STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                            MARCH 15, 2000


The Henderson County Board of Commissioners met for a regularly scheduled meeting at 9:00 a.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, Staff Attorney Jennifer O. Jackson, and County Engineer Gary Tweed.



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 for the following additions to the agenda:

Add one item as D-2 under Staff Reports - ALegislative Goals@ for Land of the Sky Regional Council.

Add one item as D-3 under Staff Reports - AHealth Department request for a full time position@.

Add one item under Discussion Items as B - AHistoric Courthouse Rehabilitation@

Add one item as #2 of Staff Report C - ALitter Hotline@.

Add one item between Nominations and Staff Reports - ALetter from the Environmental Advisory Committee@ Ken Weitzen and Dr. Shelton was present to discuss.


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



Chairman Hawkins read two resolutions from the consent agenda, one honoring David (Red) Anderson and one honoring J.V. Brown.  Both these gentlemen have served their Fire Department and their community for many years.


Chairman Hawkins made the motion to approve the Consent Agenda as presented.   All voted in favor and the motion carried.


The CONSENT AGENDA included the following:

Tax Collector=s Report

Terry F. Lyda, Tax Collector, had provided the tax report as of March 7, 2000 for the Board=s review.


Resolutions Honoring David (Red) Anderson and J.V. Brown


Mr. Anderson is a founding member of the Bat Cave Volunteer Fire Department since 1974. He has been the only chief of the Bat Cave Volunteer Department since it was founded 26 years ago.  He has devoted 26 years and numerous hours in service to the Bat Cave Volunteer Fire Department and community. The Board recognized Mr. Anderson for his generous contribution to the citizens of Henderson County, particularly the Bat Cave Volunteer Fire District and for his continued dedication and loyalty to the community and his valuable service to the citizens of Henderson County.


Mr. Brown has been a member of the Henderson County Fire Commission since 1980.  He remains a lifetime member of the Blue Ridge Volunteer Fire and Rescue and has since 1964.  He has devoted 36 years to the Blue Ridge Fire Department and 20 years to the Henderson County Fire Commission.  The Board recognized Mr. Brown for his lifetime of dedication and loyalty to the community and for his valuable service to the citizens of Henderson County.


Resolution - LWCF

The Parks & Recreation Advisory Board recommended that the Board of Commissioners pass a resolution in support of the funding of the Land and Water Conservation Fund and HR #701.



Notification of Vacancies

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


1. Western Carolina Community Action (WCCA) - 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.


2. Nursing/Adult Care Home Community Advisory Committee - 3 vac.

Nursing/Adult Care Home Community Advisory Committee - 5 additional vacancies for 2000

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



3. Mountain Area Workforce Development Board - 1 vac.

This nomination should come from the Chamber of Commerce.  We have not heard from them yet.  There were no nominations at this time so this item was rolled to the next meeting.


4. Henderson County Industrial Facilities & Pollution Control Authority - 1 vac.

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


5. Transportation Advisory Committee - 4 vac.

Chairman Hawkins informed the Board that he had received a letter from Mayor Niehoff indicating that the City of Hendersonville=s official representative would be Mary Jo Padgett and Londa Murray would be the alternate representative.  Chairman Hawkins so moved.  All voted in favor and the motion carried.


6. Solid Waste Advisory Committee - 4 vac.

Chairman Hawkins nominated Terry Maybin.  Commissioner Moyer nominated Barry Wilson.  Commissioner Ward nominated William Ramsey.  Chairman Hawkins made the motion to suspend the rules and make these three appointments by acclamation.  All voted in favor and the motion carried.  One vacancy remains.


7. Henderson County Planning Board - 3 vac.

Chairman Hawkins nominated Rebecca Nesbitt.  Commissioner Moyer nominated Jim Clayton. Commissioner Kumor nominated Mary Jo Padgett.  Commissioner Gordon nominated Dean Bonessi.  Commissioner Ward nominated Roy Huntley.  Commissioner Gordon asked that nominations not be closed.  She is waiting to hear back from someone.   A vote will be taken at the next meeting.


8. Library Board of Trustees - 2 vac.

Commissioner Kumor nominated Commissioner Moyer.  No vote was taken. Commissioner Moyer had some questions and asked that the County Attorney update the Board regarding the by-laws of this committee at the next meeting. 


9. Henderson County Juvenile Crime Prevention Council - 4 vac.

Commissioner Kumor nominated Chief Donnie Parks, Kevin Lauritsen, Joanne Willette, and Rev. Rob Hutchinson.  Chairman Hawkins made the motion to suspend the rules and appoint these four nominees.  All voted in favor and the motion carried.



This was an add-on, requested by Commissioner Moyer.  Chairman Hawkins reminded the Board that this morning they received a letter from the Chairman (Ken Weitzen) of the Environmental Advisory Committee referencing the Sterling Plant property.


Mr. Weitzen came forward.  He apologized for the letter from the Advisory Committee because everyone was not in agreement.  He asked the Board to disregard the last two paragraphs of the letter. He requested that the Board support the State=s efforts to continue trying to acquire the property.


Dr. Ken Shelton then came forward on behalf of the public and a person who has had a chance to spend some time at the DuPont State Forest property and the adjacent land in question.  He stated that three of the most beautiful waterfalls in this entire region are located in the 2,200 acre property that NC General Attorney Mike Easley is trying to keep within the State=s property.  He stated that as he sees it this is a unique, one-time, last chance opportunity that the State and this county could benefit from acquiring this property.  He also requested the Board=s support in the continued effort to try to acquire this property as part of the State Forest.


Following some discussion, Commissioner Moyer made the motion that the Chairman send a letter in support of the recommendation of the Committee and Dr. Shelton, including that we support North Carolina=s continued efforts to try to purchase this 2,200 acres and make it part of the DuPont State Forest reserve or to take other steps to preserve it in it=s natural state whereby the public would have access to it.  Additional discussion followed.  All voted in favor and the motion carried.  


It was the consensus of the Board to review the letter prior to it being mailed. 



Jennifer Jackson reminded the Board that on March 17, 1999, the Board of Commissioners approved the creation of the Partners in Health Condominium to accommodate Pardee Care Center and Hospice=s Elizabeth House, both located near Blue Ridge Community College off South Allen Road and College Drive.  The 2-unit condominium was declared on April 6, 1999 and the two facilities are currently in operation.  The condominium unit that Pardee is occupying is still titled in Henderson County=s name but has been leased to the Henderson County Hospital Corporation under the Amaster@ lease.  The Elizabeth House is the unit that the County conveyed to Four Seasons Hospice in April of 1999.


Pardee Hospital has been working on a project to relocate their adult day care to this property and would like to have the adult day care facility made a separate third unit of the Partners in Health Condominium.  An amendment to the Declaration of Condominium is necessary to accomplish the declaration of the third unit. A revised site development plan had been highlighted to show the adult day care facility as the proposed unit and was reviewed.  The association parking areas and driveways would become part of the common area.  The proposed Amendment to the Declaration  was reviewed by the Board as well as a draft resolution with the changes noted by the underlined text. 


The proposed Amendment contains a couple of provisions that have blanks that are not yet filled in.  The metes and bounds legal description for Unit 3 had not been inserted into Exhibit B.  This legal description cannot be prepared until the survey work is completed but will substantially conform to the location shown on the revised site development plan.  As the percentages of ownership of the common area are tied to the square footage of each facility, the blanks shown in Paragraph 10 will be filled in when the facility is fully constructed and the square footage of the adult day care facility has been calculated.


Hospice and the Partners in Health Condominium Association, Inc., through their respective Boards of Directors, have approved the Amendment and the County is now requested to adopt a resolution approving such amendment.


These amendments have been approved by the Condo. Association which is comprised of Hospice and the Hospital. 


There was a question whether the Board of Directors of Pardee Hospital had approved this.  Frank Aaron, CEO of Pardee Hospital, came forward and stated that it had not received final approval by the Board. 


Chairman Hawkins made the motion to approve the resolution as presented with the blank areas to be filled in as soon as those metes and bounds are available..  All voted in favor and the motion carried.



The Solid Waste Department had received a proposal by the Land of Sky Regional Council for a program on dealing with Household Hazardous Waste. 


County Engineer Gary Tweed reminded the Board that in 1996 the Land of Sky Regional Council of Government started bringing counties together to discuss various solid waste issues.  A subcommittee was formed of the four county region to look at developing some type of household hazardous waste program for the region.  One report was completed in 1998. The proposal on what the committee and Land of Sky recommends regarding household hazardous waste was presented at this meeting.


Their recommendation is to purchase storage buildings to be located in each of the four counties.  Materials could be brought in by residents to the facility, stored, and then periodically picked up and transported for either recycling or disposal.  The buildings are pre-fab. type.  The proposed building for the Henderson County facility is estimated to cost $32,447.  The funding would have to come from the county.  Land of Sky is looking at the possibility of trying to obtain grants but that has not been finalized.  Henderson County solid waste staff would be responsible for operating the facility.  Gary Tweed has concerns over the funding of the facility.  Our solid waste department is funded from an enterprise fund system, strictly a fee based operation.  Under this proposal we would not be allowed by the Department of Agriculture (who will be collecting these materials)  to charge any fees for use of the facility.


Gary Tweed stated that currently household hazardous materials, pesticides, herbicides, cleaners, oils, antifreeze, are not a regulated commodity with respect to the household.  Once you collect these materials together into a central location, then you become a hazardous waste storage facility and are required to have permits, inspections, etc.  There is a certain amount of liability that the county would incur by being a storage facility. 


Henderson County currently collects waste motor oil, antifreezes, and hydraulic fluids at our recycling center and we have an energy company that picks those materials up.


Commissioner Kumor asked if the Solid Waste Advisory Committee had reviewed this proposal.  Gary explained that they had not but rather that Land of Sky had submitted this proposal directly to the Board of Commissioners.   It was also suggested that the Fire Marshal review this proposal and make a recommendation to the Board as well as the Fire Advisory Committee.


Gary Tweed informed the Board that there is a collection event being held today at the Armory in Buncombe County, for the four county region, just to collect these hazardous materials.  


Following much discussion, it was the consensus of the Board to make this proposal available to the groups mentioned above for  review and recommendations.  Chairman Hawkins stated that he would  write to Land of Sky and ask them to make this presentation to the Advisory Committee and invite some of the other groups to sit in on the meeting if possible.  The Board will await follow up correspondence from these groups.



The County Engineer proposed to make application to the State Division of Solid Waste for a grant to purchase equipment to assist the County in the clean up of roadside dumpsites.  The grant funds are available through the tax that is collected on the purchase of White Goods.  A certain portion of the tax is held in reserve for grants to assist Counties with the management of White Goods. 


Gary Tweed reviewed a draft application and supporting information. 


He informed the Board that any metal that can be recycled is included as White Goods, refrigerators,  swing sets, washers and dryers, bicycles.


Gary Tweed explained to the Board that this is an application to the State to hold in reserve about $100,000 and let us go out to bid on one of these loader type trucks.  The State would then reimburse us for that expense. 


Commissioner Kumor made the motion to encourage/support the application to the State as presented. All voted in favor and the motion carried.



Ken Weitzen, Chairman of the Environmental Advisory Committee (E.A.C.), presented a proposal to establish a Litter Hotline.  Citizens of the County could utilize the hotline to report litter.  The Hotline would be established through a local answering service and would not be tied to a particular phone or office location.  Members of the E.A.C. have agreed to check the messages on a weekly basis.  This would allow each member to monitor the Hotline one week every nine weeks.  The cost of the answering service for April through December was estimated to be $188.00, which includes a one-time $12.00 hook-up charge and a monthly rate of $22.00.  (8 months x $22.00 = $176.00 + $12.00 = $188.00).  Citizens would hear a recorded message and then would detail where the litter or illegal dump is located.  The E.A.C. member would call the appropriate agency for clean up.


The public would need to be informed about the Hotline.  There should be advertisements through radio and newspaper PSAs and through a paid ad run every other month in the Times-News.  The E.A.C. recommended that an ad be run every other month (5 months) until the end of the project for a cost of $732.00.  This brought the total request to $920.00 through the year 2000.  The committee will try to find sponsors in the community to pay for the ads in the alternating months so that they can be published every month. 


David Nicholson apologized, stating that this item was inadvertently left off the March 15 agenda. Nippy Page provides staff support to the Committee and she and Mr. Nicholson had discussed this project.  It was also suggested that we utilize our Henderson Highlights ad in the Times-News to advertise the Litter Hotline.


Chairman Hawkins made the motion to approve the $920.00 budget for this request.  All voted in favor and the motion carried. 



LGCCA Minutes

Commissioner Moyer reminded the Board that they have the minutes and he would answer any questions the Board might have regarding what took place at this meeting.  He felt that the minutes were fairly detailed. 


It was the consensus of the LGCCA to study growth, water, sewer, planning, etc. together.  They plan to begin in the Mills River area of the county.


Legislative Goals

Chairman Hawkins asked if any of the Commissioners had any items they wanted to go to the General Assembly.  He will be attending a legislative goals meeting at Land of Sky Regional Council on March 17. Goals will then go to the General Assembly from our region.  A couple of issues Chairman Hawkins expressed for inclusion in the goals were:

1. Annexation

2. Adult Care Nursing Homes - Residency requirements

3. Fire Districts  (not sure whether it will be discussed in a long

session or in the short session)


Health Department - request for full time position.

Marilyn Gordon presented a request from Tom Bridges, Director of the Health Department, asking for the expansion of a 80% position to a full-time position.  The funding for this would come from the Smart Start fluoride program.  This staff person=s additional time would be used on the implementation of the fluoride program and on additional paperwork that has been created because of the changes in the Medicaid billing.  Mr. Bridges thinks that there is ample work to be done to justify the position.  There is no local funding required for the position. 


Commissioner Gordon made the motion to authorize the expansion of this role into a full-time position as presented above.  All voted in favor and the motion carried.



Angela Beeker informed the Board of a request for economic development incentives for UPM-Raflatac, Inc. for economic incentives.  UPM-Raflatac purchased a lot in Broadpointe Park in 1998 as a potential site for an expansion of their facility, currently located in Cane Creek Industrial Park.  UPM-Raflatac, Inc., recently announced their intent to construct a $45.0 million facility in the United States.  Local management would like to have the facility constructed here in Henderson County and has requested an incentives package to take to their corporate headquarters in Finland in hope that they will agree.  If approved, the facility would create 180 new jobs and the 40 jobs currently in Henderson County would be retained.  The average wage would be $20 per hour for the plant employees.  Additionally the company would provide a full benefits package.


The requested incentives consist of an amount not to exceed $1.0 million as a reimbursement for site preparation and possibly road construction.  Included in that $1.0 million would be the County=s cost to install a water line to extend to the site.


In order to consider this request, the Board of Commissioners must hold a public hearing.


Commissioner Kumor made the motion to adopt the order setting a public hearing for April 3, 2000, at 7:00 p.m to consider the request for economic development incentives. All voted in favor and the motion carried.


Commissioner Kumor made the motion to set a public hearing for May 4 at 7:00 p.m., here, to discuss extending the Cane Creek Water & Sewer District boundaries.  All voted in favor and the motion carried.


David Nicholson mentioned that the District Meeting for the NC Association of County Commissioner will be April 13 in Waynesville.  David plans to attend and has a small van reserved for the trip.  He plans to be there for the whole day because he plans to attend a workshop in the afternoon concerning Mental Health.  He asked the Commissioners to notify the Clerk if they plan to attend so that she can get them registered.



1. Mary Borowsk - She was present and had decided not to speak.


2. Ken Shelton - Dr. Shelton had already spoken to his item.


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 a claim.


All voted in favor and the motion carried. 


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



The Board requested that staff develop a New Facility Proposal that would include the Planning Goals established by the Board at the March 10, 2000 meeting. 


David Nicholson discussed the Board=s Goals and there was consensus in favor of the goals presented. At the last workshop on facilities the Board discussed how a number of county departments could be brought together and what departments would be included in the facility and what options were available to the Board.  One area that staff added to the facility that the Board had not discussed was the Board of Elections.  David briefly discussed the departments to be considered, their existing gross square feet, proposed gross square feet, and the amount of increase/decrease in space.


In comparing the options presented (see below) Mr. Nicholson stated that the Carolina Apparel proposal appeared to be the most cost effective proposal.  Staff had come up with a proposal on the Carolina Apparel Building.  He recognized Bill Blalock and Stuart Stepp to make the presentation.


Five Options were quickly discussed.  They had been provided for the Board=s detailed review:


1. Carolina Apparel

Site 11.20 acres.

Construction of 127,096 square feet.

Total cost = $16.404 million


2. New site to be determined

Site and construction costs had to be estimated.

Total cost = $21.155 million


3. BRCC site

Size 11.20 acres - College Drive, adjacent to Pardee Care Center

Site and building costs had to be estimated.

Total cost = $18.320 million

Note - In the future, BRCC will expect the County to replace the 11.20 acres. The potential cost is unknown.


4. City Water Dept. site

Size 3.55 acres

Site and building costs had to be estimated.

Parking garage necessary @ $4.388 million.

Total costs = $24.522 million

Would require new site for impound lot and evidence storage building and a new County Storage Building.


5. Other potential site (downtown location)

Size 2 acres

Site and building costs had to be estimated.

Parking garage necessary @ $4.680 million

Total costs = $26.371 million

Note - Building and parking garage are same height

 A          Assumes no ESA I and II Environmental problems.

 A          Requires new County Storage Building.


Bill Blalock/Stuart Stepp

Bill Blalock stated that there have been eleven issues that he and Stuart have gone through trying to address the solutions to those eleven issues.  The concept clearly allies to the Carolina Apparel Building but also could be applied to a new site should the Board choose to go to a new site.


Eleven Issues:

1.                  Vehicular Traffic Flow

2.                  Parking

3.                  Building Look & Feel

4.                  Sidewalks

5.                  Building Entrances and Customer Flow

6.                  Building Layout and Lighting

7.                  Growth Space

8.                  Restrooms, quantity and dispersion

9.                  Security

10.              One Stop Service

11.              Sheriff=s Department Consolidation & Growth


They showed the floor plan and explained where departments would be situated in the building, restrooms, meeting spaces, parking, etc.  He explained that there would be 254 employees in the building with room for 131 additional offices for expansion (5-10 years growth). 


There was some discussion of parking spaces and costs.  Regular parking spaces cost approximately $2,000 per space while parking garage spaces cost approximately $7,000 - $8,200 per space.


Bill explained that the design now has octagonal entrances with a mall-type configuration with a series of atriums.  The building includes an L-shaped two story addition along the back.  Skylights have been liberally scattered throughout the building to bring more light into the building.


There was some brief discussion of a time line and of debt service projections.  It was estimated that this project would require a tax increase of approx. 1.25 cents.  This project would take approx. 24 months.


Following much discussion, Commissioner Kumor made the motion to direct staff to enter into purchase negotiations for the 4.56 acres and the 2.12 acres, which is the existing facility and the property in the rear, not to exceed $2.65 million and to further enter into negotiations for the purchase of the additional 4.52 acres, which is property adjacent to it. 


A vote was taken and the motion carried four to one with Commissioner Moyer voting nay.



Commissioner Gordon had distributed a memo regarding the historic courthouse rehabilitation.  She felt that it tied into the discussions regarding facilities and therefore asked that this item be added to the agenda at this point. 


The Board received a presentation in December on the rehab. project from Ron Morgan of Urban Ventures discussing the possibilities for a Public/Private partnership in the historic courthouse property and possibly some other county owned properties.  This has been left hanging pending where the Board went with the facilities.   We have a Finance Department in the historic courthouse annex, a jail under construction.  The current jail will be vacated.  With the decision the Board just made regarding the Carolina Apparel Trading Building, they opened up the possibility of moving the Sheriff out of the Nuckolls building.  She stated that she felt it was important to get the planning process really moving on what happens to the historic courthouse when some of these departments move out of those locations and that building opens up. 


Mr. Morgan had prepared an outline of what has been done in other areas or what could be done in preparing an RFO (request for proposals) for professional design and development services that would relate to those properties.   The Board put $10,000 in this year=s budget for the historic courthouse project.  That is about what municipalities have had to contribute as their share to get the process initiated.  It is a pretty extensive evaluation of what we have, what can be done and how historic property tax credits can be applied.  She asked for the Board=s opinion on authorizing that we proceed to get this initiated.  The first step would be sending out requests for proposals to see what we get back.  Then we can evaluate any proposals and decide at that point in time what direction to take on what we can do with the historic courthouse.


David stated that staff needs to research the General Statutes and then they will work with Commissioners Gordon and Kumor (subcommittee) and bring an example back to the Board of a request for proposal. 


It was the consensus of the Board to proceed.



Chairman Hawkins made the motion for the Board to go into Cane Creek Water & Sewer District.  All voted in favor and the motion carried.


Commissioner Kumor made the motion to go out of the Cane Creek Water & Sewer District.  All voted in favor and the motion carried.



Commissioner Kumor made the motion to go into Closed Session as allowed pursuant to NCGS 143-318.11 for the following reasons:


1. (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 the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease.


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. 


There being no further business to come before the Board, the meeting was adjourned at approximately 1:00 p.m.







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