CvS-1630.

3. (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 or lease; or (II) the amount of compensation and other material terms of an employment contract or proposed employment contract.

4. (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.

Commissioner Kumor made the motion for the Board to go out of Closed Session. All voted in favor and the motion carried.

No Action was taken following Closed Session.

There being no further business to come before the Board, Chairman Hawkins adjourned the meeting at 10:15 p.m.




Elizabeth W. Corn, Clerk Grady Hawkins, Chairman