STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                             JANUARY 2, 2001


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 Bill Moyer, Vice-Chair Marilyn Gordon, Commissioner Grady Hawkins, Commissioner Charlie Messer, County Manager David E. Nicholson, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.


Also present were: Public Information Officer Chris S. Coulson, Assistant County Attorney Jennifer O. Jackson, Planning Director Karen C. Smith, and Fire Marshal/Emergency Management Coordinator Rocky Hyder. Amy Brantley, Volunteer Coordinator, was present through the Nominations.


Absent was: Commissioner Don Ward.



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



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



David Nicholson gave the invocation.



At the appropriate time, David Nicholson will add one item to the Notification of Vacancies.


Commissioner Gordon made the motion to approve the agenda as it stands.  All voted in favor and the motion carried.



Commissioner Gordon wished to have some discussion on the ABoard of Commissioner Committee Appointments@.  Commissioner Gordon is currently listed on the Chamber of Commerce Existing Industries Committee.  She stated that committee is not active and asked for that item to be deleted from the list.  She also is currently listed on the Job Ready Board of Directors and is not serving there and therefore asked for that item to be deleted from the list.  Commissioner Gordon stated that Tom Bridges, Director of Public Health, has asked for a Commissioner representative on the Partnership for Health Committee.  She offered to serve in that capacity if noone else wanted to, so she asked for that item to be added to the list.


Chairman Moyer stated that there are some changes in the Board Committee Appointments and asked for a motion to approve the new list.


Commissioner Gordon made the motion to approve the revised Board of Commissioner Committee Appointments.  All voted in favor and the motion carried.


Commissioner Messer made the motion to approve the Consent Agenda.  All voted in favor and the motion carried.  The Consent Agenda consisted of the following:


BOC - Committee Appointments

There was discussion above.  A revised list will be attached as part of these minutes.


Request for Improvement Guarantees for the Glen of Aberdeen

Mr. Gus Campano, on behalf of Butler Holdings, L.L.C., had submitted a request for approval of an improvement guarantee for remaining road, drainage, water and sewer improvements to serve lots in the Cottage Lots area in The Glens of Aberdeen subdivision (previously known as Butler Lake).


Pursuant to Sections 170-38 and 170-39 of the Subdivision Ordinance, a developer may, in lieu of completing all of the required subdivision improvements prior to Final Plat approval, post a performance guarantee to secure the County=s interest in seeing that satisfactory construction of the incomplete improvements occurs.  One type of permitted guarantee is an irrevocable letter of credit.


Butler Holdings, LLC, intends to post an irrevocable letter of credit to be issued by BB&T in the amount of $81,428.75.  The letter of credit would serve as a guarantee for application of additional stone, fine grading and paving of the roads in the Cottage Lots area (Wildwood Forest Land and Glenwood Hill Lane) as well as the cost for labor to install water and sewer lines to serve the Cottage Lots area.  The improvements to serve lots 1 and 2 in the Cottage Lots area were completed in September of 2000 and a Final Plat for those lots has already been recorded.  The developer intends to complete the remaining improvements by April 30, 2001.


A draft Performance Guarantee Agreement was presented for the Board=s consideration.  If the request is approved, Butler Holdings, LLC, must submit the letter of credit in accordance with the terms of the Agreement.  The Assistant County Attorney must review the letter of credit and certify the Agreement as to form prior to its execution by the Chairman and the developer. 


Tax Collector=s Report

Terry F. Lyda, Tax Collector, had provided the Tax Report for the Board=s information, dated December 27, 2000.


Deputy Tax Collector=s Report

Darlene B. Burgess, Deputy Tax Collector, had provided the Deputy Tax Collector=s Report for the Board=s information, dated December 28, 2000.


Henderson County Financial Report

The November 2000 County Financial Report was presented for the Board=s consent approval.


Henderson County Public Schools Financial Report - November 2000

The November 2000 Financial Report was presented for the Board=s consent approval.


Employee Recognitions

The United States Department of Commerce, U.S. Census Bureau had presented a Certificate of Recognition to the Office of the County Manager in appreciation for valuable contributions to the success of CENSUS 2000.



Notification of Vacancies

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


David Nicholson added # 5 to this list. There are actually three vacancies but the Board just appointed Commissioner Ward to serve as one of those (Board representative). Chairman Moyer explained that this is due to the Water and Sewer Agreement that was just finalized with the City of Hendersonville.  One of the major things they will be looking at initially will be redrawing the boundary lines of the Mud Creek Sewer District which has an effect on the Cane Creek Water and Sewer District, plus also to begin a planning effort for sewer in that area, to work together with the city and begin to develop some long range sewer plans.  He stated that if anyone has interest in serving on this committee they should either talk to one of the Commissioners or let Mrs. Corn know.


1. Agriculture Advisory Committee - 1 vac.

2. Board of Equalization & Review - 2 vac.

3. Planning Board, City of Hendersonville - 1 vac.

4. Recreation Advisory Board - 3 vac.

5. Mud Creek Sewer District Advisory Council - 2 vac.


Chairman Moyer stated that #1 could be stricken because Commissioner Ward was just appointed to that vacancy.



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


1.               Nursing/Adult Care Home Community Advisory Committee - 9 vac.

There are three vacancies that can be acted on at this time, to fill positions #8, #11 and #19.  Chairman Moyer made the motion to place the following three names in nomination for reappointment to those respective positions; Nuala Fay, Alice Allen, and James Edwards. All voted in favor and the motion carried. 


2.               Mountain Area Workforce Development Board - 1 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.               Downtown Hendersonville, Inc. - 1 vac.

The downtown merchants have suggested Larry Winson to fill this vacancy.  Chairman Moyer made the motion to appoint Mr. Winson to fill this position.  All voted in favor and the motion carried.


6.               Juvenile Crime Prevention Council - 1 vac.

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


7.               Fire and Rescue Advisory Committee - 1 vac.

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


8.               Henderson County Zoning Board of Adjustment - 1 vac.

Commissioner Gordon nominated Ann Pouch for this alternate position for the Lake Summit District. All voted in favor.


NCDOT - Bridge Replacements

The Board had received a letter from NC Department of Transportation concerning proposed bridge replacements that are included in their 2002-2008 Draft Transportation Improvement Plan.  They solicited the County=s comments on the social, economic, demographic, land use or environmental conditions near the projects.


Mr. Nicholson stated that staff will be collecting comments from the Transportation Advisory Committee and Fire Departments.  Because of the agenda deadline, staff had not completed its collection nor its formal recommendations to the Board.


NC DOT requested the County=s comments by January 15, 2001.


Karen Smith distributed a summary of comments concerning these bridge projects.  Please see attached that four page summary of AHenderson County Planning Department Comments@. 


Rocky Hyder briefly discussed two of the bridge projects, B# 3662 and B# 3857 and the fact that EMS will work with NC DOT to continue to provide service if and when some bridges are closed for repair or replacement.


Chairman Moyer explained that all these bridges are on the Draft T.I.P. for 2002-2008.


David Nicholson explained that staff will be drafting a letter in a week to a week and a half to NC DOT.  Chairman Moyer asked for the Commissioners to be copied on the final letter when it goes out as well as the Transportation Advisory Committee.  The consensus of the Board was to authorize staff to prepare the letter and meet the January 15 deadline.


David Nicholson explained that this item had been pulled from a previous agenda.  Staff had prepared a draft of the Broadcast Policies for the HCTV-11, the Governmental Channel.  These policies include issues such as the purpose of the channel, the types of programs, restrictions and scheduling.  He had asked for comments earlier from Commissioner members and had received none.


The entire draft document was reviewed with the Board and a few changes were suggested.  Staff will make the suggested changes.


Commissioner Hawkins made the motion to accept the Policies as amended on 7-d adding Anon-profits@ and 13 adding Awith the exception to Board of Commissioner meetings@ and changing 15 minutes to 10 minutes in 5c and 5d.  All voted in favor and the motion carried. 


David Nicholson discussed our equipment and the interference we have experienced a few times lately and how staff is trying to eliminate the problems meeting by meeting.


Chairman=s Statement

Chairman Moyer explained that Commissioner Ward has been out of town and was delayed by weather and did not make it back in time to attend this meeting.


NCACC- Legislative Goals

The Board was given a copy of the North Carolina Association of County Commissioners= (NCACC) Proposed 2001-2002 Legislative Goals.  These Goals will be discussed and adopted at their Legislative Goals Conference on January 11-12, 2001.


There are Goals in the areas of Taxation and Finance, Public Education, Human Resources, Criminal Justice, Planning, Development and Land Use and General Government.  They have also included some Additional Comments and Proposals and Policy Statements.


Mr. Nicholson stated there was no specific reference to the Legislative Goals that Henderson County submitted to the Association.  Their approach this year appears to have very specific legislative statements.  He hoped that the Board of Directors of the Association would consider studying issues such as the rewrite of the Machinery Act and the County=s role in the Secondary Road System.  He was disappointed that they made no reference to the landfill permitting timeframe.


David Nicholson brought two Goals to the Board=s attention:

1. Requesting that the State fully fund education, and

2. The elimination of the County=s participation in Medicaid.

However lofty, he does not expect the General Assembly to favorably act on these goals.  He fears that the General Assembly, with these types of submissions, will not consider actions on the other important county goals.


The Board discussed the NCACC goals and Chairman Moyer asked for input from the other Commissioners as he will be voting for Henderson County on the proposed 33 goals at the Legislative Goals Conference.  Other goals may also be presented from the floor.


Commissioner Hawkins made the motion to authorize Chairman Moyer to carry Henderson County=s Proposed Goal regarding the landfill permitting timeframe to the statewide meeting on January 11 and 12.  All voted in favor and the motion carried.  


Board discussion of the following proposed goals showed the Board in favor of:


1. Oppose legislation to amend North Carolina=s Certificate of Need (CON) law unless such      changes retain the integrity and viability of the state=s county hospitals.

2. Support legislation to reinstate state funding of local school system utility costs.

3. Support legislation requiring the NC Department of Transportation to develop alternative               subdivision road techniques to preserve trees and limit land disturbance and erosion.


Board discussion of the following proposed goals showed the Board in opposition of:


1. Support legislation to fully fund schools

2. Support legislation to appropriate state funds to add school health personnel in all counties      so that over a three-year period the state reaches a nurse/student ratio of 1:750.

3. Support legislation to maintain the current cap of 100 units on the number of charter           schools, and to strengthen state oversight and accountability of all charter schools, such       as: requiring the posting of performance bonds and requiring release of end of course test      scores for charter schools simultaneously with the release of scores for other public             schools.

4. Seek legislation to phase out county cost-sharing in the Medicaid program.

5. Seek legislation reuniting the Division of Environmental Health (currently in the                              Department of Environment and Natural Resources) with the Division of Public

    Health in the Department of Health and Human Services.




Hearing no other discussion on the proposed goals, Chairman Moyer stated that he would listen to the discussions of the goals as well as any presented from the floor and do his best to represent the best interests of Henderson County in voting on them.


Commissioner Hawkins stated that he will be attending the Land of Sky meeting on regional goals on January 18th.  He also asked for any input from the other Commissioners prior to the 18th.



1. Charles Roger Mason - Mr. Mason distributed a 2.5 page typed statement in opposition to the proposed new asphalt plant in Henderson County.  His last comment was AI ask the full board, if you can=t support a moratorium, can you not at least adopt a resolution that the proposed location is the wrong location and read that resolution at the air quality hearing.@

PUBLIC HEARING - Rezoning Application #R-03-00 (C-4 to C-2P)

Preservation Foundation of North Carolina, Applicant

Commissioner Hawkins made the motion for the Board to go into Public Hearing.  All voted in favor and the motion carried.


The Board of Commissioners scheduled for this date a public hearing on an application by Preservation Foundation of North Carolina for a proposed amendment to the Official Zoning Map of Henderson County.  Mr. Rex Todd of Regency Development Associates, Inc., had submitted an application on behalf of the Preservation Foundation of North Carolina (Preservation North Carolina) requesting that the County rezone a 1.70 acre parcel that is owned by Preservation North Carolina on Spartanburg Highway (US 176) from a C-4 (Highway Commercial) district to a C-2P (Preservation Neighborhood Commercial) district.  The parcel proposed for rezoning is the site of the old East Flat Rock Elementary School.


The Henderson County Planning Board reviewed the application at its meeting on Tuesday, November 28, 2000 and voted unanimously to send the Board of Commissioners a favorable recommendation on the 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 December 20, 2000 and December 27, 2000 editions of the Hendersonville Times News. The Planning Department sent notices of the hearing via first class mail to the applicant and the owners of property adjacent to and near the subject property on December 19, 2000.  On December 21, 2000, Planning Staff posted signs advertising the hearing on the subject property.


Karen Smith and Josh Freeman were available from the Planning Department to answer Board questions. Mr. Freeman explained the application to the Board. There was discussion.


Public Input

There was none.


Mr. Rex Todd of Regency Development Associates, Inc. was present and available to answer any questions. He wished the Board a Happy New Year! He endorsed the Planning Board=s recommendations as well as the Planning Staff=s recommendations.


Commissioner Hawkins made the motion that the Board go out of Public Hearing.  All voted in favor and the motion carried.


Following discussion, Commissioner Hawkins made the motion to approve Rezoning Application #R-03-00 (C-4 to C-2P)  for applicant, Preservation Foundation of North Carolina.  He further stated that the use was consistent with the Henderson County Land Use Plan.  All voted in favor and the motion carried.



The Board of Public Education is being required by the State to submit a Long Range Facility Plan.  Copies of the criteria the Board used to establish the Plan were presented to the Commissioners as well as the Plan itself.  The Board of Commissioners must review the Plan before it is submitted to the State. 


David Nicholson had previously told the Commissioners that the State was not requiring an updated Facilities Plan for the School System.  In the middle of December the School System received a note from the State requiring the Plan by the end of December.  Mr. Nicholson stated that the Plan is based on some criteria that the State has established.  The Plan is almost $34 million worth of projects.  The Commissioners must certify that they have reviewed the Plan at this time for submission to the State. 


The Commissioners reviewed the Plan and would ask that the School Board come back at a later time with more detail.


Commissioner Hawkins stated that this will be on the agenda of the Joint Facilities Meeting scheduled for February 1, 2001 at 5:30 p.m.


Commissioner Hawkins made the motion to authorize the Chairman to sign the Plan as having been reviewed by the Board of Commissioners.  All voted in favor and the motion carried. 



The Board had been given a copy of the letter from the Board of Public Education concerning the status of the bids on the Etowah Elementary School and the Clear Creek Elementary School projects.  The bids exceeded the sixteen million dollars authorized from the COPS issue.  The Board of Education has requested that the Commissioners authorize the use of $1,031,087 in Acarry-forward@ funds for these construction projects.


The Board of Public Education has indicated their willingness to use additional Acarry-forward@ funds or interest earned on investments to fund the projects= contingencies.


Mr. Nicholson explained that the additional funds are available to use on these projects from the funding stream set aside for school construction.  Staff recommended that the Board approve the Board of Public Education=s request.  The Board reviewed the funding chart and Mr. Nicholson stated that it indicates that the use of the Acarry-forward@ funds will reduce the availability of funds for the middle grade projects.


Following discussion, Commissioner Hawkins made the motion to approve the letter requesting  funding from the Board of Public Education.  All voted in favor and the motion carried.



Schedule for year 2001

David Nicholson reviewed the scheduled meeting dates with the Board for the coming year and asked if they wished to consider changing a couple of them because of possible conflicts with NCACC and NACo meetings. 


The Board changed the March 5 meeting to March 12, 2001 and the July 18 meeting to July 25, 2001.  The Board made the two meeting changes, subject to checking with Commissioner Ward. Staff will take care of necessary notices. 


Chairman Moyer asked that the Board review the Holiday Schedule as it affects important dates at the next meeting.


The Board set a workshop on the New Detention Center/Classification Plan for Wednesday, February 7 from 3:00 to 5:00 p.m. 


Marilyn Gordon reminded the Board of the January 18 meeting scheduled to set Goals and Objectives for the year 2001.  It will take place 8:30 to 4:30 and will be at Johnson Farm.


David Nicholson reminded the Board of the meeting scheduled tomorrow at 12:30 at Advantage West with the Chamber of Commerce to discuss Economic Development. The Chamber of Commerce will provide a boxed lunch for those attending the meeting.



Commissioner Hawkins made the motion that the Board go into Closed Session as allowed pursuant to NCGS 143-318.11 for the following reason(s):


1.(a)(1)            To prevent disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes, in accordance with and pursuant to NCGS 143-318.10(e) and Article II of Chapter 11 of the Henderson County Code.


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.


There being no further business, the meeting was adjourned at approx. 8:00 p.m.







Elizabeth W. Corn, Clerk to the Board


William L. Moyer, Chairman