STATE OF NORTH CAROLINA                                       BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                APRIL 10, 2001


The Henderson County Board of Commissioners met for a special called meeting at 7:00 p.m. at the North Carolina Justice Academy ‑ Western Campus in Edneyville, North Carolina.


Those present were:  Chairman Bill Moyer, Vice‑Chair Marilyn Gordon, Commissioner Grady Hawkins, Commissioner Don Ward, Commissioner Charles Messer, County Manager David Nicholson.


Also present were Planning Director Karen Smith and Assistant County Attorney Jennifer Jackson.


Absent was Clerk to the Board Elizabeth W. Corn.


Chairman Bill Moyer stated that this meeting is the second of five public input sessions that the Commissioners are holding throughout the County on the issue of Open Use zoning and thanked those citizens in attendance.  Chairman Moyer then reviewed ground rules for public input but also stated that he hoped to grant some flexibility in allowing citizens to also ask questions.  The Board will welcome any written comments which will be distributed to all Commissioners.




1. Robert R. Wilson ‑ Disappointed that there weren't more farmers present tonight. He stated that he had previously reviewed with the Board the hours that the asphalt plants typically operate.  Wants separation to be 2 miles, not 1 mile and wants to add churches, nursing homes and like facilities in addition to schools for separation purposes.  He thought that it is a protection issue.  He had been hearing that 90% of the residents don't want the Pace asphalt plant constructed at the proposed site. When people cooperate it brings about changes.  In the Clear Creek connector issue, the map looks like it was designed by politicians not planners.  When 2 strong wills collide nothing good happens.  Observations from his perspective meant to be constructive criticism: change your mind set ‑ we need leaders; we need an overall plan and it needs to be stuck to;  Bad examples ‑ Four Seasons Boulevard, Upward Road exchange, and Mills River water supply area.


2. Timothy Lyda  He stated that he appreciated the Board coming back to Edneyville.  He looked at this as a community meeting.  Is 110% against any land use regulation stating that it is the worst time to be considering this because of the economy and desperate times particularly for farmers. Specifically, he is against regulation in Edneyville because he has a new business.   The community has had no regular community planning meetings and does not have common vision.  Those things need to happen before any regulations are imposed.  The community doesn't know what it wants. The community needs 18 months of regular community planning meetings before any regulations are even considered.  He greatly admires the Board, their education, and the long suffering to get its education.  Wants Edneyville to incorporate ‑ This area has the most resources in the community and can accomplish much more as a people standing together.  Feels very strongly about community meetings with possible representatives from the Planning Board and/or the Board of Commissioners.  Is disappointed that only 2% from the area are participating in Designing Our Future.  Thinks Edneyville is special.  Thinks that once zoning is in it is easy to impose other regulations ‑‑once the door is cracked it is easy to kick the door open.  Is concerned about have someone outside the community determining the regulations in Edneyville.  Is the City and County merging into one government?


Chairman Moyer stated that we are a long way away from that.  Moyer indicated that this isn't an attempt to get the door cracked in order to come in with greater regulations.  The Open Use regulation does make it easier to ask for rezoning.  It is only intended to provide a limited amount of regulation. The 2 maps are a reflection of the Board's desire to ask the community whether they want regulation.  With these meetings the Board is trying to come to the community and get input on what level of regulation that the community wants.


3. Joyce Mason  Does support the Open Use regulation; hopes that strong zoning measures will be adopted soon; don't delete the residential density or separation standards; wants it imposed countywide; the recent asphalt plant controversy has caused her to pay more attention to local politic.  In the next election she will pay more attention to who she vote for.


4. Ellen Sprague  Lives in Edneyville.  Hasn't decided whether she supports it or not but believes it should be applied countywide. She doesn't want Edneyville left out.  If Edneyville is left out then the bad things will be forced to their community and we shouldn't encourage that.


5. Raymond Ward  Since the regulation only prohibits 3 things, it isn't going to provide much help to the people in the Open Use district. As long as you can meet the standards you can put up anything you want.  Believes the asphalt plant set off the Open Use zoning even though it had been worked on for years.  If you want zoning, Open Use isn't going to help you.  Unless residential density in a particular area is high the proposal isn't going to regulate a thing.  Questioned who long it would be before the entire county would be zoned if the Board chooses not to zone everything right now.  He is against this regulation.  It's like having a dog on a lease ‑ no matter how loose the lease, you can always pull the dog in. 


6. Todd Jenks ‑‑ Is grading and clearing included in the Mining activities?  His business is to dig dirt They are required to comply with lots of state regulations that apply to them.  He doesn't want to be regulated since they are already regulated by the State.  Wants it applied countywide if the Board adopts it because otherwise all the junk will be crammed into Edneyville.  Needs to know where they stand on whether his activities are regulated.  Sometimes they do blast for house sites.


Jennifer Jackson briefly explained the Mining definition ‑ that dirt mining appears to be excluded, but it should be examined to make sure that it doesn't capture grading and soil excavation activities.


7. Charles Mason ‑‑  His family opposed zoning in the Grimesdale area in the past and now regrets it.  Opposition comes from fear and education will cure that.  He sees very little in the proposal that should cause fear.  Expressed concerned about not much attendance tonight since this is the opportunity to get educated on the regulation.  In the past his family would have done it differently had they been knowledgeable about the subject.


8. Bud Laughter  Asked the Board if a manufactured home park is completed but not fully occupied does it have to comply with the buffering requirement. 


Karen Smith said that existing businesses would be grandfathered but expansions would have to comply with the new regulations.


Chairman Moyer asked if there was any further public input session or questions and there being none asked if there was a motion to adjourn.  Commissioner Hawkins moved that the meeting be adjourned at approximately 7:55 p.m. All voted in favor and the motion carried.





_______________________________                        __________________________________

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