STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                          OCTOBER 2, 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, Public Information Officer Chris S. Coulson, Assistant County Attorney Jennifer O. Jackson, Planning Director Karen C. Smith, County Engineer Gary Tweed, and Fire Marshal Rocky Hyder.



Chairman Hawkins called the meeting to orderand welcomed those in attendance.



Chairman Hawkins led the Pledge of Allegiance to the American Flag.



Dr. Victor Rampey, Pastor of Main Street Baptist Church, gave the invocation.



Chairman Hawkins recognized Commissioners Kumor and Gordon, who are currently working on a special project. Commissioner Kumor called attention to the necklaces that she and Commissioner Gordon were wearing.  They were wooden bead necklaces.  It is a project to help bring attention to breast cancer awareness.  The Girl Scouts in the community are helping by assembling the necklaces. Members of the Pardee Foundation will be selling the necklaces and the money will be used to help make women aware that this is Breast Cancer Awareness Month and time to make sure that you=ve had your annual mammogram. She thanked the Girl Scouts for their support.


Commissioner Gordon thanked Commissioner Kumor for the many years of service she has given to this cause.



Angela Beeker requested that one item be added to the Closed Session, a Personnel item pursuant to NCGS 143-318.11(a)(6).


David Nicholson requested that one item be added under Important Dates - to set a Public Input Session.


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



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



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

August 15, 2000, special called meeting

August 28, 2000, special called meeting


Henderson County Financial Report - August 2000

The Henderson County Financial Report for August had been submitted for the Board=s review and approval.


During the month of August, the County received a significant amount ($5.74 million) of State reimbursements included in the August revenue totals that were actually recorded as accounts receivable at June 30th. These revenues will be adjusted from the current fiscal year=s totals after the final FY 2000 adjusting entries have been completed and the audit report is issued for the previous fiscal year.


Henderson County Public Schools Financial Report - August 2000

The Henderson County Public Schools Financial Report for August had been submitted for the Board=s review and approval.


Tax Collector=s Report

Terry F. Lyda, Tax Collector, had submitted the Tax Collector=s Report for the Board=s review as of September 28, 2000.


Darlene Burgess, Deputy Tax Collector, had submitted the Deputy Tax Collector=s Report



Notification of Vacancies - there were none.

Chairman Hawkins noted that there were no notification of vacancies but reminded the Board that at the last meeting the Board chose to continue to be an electing county.  That committee must be updated.  It should be on the next agenda if there are any vacancies that need to be filled.



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

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

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


2. Mountain Area Workforce Development Board - 2 vac.

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


3. Child Fatality Prevention Team - 1 vac.

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


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

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


5. Adjustment, Henderson County Board  - 2 vac.

There were no nominations at this time so this item was rolled to the next meeting. One vacancy must be filled with someone from the Lake Summit area.  Chairman Hawkins asked that staff contact Debra Stierwalt (from Lake Summit area) to see if she is interested in continuing to serve on this Board.


6. Community Child Protection Team - 5 vac.

There were nominations at the last meeting as follows: Mary Murray, Dotty Effinger, Jo Anne Grimm, Walter Harper, Jane Lindsey, and Thomas Hix.


Chairman Hawkins requested that staff contact Jane Lindsey and Thomas Hix to see if they are interested in continuing to serve, prior to the next meeting. 


Chairman Hawkins had received a request to change the terms to staggered terms.  This will be addressed at a future meeting, either when appointments are made or after that time.


7. Downtown Hendersonville, Inc. - 1 vac.

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


8. Hospital Corporation Board of Directors - 5 vac.

There were no nominations at this time so this item was rolled to the next meeting.  Letters have been sent to all the applicants that we had for this Board, advising them of an orientation session at Pardee Hospital on October 10 and 11. 


9. Travel & Tourism Committee - 3 vac.

At the last meeting there were four nominations as follows: Delmar Jones, Myra Woods, Dennis Page, and Jim Hall.


There were no more nominations at this time.  Chairman Hawkins asked the Clerk to poll the Board.

The appointees were: Page, Woods, and Jones.


10. Juvenile Crime Prevention Council - 1 vac.

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


11. Fire and Rescue Advisory Committee - 7 vac.

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


Chairman Hawkins stated that the Board of Commissioners will be appointing six people but three of them will be recommended from the Fire & Rescue Association.  The Board decided to wait for the recommendation from the Fire & Rescue Association.


12. Henderson County Planning Board - 2 vac.

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



The Board of Commissioners requested that the Solid Waste Advisory Committee (SWAC) provide a recommendation on the waiving or lowering of the solid waste fee for non-profit organizations. 

Gary Tweed informed the Board that the SWAC met on September 6, 2000 and recommends that the Board not change the current program.


Following discussion, Commissioner Kumor made the motion to adopt this recommendation as part of the Board Solid Waste Policy (that there is no waiver of fees for non-profits). 


Following additional discussion, Commissioner Kumor amended her motion that this be placed in the Solid Waste Ordinance rather than as a Solid Waste Policy.  A vote was taken and the motion passed unanimously. 



Rocky Hyder, Emergency Management Coordinator/Fire Marshal, presented a budget for Property Addressing  for the remainder of the fiscal year.  The personnel expenses of $44,078 for the Property Addressing Coordinator and Address Technician #1 will be transferred from the Land Records Department=s budget.  The balance of $37,017 was requested to be transferred from Contingencies to Emergency Management. 


Mr. Hyder stated that the biggest challenge in property addressing at this point is to communicate the change in our mission for property addressing.  They have been actively trying to do that.  They will be more aggressive in communicating that to the public.  They have been trying to let the citizens know that we are no longer proposing or promoting a one-size fits all addressing system.


Mr. Hyder reviewed the budget requests with the Board.  Following discussion, Commissioner Moyer made the motion to approve the budget request but to work with the County Manager to recoup. as much money as they can from the current budget as well as transfer $44,078 from Land Records to Emergency Management.  All voted in favor and the motion carried.  Chairman Hawkins will address the issue with Mr. Baird.


There was much discussion between staff and Commissioners regarding additional monies that remain in the Assessor=s budget that were appropriated for property addressing and could now be put back into contingencies to account for some of the above transfers.  






Angela Beeker informed the Board that staff had received a proposed resolution authorizing the County Attorney and Staff to proceed with the sale of a portion of that property recently purchased by the County adjacent to the Solid Waste Management Facility on Stoney Mountain Road, the property being located on Foxwood Drive.  At a recent meeting the Board directed that the property be sold by public auction.  The proposed Resolution authorizes such a sale. 


Mrs. Beeker stated that first of all the Board must designate the property as surplus, the Resolution does that.  The Resolution also must set the date, time, and place of the sale.  She has been in touch with a local auctioneer, Mark White.  The Board does not have to go out for bid on auctioneer services.  An auction date of November 18 has been suggested at 12:00 noon at the property location.  It must be advertised 30 days prior to the sale date; therefore staff would have to get this to the newspaper next week.  She reviewed the provisions of the Resolution with the Board.


A map showed the property subdivided into two parcels.  A recent appraisal of the two parcels combined stated the value at $344,000.  It was recommended though that the property be sold as one block.


Following discussion, Commissioner Kumor made the motion to approve the Resolution with the changes suggested by the County Attorney regarding filling in the blanks of the Resolution and to accept Mr. White=s proposal as auctioneer for this project. All voted in favor and the motion carried.



Staff had received requests from the Department of Social Services for additional positions.  These positions include two Child Protective Service Workers and a Domestic Violence Social Worker.  These positions will be funded entirely by federal and state grants and require no county match.  They also requested utilizing a vacant half-time position to assist with the creation of a full-time interpreter for the Department.  They would use already budgeted lapsed salaries to fund the additional cost. 


Liston Smith had three requests and presented each one separately:


#1  2000 Session - General Assembly Fund Allocation to meet Child Protection Staffing Standards.


The General Assembly appropriated for each of the counties in North Carolina an allocation of child protective service funds.  They did this based on the >99-=00 level of service for each county.  They came up with a formula.  The intent of the Bill was proactive,  to try to get ahead of this growth curve.  There was 12% growth statewide, 13% growth in Henderson County in the number of children reported as abused and neglected.


General Assembly moved funds from Federal TANF Block Grant ... reimbursement linked to families= TANF eligibility.  They allocated $101,000 to Henderson County which is a recurring annual allocation. It is non-supplanting, cannot be used for existing staff.  It has to be staff that has been hired since July 1, 2000.  It is 100 % Federal, no county match or state match required.

He requested two additional child protection services personnel to be funded by securing these Federal funds.


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


#2  2000 Session - General Assembly Fund Allocation for Domestic Violence Services to Workfirst.


Because we are using the Workfirst Block Grant funds, they have to link it to TANF eligibility which means the family has to be below 200% of the poverty level.  Henderson County has been a pilot county with the state at no cost with domestic violence.  Each County has been allocated $30,000.


Liston requested one additional Social Worker III as a project employee.


He has worked out a contract with Mainstay where he can offset their costs for all the folks who would be Workfirst eligible.  We can support Mainstay shelter and counseling basic need services to Workfirst customers (for example, reimburse daily shelter cost of Workfirst family staying in shelter overnight). They would provide a specialized domestic violence social worker for women with children experiencing domestic violence.  He hopes to outpost this worker at Blue Ridge Community College.


Commissioner Kumor made the motion to authorize the hiring of an additional social worker as a  project employee to work on the DSS Domestic Violence Program.  All voted in favor and the motion carried.


#3  Request for Vacant Half-Time Position Change to Full-Time Social Services Interpreter Position.


Liston Smith explained that the Social Services Board voted on this in July.  This is not a position  relating to any General Assembly action.  Social Services is experiencing a real demand for interpreter services. 


Inaccurate or incomplete information can delay service or cause denied service. It could even discourage applications for service.  Accurate or complete information can cause things to flow much smoother. Federally funded program providers are required to Aensure@ fair/equal opportunity for customers of Alimited English proficiency@.


Liston requested reallocation of a half-time to a full-time position and he will use some lapsed salaries.  No additional monies are needed.  The interpreter will focus in the Medicaid/Public Assistance area and be available for folks who come into the lobby.


Commissioner Kumor made the motion to approve a full-time Social Services Interpreter position. All voted in favor and the motion carried.



1. Theodore Etherington - Mr. Etherington read a one page typed statement AGAINST the TIP Committee/Sub-Committee proposal to widen Highway #25 South from White Street to Highland Lake Road.   He lives in the area and feels that Highway #25 South is a scenic, unique, residential road and would be changed into an ordinary road if widened as planned.  Highway #25 South parallels Highway #176, a five-lane thoroughfare which is all commercial.  The two roads are never more than .5 mile distant from each other. 



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 a claim.

2.(a)(4)            To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body.

3.(a)(6)            To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or  investigate a complaint, charge, or grievance by or against an individual public officer or employee.


All voted in favor and the motion carried.


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



Commissioner Moyer serves as Chairman on the Transportation Advisory Committee which was appointed by the County Commissioners.  There is one person on the Committee put there by each of the municipalities.  The Commissioners appointed eleven other members.  It has a broad-based representation from the community.  There is a representative from the Sheriff=s Department, one from the Schools and two representatives involved in public transportation, bikeways and walkways.


The Transportation Advisory Committee met on September 28, 2000 to review the T.I.P. Sub-Committee=s recommendations on the Draft 2002-2008 Transportation Improvement Program.  The Sub-Committee had ranked each project based on safety, growth, land use, congestion, main entrances, environmental impact, bikeways and walkways, effect on community and cost effectiveness.

It was the Transportation Advisory Committees= position that if they were going to carry out the function that the Commissioners had asked them to do with respect to road projects and the connector, etc., that they should study the Transportation Improvement Program and make a specific  recommendation to the Commissioners and to the LGCCA with respect to the T.I.P. as proposed by the State. 


The Sub-Committee chose not to consider any projects currently under construction such as the widening of US #25 North or Interstate 26 Projects such as guardrails, weigh stations or bridge construction. In addition to the projects on the Draft T.I.P., the Sub-Committee agreed to consider an alternative solution to the NC #191 Project and added US #64 West from Buncombe Street to Daniel Street to the list.  The Sub-Committee also ranked the US #25 South Project that has been suggested by the City of Hendersonville. 


The following is the unanimous recommended ranking of the T.I.P. Projects from the Advisory Committee:


1.               Widen and straighten Upward Road (SR #1783) to a four or five-lane facility from US #26 to US #176, including improving the South Allen Road (SR #1756) intersection.  Construct bridges and extend or replace pipes and culverts.  Construct bikeways and walkways along entire length of road.  Four-lane facility should be constructed north of grass strip and trees between lanes to create an attractive boulevard entrance to the County and City and enhance economic development in the southern end of the County.


2.               Widen US #64 West to a four-lane facility from Buncombe Street to Daniel Drive.  Construct bikeways and walkways along entire length of road, where feasible.  Insert into T.I.P.


3-A      Widen NC #191 to add a third lane for turning and improved access from US #25 to intersection of Mountain Road (SR #1381) and Stoney Mountain Road (SR #1383).


3-B      Widen NC #191 to a four-lane facility from the intersection of Mountain Road (SR #1381) and Stoney Mountain Road (SR #1283) to NC #280.  Should be constructed with grass strips and trees to create an attractive boulevard entrance into the County and City.  Replace bridges and extend or replace pipes and culverts.  Construct bikeways along entire length of road.


3.               Widen and straighten Stoney Mountain Road (SR #1383) to a four-lane facility from NC #191 to US #25.  Extend or replace pipes and culverts.  Construct bikeways and walkways along entire length of road.  Insert into T.I.P.


4.               Widen and straighten US #25 South from White Street to Highland Lake Road (SR #1783) to three lanes for turning and improved access.  Construct bikeways and walkways along the entire length of road.  Insert into T.I.P.


5.               Widen the NC #225/US #25 & I-26 Connector.  Extend or replace pipes and culverts.


The Advisory Committee suggests that this report be presented to each of the County=s elected boards and to the LGCCA for discussion.  The LGCCA should attempt to reach consensus among its members to support the Transportation Advisory Committee=s recommendations.  A public hearing should then be held to seek input from the citizens on this plan.  Following the hearing, a unified proposal should be developed for presentation to the NC Department of Transportation.


Commissioner Moyer hoped to have a unified (from the LGCCA, The County Commissioners, and  the municipalities) recommendation to take to the T.I.P. hearing scheduled for November 15 in Sylva, NC, 2:00 to 4:00 p.m.  The Commissioners have a regularly scheduled Board of Commissioners= meeting scheduled for 9:00 a.m. on that day.  Mary Jo Padgett asked the State to change the time of this hearing and they refused.  Commissioner Moyer felt that we should continue to go on record that we are not satisfied with the time, that it is difficult for the Board and for the citizens to attend a meeting in Sylva at 2:00 in the afternoon. 


Commissioner Moyer mentioned that there was a scoping meeting in Raleigh today concerning how many lanes to make Hwy. #191 coming into Hendersonville.  David sent Selena Coffey to monitor the meeting.  He asked David to update the Board on that scoping meeting.


Update on Scoping Meeting - Raleigh

concerning number of lanes for Hwy. # 191

David Nicholson stated that Henderson County also asked to have this meeting moved and were told  no they would not move it.


Selena Coffey left Mr. Nicholson a voice message and he reported on the meeting from the voice mail as follows:


She stated that it was a very worthwhile meeting for her to be at from the standpoint of getting our information to the state officials.  They talked very specifically about what they were looking at for  Hwy #191.  They were very much interested in what the Transportation Advisory Committee was going to be submitting at today=s Commission meeting. 


Mr. Nicholson took Ms. Coffey out Hwy. #191 last Friday afternoon, driving it and explaining what the issues were.  The state was very favorable toward our presentation.  Roger Briggs, the City Planning Director, was also there representing the City and he spoke in support of item A, which is the three lane, turn lane, for Hwy # 191 from the intersection of Hwy. # 25 to Mtn. Road/Stoney Mountain intersection.  Ms. Coffey had the opportunity to speak on all three parts, 3-A, 3-B and what she called 3-C but is actually # 4 on the list.  According to Ms. Coffey, they felt that items 3-A and 3-B were right in line with what they would want to do to the road.  They were very interested in our proposal and would want to work with us on that.  Number four is a change in the scope of  the project.  They really did like the idea of improving Stoney Mountain.  They said it made a lot of sense to look at Stoney Mountain as another access off of # 191 to # 25 and were very impressed with that idea.  That however, is a change in the current T.I.P., because that is a funded project.  They requested a letter from the County and from the City saying we would like for you to also consider as a part of this project the improvements to Stoney Mountain Road.  Mr. Briggs indicated he would approach the Council about that and Ms. Coffey indicated she would approach the Board of Commissioners about getting the letter. 


Ms. Coffey was very positive about the meeting, about the response that we got from the standpoint of the recommendations from the Transportation Advisory Committee and particularly from the standpoint of the three lane/turning lane on the front part and then four laning after that on Hwy. #191 as well as the improvements to Stoney Mountain Road.  She will give David a complete report when she gets into the office tomorrow.


Chairman Hawkins stated that he has already been working at getting this topic on the agenda for the next scheduled LGCCA meeting for October 19 at Blue Ridge Community College (tentative).


Chairman Hawkins stated that he would be happy to draft a letter to Secretary McCory and ask him to change the time of the hearing to evening hours, and get the signatures of those from the LGCCA on the letter before sending it.


Much discussion followed.



Karen Smith informed the Board of the need for the Board to set a Public Hearing on a Proposed Zoning Map Amendment Regarding a Portion of Property Owned by Mr. Leon Allison.


Chairman Hawkins made the motion to set the Public Hearing for Monday, November 6, 2000 at 7:00 p.m.  All voted in favor and the motion carried.


David Nicholson informed the Board of a petition received to abandon a portion of Fanning Field Road.  The Board set a Public Input Session for October 18 at 11:00 a.m.


The Board set a Work Session to discuss various water agreements for Thursday, October 12, 2000 at 10:00 a.m.


There being no further business, the meeting was adjourned.




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