STATE OF NORTH CAROLINA                                         BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                            AUGUST 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, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.


Also present were: Finance Director J. Carey McLelland, Budget Analyst Selena Coffey, Public Information Officer Chris S. Coulson, Assistant County Attorney Jennifer O. Jackson, Planning Director Karen C. Smith, and County Engineer Gary Tweed.



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



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



David Nicholson gave the invocation.



The Clerk mentioned one typographical error under Nominations, #5 should read Community Child Protection Team instead of Community Child Prevention Team.


There were no other adjustments.



Chairman Hawkins made the motion to approve the Consent Agenda.  All voted in favor and the motion carried.  The CONSENT AGENDA consisted of the following:


Tax Collectors= Report

The Tax Collector=s Report was presented to the Board dated through August 7, 2000.


Road Petition (for addition to the State Maintenance System)

The County had received a road petition to add Chanter Drive to the state Maintenance System. 


It has been the practice of this Board to accept road petitions and forward them to NC DOT for their consideration.



Resolution - honoring Al Calli

A resolution honoring Al Calli for his outstanding service to Henderson County was presented for the Board=s consideration/adoption.  The resolution is attached as part of these minutes.


Commissioner Gordon asked that the Resolution honoring Mr. Cali be pulled and read.  Mr. Cali was present at the meeting.  Commissioner Kumor read the Resolution:




Whereas, Al Calli started the Volunteer Mounted Patrol in 1995 and has donated over 4,000 volunteer hours to this program; and,


Whereas, While serving as the Director of the Mounted Patrol, the following awards were received:


$                NACo Achievement Award for the Mounted V.I.P. in 1996;

$                NACo Achievement Award for the Sheriff=s Mounted Cadets Program

in 1998;

$                Safety awards from the American Horseman=s Association in 1996,

1997, 1998, and 1999;

$                Outstanding Volunteer Service from the Henderson County Volunteer


$                NC State Fair Outstanding Volunteer Service Award for 1997, 1998, and


$                NC Agriculture award for 1998; and,


Whereas, Mr. Calli assisted three other counties with a Mounted Patrol Program; and,


Whereas, Mr. Calli started the Mounted Security Program at all Henderson County football games, Jackson Park, and Mountain State Fair; and,


Whereas, Mr. Calli helped with the D.A.R.E. camp for the last three years; and,


Whereas, Mr. Calli helped the flood victims for a week in Pitt County, N.C.


Now Therefore Be It Resolved, the Henderson County Board of Commissioners commends Mr. Al Calli for his dedicated service to Henderson County and its citizens.  The Commissioners extend to Mr. Calli best wishes in his future endeavors.


Adopted this 7th day of August, 2000.


Mr. Calli came forward and stated that he has the privilege of serving now as the C.E.O. of the Blue Ridge Community Health Service.  He stated that this is one of the gems of Henderson County. His early responsibility will be to see that every citizen is aware of the high level of health service provided at this community facility. The Board wished him the best.



Notification of Vacancies

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

1. Land-of-Sky Regional Council Advisory Council on Aging - 1 vac.



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

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

Commissioner Moyer nominated Margo Nagel to position #10.  Chairman Hawkins made the motion to suspend the rules and appoint Ms. Nagel.  All voted in favor and the motion carried.


2. Juvenile Crime Prevention Council - 1 vac.

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


3. Mountain Area Workforce Development Board - 1 vac.

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


4. Child Fatality Prevention Team - 1 vac.

There were no nominations at this time so this item was rolled.  Commissioner Kumor asked if this seat had to be filled by someone from Juvenile Probation.  Staff was asked to research this.


5. Community Child Protection Team - 1 vac.

Commissioner Gordon nominated Karyn Joyner.  Commissioner Kumor made the motion to suspend the rules and appoint Ms. Joyner.  All voted in favor and the motion carried.


6. Recreation Advisory Board - 1 vac.

Commissioner Moyer nominated Gary Eblen.  Commissioner Ward nominated Roy Huntley.  A vote will be taken at the next meeting.



A draft of the Hospital=s FY00-01 budget had been supplied for the Board=s review.  The Board of Directors of the Hospital Corporation is expected to approve this budget in August or September.


Mrs. Sandy Smith reviewed the Hospital Budget with the Board as required by the Lease Agreement.  The Hospital is required to present to the Board of Commissioners a summary of their intended budget before the Board of Directors actually approves it.



The gross patient service revenue is expected to be in excess of $150,000 related strictly to service increases, activity increases and additional billable units of service.  They proposed a 4% rate increase in the budget, attempting to overcome some of the effects of the Balanced Budget Act.  They expect the Balanced Budget Act to have an impact of about $1.6 million in reduced revenues for the hospital over the coming year.  The Balanced Budget Relief Act helped somewhat.  They are adding a number of services through the course of the up-coming year.  The new Adult Day Health Service will open hopefully at the end of this month and be fully operational for the next budget year. They have just opened a practice in Fletcher to provide some occupational medicine services to that part of the county.  The Pardee Care Center continues to increase their census and to raise the level of staffing to be able to deal with that capacity census.  They=ve added some additional services and staff in the emergency department. 


Ms. Smith stated that utility costs have gone up.  They have incorporated into the budget plan a debt service payment for the anticipated revenue bonds.  The gross margin for the 2000 budget for the hospital is projected to be about 3%.  The budget this year was projected at 3.2%. 


She briefly reviewed their five year cash flow projection.  



The Board was asked to consider the approval of a change order in the amount of $9,036 for the new Detention Center.  This change order was to install an additional camera in two of the exercise areas.  Visual supervision of these areas from the Housing Control Room was judged by the Jail Staff not  to be sufficient.  These additional two cameras will assist the personnel in the Control Room with an improved view of any inmates in the exercise areas. The monies would come out of the project=s contingencies.


David Nicholson and Bill Byrnes showed this change on a map/drawing.


Following some discussion, Commissioner Ward made the motion to approve the request.  All voted in favor and the motion carried. 



The County Service Building Project Team (Commissioner Kumor,  David Nicholson, Gary Tweed, Bill Byrnes, and Bill Blalock) interviewed the three selected architectural firms for the County Service Building Project on Friday, August 4, 2000.  The Team made its recommendation to the Board regarding selection of an architect. Commissioner Kumor, on behalf of the Team, recommended the firm of Harley Ellis of Asheville, NC. 


Commissioner Kumor made the motion to adopt the Resolution to hire the firm of Harley Ellis of Asheville. 


The Board should authorize the County Attorney and the County Manager to immediately initiate contract negotiations with the firm.  The intent is to present an architectural contract for approval at the August 16 Commissioners= meeting.  The firm was formerly the Architect Six Associates in Asheville. This firm has 28 people on staff here and have a parent firm elsewhere, Commissioner Kumor thought it was in Michigan.


Commissioner Kumor explained that the Team was specifically looking for firms that had some renovation and rehabilitation work.  The three finalists had a lot of that.  They looked at their capabilities, whether they would have to hire outside support or do most of their work in-house and the kind of resources they had in-house to draw upon, as well as their abilities to work with a large number of people in the design phase. 


Chairman Hawkins reminded the Board that there is a motion on the floor to authorize the County Attorney and County Manager to proceed in negotiations on the architect contract [as authorized by the resolution].  All voted in favor and the motion carried. 



The County had received an Abandonment Petition requesting that Bridge #42 located on Stepp Mill Road (SR#1734) be abandoned and removed from the State=s Maintenance System.


Angela Beeker informed the Board that this petition is asking the Board to ask NC DOT to abandon Bridge #42 from the State=s Maintenance System.  Ms. Beeker distributed a map she had prepared of the area.  In order for the Board to make such a request, they must find that the public interest would be served thereby.  Typically when the Board receives a request to abandon a portion of a road or a road (Ms. Beeker stated that she believed that a bridge would be considered a portion of a road) the Board holds a public input session and request the emergency service providers to comment.  That is an option for the Board on this matter also.  Ms. Beeker stated that the NC DOT was proposing to realign the road and build a new bridge, the folks in the area decided they would rather have it abandoned. 


It was the consensus of the Board for staff to advertise for August 16 for a public input session on this item and to solicit response from our emergency service providers and planning staff.



Chairman Hawkins stated that the Sept. 11 meeting the Board hoped to have jointly with the DSS Board would have to be rescheduled as the Chairman of the DSS Board cannot make that meeting. Chairman Hawkins will contact Chairman Lapsley to reschedule the meeting. 


Chairman Hawkins has a Hospital Board meeting on August 23 and therefore will be unable to make the Organizational Workshop scheduled for that day.  Following discussion, it was decided that staff would try to put some of that on the Sept. 16 meeting (the mid-month meeting). 


Angela Beeker informed the Board of the need to cancel the scheduled Public Hearing concerning the appeal of Kenneth Swing, DDS.  She asked for a motion to cancel.  Flat Rock and Rick Merrell have filed a law suit asking the court to tell us what the proper procedure should be for this appeal.  It is a declaratory action, they are not seeking damages.  They just want to know what the proper procedure for the Board to follow in this appeal. 


Angela Beeker=s recommendation would be to stay this appeal until the litigation is resolved.


Commissioner Kumor made the motion to stay this appeal until the litigation is resolved.  All voted in favor and the motion carried. Commissioners Moyer and Ward refrained from voting on this issue. 

Chairman Hawkins explained that the declaratory judgement will give this Board directions on the proper procedure to follow when they hear the appeal, hopefully that will prevent the Board from having to hear it twice. 


Ms. Beeker explained that it is meant to be friendly law suit.


David Nicholson informed the Board of the need to set a public hearing on a rezoning request by Mr. Leon Allison (#R-01-00).  Staff suggested the Board adopt a special order setting the public hearing for September 5 at 7:00 p.m. 


Commissioner Kumor made the motion to adopt a special order setting a public hearing on a rezoning application for Mr. Leon Allison for September 5 at 7:00 p.m.  All voted in favor and the motion carried.


David Nicholson informed the Board of the need to adopt a special order setting a public hearing for economic development incentives for Manual Woodworkers & Weavers, Inc.  Scott Hamilton, from the Committee of 100 was present and addressed the Board.


Scott Hamilton, Vice-Chairman of the Committee of 100, stated that this request for economic incentives is for a proposed expansion of their facility.


Commissioner Kumor made the motion to adopt a special order setting a public hearing for economic development incentives for Manual Woodworkers and Weavers, Inc. for September 5 at 7:00 p.m.  All voted in favor and the motion carried.


David Nicholson informed the Board of the need to adopt a special order setting a public hearing concerning a proposed amendment to the Fire Prevention Ordinance. 


The Fire Marshal has been working with the Fire Chiefs in Henderson County in order to arrive at an acceptance procedure for fire investigations in the County.


Jennifer Jackson stated that the Fire Chiefs have indicated that the fire departments would like the responsibility of performing the investigation to determine the origin, cause and circumstances of fires occurring in their fire district.  Under this arrangement the Fire Marshal will remain available to perform investigations when a fire involves injury or loss of life to any person, when arson is suspected, when any fire department requests assistance with an investigation, or when circumstances otherwise warrant such involvement.


An amendment to the Fire Prevention Ordinance (Chapter 97 of the Code) is necessary to clarify those roles and accomplish the requested amendment.


The Board was therefore asked to consider an amendment to Section 97-12.


The Fire Chiefs have been actively involved in this discussion but the Board should consider setting a public hearing in order to allow all of the fire departments and the citizens to offer their comments on the proposed amendment.  Staff recommended the public hearing be set for September 5.


Commissioner Moyer made the motion to set the public hearing for September 5 at 7:00 p.m.  All voted in favor and the motion carried.



Commissioner Kumor announced that our t.v. schedule is changing.  She stated that we are on Cable TV Channel #11. We are changing our Thursday time to 7:00 p.m. and we are still at 4:00 p.m. on Sunday and 9:00 a.m. on Monday so there are a lot of opportunities to tune in to this gavel to gavel coverage. 



There were none signed up to speak.


One gentleman came forward, wishing to speak about the Bridge abandonment.


1.Roy Murray - Mr. Murray asked about the date the Board had set for the public input meeting regarding Bridge #42 abandonment request. 


Chairman Hawkins informed him that it is scheduled for August 16 at 11:00 a.m.


Mr. Nicholson informed the Board that Mr. Noel Watts from SSEACO was present and wished to address the Board.


2. Noel Watts- Mr. Watts is President of SSEACO (Something Special Enterprises and Career Opportunities, Inc.)  He thanked the Board for their most generous support again this year, on behalf of the 110 persons with a disability who attend SSEACO each weekday, the Board of Directors, and Staff. 


In the past six years, since moving into their new facilities, SSEACO has grown from 22 employees to 125 and of this number 44 are persons with a disability. 


During fiscal year 1999-2000, 66 persons received vocational training that led to employment and of this number 60 were persons with disabilities and 6 were from our community=s welfare system.



Ken Weitzen, Chair of the Environmental Advisory Committee (EAC) informed the Board of a Resolution asking the Board to declare September 16 as AHenderson County Big Sweep Day@.


The EAC had been asked to study the VWIN program.  Their first charge from the Board was to address litter in the county.  At the request of the Mud Creek Restoration Project Council Co-Chair, Renee Kumor, the EAC was updated at their July 12 meeting about the Mud Creek Restoration Project.  The Mud Creek Demonstration Trail is the first leg of the Greenways system in the county and runs along Mud Creek.


Clean NC 2000 is collaborating with NC Big Sweep this year.  Because there are several current projects which involve Mud Creek and because they are charged with addressing litter in the county, the EAC voted to participate in NC Big Sweep this year and to focus the clean-up on Mud Creek.


Chairman Hawkins made the motion to adopt the prepared Resolution.  All voted in favor and the motion carried. 



Andrea Leslie, Western Region Watershed Coordinator with the NC Division of Water Quality presented this update.  She stated that Commissioner Kumor is the co-chair of the Mud Creek Watershed Council and had requested this presentation to update the Board on this project.  The Council has representation from local government, state and federal agency staff and others.  The goal of the Council is to educate the public about water quality in the Mud Creek and to participate in the formation of a watershed strategy to facilitate its restoration.


The Watershed Assessment and Restoration Project (WARP) is a two-year project initiated by the NC Division of Water Quality to investigate biologically impaired (unhealthy) streams.  The Mud Creek Watershed is one of eleven watersheds across North Carolina, which was targeted to be studied.


This project has a number of goals: the first goal is to look at the status of water quality or stream status throughout the watershed as well as take a look at more areas within those creeks; the second goal is to look at causes of stream impairment and to look at the sources of those problems; the third and final goal is to come up with a watershed strategy which will recommend what needs to be done to improve quality.  They will be performing stream walks and will be going onto private property to access stream conditions and will be taking biological samples and basic water samples. She answered several questions from the Board.


Ms. Leslie has made a presentation to the Environmental Advisory Committee and participated in three public meetings throughout the county the week of August 1.

This was presented for information only, no action was required.


Chairman Hawkins called a 15 minute recess.



Commissioner Moyer mentioned that activity is going on with respect to the thoroughfare plan.  There is a man, Bill Coffey, from NC DOT who is in the county for three months doing what they call data collection.  Traffic counters will be placed in strategic points throughout the county to check on traffic volumes.  If there are any places you would particularly like for counters to be put to count traffic, they say they are flexible and will try to accommodate those.  If you will let Mr. Nicholson know about those, he will pass that along to Mr. Coffey.  The staff doing this data collection will be in white cars, primarily Chryslers with yellow state tags.  Commissioner Moyer said that the State thus far has done a good job of keeping us informed of the various steps, we have a timetable and as far as he can tell they are on the timetable. 


Commissioner Moyer also mentioned that the TIP (transportation improvement program) draft is just beginning to be circulated.  The Transportation Advisory Committee (TAC) has discussed this issue but has not decided what to do with it as yet.  It is on the agenda for the next TAC meeting. 


PUBLIC HEARING - Rezoning Application #R-02-00 (R-20 to C-4)

Mr. Dewey Putnam, Applicant

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


Karen Smith reminded the Board that the Board of Commissioners had scheduled for this date a public hearing on an application by Mr. Dewey Putnam for a proposed amendment to the Official Zoning Map of Henderson County.  Mr. Putnam had requested that the County rezone a 0.65 acre parcel that he owns on Spartanburg Highway (US 176) from an R-20 Low Density Residential district to a C-4 Highway Commercial district.


The Henderson County Planning Board reviewed the application at its meeting on June 27, 2000 and voted unanimously (8-0) to send the Board of Commissioners a favorable recommendation on Mr. Putnam=s request as submitted.


In accordance with Section 200-76 of the Henderson County Zoning Ordinance and State law, notices of the public hearing were published in the July 25, 2000 and August 1, 2000 editions of the Times-News. The Planning Department sent notices of the hearing via first class mail to the applicant and the owners of property adjacent to the subject property on July 21, 2000. On July 25, 2000, Planning Staff posted signs advertising the hearing on the subject property.


The Planning Department sent notices of the hearing to the newspaper and property owners on July 18 and 19, 2000, respectively, however such notices contained an incorrect hearing date.  On July 21, 2000, Planning Staff delivered a corrected notice to the newspaper and mailed corrected notice to property owners.  The Planning Department met all required notification deadlines with the corrected notices.


Public Input

There was none.


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


Commissioner Moyer made the motion to approve the request.  All voted in favor and the motion carried. 



Commissioner Kumor made the motion that the Board 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 action:


Holmes v. Henderson County (Henderson Co. File No. 99-CVS-829)


All voted in favor and the motion carried.


Chairman Hawkins 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, the meeting was adjourned at approx. 8:00 p.m.






Elizabeth W. Corn, Clerk to the Board                       


Grady Hawkins, Chairman