STATE OF NORTH CAROLINA
BOARD OF COMMISSIONERS
COUNTY OF HENDERSON
JUNE 7, 1999
The Henderson County Board of Commissioners met for a regular 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: Finance Director J. Carey McLelland, Interim Planning Director Karen C. Smith, Planner Jake Gilmer, Environmental Planner Nippy Page, and Staff Attorney Jennifer O. Jackson.
CALL TO ORDER/WELCOME
Chairman Hawkins called the meeting to order and welcomed all in attendance. He explained that the format of the meeting would be a little different than usual. At about 6:30 the Board will haveAInformal Public Comments@. At 7:00 there will be a Public Hearing on the Budget.
PLEDGE OF ALLEGIANCE
Commissioner Kumor led the Pledge of Allegiance to the American Flag.
David Nicholson offered the invocation.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Hawkins asked that one item be added to the Consent Agenda,AResolution of Appreciation for Louise H. Bailey@. Copies had been distributed to the Board.
Commissioner Ward asked that the one vacancy for Blue Ridge Community College Board of Trustees be moved toANominations@ for action at this meeting.
Chairman Hawkins made the motion to approve the Consent Agenda with the exception of the Blue Ridge Community College vacancy. All voted in favor and the motion carried.
The CONSENT AGENDA included the following:
Minutes were presented for the Board=s review and approval of the May 18, 1999 special called meeting.
Notification of Vacancies
The Board was notified of the following vacancies which will appear underAnominations@ on the next agenda:
1. Blue Ridge Community College Board of Trustees - 1 vac.
(This was moved toAnominations@ under adjustment of the agenda.)
2. Nursing/Adult Care Home Community Advisory Committee - 1 vac.
3. Mtn. Valleys Resource Conservation & Development Program - 1 vac.
Road petitions had been received for addition to the State Maintained System for the following:
1. Leibestraum Drive (off Ray Hill Rd.)
2. Oakwood (ext. SR #2055)
It has been the practice of this Board to accept road petitions and forward them to NC DOT for their review. It has also been the practice of the Board not to ask NCDOT to change the priority for roads on the paving priority list.
Tax Collector=s Report
The Tax Collection Report was submitted for the Board=s review, as of May 31, 1999.
Henderson County Public Schools Financial Report - April 1999
The Financial Report for April 1999 was submitted for the Board=s review.
Henderson County Financial Report - April 1999
The School=s Financial Report for April 1999 was submitted for the Board=s review.
Plat Review Officer Resolution
NCGS 47-30.2 requires that all persons appointed as plat review officers be so appointed by resolution and that the resolution be recorded in the Office of the Register of Deeds. Plat review officers are charged with the responsibility of ensuring that all plats that are to be recorded comply with the plat requirements set out in the General Statutes. On September 17, 1997, the Board first adopted a resolution appointing certain named persons as plat review officers in accordance with NCGS 47-30.2. The Resolution adopted on September 17, 1997, also set out certain procedures that all plat review officers must comply with Copies of that Resolution and an excerpt from NCGS 47-30.2 were submitted for the Board=s review. The Board has from time to time updated the list of appointed plat review officers.
The Board was requested to again consider updating the list of those persons appointed as plat review officers to delete the couple of names of persons no longer employed by Henderson County. No new officers were proposed for appointment. A proposed resolution was submitted for the Board=s consideration in order to accomplish this update. The proposed resolution restates all of those persons currently appointed as plat review officers.
Staff requested that the Board take action to adopt the proposed Resolution in order to provide the Henderson County Register of Deeds with an updated list of review officers authorized to approve plats for recordation.
Proclamations - Nurse Assistants= Week and Career Nurse Assistants= Day
A proposed Proclamation was submitted requesting the Board to proclaim June 8-13 as Nurse Assistants= Week and June 9 as Career Nurse Assistants= Day and that all residents be urged to join the Board in recognizing the quality of care given to our citizens in long-term care facilities by Nurse Assistants.
Resolution of Appreciation for Louise H. Bailey
Chairman Hawkins requested that the Board adopt a proposed Resolution thanking Louise Bailey for her lifetime work to preserve the history of the people of Henderson County and commending her for her farsighted gift of her Archives to the College and the people of Henderson County. He had requested Dr. George Jones to make the presentation at the ceremony at Blue Ridge Community College.
Chairman Hawkins reminded the Board of the following vacancies and opened the floor to nominations:
Advisory Committee to Cane Creek Water & Sewer Authority - 5 vac. This had been previously listed as 5 vacancies. Chairman Hawkins stated that the Town of Fletcher has filled their two slots and the this Board has appointed Commissioner Gordon as our representative, leaving only two vacancies.
Commissioner Gordon nominated John Davis for the position designated as a resident of the district but not of the Town of Fletcher. Chairman Hawkins nominated Mr. Meadows for the other position. Commissioner Kumor made the motion to close nominations, suspend the rules and appoint these two persons. All voted in favor and the motion carried.
Blue Ridge Community College Board of Trustees - 3 vac.
Chairman Hawkins stated that on May 19 he received a letter from Joe Spearman indicating that Gene Kopf had resigned as a Trustee which left three vacancies on the Board of Trustees. Due to earlier action, it was the pleasure of this Board to vote on all three vacancies at this meeting.
Chairman Hawkins reminded the Board that there were four nominations from the last meeting: Russell Burrell, Fielding Lucas, Luke Rindal, and Robert Dowdeswell. He asked for any further nominations and there were none. He then asked the Clerk to the Board to poll the Board. Each Commissioner was allowed three votes from the four nominees:
Commissioner Ward - Lucas, Rindal, Dowdeswell
Commissioner Kumor - Burrell, Rindal, Dowdeswell
Chairman Hawkins - Burrell, Lucas, Dowdeswell
Commissioner Moyer - Burrell, Rindal, Dowdeswell
Commissioner Gordon - Burrell, Lucas, Dowdeswell
Both Burrell and Dowdeswell received four votes each with Lucas and Rindal each receiving two votes.
The Clerk polled the Board once again with each Commissioner getting only one vote from the two nominees:
Commissioner Ward - Lucas
Commissioner Kumor - Rindal
Chairman Hawkins - Lucas
Commissioner Moyer - Rindal
Commissioner Gordon - Lucas
Fielding Lucas received three votes and Luke Rindal received two. The three appointees were Burrell, Dowdeswell, and Lucas.
Henderson County Board of Health - 1 vac.
The M.D. on the Board does not wish to serve an additional term. This is a position that must be filled by an M.D. Commissioner Ward suggested that a letter be written to the Medical Association for a recommendation.
Library Board of Trustees - 1 vac.
Chairman Hawkins nominated Donna Ward. There were no other nominations. Chairman Hawkins made the motion to accept Donna Ward by acclamation. All voted in favor and the motion carried.
Mountain Area Workforce Development Board - 2 vac.
The two vacancies on this Board are for Chamber of Commerce nominees. No recommendations had been received from the Chamber so this item was rolled to the next meeting.
Hendersonville City Zoning Board of Adjustment - 1 vac. (alternate) None of the persons who have applied to serve on this Board are eligible for appointment to this position (residency requirement). There were no nominations at this time so this item was rolled to the next meeting.
A computer print out of the City=s ETJ was requested.
Nursing/Adult Care Home Community Advisory Committee - 5 vac.
None of the appointments could be made at this time. These are all designated positions and therefore are going through the necessary process.
Land-of-Sky Regional Council - Advisory Council on Aging - 2 vac. A letter was sent out on June 3 to Ms. McLane. We have not received her response back yet. There were no nominees so this item was rolled to the next meeting.
Environmental Advisory Committee - 9 vac.
The Board elected to appoint the nine members at this meeting and appoint a Chairman at the next meeting.
Commissioner Kumor nominated Katie Breckheimer and Barbara Neal. Chairman Hawkins nominated Roger Ambrose and Van Estes. Commissioner Ward nominated Art Cooley, Dan Waddell and Fielding Lucas. Commissioner Gordon nominated Susan Selleck and Robert Smith. Commissioner Kumor nominated Ken Weitzen.
The Clerk was asked to poll the Board with each Commissioner getting 9 votes out of 10 nominees:
Commissioner Ward - Ambrose, Estes, Smith, Cooley, Waddell, Weitzen, Selleck, and Neal. (8 votes)
Commissioner Kumor - Neal, Ambrose, Estes, Smith, Breckheimer, Waddell, Weitzen, Selleck, and Lucas. (9 votes)
Chairman Hawkins - Lucas, Ambrose, Estes, Smith, Cooley, Waddell, Selleck, and Neal. (8 votes)
Commissioner Moyer - Neal, Ambrose, Estes, Smith, Breckheimer, Waddell, Lucas, Weitzen, and Selleck. (9 votes)
Commissioner Gordon - Neal, Ambrose, Estes, Smith, Weitzen, Waddell, Cooley, and Selleck. (8 votes)
The Clerk was asked to tally the votes while the Board moved on to the rest of the nominations.
Smart Start - 1 vac.
Commissioner Kumor stated that the Co-Chairman, Grace Poli, of Smart Start had suggested a nominee - Miriam Plexico. Commissioner Kumor placed Miriam Plexico in nomination. There were no other nominations. Chairman Hawkins made the motion to accept Ms. Plexico by acclamation. All voted in favor and the motion carried.
Henderson County Juvenile Crime Prevention Council - 3 vac.
Commissioner Kumor explained that the Committee is still looking for eligible persons to fill the slots on this committee. There were no nominations at this time. This item was rolled to the next meeting.
Environmental Advisory Committee
The Clerk was asked to announce the results of the votes for this position.
Katie Breckheimer - 2 votes
Roger Ambrose - 5 votes
Van Estes - 5 votes
Robert Smith - 5 votes
Art Cooley - 3 votes
Dan Waddell - 5 votes
Ken Weitzen - 4 votes
Susan Selleck - 5 votes
Barbara Neal - 5 votes
Fielding Lucas - 3 votes
All the above except Breckheimer were appointees to the Environmental Advisory Committee.
SAFETY NET ZONING
Karen C. Smith discussed safety net zoning, otherwise known as open use zoning.
At the April 21 meeting, the Board directed a team of staff and Vice-Chairman Bill Moyer to take some previous direction from the Board and incorporate it into the County Zoning Ordinance. The Board had established some parameters for safety net zoning. The parameters consisted of: the desired level of regulation as well as a list of uses the Board wanted to see regulated. The goal was to produce a zoning district to be used for all currently unzoned areas which would mitigate the neighborhood impacts for the certain uses specified. The Board directed the team to bring back a draft to the Board of Commissioners at this meeting. She distributed notebooks to the Board of the draft.
Karen introduced the staff team that worked with Vice-Chair Moyer: Angela S. Beeker, Jennifer Jackson, Nippy Page, and herself.
Commissioner Moyer explained that no uses are prohibited. There are site conditions that are required for certain uses. He suggested that the Commissioners take the notebooks, review the information and then schedule a workshop, possibly a couple of workshops.
Chairman Hawkins stated that the Board would consider setting a work session underAImportant Dates@.
HABITAT FOR HUMANITY GRANT
David Nicholson informed the Board that the Henderson County Habitat for Humanity requested that Henderson County apply for a North Carolina Small Cities Community Development Block Grant on their behalf. The first step in this process would be for the Board of Commissioners to hold the first of two required Public Hearings. At this hearing, representatives from Habitat for Humanity would present their proposal. Other citizens and/or community groups must also have the opportunity to present their ideas for possible Community Development Grants. Information regarding their project was distributed for the Board=s review.
Mr. Nicholson explained that should the Board wish to consider applying for these funds, they would need to set the Public Hearing. Staff must publish a notice of this public hearing 10 days in advance of the scheduled date. He explained that this is a first come first served grant. About half of the funds have already been allocated and when the money is gone, that=s it. We cannot actually apply for the grant until we get our current Community Development Program closed out.
Commissioner Moyer stated that Habitat for Humanity provides a very valuable type of housing to our community which is desperately needed. He felt that the Board should proceed as promptly as possible, get the public hearing scheduled, and move forward with this.
A couple of the Commissioner were concerned about the water situation and asked that staff follow up to see how our allotment would be affected. Septic tanks are planned so this would not affect our allotment. City water would be used.
Chairman Hawkins stated that the Board would consider setting a public hearing underAImportant Dates@.
HOME AND COMMUNITY CARE BLOCK GRANT - FY2000 FUNDS
Carey McLelland explained that each year the Planning for Older Adults Committee goes through a process of requesting and reviewing applications to utilize Home and Community Care Block Grant Funds. In this years proposed budget for FY2000 is a total of $572,809. This is 100% state and federal funding, no local money is required.
Their recommendation for utilization of these funds for next year was as follows:
Council on Aging for Meals on Wheels $190,146.00
WCCA for medical and general transportation 145,577.00
Pardee Home Care for their in home aid program 100,000.00
Visiting Health Professionals for in home aid 110,000.00
New Life Center for adult day care program 14,350.00
Housing Assistance Corp. for home and housing
improvements program 7,000.00
Land-of-Sky for the Senior Companion Program 3,236.00
Pisgah Legal Services for providing legal services 2,500.00
to the elderly.
The Planning for Older Adults Committee unanimously approved the recommendation and voted to send it to the Board of Commissioners for final approval.
Following discussion, Commissioner Kumor made the motion to accept this recommendation and allocate the Block Grant as recommended. All voted in favor and the motion carried.
UPDATE ON PENDING ISSUES
1999 Mayor=s Cup Raft Race - June 26
David Nicholson informed the Board that staff was looking for leadership from the Board of Commissioners. Every year Land-of-Sky Regional Council and the City of Asheville sponsor a Mayor=s Cup Raft Race. The County Manager respectfully declined to participate in this. He asked if any of the Commissioners would be interested in being in the race to let him know and he would put together a group of people to be part of the team. Mr. Nicholson stated that he would be present to cheer our team along.
Commissioners Moyer and Ward intend to change Henderson County=s luck this year. They will co-chair the team. Commissioner Ward recommended strong people to help fill the team.
SB #440 - Sales Tax
David Nicholson explained that Senator Carpenter is one of the co-sponsors of a bill that would repeal sales tax but provide some additional money from the state sales tax. It appears that we are not going to be able to get any additional sales tax out of the General Assembly so this was one way to allocate some of the State Sales Tax.
Mr. Nicholson checked on this Bill today and it was still in Committee. Therefore, it will not get any action this year.
It was the consensus of the Board for the Chairman to send a letter to Senator Carpenter thanking him for sponsoring the bill and offering Henderson County=s support for the bill.
Chairman Hawkins stated that Henderson County has been looking for some revenue to help with our infrastructure without having the total burden on the property owners. He stated that this is one other option that is being looked at in Raleigh. He said he would be happy to write Senator Carpenter a letter indicating that the Board would look favorably on such a bill that transferred some revenue back to the county out of the state=s coffers to help with our infrastructure problems.
It was the consensus of the Board to hold the final Budget Work Shop and the Public Hearing for Habitat for Humanity for June 21 at 3:00 p.m.
Chairman Hawkins made the motion to set a public hearing for July 6 at 7:00 p.m. on Review of Proposed Planned Unit Development - Charlestown Place and Review of Proposed Residential Open Space Development - Creekside. All voted in favor and the motion carried. David Nicholson reminded the Board that both of these hearings will have to be Quasi-Judicial.
It was the consensus of the Board to set a work session on Safety Net Zoning for July 12 at 3:00 p.m.
The Board also set an additional budget work shop for June 11 at 3:00 p.m. One is already scheduled for June 15 to meet with the Board of Education.
There was some discussion whether the Board wished to hold the midmonth meeting in July. The NACo Conference is earlier in that same week. Three of our Commissioners and the Assistant County Manager will be attending that Conference. It was the consensus of the Board to keep the meeting date as scheduled.
Chairman Hawkins called a short break, stating that upon return the Board would hear Informal Public Comments
INFORMAL PUBLIC COMMENTS
1. Scot Jarvis - Mr. Jarvis addressed an up-coming agenda itemAAbandonment of Portion of Old Asheville Road (SR #1533)@. He has rental property on the road, one is a residence and one is a business. He would like to keep the road open. If everyone wants to close the road he would like some consideration as far as having to maintain it (as far as a tax break).
The Board asked Mr. Jarvis to locate his property on a map for Mrs. Smith so it could be considered when that agenda item comes up for discussion.
2. Matthew Jarvis - Mr. Jarvis addressed the same item. He also lives in Naples. He expressed concerns that if this road is abandoned it will become a site for parking, meeting, and/or dumping. The Road is currently a dead end road and gets a good bit of that type of activity already. He asked the Board to consider keeping the road open.
He was also requested to locate his property on a map with Mrs. Smith for the Board=s consideration.
Chairman Hawkins recessed the meeting until 7:00 p.m., at which time the Public Hearing will be held.
PUBLIC HEARING - Fiscal Year 1999-2000 Budget
Commissioner Kumor made the motion that the Board go into public hearing on the proposed budget. All voted in favor and the motion carried.
1. Fielding G. Lucas - Mr. Lucas read parts from a 2 page prepared hand-out which was also distributed to the Board. They were his thoughts on the budget and the workshop process observed over the past couple of weeks. He also made some recommendations to the Board. Some of those recommendations were to establish a full time internal auditor, to incorporate Balance Sheet forecasting and Cash flow forecasting into the regular budget preparation and review process, provide funding to enhance programs in the school system, and relate to the new Superintendent that the Board=s interests are in school maintenance and teacher training as well as technology.
2. Eva Ritchey - Ms. Ritchey statedAThis community, lead by past Boards of Commissioners and School Boards, has been found embarrassingly wanting in the maintenance and improvement of our education system. We have been living on a credit card existence, taking the free ride today while delaying the painful reality of tomorrow@. She expressed the need for additional school funding.
3. Don Bryant - Mr. Bryant, the principal at Upward Elementary School, asked for those in attendance from Upward Elementary School to stand. There were approx. 20 who stood. He expressed thanks to the Board for the 7.7% increase in the school budget from last year.
Mr. Bryant reminded the Commissioners that the Board of Education reduced their budget request considerably before sending it to the Board of Commissioners. These reductions were in the amount of $1,057,820 and will impact our schools greatly this coming year. He then discussed the enhancements that were included in their budget.
He asked the Board to take under consideration at least the enhancements that the Board of Education requested. This will have a great impact on our schools, high schools, middle schools, and elementary schools.
4. Doug Kline - Mr. Kline expressed ...Aoutrage in the way this County treats the school system, like the wicked step child that has to beg for anything more than the bare essentials it needs to survive.@ He stated that it is time to give our children the best opportunity that we can.
5. Jim Barnett - Mr. Barnett stated that he supports full funding for the Henderson County Public School operational budget. He thanked the Board for the increased allocation for the capital budget.
Chairman Hawkins informed those in attendance that the Board of Commissioners will have a budget work session with the Board of Education on June 15 at 5:30 p.m.
Commissioner Kumor made the motion that the Board go out of Public Hearing. All voted in favor and the motion carried.
HOOPERS CREEK ZONING PROPOSAL
Jake Gilmer reminded the Board that at their May 27 work session, the Henderson County Board of Commissioners discussed various issues and options regarding the Hoopers Creek Zoning Proposal. After much deliberation, the Board directed the Planning Staff to: (1) contact property owners that both owned land along the periphery of the zoning study area boundary and had requested to be taken out of the zoning proposal; staff was to give these property owners the option of being taken out of the zoning proposal and (2) contact property owners in the proposed R-20 area of Garland Road and given them the option of changing the proposed zoning of their property to RC. Staff has completed both of these tasks and presented the results on the revised Hoopers Creek Proposed Zoning Map.
Since the May 27 work session, numerous property owners had sent letters and petitions to County Government to be taken out of the proposed Hoopers Creek zoning area. A significant number of the petitions were sent by property owners that own contiguous tracts of land along the periphery of the zoning study area boundary. Staff presented a list of those property owners.
Jake Gilmer presented a map which reflected changes per the Board=s request from the work session.
Following much discussion, Commissioner Moyer made the motion to adopt the recommendation, taking out the red block in the left hand corner (southwest) and with the other revisions proposed by staff (part of which was changing the Garland Road area to RC zoning and changing Jack Bonner from R-20 to RC zoning), and approve this zoning as proposed. More discussion followed.
A vote was taken and the motion carried three to two with Commissioners Ward and Gordon voting nay. There was applause from the audience.
LAUREL PARK ETJ ZONING RECOMMENDATION BY THE HENDERSON COUNTY PLANNING BOARD
Jake Gilmer reminded the Board that on February 16, 1999, the Town of Laurel Park extended its extraterritorial jurisdiction (ETJ) to an area adjoining the western boundary of the town limits. The area contains approximately 390 acres of land in 44 separate parcels and was zoned R-30 by Laurel Park at the time the ETJ was extended.
The resolution regarding the ETJ, adopted by the Laurel Park Town Council, contains provisions which direct the Town Manager and the Town=s Planning Board to work with Henderson County, Awhen requested@, on developing zoning for the County areas abutting Laurel Park boundaries and relinquishing zoning control in all or part of the new ETJ area to Henderson County. The resolution further states that the Town will only relinquish zoning control if Henderson County proposes County zoning that is compatible with the best interests of Laurel Park@.
In a March 8, 1999 letter, Grady Hawkins requested that the Henderson County Planning Board study the Laurel Park ETJ area and make a zoning recommendation to the Board of Commissioners and at its May 25, 1999 meeting, the Planning Board unanimously voted (7-0) to recommend that the entire Laurel Park ETJ Study Area (390 acres) be zoned R-30 Low-Density Residential. Several Board members suggested that County zoning should be implemented over the entire ETJ in one action rather than in a series of steps. It was noted that if zoning is done in a series of steps the zoning area may become fragmented, which would make it more difficult for the County to apply zoning in areas that are not contiguous with current county zoning districts.
The Board of Commissioners must hold a public hearing prior to taking action on the applications; however, the County must also enter into an agreement with the Town of Laurel Park regarding the relinquishment of Laurel Park zoning to the County and; therefore, the Board may want to communicate with the Town at this time.
Following discussion, it was the consensus of the Board that the Chairman communicate further with Laurel Park to get a clarification on Laurel Park=s decision and then bring this back to the Board of Commissioners.
HENDERSONVILLE AIRPORT - ETJ
Henderson County had been contacted by the owner of the Hendersonville Airport expressing his concern over the extension of the City of Hendersonville=s Extraterritorial Jurisdiction (ETJ) to include his property. A copy of the May 17 letter from the airport owner, David and Julie Cowan to Mayor Fred Niehoff, Jr. was included for the Board=s review.
In order to assist the Commissioners in this discussion some background information was included for their review including excerpts from the Planning Board=s minutes and a letter from the Planning Board to the Board of Commissioners concerning the agreement between the two Planning Boards on the extension of the ETJ.
Chairman Hawkins stated that he recently received some correspondence that indicated that the Hendersonville Planning Board had made a recommendation to the Hendersonville City Council to leave the airport; however, the Hendersonville City Council voted to incorporate the entire parcel of land of the airport into their ETJ. Commissioner Moyer stated that the airport is split and there are two different zoning jurisdictions, the city has one piece and the county has one piece of the airport.
It was the consensus of the Board that the Chairman correspond with Mayor Niehoff to try to find out exactly what the City Council is considering and how that works in with the original plan for swapping of the zoned areas. The feeling was that the airport would be better off to be in one jurisdiction.
ABANDONMENT OF PORTION OF OLD ASHEVILLE ROAD (SR #1533)
Jake Gilmer informed the Board that Jon M. Hall, Sr., President of Dawjoncourt, Inc., had submitted an abandonment petition on February 25, 1999 to the Henderson County Board of Commissioners requesting the abandonment of a portion of Old Asheville Road (SR #1533). At the Board=s May 19, 1999 public input session, two property owners with land along Old Asheville Road requested that the abandonment area be extended to Naples Road. At this time the Board decided to extend the area being considered for abandonment to Naples Road.
The original abandonment request was submitted pursuant to NCGS 136-63 which regulates the change or abandonment of State roads. According to this statute, the Board of County Commissioners may, on its own motion or on petition of a group of citizens, request the North Carolina Board of Transportation to change or abandon any road in the secondary system when it is in the best interest of the people of the county. The Board of Transportation is not required to hold any public hearings, post notices on any roads, nor mail notices to the residents of the road in question.
The abandonment of the extended section of Old Asheville Road should not significantly impact the general citizenry of Henderson County, nor would it necessarily impact emergency vehicle access to properties along the road. Alternatively, the abandonment would transfer road maintenance responsibilities to landowners using the road, which may have an impact on the future road condition and access to private property.
Staff reported that the Board had several options regarding this issue: (1) vote on the initial abandonment application submitted by Dawjoncourt, Inc. and mandate that the remaining property owners submit a separate application with all appropriate signatures, (2) vote on the abandonment of the original and extended portion, or (3) wait to vote on the entire portion until all property owners on Old Asheville Road sign an abandonment petition.
Commissioner Moyer made the motion to approve the initial abandonment application and direct that if the other property owners want to submit a separate application, that they proceed to do so. All voted in favor and the motion carried.
PETITION TO ABANDON PORTION OF MITCHELLE ROAD (SR #1896) and PETITION TO ADD A NEW PORTION OF MITCHELLE ROAD TO THE STATE MAINTAINED SYSTEM
Jake Gilmer informed the Board that the County had received petitions from Ken-Ken Corp, Inc. asking that a portion of Mitchelle Road be abandoned from the State Maintained System and that a new portion of the road be subsequently added to the State Maintained System. He presented a site map of the abandonment and addition areas.
The abandonment application had been submitted pursuant to NCGS 136-63 which requires that before the NCDOT abandons a road in the manner requested, the Board of Commissioners must pass a motion or adopt a resolution requesting that the road be abandoned. Such Board action must be based upon the finding thatAthe best interest of the citizens of the County will be served thereby@.
Although no public hearing is required to abandon or add a road, it has been the practice of this Board to set an advertised public input session for the purpose of receiving comments from the public on proposed abandonments. It has also been the practice of this Board to favorably approve addition petitions and forward them to the NCDOT for their review, with the request that no road be moved on the road paving priority list.
Commissioner Kumor made the motion to set a public input session for the June 16 meeting at 11:00 a.m. All voted in favor and the motion carried.
Commissioner Kumor made the motion that the Board go into Closed Session, pursuant to NCGS 1430318.11 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, 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. All voted in favor and the motion carried.
Chairman Hawkins made the motion that the Board go out of Closed Session. All voted in favor and the motion carried.
There being no further business to come before the Board, Chairman Hawkins adjourned the meeting at 8:38 p.m.
Elizabeth W. Corn, Clerk Grady Hawkins, Chairman