STATE OF NORTH CAROLINA                                       BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                               APRIL 12, 2001


The Henderson County Board of Commissioners met for a special called meeting at 7:00 p.m. in the Cafeteria of the Upward Elementary School in Hendersonville, 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, County Attorney Angela Beeker and Assistant County Attorney Jennifer Jackson.


Absent was Clerk to the Board Elizabeth W. Corn.


Chairman Bill Moyer stated that this meeting is the third 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 stated that in light of the small crowd this evening that he would keep the session inform and hearing everyone's comments and questions.  The Board will welcome any written comments which will be distributed to all Commissioners.




1. Connie Backlund ‑ She has questions that may determine whether she wishes to comment. When you have County zoning around the municipalities can the municipalities extend their extraterritorial jurisdictions (ETJs)?


Angela Beeker answered by saying that if zoning, subdivision regulation and building inspections are all regulated by the County then the City can't extend the ETJ without the County's consent; however, the County cannot stop annexation.


As an interested citizen watching the area considered for an asphalt plant, would the controversy had been averted with this OU regulation in place ‑ she isn't sure whether it would have; her observation is that long term we will continue to have controversy since the regulations are not well defined; ultimately other stronger regulations will need to be put in place; it is a good beginning but may not truly solve the upcoming problems.


Chairman Moyer stated that this is only intended to be a first step which must be followed up with more traditional zoning particularly in the growth areas and corridors.


2. Leon Allison ‑ Member of Planning Board that lives in this area.  Appreciates the Commission for holding these meetings.  He backs the Open Use zoning and believes that it will get rid of many of the problems that we have to deal with.  It will lead to more harmony.  Speaking on behalf of parts of Green River where his family lives, however, he is concerned about problems along Bob's Creek Road. It is a winding country road that can't handle the increased traffic.  They are experiencing congestion.  If you go to the Health Dept and want to open a restaurant unless you are on public water and sewer then you essentially can't open one; but camps which are prevalent in the Green River area aren't regulated to that extent.  He stated that he is concerned about polluting Green River.


3. Nancy King ‑ Stated that if the Board does one part of the County they need to do the whole thing. She doesn't see that the regulation will cause any more regulation on their orchard then is currenly present.


4. Anthony Hoots  He is from East Flat Rock.  Doesn't think that the Board needs to regulate the citizens any more than they already are.  Today he may be in one business that isn't affected by the regulation but he may have to do something else tomorrow and doesn't like the uncertainty of whether the regulation will affect him or not.  The Board doesn't need to regulate what people have to do on their own property.  Maybe the Board should look at the main highways and regulate in those areas (like buffers).  Wants the choice in the future as his free right to do what he wants on his property.


5. Evelyn Nichols ‑ She owns about 65 acres in the unzoned areas of the County.  It will do the County good to zone the entire County with Open Use which has a minimal effect on the entire County. She doesn't want to be left out.  Thinks there should be protection of Green River ‑ the River runs through the area that is proposed to be left out which could lead to a lot of pollution in the Green River which is a potential water supply.  Open Use doesn't affect the currently zoned areas.  Zoning has done wonders for the East Flat Rock community ‑ zoning works.


Someone from the audience asked what happened to the concept that if a neighbor harms a neighbor you can get compensated?  Angela Beeker said that if there is no governmental regulation pertaining to the situation then the government would have no liability and it would be handled as a private nuisance action ‑ even if the neighbor is a corporation.


That citizen then asked what process will be followed? Will there be a referendum on zoning?

Chairman Moyer reviewed the process that they are going through: the Board is holding the 5 public input sessions in order to get citizen input, the Board will then be holding worksessions to go through the draft and the comments that they received from the public.  The Board has scheduled a public hearing for May 15, 2001 and will not be able to take any action on the proposal until after the public hearing.


Commissioners Hawkins stated that the County can only have a referendum on certain matters and zoning isn't one of them.


6. Charles Mason ‑ Asked whether Open Use qualifies as zoning which makes the 3rd regulation and ETJ extension would only be with the consent of the Board.


Chairman Moyer and Angela Beeker said yes that Open Use zoning does qualify as zoning and would constitute the third area of regulation which would limit municipalities ability to extend their extraterritorial jurisdictions without the County's consent.


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 Messer 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