STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                          FEBRUARY 7, 2000


The Henderson County Board of Commissioners met for a regularly scheduled meeting at 5:30 p.m. in the Commissioners= Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.


Those present were:  Chairman Grady Hawkins, Vice-Chair Bill Moyer, Commissioner Renee Kumor, Commissioner Don Ward, Commissioner Marilyn Gordon, County Manager David E. Nicholson, Assistant County Manager/Interim County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.


Also present were: Planning Director Karen C. Smith, Public Information Officer Chris S. Coulson, Finance Director J. Carey McLelland,                                                                                     



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



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



David Nicholson gave the invocation.



Chairman Hawkins asked that one item be added under Staff Reports as C-2 - LGCCA - update on recent meeting.


Commissioner Kumor asked that one item be added under Discussion Items as AC@ - Railroad Crossing closing in Naples.


Commissioner Moyer asked that one item be added under Discussion Items as AD@ - a procedure for handling letters and calls concerning DSS.


Commissioner Ward asked for one item to be added under Nominations - discussion regarding an amendment to the Transportation Committee by-laws.  He also stated that in view of the recent 500,000 gallon sewer spillage in the City of Hendersonville, he=d like to see if the County Manager  can investigate to see if we can get a rebate on our 190,000 gallon amount.  They didn=t have to treat that sewage so there should be a rebate on the cost.


David Nicholson stated that he would be happy to write the City Manager and ask that question. This was not added as an agenda item. 


Commissioner Ward asked for the Closed Session to be moved closer to the front of the agenda because there may be an agenda item to be added following Closed Session.


It was the consensus of the Board to approve the above changes to the agenda.



Commissioner Moyer asked for three items to be pulled from the Consent Agenda for discussion:


8.               Proposed BMX-Bicycle Dirt Track for Jackson Park

Commissioner Moyer stated that he had heard from citizens who have concerns about this dirt track.  He suggested time at a Board meeting for some public input before taking action.


Chairman Hawkins asked that this item be put on the next agenda and allow public input.


10.            Pardee Hospital - Certificate of Need

Commissioner Moyer would like to know how the discussions between Pardee Hospital and EMS are progressing before taking action.


David Nicholson and some of the EMS staff have had meetings with Pardee Hospital representatives.  It appears that EMS is in the way of the planned hospital expansion.  County staff (Karen Smith and Tom Edmundson) is looking at a location for a future EMS Station and the possibility of  turning the property we now occupy as EMS over to Pardee Hospital.  Staff is trying to come up with where the best location would be, according to call volume, etc.


Steve Pennock stated that Hospital Staff has discussed with the Contractor and the Architect the current EMS Station and were advised that access during construction time would not be impeded.


Tom Edmundson stated that he had met with Mr. Pennock and Mr. Aaron.  He was comfortable with the situation stating that there would probably be some handicaps but they could be worked through.


11.            Resolution - G. Ray Cantrell

Commissioner Moyer felt that special note should be made of the recognition.


Chairman Hawkins stated that Mr. Cantrell has provided an invaluable service to the County over the past 40 years and has probably helped recruit half the industry in our County.  The proposed Resolution honors Mr. Cantrell and commends him for his efforts. This item was not pulled either, just discussed.


Chairman Hawkins made the motion to approve the Consent Agenda.  The Consent Agenda included the following:



Draft minutes were presented to the Board for review and approval of the following meetings:

November 1, 1999, regular meeting

November 15, 1999, special called meeting

January 4, 2000, regular meeting


Henderson County Financial Report - December 1999

The Henderson County Financial Report for December 1999 was presented for the Board=s information and approval.


Henderson County Public Schools Financial Report - December 1999

The Henderson County Public Schools Financial Report for December 1999 was presented for the Board=s information and approval.


Tax Refunds

A list of 22 tax refund requests was submitted for the Board=s approval.


Tax Releases

A list of 67 tax release requests was submitted for the Board=s approval.


Application for the Use of Public School Building Capital Funds for

Immediate Major Repair/Maintenance School Projects (Short Term)

During the budget process, the Board of Commissioners approved the use of Public School Building Capital Funds, commonly known as the State ADM Fund, to fund capital outlay needs of the school system during Fiscal Year 1999-2000.


The Henderson County Board of Public Education has submitted to the Board of Commissioners a  State ADM Fund Application to meet Immediate Major Repair/Maintenance Projects (Short Term) for approval.  An application to the state to use ADM funds requires approval from the Board of Commissioners and the School Board.  A summary of the capital/maintenance projects to be covered by this application was reviewed.


The total funding of $723,123 for this application will utilize $542,342.25 (75%) from the State ADM Fund and $180,780.75 (25% match) from capital outlay funds budgeted in Fiscal Year 1999-00.  A total of $170,780.75 of the matching funds required has already been expended in the current fiscal year.


Proposed Order for Amendment to the Special Use Permit for Creekside, A Residential

Open Space Development

The Board of Commissioners held a Special Called Meeting on January 7, 2000, at which time it considered an application (#SP-99-02-A1) submitted by Maxie Small, on behalf of the Old Bowen Farm, LLC, for an amendment to Special Use Permit #SP-99-02 for Creekside, a Residential Open Space (R-O) Development.


During the January 7, 2000 meeting, the Board held a quasi-judicial proceeding to hear testimony regarding the application.  After hearing the testimony, the Board discussed the application and voted to grant the amendment to the special use permit subject to certain conditions.


The Board directed Staff to prepare proposed findings of fact and conclusions of law consistent with the information presented and with the Board=s discussion and vote on the application.  Staff had prepared a proposed Order granting approval of the amendment with conditions for the Board=s review and consideration. 


Staff stated it would be appropriate for the Board to adopt the Order as presented or as revised by the Board.


Greenways Commission - Annual Report

The Apple Country Greenways Commission had submitted an annual report dated January 21, 2000.  An annual report is required to be filed with the County by February 1 of each year.  They have requested to appear before the Board some time later this spring to update them on their retreat and future plans. 


Pardee Hospital - Certificate of Need

The Board of Directors of Henderson County Hospital Corporation had requested that the Commissioners approve the filing of a Certificate of Need (CON) for Pardee Hospital.  Pardee Hospital is proposing to construct a major addition to replace their emergency room.  This project will also create a new main entrance for the Hospital and allow them to consolidate their business operations.  They are not required to request approval for the construction of the proposed parking deck.  The CON must be filed with the State by February 14, 2000 to be considered during the next cycle.


County and Hospital staff have discussed the possibility of issuing Certificates of Participation (COPS) in 2001 to assist with the financing of the project.  The Board of Commissioners is considering the issuance of COPS to assist with several school projects in 2001.  Should Pardee receive approval for the CON, the Board may be requested to approve a financial plan that would include some type of borrowing. 


As a side note, County staff has also discussed with the Hospital the possibility of the relocation of EMS.  We are reviewing possible alternative locations with the Hospital.  Staff will keep the Board informed on the issue.


Resolution - G. Ray Cantrell

The Board had been asked by the Chamber of Commerce to consider adopting a resolution honoring G. Ray Cantrell for his 40 years of service to the Chamber of Commerce and the community.  A draft resolution had been prepared and was part of the agenda packet.


All voted in favor and the motion carried.


Notification of Vacancies

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

1.         Henderson County Community Child Protection Team - 1 vac.



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

1.               Hendersonville City Zoning Board of Adjustment - 1 vac. (alternate)


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


Commissioner Kumor asked Mrs. Beeker to explain what a Zoning Board of Adjustment does. Mrs. Beeker stated that it is a Board that is created by Statute.  The Board of Commissioners for the County and the Town Council for the City make the appointments for this Board.  They are charged with interpreting and ultimately enforcing the Zoning Ordinance and they are responsible for granting variance requests under the Ordinance.  They are a quasi-judicial body and they parallel the County Zoning Board of Adjustment.


 Commissioner Kumor made a plea, stating that the vacancy was for someone who lives in the City=s ETJ.


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

9 additional vacancies for later in the year 2000


Lorraine Finley had been nominated some time ago but a vote was never taken to appoint her.  Chairman Hawkins made the motion to reappoint Lorraine Finley.  All voted in favor and the motion carried.


Chairman Hawkins nominated J. Elaine Seiden and Shirley Ann Taylor for reappointment. Chairman Hawkins made the motion to suspend the rules and appoint these two ladies.  All voted in favor and the motion carried.


David Nicholson informed those present that Staff had videotaped an information piece on this Committee that will be run in conjunction with the Commission meetings.  Jack Reed, Committee Chairman and Angela Beeker filmed a (15 minute) video in which Mrs. Beeker interviewed Mr. Reed so that he could tell about the committee and it=s work, hoping to drum up some interest and support for this committee.


3.               Transportation Advisory Committee - 15 vac.


Chairman Hawkins reminded the Board that this has been set up as a 2 year Board.  All four municipalities will have representation on it. 


Commissioner Ward asked the Board to consider an amendment to the charter, page 2 , section 2.  Where it states that the Committee will make periodic reports to the Board of Commissioners, Mr. Ward wished to add and to the LGCCA.   Commissioner Moyer thought that would be a good idea. No vote was taken.


Nominations to this committee over the last several meetings were:


Paul Stepp                   Jack Lynch                   Chip Gould                  Bob Eklund

Ray Bryson                  Robert Johnston           Rochelle Miller           Tom Looby

Virgil McClure            Rodney Raines            Greg Gosnell               Ed Green

Bill Moyer                  Rick Merrell               Dan Waddell               Raymond Spall

Austin Blythe               Larry Collins               Jeff King                      Dean Bonessi

Thomas Pace               Jim Guyer                    Ken Weitzen


Commissioner Moyer had talked with Dan Waddell who asked that his name be withdrawn.  He is very interested but serves on two Boards already.  He would be glad to serve as a resource and help in any way he can but doesn=t feel that he can serve at this time as a member of the committee.


Chairman Hawkins informed the Board that Ed Green would rather participate as a resource instead of a voting member of the committee.  


There was some discussion about increasing the membership but it was decided to stay with 10 members from the County and one member from each municipality, equaling 14 members plus a Commissioner representative, Bill Moyer.


The Clerk polled the Board and the 10 appointees were:


Greg Gosnell               Chip Gould                  Tom Looby                  Jack Lynch

Virgil McClure            Rick Merrell               Rochelle Miller           Rodney Raines

Paul Stepp                   Ray Bryson


Chairman Hawkins stated that he had been compiling a folder of information for this committee to review.  He will turn his folder over to Commissioner Moyer to take to the committee meeting.


4.               Henderson County Fire Commission - 3 vac.


Chairman Hawkins nominated Martin Harris, Dr. H.B. Norton, and Phil Hyder. Those names had been forwarded to the Commissioners in accordance with a local bill.  There were no other nominations.  Commissioner Ward made the motion to suspend the rules and make these three appointments.  All voted in favor and the motion carried.

5.               Henderson County Agriculture Advisory Committee - 2 vac.


Commissioner Ward nominated Wayne Carland.  Commissioner Kumor nominated Commissioner Ward.  Chairman Hawkins made the motion to suspend the rules and appoint these two.  All voted in favor and the motion carried.


6.               Henderson County Board of Equalization and Review - 6 vac.


Chairman Hawkins nominated Jack Lynch and Dutch Burdette.  Commissioner Kumor nominated Leon Lamb.  Commissioner Ward nominated R.E. Harmon.  Commissioner Kumor nominated Danforth Leitner as an alternate.   This item was rolled to the next meeting for a vote.


7.               Henderson County Industrial Facilities & Pollution Control Authority - 2 vac.


Chairman Hawkins nominated Hall Waddell.  Chairman Hawkins made the motion to suspend the rules and appoint Mr. Waddell.  All voted in favor and the motion carried.  One vacancy was rolled to the next meeting.


8.               Recreation Advisory Board - 3 vac.


Commissioner Kumor nominated Virgil McClure and Gary Eblen.  Commissioner Ward nominated Roy Huntley.  Commissioner Moyer nominated David Laidlaw and Rusty Ward. Commissioner Kumor nominated Joanne Palazzo.  This was rolled to the next meeting for a vote.


Commissioner Kumor stated that one of the vacancies on the Recreation Advisory Board was due to the resignation of George Cagle.  Mr. Cagle has been on that Board for 15 years and Chairman of it for the last eight years.  She asked that a Resolution be prepared and placed on the next agenda to recognize Mr. Cagle=s service to the community and parks and recreation. 



Presented for the Board=s consideration was a resolution declaring a list (exhibit A) of vehicles no longer used by the County as surplus and authorizing staff to advertise them for sale at a public auction.  The public auction is tentatively scheduled for 9:00 a.m. on Saturday, February 26 at the Henderson County Garage located at 322 Williams Street, Hendersonville, NC.


Carey McLelland explained that a list of 10 vehicles was new to surplus and was requested to be approved for sale.  A list of four vehicles was previously approved for sale by sealed bid method.


Chairman Hawkins made the motion to declare all these vehicles surplus and to authorize staff to advertise them for sale (14 vehicles).  All voted in favor and the motion carried.





Tax Collector, Terry Lyda, and staff were present to present the annual report as required by NCGS 105-369(a) concerning current year=s collections, and to provide a six month report on the collection of delinquent taxes as requested by the Board (reference letter dated August 19, 1999).


Terry Lyda distributed the computer print out and the Board reviewed it briefly.


Terry Lyda then gave his report, a copy of which is attached as a part of these minutes.


Advertisement of Tax Liens:


Effective January 1, 1985, Ch. 1013 (H1676) amended NCGS 105-369 to provide that tax liens need to be advertised only once.  A taxing unit may choose to advertise the tax liens more than one time, but it is not required to do so.  The list must still be posted at the Courthouse or City Hall door and it must be advertised in one or more newspaper having a general circulation in the taxing unit.  The advertising may be done at any time from March 1 through June 30.


Effective January 1, 2001, NCGS 105-369 has been modified and will require us to provide notice to and advertise liens under the name of the current owners of real property as well as the listing owners.


Mr. Lyda recommended to the Board of Commissioners that unpaid tax liens be advertised once: On May 15, 2000 (the third Monday in May).  The reasons for his recommendation were as follows: (1) our tax statements sent to the taxpayers tell them that as long as their taxes are paid by April 30, their lien will not be advertised; (2) the Times-News states that they must have ample time for preparation of the advertisement; and (3) he anticipated it will take additional time and resources next year to comply with the new legislation regarding advertisement of liens; if we alter the advertisement date this year and again next year, this would serve only to confuse taxpayers.


Darlene Burgess, Deputy Tax Collector/Paralegal, gave her Delinquent Tax Report, a copy of which is attached as part of these minutes.


There was some discussion regarding the Statute of Limitations which is 10 years.



This was an add-on to this agenda.



1. Harold McKinney - Mr. McKinney stated that the closing of this RR crossing was announced in the newspaper about two weeks ago.  Mr. McKinney handed up a partial count of their petitions that had been submitted in the community requesting that the RR crossing not be closed.  Mr. McKinney stated that last Thursday, February 3rd, he got to the crossing and counted from 6:20 a.m. to 7:00 a.m. 45 crossings.  Between 7:00 a.m. and approx. 8:06 there were 125 crossings.  On Friday, February 4th they counted 13,097 from 6:00 a.m. until 8:30 p.m.  Today they counted from 6:00 a.m. until 6:00 p.m. 13,054 crossings.  He would like to keep this crossing open to the public.   He stated that there is a fire hydrant on the west side of the crossing and the other fire hydrant is at the interstate.  He mentioned 23 families that might have an increase in their fire insurance if this hydrant at the railroad crossing is shut down.   Mr. McKinney has lived in the community 65 years and the railroad crossing has always been there and open.


Chairman Hawkins asked for authority to correspond via fax to NC Department of Transportation prior to the hearing tomorrow evening to express concern with the issues raised by Mr. McKinney.


Commissioner Kumor stated that it might be reasonable to send a letter that states that the Board of Commissioners would like the NC DOT to respect the wishes of the majority of the citizens in the community to leave the crossing open.  We haven=t at this point, seen it demonstrated that it=s an unnecessary crossing and it is a viable way to move through the Naples community.


Commissioner Moyer requested a letter saying the Board is concerned, that the issue has been raised and the Board is concerned that it is a heavily used access road and the Board would like for NC DOT to study this very carefully and take into consideration the input from the citizens before they make this decision.


Mr. McKinney stated that of the count this morning, in about 1 2 hour there were three ambulance crossings at this railroad crossing, instead of using the new road. 


Commissioner Ward requested that Mr. Rocky Hyder survey the situation and add his comments to the letter to be sent to NC DOT. 


Rocky Hyder stated that he was planning to attend the hearing tomorrow night in Fletcher.  He contacted the Chief of the Fletcher Fire Department and they both plan to attend that meeting.  Mr. Hyder stated that one reason so many people supported the building of the new road was so there could be two accesses into the highway in case of an accident there would be another access.



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, 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 the following claim:


County of Henderson v. City of Hendersonville

(File No. 92-CVS-1186)

All voted in favor and the motion carried.


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


ACTION following Closed Session

Chairman Hawkins stated that during Closed Session, the Board discussed an issue that they wanted to now discuss in Open Session.  December 29, 1999, the Board directed the Chairman to have some correspondence with Mayor Niehoff referencing the ongoing discussions that have been taking place  over the Mud Creek Water & Sewer District. 


In the letter that Chairman Hawkins sent to Mayor Niehoff, there were a number of issues that the Board of Commissioners indicated they would like to have some discussions with the City of Hendersonville about including the 1986 sewer agreement, some practical service areas of the Mud Creek drainage basin, the development of a Master Expansion Plan for the area, and the development of a Joint Extension Policy that would reflect uniform rates and services. 


Following that, Henderson County received a demand letter for $1.9 million from the City of Hendersonville for the new treatment plant.  It was the Board of Commissioners= opinion that our 1986 agreement is in fact valid and that the County doesn=t owe the City of Hendersonville $1.9 million. That was the essence of the discussions in Closed Session.


Angela Beeker stated that it would be appropriate to correspond with the City of Hendersonville to forward the Board=s decision and to indicate the Board=s willingness to discuss the items that were in the first letter mentioned.



Resolution regarding Upward Road and S. Allen Road

Chairman Hawkins stated that he had received a letter requesting that the Board of Commissioners, at the urging of Mr. Joe Spearman and Dr. David W. Sink, Jr., forward the prepared resolution referencing the turning lane on Upward Road and funding for some traffic signals in that area. 


There was much discussion.  The Commissioners wished to see the drawing showing the design of the road.   The Board asked County Staff to rephrase the resolution and put it on the next agenda for the Board=s review and possible adoption and try to get more information from NC DOT.


LGCCA meeting

Chairman Hawkins met with LGCCA and there was discussion of several issues, including but not limited to the format for the LGCCA meetings.  Each of the Mayors discussed their own particular thoughts on how the Board might function and how to better enhance communications.  The next scheduled meeting is planned for early March.  At that time each municipality (including the County) will list their three major issue items for LGCCA to focus on and a list will be compiled.


Commissioners Moyer and Ward were also present at the last LGCCA meeting. Structure of the meeting was discussed as being loosely defined but flexible with rotating hosts (each Mayor and Grady). Each entity or body will send two people to the meeting. There was some discussion of holding the meetings in the County Office Building so that they could be videotaped and shown on the government channel on cable.



Set Public Hearing to Review Proposed Amendment to Special Use Permit #SP-99-01 for Charlestown Place Planned Unit Development (Application#SP-99-01-A1)

Chairman Hawkins made the motion to adopt a special order setting the Public Hearing (Quasi-Judicial) for Monday, March 6 at 7:00 p.m.  All voted in favor and the motion carried.


The Commissioners= calendar was reviewed.


Commissioner Kumor asked the Board to set a time with the DSS Board to start looking at responses to the issue of Children=s Mental Health Task Force and the needs in our community.  Chairman Hawkins asked Commissioner Moyer to follow up on this since he is the Board=s new representative to the DSS Board.  The Board will expect a report back from Commissioner Moyer.


Commissioner Kumor had been addressed by citizens asking what the Board would be doing regarding the issues facing the Blue Ridge Community Health Center.  Mrs. Kumor stated that there are issues that can have the potential of overwhelming our health system, especially at our emergency room.  She asked that the Board be ahead of the curve and be proactive instead of waiting to be reactive.   Chairman Hawkins answered that the Board of Trustees at Pardee Hospital have been in contact with the Blue Ridge Community Health Center and he stated that he would check and bring an update back from the Hospital Board.  If, for some reason Blue Ridge Health Center ceased to exist, the emergency room at Pardee would be required to see everyone who came in and it would be a big impact on the Hospital. Chairman Hawkins will send out some correspondence to try to get some information back.


Commissioner Gordon asked if the Board wanted to set a workshop on the County Facility Proposal. It was decided that there would be planned time on the agenda for the next meeting for this proposal and discussion. Commissioner Moyer asked to have staff present from each department that would be located in the new facility.


A Sewer Workshop was set for Friday, February 18 at 9:00 a.m.


A Budget Workshop was set for Friday, February 18 at 2:00 p.m., including CIP.


A Workshop was set for the County Facility Proposal (including discussion on the Historic Courthouse) for Monday, February 21 at 3:30 p.m.


A Workshop was set for Land Use Planning/Safety Net Zoning (update) for Wednesday, February 23 at 3:00 p.m.


The Board will plan to set a workshop on the establishment of a County Legal Department at the February 16 meeting.


UPDATE ON PLANNING BOARD PRIORITIES - Zoning Study Areas and Zoning Ordinance Rewrite Project

This item was rolled.  It will be dealt with at the workshop scheduled for February 23 at 3:00 p.m. on Land Use Planning/Safety Net Zoning.



The Henderson County Partnership for Health applied for a Cardiovascular Health Grant through  the Public Health Department a few years ago.  One of the programs sponsored through the grant is AStart your Heart@.  Ms. Erica M. Thompson, Program Coordinator, has requested time on this agenda to update the Board on this program and request the assistance of County Staff in her Steering Committee.


Commissioner Moyer expressed concern, not of the program, but because of the demand of Karen=s time.  He was opposed to Karen spending her time on this program because of the other important pending issues she is presently working on.  


David Nicholson has expressed to Karen Smith that it would be OK with him for her to provide some technical assistance to this but it could take a lot of her time if she let it and to be very protective of her time.  David expressed that there were other staff members who could help with this project without Karen Smith spending a lot of her time on it.



This was an add-on per Commissioner Moyer.


Chairman Hawkins stated that occasionally the Commissioners will receive a complaint from an individual regarding some action that occurred in DSS.  As a rule, the Commissioners will have no knowledge of what has occurred.  Those complaints need to be referred to DSS.  With Commissioner Moyer now sitting on the DSS Board, Commissioner Moyer asked for an agreed upon procedure that if the Commissioners get any correspondence about DSS that it would go from Chairman Hawkins to the Chairman of the DSS Board, Bill Lapsley. 


There being no further business to come before the Board, the meeting was adjourned at approximately 8:33 p.m.






Elizabeth W. Corn, Clerk to the Board                        Grady Hawkins, Chairman