STATE OF NORTH CAROLINA                                         BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                          MARCH 21, 2001


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


Also present were: Assistant County Attorney Jennifer O. Jackson, Public Information Officer Chris S. Coulson,  Planning Director Karen C. Smith, Fire Marshal/Emergency Management Coordinator Rocky Hyder, Finance Director J. Carey McLelland, Enviromental Planner Nippy Page, Zoning Administrator Brian Gulden and County Engineer Gary Tweed.  Amy Brantley, Volunteer Coordinator, was present through the Nominations.



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



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



Chaplain Gus Martschink, from the Chaplaincy Program at Pardee Hospital, gave the invocation.



Chairman Moyer stated that he knew it wasn=t easy for everyone to get to the meeting today due to the weather, stating that at least one Commissioner was still without power.



Chairman Moyer asked that the following adjustments be made to the agenda:

C        Under Discussion Items, Staff Reports C and Discussion Item D were the same.  He requested that Discussion Item D be stricken from the agenda and to add in its place Budget Procedures and Timetable. 

C        After Staff Report A, the Pardee Financial Report would be moved to the next item. 

Chairman Moyer made a motion to approve the agenda as adjusted.  All voted in favor and the motion carried. 



Commissioner Gordon requested that the minutes of March 7th meeting be pulled until the next meeting so that she can get a revision in.  She also noted that at the last meeting there was considerable discussion by the Board on the waterline extension and she thought it would be appropriate to make a public comment that that issue had been resolved.  Chairman Moyer requested the March 7th minutes be pulled.  He also noted that Commissioner Hawkins had raised a question about the waterline extension.  Chairman Moyer asked County Manager David E. Nicholson to comment on that issue.


Mr. Nicholson commented that at the last Commissioners= meeting it was noted that there was lack of information provided to the County about the fire protection for this phase of the Kenmure project.  Part of that was the fact a water tank had not been installed.  Staff contacted the City of Hendersonville and they notified the County that the tank had been installed and was in working order and they were going to install standard fire hydrant protection in the area.  Staff had seen those plans and were comfortable with them and staff recommended that the Commissioners approve that waterline extension.


Chairman Moyer made a motion that with the pulling of the March 7th minutes for further revision,  the Consent Agenda be approved.  All voted in favor and the motion carried.


The CONSENT AGENDA consisted of the following:



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

March 23, 2000, regular meeting


Certified Industrial Site Letter

The Chamber of Commerce/Committee of 100 had sought the County=s support in the application of the Fletcher Facility for Certified Industrial Site status through Advantage West=s program and had submitted a proposed letter for the Board=s consideration.      


Tax Collector=s Report

Terry F. Lyda, Tax Collector, had provided the Tax Collector=s Report dated March 13, 2001, for the Board=s information.


Tax Releases

A list of (166) release requests was submitted from the Assessor=s office for the Board=s approval.


Tax Refunds

A list of (2) refund requests was received from the County Assessor=s office.  It was submitted for approval by the Board of Commissioners.


Waterline Extension

The Board of Commissioners had discussed at the March 12, 2001 meeting a waterline extension by the City of Hendersonville for Kenmure, Phase V, Portion 4.  County Manager David E. Nicholson advised the Commissioners that a water tank had been added and fire hydrants would be added to serve that area.  Staff has seen those plans and are comfortable with them and recommended the Board approve that.


Regency Development Associates, Inc.-Application for Special Use Permit

The Commissioners had been given for review a draft Order pertaining to the quasi-judicial public hearing held by the Board of Commissioners on March 12, 2001 regarding the application for a special use permit allowing a residential apartment development in a C-2P District.


Staff advised the Board that it would be appropriate to approve the Order as presented.  The Board was reminded it had 45 days from the date of the hearing which was March 12, 2001 in which to issue its decision in writing.



Notification of Vacancies

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


1.     Blue Ridge Community College Board of Trustees - 2 vac.

2.     Library Board of Trustees - 2 vac.

3.     Environmental Advisory Committee - 9 vac.

4.     Social Services Board - 1 vac.

5.     Cane Creek Water and Sewer District - 3 vac.



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


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

Nominated on 2/21/01, eligible for appointment April 18, 2001 were:

For position #4-Calvin Adams

For position #7-Joy Davenport. 

No action was taken due to the eligibility period on April 18.


2.     Mountain Area Workforce Development Board - 1 vac.

A letter had been sent to the Chamber of Commerce requesting their assistance in filling this vacancy.  No response had been received.  There were no nominations at this time so this item was rolled to the next meeting.


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

One vacancy had arisen due to a change in bylaws which were on file.  There were no nominations at this time so this item was rolled to the next meeting.



4.     Equalization and Review - 1 vac.

This vacancy was due to an expiring term.  There were no nominations at this time so this item was rolled to the next meeting.


5.     Retired Senior Volunteer Program Advisory Council - 1 vac.

This vacancy was created by a resignation.  There were no nominations at this time so this item was rolled to the next meeting.


6.     Henderson County Planning Board - 4 vac.

Chairman Moyer reminded the Commissioners that at the last meeting (3/12/01) a number of nominations were made.  The Clerk to the Board distributed a list of those nominations which were: Jack Beattie, Dean Bonessi, Walter Carpenter, Chuck McGrady, Todd Thompson, and Sherri Johnson.  Chairman Moyer asked if there were additional nominations.    Commissioner Charlie Messer nominated Roger Wolff and stated Mr. Wolff had an application on file for the Planning Board.  Commissioner Gordon nominated Selig Alexander Seiden who uses the name of Al.   Mr. Seiden had an application on file for the Transportation Advisory Committee.  Ms. Gordon had spoken with Mr. Seiden and he would also be willing to serve on the Planning Board. 


Chairman Moyer noted there were eight candidates but only four vacancies so a vote would be necessary.  The Clerk to the Board polled the Board for its vote.  Commissioner Ward voted for Todd Thompson, Jack Beattie, Sherry Johnson, and Walter Carpenter.  Commissioner Messer voted for Todd Thompson, Walter Carpenter, Roger Wolff, and Al Seiden.  Chairman Moyer voted for Walter Carpenter, Chuck McGrady, Roger Wolff, and Al Seiden.  Commissioner Hawkins voted for Todd Thompson, Jack Beattie, Sherry Johnson, and Walter Carpenter.  Commissioner Gordon voted for Todd Thompson, Dean Bonessi, Roger Wolff, and Al Seiden.  The Clerk tallied the votes and advised the Board of the results as follows: Todd Thompson received four votes; Walter Carpenter received four votes; Roger Wolff received three votes; and Al Seiden received three votes.  Those four individuals, having received the majority of the votes, were the appointees to the Planning Board. 


7.     Solid Waste Advisory Committee - 2 vac.

Chairman Moyer noted that since the last Commissioners= meeting, the Board had heard from Rocky Holbert.  Ms. Brantley further commented that the Board had received letters from Rocky Holbert and David L. Martin, Jr.  Mr. Holbert was interested in serving on the SWAC but Mr. Martin was not interested in serving on the SWAC. 


Commissioner Hawkins nominated Mr. Holbert.  There were no further nominations.  Chairman Hawkins made a motion to accept Mr. Holbert by acclaimation.  All voted in favor and the motion carried.  Mr. Holbert was appointed to the SWAC.  The remaining vacancy was rolled to the next meeting.



8.     Juvenile Crime Prevention Council - 3 vac.

These vacancies were created due to resignations.  Chairman Moyer asked the Board if there were any nominations.  County Manager David Nicholson commented that one of those positions is usually assigned by the Chief of Court Counselor and prior to that we had someone from that office and now Mr. Elliott has taken over what was Mr. Lanning=s position over there and that would be a recommendation and it is one of the positions that are set by General Statues.  Staff recommended the Board consider Mr. Elliott for that position.  Chairman Moyer made that motion.  There was no further discussion nor further nominations.  All voted in favor and the motion carried.  The remaining two vacancies were rolled to the next meeting.


9.     Metropolitan Sewerage District=s Planning Committee - 1 vac.

Chairman Moyer reminded the Board of the Aex-officio@ position on this Committee.  Previously, Chairman Moyer had nominated Commissioner Gordon.  Commissioner Hawkins nominated Commissioner Messer.  Commissioner Hawkins further commented AI looked back through the letter and I didn=t see whether there was any requirement for that to be a Commissioner.  So I don=t know if we had advertised for anybody else that might be interested in it or not.  I know there=s a lot of people involved in the development in that part of town but I did go back and look at the letter and saw it was not a requirement for it to be a Commissioner necessarily but I didn=t know if we=d really advertised it.@  Commissioner Gordon commented: AAs I understand it, it=s a non-voting position.  It=s entirely an opportunity to be present at the meetings and to participate in those discussions but it=s not an official appointment.@  Chair Moyer commented:  AWell, in either case it would be a Commissioner, either Charlie or Marilyn, but I think our thinking was it would be good to show the importance we were placing on that and obviously our intent was to try to get a future board seat on the full board so having a Commissioner I thought would put us in the best position.@  Commissioner Messer commented: AI really wouldn=t mind doing it but Marilyn=s been on this Board working with some of these same people,  and she=s done an excellent job out there and I think we need to support her.@  Vice-Chair Gordon further commented: AI appreciate Charlie=s comments.  I know Charlie could certainly handle it but there is a background that I think will be helpful in going in since we=re already in the middle of the Mills River discussion.@  Commissioner Hawkins asked of Commissioner Messer AAre you not able to serve on that, Charlie, is that what you=re saying?@  Commissioner Messer replied, AWell, like I say I could but I=d really rather not.@  Commissioner Hawkins, AWell, I=ll withdraw your name if you=re not able to serve on it.@  Commissioner Ward made a motion to suspend the rules and appoint Commissioner Gordon to that position.  All voted in favor and the motion carried.


PARDEE HOSPITAL - Financial Report

Bill Dunn, President of the Hospital Board, reminded the Board of Commissioners that the agreement which established the Henderson County Hospital Corporation, requires that they present to the Board of Commissioners a financial report each year.   They have received their audit, done by Price Waterhouse.  Copies had been forwarded to the Commissioners in advance. Mr. Dunn thanked the Commissioners for the support they continue to show to the Hospital Corp. Board.  He explained that their fiscal year is October 1 through September 30 and this report is for the year ending September 30, 2000.  Pardee Hospital had a number of big things going on in the past year, some of which they had been working on for awhile.  One of those big things was their Capital Improvement Plan which is in excess of a $20 million capital improvement plan.  Another big thing was their unplanned search for a new CEO (Chief Executive Officer) of the hospital.  They spent the second half of the year in a search process.  The Board and the Search Committee were pleased in getting Bob Goodwin as the new CEO. He was chosen from a pool of 200 candidates where 40-50 were considered seriously.  Another big thing this past year was their fund raising campaign for the expansion of the Emergency Room (ER). Currently in excess of $3 million has been raised for that project.  The community has shown tremendous support for the hospital and its building projects.  The number of persons served at Pardee continues to grow as well as growth from a revenue standpoint. 


Mr. Dunn introduced the new CEO, Bob Goodwin.  Mr. Goodwin recognized others in the audience from the hospital; Chief Finance Officer John Hester, Senior Executive for Human Resources and Support Services Tom Bullard, Chief Nurse Executive Winona Gibson, and Assistant Administrator for Outreach Services Sandy Smith.  Mr. Dunn explained that Sandy Smith was also the Interim Chief Executive Officer prior to his arrival at Pardee.  Mr. Goodwin explained that he has been in the Hospital Administration business all of his adult life and has been a CEO of hospitals since he was 28 years old.   


Mr. Goodwin reviewed briefly the Financial Report with the Board of Commissioners, answering questions from the Board. He stated that many hospitals talk about the idea of going outside the four walls and providing care out in the community.  Pardee Hospital has actually done so and is an exception to the rule.  Mr. Goodwin stated that 90% of a person=s health care expenses occur in the last six weeks of a person=s life.  Mr. Goodwin stated that due to competitive factors and other things most hospitals are suffering from declining market share, lower admissions, shorter lengths of stay, lower reimbursements, less business all around.  Pardee Hospital is experiencing the opposite. 


Commissioner Hawkins stated as a direct compliment to Pardee staff that their net operating margin compares extremely favorably nationally. 


John Hester answered a couple of financial questions. 


Carey McLelland explained that Pardee Hospital is in good shape with sound financial standing. He also pointed out that the hospital provides charity care and these services and charges are about $1.2 million in the previous fiscal year which doesn=t show up in revenues. 



Chairman Moyer recognized the fact that our County Attorney, Angela Skerrett Beeker, had returned from maternity leave.  Ms. Beeker thanked Jennifer Jackson for graciously filling in in her absence so capably.   She stated that she treasured every minute she was home with her new little son but was glad to be back at work. 



Ted Pearce, Chairman of the Planning Board, made a powerpoint presentation to the Board and distributed copies of the presentation.  Walter Carpenter had planned to make the presentation but had not arrived in time (due to weather).


The purpose of the Study was to examine the north central area of the county and make recommendations about how growth should occur.


The Study contains a statement of community issues, an information base of existing and emerging conditions and, recommendations.


The north central portion of Henderson County studied is 11,680 acres and is home to 3,370 residents. 


At the onset of the study, important ongoing events had perpetuated the study area=s susceptibility to growth including: expansion of the Cane Creek Water and Sewer District, the development of the Regional Water Authority Treatment Plant, the possible widening/changing of NC Hwy.# 191, the widening of US Hwy. # 25, and the proposed Asheville Regional Airport expansion.


Growth in the area led to expansion of the Cane Creek Water & Sewer District.  A proposal from the School Board prompted a plan for a new line.  A map of the proposed sewer line was shown.  Mr. Pearce stated that the project may be completed by the year 2002.


The project will be constructed in these phases: the interceptor, two collector lines to Mills River Elementary School, future collector lines to the businesses of Mills River.


The following persons helped conduct the Study:


Planning Department                                    Subcommittee Members

Karen Smith, Planning Director                                    Walt Carpenter, Chair

Nippy Page, Planner III                                                Fred Dickie, Fletcher Planning Board

Josh Freeman, Planner I                                                Valerie Welbourn

Jack Lynch

Rebecca Nesbitt


Mr. Pearce explained that the goals of the study were:

1. Look at the existing conditions, the land use and other aspects of the study area.

2. Establish trends which are developing.

3. Ascertain how residents want to see their community develop in the future.

4. Make recommendations to manage growth, to assist in the desired outcome.


As of October 2000 there were a total of 1,404 residential structures in the study area, 125 commercial structures, 108 industrial structures, and 34 community facilities for a total of 1,717 structures.  He noted that 11% of all industrial structures in Henderson County are located in the study area. 


The study area contains one site which was listed in the national register of historic places in 1988, the Mills River United Methodist Church.  The church is the only antebellum church in the county. 


The study area is an environmentally sensitive area which contains a portion of the drinking water supply sources for Henderson County, the City of Hendersonville, and others served by the city system, parts of Asheville and Buncombe County. 


Major rivers and streams within the study area include: French Broad River, Mills River, Mud Creek, and Cane Creek.  Other significant streams include McDowell Creek and Boylston Creek. The presence of so much water in the study area contributes to the large percentage of flood zones. The Lower Mills River WS-III watershed is located in its entirety in the study area.  A section of the critical areas for the lower Mills River and French Broad water supply/watersheds area also are located within the study area. 


NC Hwy. #191 is on the NC DOT TIP to be widened as is US Hwy. # 25 North and I-26.  Grants have been awarded to Henderson County for the construction of an interceptor sewer line serving Broadpointe Industrial Park and other users.  Completion is dependent upon receipt of funds. Gas is available throughout the study area.  Two fire districts serve the study area.  EMS and Police protection are provided by Henderson County.  An EMS station constructed in 1999 is located on Vance Hill Drive, near the intersection of NC Hwy. # 191 North and NC Hwy. # 280.  Approximately 20% of Henderson County is zoned. The majority of the study area is unzoned.


The largest concentration of commercial and retail businesses can be found between the convergence of US Hwy. # 25 North and I-26, known as the Naples Intersection and the Fletcher Corporate Limits. This area contains 81 businesses with 1,325 employees. The second largest concentration is at the NC Hwy. # 191 and NC Hwy. # 280 South intersection.   In the study area there is a total of 294 businesses who employ 6,817 people (almost double the population of the study area). Industrial growth rates continue to increase in the study area but not in the county.  The countywide commercial growth rate has averaged 11% since 1939 but the commercial growth rate in the study area jumped from 8% in 1979 to 25% through 1999.


According to Fletcher=s annexation study which was approved in March 2000, the Town is focusing on commercial and industrial annexation.  Fletcher has intentions to connect areas outside the town=s corporate limits with their greenway system.  The Town is working with NC DOT for a corridor plan for entry into the Town on US Hwy. # 25 North. 


The Asheville Regional Airport Authority is currently finalizing a 20 year Master Plan.  Current development or redevelopable space will not meet expected facilities needs which includes a second parallel runway, a larger terminal, and more parking.  It is probable that a second runway will expand into a portion of Henderson County that borders the western boundary of the airport.


There were numerous meetings to receive public input from residents of the community in the study area.  Newspaper and radio ads were run as well as invitations (1,500)  and posters placed throughout the study area.  People were asked to list three negatives and three positives of features in the study area. They were also asked what they wanted to see preserved or protected in the study area and if you were to look at the study area 15 years from now what three things would it include to be your Aideal community@?


Following the public input sessions, staff compiled the data from participants by grouping verbatim responses into similar categories.  They then developed the summary of public input with all the responses grouped into general topics.  Topics of interest to those participants were as follows with the first being of most importance and so on:


Growth, Planning, Land Use


Scale, Sense of Community




Industrial/Commercial Development




Recommendations were then compiled by the Planning Board as follows from a combination of the sources:


1.     Develop a single Natural Resource Management Plan for the study area.

C        protect agriculture

C        protect drinking water supply sources

C        prevent the loss of life and property

C        protect and enhance parks, recreational facilities and open space


2.     Make a water quality a top priority in the Mills River area.

C        Water Supply Watershed Protection Ordinance

C        Water quality protection measures should be incorporated into all County ordinances


3.     Address Stormwater Management

C        Increase awareness of the water quality impacts from development

C        minimize the degradation of water quality

C        prevent flood hazard impacts

C        ASpecial attention@ should be given to certain areas

C        A checklist should be required


4.     Flood Hazard Prevention overlay district designated would:

C        minimize the loss of life and the destruction of property

C        minimize the economic impacts

C        protect water quality in the area

C        would help to preserve agricultural and other Open Space

5.     Preserve/Promote Agriculture

C        bona fide agricultural uses exempt

C        dominant land use

C        central to sense of community

C        provides a variety of benefits:

C                  jobs, open space, and water quality protection.


6.     Light Commercial/Dense Residential Growth

C        US 25 corridor

C        191/280 South

C        191/280 North


7.     Industrial/Heavy Commercial Growth

C        Butler Bridge Road, north to the Asheville Regional Airport area

C        water and sewer services should be supplied


8.     Future Land Use Contiguous to Sewer Lines

C        carefully studied in terms of future land use


The Study will be available in a number of places for public review:

Main Branch of the Henderson County Library

Etowah Library

Fletcher Library

Sinclair Office Supply

Valley Agriculture

Planning Department


This Study should be considered as two phases with phase I being the collection of data and phase II being implementation which would include developing some or all of the recommendations as directed by the Board of Commissioners.  


Staff would like some feedback from the Board of Commissioners as far as recommendations are concerned.  Staff is currently working on a map.  There was discussion that the Board should have a workshop on this.



There were none.


QUARTERLY REPORT - Property Addressing

Rocky Hyder came forward and stated that he had two of his staff in attendance also; Curtis Griffin, Property Addressing Coordinator and Mary Trowbridge, Property Addressing Technician.  They have worked hard on this project.


Mr. Hyder informed the Board that in January of 2001 one of the main focuses was still the move of the Property Addressing Office into 101 East Allen Street.  They worked hard in establishing a network.  Phone and fax lines were moved from the courthouse to the Allen Street office.  A long range calendar was established with the contractors at 3Di.  He explained that we now have such a relationship with SCC that his staff inputs data directly into the SCC database via the Internet to Boulder, Colorado.  This also gives us the ability to input correction to the ALI database for those instances where emergency personnel are dispatched to the wrong location.  

In February of 2001 they began working with many of the new subdivisions to resolve addressing of the subdivisions.  They have streamlined that process extensively.  They completed the addressing of Cummings Cove subdivision.  They implemented a 911 Address application form.  With this new application form the information is entered into the database and then can easily be forwarded to the Post Offices, Fire Departments, and anyone else who needs this information.  They processed over 240 road petitions, some dating back as far as 1997, to be brought before the Board of Commissioners for a public hearing at today=s meeting.  They also redesigned the Road Petition form.  They are still working on converting their information over to ArcView.


In March of 2001 the 3Di contractor, Mike Gibbs, moved into the Land Development building (the week of March 5) and set up operations.  He provided the property addressing office with converted USI data that will be used with the ArcView addressing program.  He is in the initial phase of completing Rural Route 2 in Fletcher.  This phase includes identifying the part of the route that was not completed last year and identifying current mailing addresses of the affected individuals with the Fletcher Post Master. 3Di has identified some areas that need to be addressed before the project can continue and still meet the goal of completing the project at the end of the year.


Upcoming Projects

C        Name streets in the Mountain Home area.  Currently most of the area in Mountain Home that was originally 1st, 2nd, 3rd, etc street do not have street names.  The Property Addressing Technician will go onsite and identify the streets that require names, streets that already have names and verify house numbering.  The office then will recommend street names to all unnamed streets and hold public hearings on those.  They expect this to take about one month to complete.

C        Update ArcView, enter data into the SCC 911 database, and notify all property owners, post offices, and fire departments of all the road names approved today.

C        Submit Property Addressing ordinance amendments to the Board of Commissioners for review.


Chairman Moyer called a technical recess, to change videotapes.



Rocky Hyder was asked to give a weather update.  Due to the snow/ice received yesterday and last night, anywhere from 4" to 15", there were 15,000 residents without power last night and are still approx. 5,500 residents without power as of this morning.  Duke Power expects an additional 250 linemen here by noon today to help with the problem.  Rocky voiced a big thank you to all the volunteers who have helped during this trying time, many continuing to help.



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


The Board had scheduled a public hearing for today on the adoption of certain road names in Henderson County.  This public hearing was held in accordance with the Property Addressing Ordinance and NCGS 153A-239.1. 


A list of proposed road names was presented to the Board for review and approval. 


Staff had held an open house at the Property Addressing Office prior to the public hearing and requested that the following road names be pulled from the public hearing today.  Staff has identified disputes to some particular road names.  They wish to properly research the disputes prior to submitting them for approval. 


pulled road names:

Assembly Drive

Beaver Drive

Beech View Drive

Broncos Drive

Covenant Lane

Goldenseal Trail

Hopewell Lane

Kailey Russell Lane

Kay Thomas Drive

Kinross Drive

Legacy Lane

Lowmoor Drive

Maranatha Street

Mighty Oak Lane

Mt Shady Oak Court

Ole Bob Lane

Rocky Broad Lane

Sams Place

Sweet Hollow Lane

Ty Russell Lane

Worsham Farm Road


Public Input

Glenn Worsham, Roy W. Worsham, Louise Harris, Donna Mills, Brian Mills, and Gary L. Corn each spoke against changing the road name Bulldog Road to Worsham Farm Road.


Following discussion, Commissioner Gordon made the motion to approve the list of 221 proposed road names on the list.  All voted in favor and the motion carried.


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




David Nicholson distributed the Draft Text and asked the Board to direct that it also be given to the Planning Board. The draft included the revisions discussed by the Board at its worksession held on March 7, 2001. 


As follow up from the Board=s last meeting, there were several action steps that the Board needed to consider and take in order to maintain the Tentative Timeline that the Board adopted in concept on March 12, 2001.  Those recommended steps were as follows:


(1) set four additional public input sessions

(2) set the public hearing on the text amendments and map amendments for May 1, 2001 at 7:00 p.m.

(3) authorize use of the expanded published notice procedure

(4) send the proposed draft text and map amendments to the Planning Board for recommendation

(5) tentatively schedule Board worksessions for the first two weeks in April

(6) approve the use of the Public Information Packet (prepared by staff)

(7) itemize any particular questions that the Board would like citizens to focus on during public input sessions


Staff will continue to try to schedule the four worksessions, one in the northern part of the county, one in the southern part, one in the eastern part and one in the western part.  They are tentatively planned to be set for April 10, 12, 17, and 19, each one at 7:00 p.m.  Mr. Nicholson suggested May 15 for the public hearing.   Jennifer Jackson informed the Board that some of the dates in the timeline will have to be changed for the advertisement with the public hearing set for May 15.  Staff will create a new timeline for the Board.  Chairman Moyer made the motion to set the four sessions for April 10, 12, 17, and 19 and the official public hearing for May 15 at 7:00 p.m. here. All voted in favor and the motion carried.


Following request # 3 above, Chairman Moyer made the motion to authorize the use of the expanded published notice procedure to advertise the hearing on May 15.  All voted in favor and the motion carried. 


Expanded Published Notice Procedure

Instead of actually mailing notice to all properties that may be affected by the proposed map amendment, Staff recommended that the Board consider electing to use the expanded published notice procedure as authorized by Section 200-76 of the Zoning Ordinance and NCGS 153A-343.  This notice procedure will provide the following level of notice throughout the County:

1.     Display ads running in the Times-News for four consecutive calendar weeks

2.     Legal ads running in the Times-News for two consecutive calendar weeks

3.     Posting of the general areas affected between 10 and 25 days prior to the hearing

4.     Mailed notice between 10 and 25 days prior to the hearing for those properties entitled to notice and having an address located out of the Times-News circulation area


The Board is entitled to use this expanded published notice procedure since more than 50 properties and more than 50 property owners will be affected by the proposed Open Use Zoning under either proposed map amendment.


Commissioner Hawkins made the motion to send one or the other maps to Planning, not both.  He went on to move consideration of the first map (which was less than the entire county) for advertisement. Much discussion followed.  The majority of the Board preferred to consider both maps for public input and to be sent to the Planning Board. 


Angela Beeker asked if the Board would allow staff to put a clarification statement in the public notice that would explain that the Board is trying to determine whether all or a portion of the county would be zoned with this open use zoning and that the maps are representative of what it could look like if a part of the county is zoned or all the county is zoned.  This would leave the door open for zoning all or part of the county. 


Commissioner Hawkins called the question on his motion.  A vote was taken and the motion failed three to two with Commissioners Hawkins and Ward voting aye. Both maps will be considered for public input.


Commissioner Ward made the motion to send the draft text and map amendments to the Planning Board for their review and comments and to give thought to some relevant differences in the ordinance text for zoning all of a portion of the county, also to  comment on the definition and applicability of heavy industry. All voted in favor and the motion carried.  The Commissioners need those comments back by the Planning Board=s April 24 meeting so the Board can review them prior to the public hearing.


It was the consensus of the Board to allow staff to clarify the notice as suggested by the County Attorney above. 


There was much discussion regarding holding workshops on the open use zoning district regulations.  The Board set one for Monday, April 23 from 3:00 - 5:00 p.m. and a second one for Thursday, April 26 at 8:30 - 10:30 a.m.


Chairman Moyer made the motion to approve the public information packet for distribution to the public in advance of the public input sessions.  All voted in favor and the motion carried.


Chairman Moyer called a 45 minute recess, the Board had lunch during that time and resumed the meeting at 1:00 p.m.


COMPREHENSIVE LAND USE PLAN UPDATE - Steering Committee and Selection of Consultant

David Nicholson stated that the Board of Commissioners may want to set some guidelines and some ground rules involving a new steering committee and what the Board wants them to study.  Mr. Nicholson suggested the Board set up a steering committee that would be a cross section of the committees that the Board already appoints, using people who are already committed to county government.  He suggested involvement from the following current committees:

Environmental Advisory Committee

Planning Board

Greenways Commission

Board of Public Health

Cane Creek or Mud Creek Advisory Board

Agriculture Advisory Committee

Transportation Advisory Committee

Board of Education or someone from the Public School System

Travel & Tourism


He also suggested utilizing some technical people to work with the steering committee such as:

someone from the Chamber of Commerce

someone who works in housing issues in the community

representatives from the municipalities

real estate, home builders

utilities - county government

public service agency representative

public transportation representative 


Staff has been attempting to locate as many qualified companies as possible in order to identify firms that may be interested in responding to a request for qualifications for a consultant on the project.  Seven firms have been identified as being interested.  A request for qualifications package is being drafted for the Board=s review at a later date.  Staff is also accumulating copies of current land use plans that have been developed over the last several years. 


Mr. Nicholson distributed draft copies of the ARequest for Qualifications for Development of a Comprehensive Land Use Plan@.  No action was requested from the Board today.  This was for information and the Board=s review for later action.  This item will be back on the Board=s next agenda.



C&D Landfill

Gary Tweed showed the Board a full map of the Henderson County Landfill, pointing out the C & D Landfill. He updated the Board on the operation of the C & D Landfill, stating that the funds generated through it are very important to the Solid Waste Enterprise Fund.  It is important that the State take positive action on our request immediately.  He has learned that the State Hydrologist has completed her review of Phase I of our plan.  There are some remaining questions to be answered concerning the monitoring plan.  According to CDM, our consulting engineer, we will need to slightly amend the placement of the monitoring wells.  Staff will continue to follow the progress of the permit and keep the Board informed.


Waste Disposal Contract with Waste Management of S.C.

Mr. Nicholson recommended that the Board authorize staff to negotiate an amendment to our current waste disposal contract with Waste Management of South Carolina allowing for a three-year extension.  This amendment would allow for a continued window of opportunity for the County to pursue all available options for waste disposal.


Waste Management of South Carolina has requested to implement a fluctuating fuel surcharge for transportation only from the Henderson County Transfer Station to Palmetto Landfill.  STS, the current transporter, has requested the increase to cover the escalating fuel rates that have risen over the year, but have not decreased as expected. 


STS has made a formal request to Henderson County and Waste Management to cover the expensive fuel costs, which have basically been out of their control.  The unbudgeted costs have served to deteriorate their ability to hire better drivers and maintain their fleet in accordance with the level of service demanded by Henderson County and Waste Management.


There was much discussion.  Staff will continue to investigate other alternatives.


1. Resolution - I-26 Widening

Chairman Moyer reminded the Board that they had taken a position supporting the proposal to widen I-26 at the last Board meeting and asked staff to draft a resolution to that effect.  The proposed resolution was distributed for the Board=s review.  It was the consensus of the Board to change the signature line on the page to include space for each of the five Commissioners to sign the resolution. 


OFFER TO PURCHASE - Travel & Tourism Building

Mr. Nicholson informed the Board of a receipt of an offer from Jeff C. Justus to purchase the Travel & Tourism Building for $700,000.  The County has received several inquiries from realtors and businesses over the years about the purchase of this building.


Should the Board be interested in selling this property, after consulting with the Travel & Tourism Board, we would have several options under North Carolina law.  These include public auction, sealed bid, upset bids and negotiated sale.


Mr. Nicholson recommended that the Board refuse the offer at this time.  He has been investigating the options associated with the use of all of the County=s facilities.  One of these options include the multi-use of the Historic Courthouse.  He will not have the information on the possibility of including Travel & Tourism in the Historic Courthouse until sometime in April.  He suggested that following receipt of this information, the Board could then discuss the options available for this building.


Chairman Moyer made the motion to refuse the offer from Mr. Justus.  All voted in favor and the motion carried.



David Nicholson reminded the Board that they have received two proposals from IRG concerning the adjoining properties associated with the new Human Services Building on the Spartanburg Highway, the former Carolina Apparel Trading Building (CAT building):


#1 Offer - February 21, 2001

1.     IRG would assign their contract for the Watkins Property to the County.

2.     The County would release its right to the Consolidated Properties parcel.

3.     IRG would have the right to remove the Seabaugh house.


County Perspective:

1.     We would gain the Watkins Property.  This would square off the back of our property to Old Spartanburg Highway.

2.     We would give up a smaller property - Consolidated Properties.

3.     Our additional cost would be $135,500.  This reflects the difference between the acquisition costs on these properties.

4.     The issue of any rezoning and the out-buildings would be eliminated.

5.     We would gain approximately 10-15 parking spaces.


#2 Offer - February 28, 2001

1.     IRG would assign contract for Watkins Property to the County.

2.     County would release its rights to the Consolidated Properties parcel.

3.     County would also exchange the front portions of the Hill and Campbell properties.

4.     IRG would have the right to remove structures on Watkins, Coleman and

Seabaugh parcels.


County Perspective:

1.     County would have title to the Carolina Trading Apparel Building, the Watkins, Coleman, and Seabaugh properties and only the rear portions of the Hill and Campbell properties.

2.     This exchange creates a >dead end= parking area.

3.     County would be required to establish a 3 foot green buffer.

4.     County would save $82,000 from not purchasing the Consolidated Properties parcel.

5.     County would lose 3,410 square feet of property or approximately 18 parking spaces.


David Nicholson=s recommendation to the Board suggested a counter proposal.  Staff=s proposal would include the acceptance of assignment for the Watkins Property from IRG in exchange for the Campbell parcel (at our original purchase price) and the giving up our rights for the Consolidated Properties parcel.  Henderson County would then have a net savings of $22,750.  We would lose 30+/- parking spaces.  However, this exchange would allow for our property to be squared off, eliminate the issues of rezoning of Consolidated Properties (if required) and the encroaching of the out-buildings from the Watkins Property.


It was the consensus of the Board to continue to pursue the Watkin=s Property.


Following much discussion, Chairman Moyer made the motion for the County Manager and County Attorney to prepare a counterproposal in accordance with and pursuant to the recommendation of the County Manager and that it be distributed for review to each of  the Commissioners before the offer is actually made.  All voted in favor and the motion carried. 


Chairman Moyer called a 5 minute technical recess, to change videotapes.



David Nicholson explained that he will present a very conservative budget this year.


There was discussion that the worse case scenario from the State could force Henderson County to make some program and/or employee cuts.  Mr. Nicholson explained that Henderson County will have to make up about $2 million in this budget or raise the taxes 6 to 8 cents.  We do hope to get the funds released from the State but realistically we=re not counting on that at this time.


Following much discussion by the Board, Mr. Nicholson was asked if he had ever had to make a continuation budget.  He answered that he had but it was years ago. 


Following more discussion, Chairman Moyer suggested that Staff research continuation budgets and how to implement them and the significance to us if we did so.  He also asked the County Manager how he would make cuts if we don=t get the $2 million from the State of North Carolina. He asked that Staff bring this information back to the Board before May.



The Board reviewed the calendar. 


David Nicholson reminded the Board of the April 5 NCACC District Meeting to be in Waynesville.  Commissioners Gordon and Messer plan to attend.



Commissioner Ward made the motion for the Board to adjourn as Henderson County Board of Commissioners and convene as Cane Creek Water & Sewer District Commissioners.  All voted in favor and the motion carried.


Commissioner Ward made the motion for the Board to adjourn as Cane Creek Water & Sewer District Board and reconvene as the Henderson County Board of Commissioners.  All voted in favor and the motion carried.


There being no further business to come before the Board, Chairman Moyer made the motion to adjourn the meeting at approximately 3:03 p.m.  All voted in favor and the motion carried.


There was no Closed Session at this meeting.





Elizabeth W. Corn, Clerk to the Board                        William L. Moyer, Chairman