STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY OF HENDERSON MAY 7, 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 Don Ward, 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, Assistant to the County Manager Selena Coffey, Finance Director J. Carey McLelland, and Fire Marshal/Emergency Management Coordinator Rocky Hyder.
Absent was Amy Brantley, Volunteer Coordinator.
CALL TO ORDER/WELCOME
Chairman Moyer called the meeting to order and welcomed those in attendance.
PLEDGE OF ALLEGIANCE
Commissioner Hawkins led the Pledge of Allegiance to the American Flag.
David Nicholson gave the invocation.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer pulled from the consent agenda:
AC@ - Detention Center Project Report
AF@ - Henderson County Financial Report - March 2001
AL@ - Resolution - Older American=s Month
AM@ - Resolution - Small Business Week
Under Staff Reports, Chairman Moyer added AC-4" - Report from the Transportation Advisory Committee (TAC) with respect to the widening of I-26 and the Community Mobility Forum. Under AC-1" he added the Environmental Advisory Committee Year End Report in conjunction with the Health Department Resolution.
Commissioner Hawkins added item AC@ under Discussion Items - Resolution regarding Veteran=s Day/Election Day.
Commissioner Ward added AD@ under Discussion Items - Comprehensive Land Use Plan proposal.
Commissioner Gordon added AE@ under Discussion Items - Industrial Zoning discussion.
Chairman Moyer asked that the Board defer Nominations & Vacancies to later in the agenda, after Staff Reports and Discussion Items because of the people in the audience waiting on Staff Reports and Discussion Items.
Angela Beeker asked that the Hensley lawsuit be rolled to the next meeting, closed session discussion.
Chairman Moyer made the motion to approve the Agenda as adjusted. All voted in favor and the motion carried.
Chairman Moyer asked a question regarding the Detention Center Project Report and the amount of monies that have been used already for engineering and design. He asked if there was any follow-up work to do on this project as the monies are about used up for engineering and design. Mr. Nicholson said he would check on that and report back to the Board.
Chairman Moyer also asked about the possibility of having a balance sheet or funds availability statement as part of the report so the Board could see the monies available to pay bills.
Older American=s Month Resolution - Commissioner Gordon read the resolution for those in attendance and those watching on television.
Small Business Week Resolution - Commissioner Hawkins read the resolution for those in attendance and those watching on television.
Chairman Moyer made the motion to approve the Consent Agenda including the above items added back to it. 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:
July 26, 1999, special called meeting
October 21, 1999, special called meeting
November 2, 1999, special called meeting
March 21, 2001, regular meeting
April 10, 2001, special called meeting
April 12, 2001, special called meeting
April 16, 2001, special called meeting
April 17, 2001, special called meeting
April 18, 2001, regular meeting
April 19, 2001, special called meeting
April 23, 2001, special called meeting
April 30, 2001, special called meeting
Tax Collector=s Report
Terry F. Lyda, Tax Collector, had provided the Tax Collector=s Report for the Board=s information, dated May 1, 2001.
Darlene B. Burgess, Deputy Tax Collector, had provided the Deputy Tax Collector=s Report for the Board=s information, dated May 1, 2001.
Detention Center Project Report
The monthly Capital Improvements Project Report for April 2001 was presented to the Board for the new Detention Center for information only.
Detention Center - Change Order
Mr. Nicholson had supplied for the Board a Change Order for the new Detention Center as follows:
1. Beam Construction - Credit of $35,000.00
This deduction was made because of the decision to utilize the existing
utilities on the property in lieu of installing new water lines.
Mr. Nicholson recommended that the Board approve this change order.
Corporate Banking Resolution
A prepared banking resolution from First Citizens Bank required approval by the Board to authorize those persons listed in the resolution to conduct the daily banking business that includes but is not limited to setting up deposit accounts, signing/endorsing checks, requesting credit cards and investing funds on behalf of the County with the bank.
The County Manager recommended that the Board approve the prepared resolution authorizing the persons listed in the resolution to conduct business with First Citizens Bank on behalf of the County.
Henderson County Financial Report - March 2001
The Henderson County Financial Report for March was presented for the Board=s consent approval. Project to date expenditures on the Human Services Building Project will be reimbursed from proceeds of a financing arrangement to be secured this month.
Henderson County Public Schools Financial Report - March 2001
The Public Schools Financial Report for March was presented for the Board=s consent approval.
Surplus County Vehicles
A resolution was presented for the Board=s review and approval declaring a list (Exhibit A) of vehicles and truck camper covers no longer used by the County as surplus. The resolution also authorizes staff to advertise for sale and dispose of the surplus vehicles and truck camper covers at a public auction tentatively scheduled for 9:30 a.m. on Saturday, June 2nd at the Henderson County Garage located at 322 Williams Street, Hendersonville, North Carolina.
The County Manager recommended that the Board approve the prepared resolution declaring the list of vehicles and truck camper covers as surplus property and authorizing staff to sell the surplus property at a public auction scheduled for June 2nd at the County Garage.
Request for Improvement Guarantee for Pottery Terrace, Phase II
Mr. J. Edward Jones and Mrs. Jeanne S. Jones, had submitted an application for a subdivision improvement guarantee for remaining road improvements to serve lots in Phase II of Pottery Terrace Subdivision. The Henderson County Planning Board conditionally approved the Development Plan for Pottery Terrace, Phase II, on June 27, 2000.
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. The applicants intend to deposit with Henderson County a certified check in the amount of $46,340.00, which includes the cost of the remaining road improvements as well as the required contingency amount of 25%. Such a deposit is an acceptable form of improvement guarantee under the Subdivision Ordinance. The applicants expect the improvements to be completed in six months. Six months from the date of review of the application by the Board of Commissioners would be October 22, 2001.
A draft Performance Guarantee was provided for the Board=s review. If the request is approved, the applicants must submit the certified check in accordance with the terms of the Agreement. Once the County receives the certified check, the Assistant County Attorney must certify the Agreement as to form prior to its execution by the Chairman and the applicants.
The County Manager recommended that the Board approve the request for an improvement guarantee for Pottery Terrace, Phase II, subject to the applicants submitting a certified check in the amount of $46,340.00 and subject to the Assistant County Attorney approving the Performance Guarantee Agreement as to form.
State Road Petition
Staff had received a petition for addition to the state road system of Crows Nest Road. The County Manager recommended the Board accept this petition and forward it to NC DOT for their consideration.
Certificate of the Henderson County Juvenile Crime Prevention Council
The Henderson County Juvenile Crime Prevention Council (JCPC) respectfully requested approval by the Board of Commissioners of the JCPC Certification as is required by the State of North Carolina each year in order to receive Juvenile Crime Prevention Funds. This certification also includes a $5,000 budget for JCPC Administrative expenses which will be provided by the State Department of Juvenile Justice and Delinquency Prevention.
Staff recommended approval of this request.
Resolution - Older Americans Month
The Board was asked to approve a Resolution proclaiming May 2001 as Older Americans Month in Henderson County. A copy of the Resolution is attached as a part of these minutes.
Resolution - Small Business Week
The Board was asked to approve a Resolution proclaiming the week of May 7, 2001 through May 11, 2001 as Small Business Week in Henderson County. A copy of the Resolution is attached as a part of these minutes.
RE-DESIGNATION OF HOME CONSORTIUM
Selena Coffey reminded the Board that Henderson County has been a member of the Asheville Regional Housing Consortium since its inception in 1990. By being a member of the Consortium, Henderson County is guaranteed to have funds for the housing projects within the County. The County, Habitat for Humanity and Home Aid have all completed projects through the use of HOME Funds. Each year, presentations are made to the Board from these agencies for the Board=s consideration.
The Consortium=s designation by the Department of Housing and Urban Development as a participating jurisdiction in the Home Program expires this year. In order to continue our designation as a participating jurisdiction and to receive an annual funding allocation, members of the Consortium must execute a joint agreement and submit the documentation to HUD by June 30, 2001. The Agreement must be signed by the Chairman of the Board and be accompanied by authorizing resolutions by the Boards of each member unit of government within the Consortium. This process is very similar to the one in 1998. Angela Beeker has reviewed the Resolution and made some changes to it before it was submitted to the Commissioners for review. Ms. Coffey called the Board=s attention to one change in the Joint Agreement, in paragraph 1 - the reference to the NC General Statute should be 160A-462 instead of 426.
Staff recommended that the Board approve the prepared Resolution and Agreement. Our participation in the Consortium has proved to be a very valuable resource in providing housing opportunities for our citizens.
Following some discussion, Commissioner Hawkins made the motion to adopt the Resolution in the form it is with the request to modify paragraph 13 in accordance with the comments made by the County Attorney (or if that=s not feasible this year to cover it in the transmittal letter as indicated by the County Attorney so it will be clear) and Joint Agreement with the change in paragraph one regarding the NCGS. All voted in favor and the motion carried.
PROPOSED AMENDMENTS TO PROPERTY ADDRESSING ORDINANCE
The Property Addressing Office had requested that the Board of Commissioners consider approving several amendments to the current Property Addressing Ordinance which is codified as Chapter 142 of the Henderson County Code. Rocky Hyder explained that these amendments are proposed to assist that Office in expediting the naming and renaming of the roads in Henderson County.
A summary of the proposed amendments as well as a full copy of Chapter 142 were distributed to the Board. This Ordinance was adopted under authority granted by NCGS 153A-239.1, which was also distributed. Mr. Hyder briefly reviewed the proposed changes with the Board.
A public hearing is not necessary on the adoption of the amendments. As with any general ordinance adoption or amendment, to be adopted and effective at the first meeting at which it is introduced, the amendments must pass unanimously with a full Board present. Otherwise, it will need to be placed on a subsequent agenda for a second vote.
The County Manager recommended that the Board take appropriate action to approve the amendments as presented. Once the initial readdressing project is completed, Staff will be taking another, more comprehensive look at the Property Addressing Ordinance and may be proposing additional amendments.
The Commissioners raised some concerns and asked staff to bring back some revised language for clarification on a couple of items. Mr. Hyder said this would be revised and brought back at the mid-month meeting.
ENVIRONMENTAL ADVISORY COMMITTEE YEAR-END REPORT
Chairman Moyer stated that this was one of the Committees that the Board wanted to look at and evaluate the effectiveness of and decide whether to continue with the Committee before appointing new members or reappointing current members.
Ken Weitzen, Chairman of the Committee, discussed these issues with the Board and presented a Year-End Report on the Committee=s work for 2000. He briefly discussed VWIN.
The Environmental Advisory Committee approved the following recommendations at their April 11 meeting:
1. Recommended continuance of the Committee.
2. Recommended not to ask for additional funding for biological testing to be
added to the VWIN program.
3. Recommended to continue to study Astream buffer@ issues but not to make a
formal recommendation to the Board until the Mud Creek Restoration Council has
finalized their report next year.
Ken Weitzen and Fielding Lucas stated that a Meteorologist, a Civil Engineer, a Scientist or someone in Air Quality would be most helpful to the Committee. They need good, educated people who are willing to work hard. Mr. Weitzen also asked for the attendance requirements to be strengthened.
Mr. Lucas explained that the 2001 report will be more user friendly.
Following discussion, Chairman Moyer made the motion to continue the Environmental Advisory Committee and specifically charge them with the things that they have already covered and are continuing to work on but in addition add air quality to their charter, giving them a 6 month charter to talk about the ways air quality is now being monitored and what can or cannot be done and what things are within the Board=s control that could be worked on to improve air quality or keep it from worsening in our county.
Following discussion, a vote was taken and the motion carried unanimously.
Nippy Page has served as staff contact to this committee for two years. The Board thanked her for her work.
Commissioner Hawkins asked for the Committee to review and comment to the Board on the US Health and Human Services Report that was issued in July 2000 that showed Henderson County meeting all the National Air Quality Standards (out of the Partnership for Health Report).
HEALTH DEPARTMENT RESOLUTION
Commissioner Gordon called the Board=s attention to a Resolution that was passed by the Henderson County Board of Health last week. In view of the charter which was just given to the Environmental Advisory Committee, she felt it very appropriate to pass the Resolution to them for their review as they look at the air quality issues. The Board of Health worked very hard on this Resolution.
INFORMAL PUBLIC COMMENTS
1. Avram Friedman - Mr. Friedman thanked the Board for passing the Resolution on Small Businesses and asked them to pass the AClean Smokestacks Resolution@. He had presented a draft Resolution at an earlier meeting. He stated that bad air quality is bad for business. Haywood County and Swain County have passed similar Resolutions. The NC State Senate has passed the Clean Smokestacks Act and it is in the NC House now.
2. Chuck Mason - Mr. Mason is a resident of Grimesdale and addressed the Board regarding Open Use Zoning. During several of the forums for input on the proposed Open Use Zoning plan, he indicated his strong support for the plan as drafted because he did not want others in this county to have to go through an asphalt plant nightmare.
ABased on your recent gutting of the plan=s maximum density restrictions, I now no longer support open use zoning.@
3. Robert Wilson - Mr. Wilson spoke about the Open Use Zoning regulations, stating that the lowered density requirements are totally unacceptable.
4. Joyce Mason - Ms. Mason is a resident of Grimesdale and addressed the Board regarding Open Use Zoning. She stated AI am appalled at the changes you have made in the density requirements in the proposed open use zoning even though you were asked by many residents at your public hearings to make them even stronger.@
INDUSTRIAL ZONING DISCUSSION - add on by Commissioner Gordon
ARecent discussions at our workshops on open use zoning have underscored the importance of appropriate industrial zoning being implemented. As we proceed with the implementation of the processes described in our Land Use Implementation Guide, I think it is important to expedite the identification of our key industrial sites. It is appropriate and necessary for us to begin that process now.@ These were comments made by Commissioner Gordon. She also stated that the Committee of 100 and the Chamber of Commerce have the knowledge and background to identify the locations and areas with the attributes necessary for this type of development, along with those areas most likely to transition to such use as our other infrastructure plans are implemented. She suggested that the Board ask them to prepare a proposal identifying such sites now so that the groundwork will be laid for the Planning Board=s use.
Commissioner Gordon stated further AWe should also ask for a review of the definitions for our zoning districts for industrial and commercial use and recommendations for improving flexibility. This should be done in anticipation of our work on the zoning rewrite draft, also as listed in the Land Use Implementation Guide.
I will ask the Board to approve by consensus a request to the Committee of 100 and the Chamber for assistance with these land use issues at tonight=s meeting. Naturally, final recommendations will be made by our Planning Board and the decision on implementation will come to this Board. Moving promptly on this issue will greatly improve the effectiveness of the open use district and the public=s understanding of our plans.@
Commissioner Hawkins asked for a joint meeting with the Planning Board to review the plan and give clear guidance to the Planning Board.
Following discussion, Chairman Moyer stated that there was unanimous consensus to move forward and follow Commissioner Gordon=s proposal and ask the Chamber to get back to the Board of Commissioners as promptly as possible and then have a joint meeting with the Planning Board.
COMPREHENSIVE LAND USE PLAN - add on by Commissioner Ward
Commissioner Ward and David Nicholson have met and discussed the Comprehensive Land Use Plan and how the Board should approach it. Mr. Ward recommended the Board set up:
Consisting of five members, chaired by Bill Blalock as a volunteer and the other members agreed to by the Board of Commissioners.
Responsibilities would be based on a work plan that the Commissioners have established/will establish. Incorporate studies that have already been done, no need to start from scratch:
Mills River/Fletcher Land Use Plan
Open Use Plan
City Plans (annexation plans and ETJ extension plans)
He suggested that the committee work with Staff and a Consultant but that it not be consultant driven, just assistance. He suggested that the Board ask for regular updates and request a final report in six months.
He suggested that all four municipalities be involved as well as community groups such as Chamber of Commerce, Designing our Future, Home Aid, and Apple Country Greenways. He also suggested involving county committees that are already established throughout the county:
Agriculture Advisory Committee
Environmental Advisory Committee
Recreation Advisory Committee
Library Board of Trustees
Travel & Tourism Committee
Transportation Advisory Committee
Fire Advisory Committee or Local Emergency Planning Committee
Cane Creek Advisory Board
Mud Creek Advisory Board
Board of Health
and Board of Public Education, Sheriff, and possibly 3-5 at-large public members.
Commissioner Ward suggested that the Board set a workshop to:
formalize the Membership
Goals for Plan
Commissioner Ward made the motion that the Board accept the above proposal. All voted in favor and the motion carried.
Health Dept. Resolution - already discussed.
Chairman Moyer called attention to two memos, one from Mayor Niehoff and one from Mayor Hicks with respect to working together with the County when the Planning Board or the Board of Commissioners are considering rezonings near their boundaries or other properties that will affect them. Chairman Moyer further stated that the Commissioners want to have input with respect to annexation decisions, with respect to ETJ decisions. Chairman Moyer stated that everyone is trying to look at how the municipalities and the county can better work together. LGCCA has been discussing this issue. Therefore, Chairman Moyer stated that the Board should honor the request from the Mayors and extend it to cover all Municipalities and all lands close to the Municipalities and entry corridors into the Municipalities.
Chairman Moyer asked the Board to:
1. Adopt the above as a policy
2. Direct the Chairman to send a letter to the Planning Board advising them of the policy to be followed, and
3. Direct the Chairman to send letters to the Municipalities advising them of the policy.
Following much discussion, it was the consensus of the Board to work toward developing a policy or ground rules on this issue through the LGCCA. This will greatly affect sewer lines and residential/commercial development will follow.
MAYOR=S CUP RAFT RACE
Chairman Moyer reminded the Board that the Mayor=s Cup Raft Race is scheduled for June 3rd on the French Broad River. Following some discussion, it was decided that Henderson County would have a raft team this year. Mr. Nicholson stated he would inform Land of Sky that Henderson County will have a team and he will be in charge of drafting (recruiting) team members.
Chairman Moyer 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 the following claim:
Sheila Penland Olvera, Administratrix of the Estate of Rigoberto Olvera
Briones vs. Randall Thomas Edmundson, Douglas McGuinn, George H.
Erwin, Jr., Sedgwick of the Carolinas, and Henderson County
(US Dist., Western District, Civil No. 0:01CV74-C)
2.(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.
Chairman Moyer made the motion for the Board to go out of Closed Session. All voted in favor and the motion carried.
HOUSE BILL HR 62 IH add-on by Commissioner Hawkins
Commissioner Hawkins stated that Ms. Jackson Lee, a Texas Representative, has introduced into the United States Congress a House Bill - HR 62. This particular Bill asks that the Tuesday after the first Monday in November in 2004 and each fourth year thereafter be declared a holiday so that employees can cast votes in Presidential and other elections held on that day. That particular date would replace the traditional Veteran=s Day that is currently on the books.
Commissioner Hawkins felt that this would be wrong to do. Commissioner Hawkins made the motion that the Board adopt a resolution in opposition to House Bill HR 62 IH. All voted in favor and the motion carried.
TRANSPORTATION ADVISORY COMMITTEE UPDATE add-on by Chairman Moyer
re: Widening of I-26 and Community Mobility Forum
Chairman Moyer had previously asked the TAC if they wished to consider the widening of I-26 as part of their agenda. The group agreed to take up this issue and by a vote of 11-1 supported the widening of I-26 in conjunction with the widening of 225, which is the connector from I-26 over to US 25. Chairman Moyer has advised the other municipalities of these actions.
Chairman Moyer stated that one of the committees of the Transportation Advisory Committee is the Community Mobility Group which studies public transportation issues, walkways, greenways, bikeways, etc. Mr. Moyer has been asking the Group to take their proposals and present them to the public to see if there is any public support for the kinds of things they are talking about. There will be a Public Forum on Community Mobility at the next regular TAC meeting, May 17 at 7:00 p.m. in this room and it will be videotaped to air on Channel 11.
Chairman Moyer reminded the Board that AStrive Not to Drive Week@ is May 13 - 19 and AStrive Not to Drive Day@ is May 18 in Henderson County. He encouraged everyone to at least try to reduce their transportation by car on that day to the extent that can be done.
Chairman Moyer stated that they have been pressing to try to get better synchronization of the traffic lights. Work is progressing on that. The Committee has been successful in getting a stop light at South Allen Road/Upward Road. They also have gotten changes made at #280 and #191.
PRESENTATION OF COUNTY MANAGER=S PROPOSED BUDGET
Mr. Nicholson reminded the Board that the State Budget has affected us greatly in preparation of our FY 2001-2002 budget. The State has put a cloud over local governments across the State of North Carolina. Mr. Nicholson has provided in the budget notebook for the Commissioners a list of items (in no particular order) that the Board could delete if needed, to cut the budget.
The County Manager explained that this is a $84.6 million budget. He recommended a 2 cent tax increase which would make our tax rate 52 cents. The increase is not needed in the operating budget but rather for projects such as Rehabilitation of the Historic Courthouse, the proposed Human Services Building (Carolina Apparel Trading Bldg.) and building a much needed new Animal Shelter.
Mr. Nicholson asked the Board to look at the goals they have set when reviewing the budget. The Board has increased funding for education. The Board has greatly improved the County=s financial position. The Board has also improved the County=s level of services to the community as well as improvement to public facilities.
Selena Coffey then distributed copies of the Budget Message as well as the Budget Notebook.
David Nicholson reminded the Board that the Public Hearing on the FY 2001-2002 Budget needed to be set under Important Dates.
Notification of Vacancies
The Board was notified of the following vacancies which will appear under ANominations@ on the next agenda:
1. Hendersonville City Zoning Board of Adjustment - 1 vac.
Chairman Moyer reminded the Board of the following vacancies and opened the floor to nominations:
1. Nursing/Adult Care Home Community Advisory Committee - 1 vac.
2. Mountain Area Workforce Development Board - 1 vac.
3. Land-of-Sky Regional Council Advisory Council on Aging - 1 vac.
4. Equalization and Review - 1 vac.
5. Retired Senior Volunteer Program Advisory Council - 1 vac.
6. Juvenile Crime Prevention Council - 1 vac.
7. Henderson County Zoning Board of Adjustment - 1 vac.
There were no nominations at this time so all these items were rolled to the next meeting.
Commissioner Ward stated that there is a budget workshop set for May 24. He will be out of town and asked that it be rescheduled. Chairman Moyer asked Mr. Nicholson to look at the calendar and the Board will look at rescheduling that workshop at the May 16 meeting.
Request for Public Hearing on Road Names
Rocky Hyder stated that most of these road names are in the Mountain Home area. Three of the roads are petitions for un-named roads, one is for re-naming to eliminate a duplicate.
Commissioner Hawkins made the motion to set the Public Hearing for May 29 at 5:00 p.m. All voted in favor and the motion carried.
Property Addressing Staff will hold an open house on the day before the hearing to address questions and concerns from citizens regarding these names.
Request for Public Hearing on Rural Routes
Mr. Hyder requested that the Board set a Public Hearing for the purpose of assigning street numbers to all rural routes within Henderson County. Property Addressing Staff will again hold an open house on the day before the scheduled hearing to address questions and concerns from citizens.
Commissioner Hawkins made the motion to set the Public Hearing for May 29 at 5:00 p.m. All voted in favor and the motion carried.
Set Quasi-Judicial Proceeding on an Application for a Variance from the Henderson County Subdivision Ordinance for Richmore Estates
Ms. Janice Payne, agent for Mr. Richard Phipps, property owner and developer of Richmore Estates subdivision, had submitted an application for a variance from Section 170-27 of the Henderson County Subdivision Ordinance which deals with right-of-way access.
The Henderson County Planning Board reviewed the application at its meeting on April 24, 2001 and made a recommendation. At this time, Staff requested that the Board set a quasi-judicial proceeding to consider the variance application. The recommendation of the Planning Board as well as other information about the variance request will be presented to the Board of Commissioners prior to and during the proceeding.
Ms. Payne had requested that the variance application be heard at an evening meeting, therefore, Staff proposed the date of June 4, 2001 at 7:00 p.m., the next regularly scheduled Board meeting.
Chairman Moyer made the motion to set the public hearing for June 4, 2001 at 7:00 p.m. All voted in favor and the motion carried.
Request for Public Hearing on Rezoning
Christine Bernard, Bob Sherman, and Virginia Dale Thompson have submitted applications requesting that the County rezone 3 parcels totaling approximately 2.34 acres from an R-40 (Estate Residential) district to a C-1 (Residential Commercial) district. The parcels proposed for rezoning are located along US-25 South at the intersections of Shepherd Street and US-25 South, and Erkwood Drive and US-25 South.
The Henderson County Planning Board reviewed the applications at its meeting on Tuesday, April 24, 2001 and voted to send the Board of Commissioners a favorable recommendation on the request to rezone the property of applicant Sherman, but voted to send an unfavorable recommendation on the request to rezone the properties of applicants Bernard and Thompson. Before taking action on the application, the Board of Commissioners must hold a public hearing. Staff proposed that the hearing be scheduled for Monday, June 4, 2001 at 7:00 p.m.
Chairman Moyer made the motion to set the public hearing for June 4, 2001 at 7:00 p.m. All voted in favor and the motion carried.
Commissioner Hawkins asked that the Board set a Solid Waste Workshop or get that item on the agenda for a future meeting. The County Manager had planned to have that as an agenda item at the June 4 meeting.
Commissioner Hawkins also asked that the Board set a workshop on redistricting. Subsequent to getting the new, updated census numbers, he went back and re-looked at the districts and the Board of Elections also revisited the districts and came up with a better product. He asked that the Board review the new information and the Board will then set a workshop on June 4.
Commissioner Hawkins reminded the Board of a Joint Facilities Meeting at 5:30 on May 21, 2001. The Meeting will be at the Board of Education Administration Building.
Commissioner Ward made the motion to set the FY 2001-2002 Budget Public Hearing for June 5 at 7:30 p.m., here. All voted in favor and the motion carried.
CANE CREEK WATER & SEWER DISTRICT
Chairman Moyer made the motion for the Board to adjourn as Henderson County Board of Commissioners and convene as Cane Creek Water & Sewer District Board. All voted in favor and the motion carried.
Chairman Moyer made the motion for the Board to adjourn as Cane Creek Water & Sewer District Board and reconvene as Henderson County Board of Commissioners. All voted in favor and the motion carried.
Action following CCWSD meeting
CLEAN WATER MANAGEMENT TRUST FUND
Staff had negotiated the final contract for the $500,000 grant from the Clean Water Management Trust Fund. This grant is for the Mills River Sewer Project. The County Engineer and Assistant County Attorney discussed the contract with the Board of Commissioners.
Commissioner Hawkins made the motion for the Board of Commissioners to approve the Resolution (as amended) and Grant Agreement. All voted in favor and the motion carried.
There being no further business, Commissioner Hawkins made the motion to adjourn the meeting at 9:58 p.m. All voted in favor and the motion carried.
Elizabeth W. Corn, Clerk to the Board William L. Moyer, Chairman