STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                   MAY 16, 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 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, Environmental Planner Nippy Page, Property Addressing Coordinator Curtis Griffin,  and Fire Marshal/Emergency Management Coordinator Rocky Hyder.



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



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



 Rev. Debby Bradley of the Pardee Chaplaincy Program gave the invocation.



Commissioner Gordon added discussion of the State=s Lottery proposal as AD@ under Discussion Items. 


Chairman Moyer added the Community Mobility Forum as AE@ under Discussion Items and a Hospital Issue regarding a temporary license for a ventilator as AF@ under Discussion Items.


County Attorney Beeker asked the Board to roll one closed session item - personnel matter.


Chairman Moyer made the motion to approve the revised agenda.  All voted in favor and the motion carried.



Chairman Moyer pulled items AD@ and AE@ from the consent agenda - Tax Refunds and Releases and made the motion to approve the Consent Agenda except for items D and E.  All voted in favor and the motion carried.


 The CONSENT AGENDA consisted of the following:


Minutes were presented for the Board=s review/approval of the April 26, 2001 special called meeting.


Tax Collector=s Report

Terry F. Lyda, Tax Collector, provided the Tax Collector=s Report dated May 8 for the Board=s information.


Property Addressing Report

Curtis Griffin, Property Addressing Coordinator, had provided the report for the Board=s review.

Property addressing contractor 3Di has finished gathering data on Rural Route 2 in Fletcher.  New addresses have been forwarded to the Fletcher Post Office to verify edit sheet information.  Expect to notify residents along Rural Route 2 within two weeks.  This route took longer to finish than originally planned due mainly to the problems 3Di encountered when they began to collect data.  Some customers along the route had started to use the new addresses assigned to them last year.  Some customers were skipped in that process and were using rural route and box numbers as addresses, and some customers were using addresses that were assigned by the post office.  This forced 3Di to start the entire route over again to ensure a consistent addressing scheme along the entire route.


The Property Addressing Office received new GPS mapping equipment.  This will save enormous amounts of time in mapping, pinpointing structure location and addressing properties, as well as increasing the quality of data within the GIS database.  In comparison, the measuring wheel method required 40 man-hours to address a mobile home park. Utilizing the new GPS equipment, only 4 man-hours of work was required to address a similar size park and send out the required letters of notification.


Upcoming Events

C                  Public hearing on Road Renaming Project (May 29 public hearing).

C                  Public hearing on the addressing and resolution of street names along the

County=s Rural Routes.

C                  Begin to address Rural Route 1 in Fletcher and other rural routes.


Request for Improvements Guarantee for The Glens of Aberdeen

On January 2, 2001, the Board of Commissioners granted approval for Butler Holdings, L.L.C. to post an irrevocable letter of credit in the amount of $81,428.75 to guarantee completion of remaining road and drainage improvements as well as the installation of water and sewer lines to serve lots 3 through 30 in the Cottage Lots portion of The Glens of Aberdeen.  The Performance Guarantee for the improvement guarantee required that Butler Holdings complete the improvements by April 30, 2001.  The expiration date on the original letter of credit from Branch Banking and Trust is June 30, 2001.


The posting of an improvement guarantee allows a developer to have a subdivision final plat approved for recordation prior to completion of proposed improvements.  It also allows a developer to begin selling lots.  However, Butler Holdings has not yet submitted a plat for approval for the lots covered by the improvement guarantee and none of those lots have been sold.


Mr. Luther E. Smith has submitted a letter on behalf of Butler Holdings requesting that the completion date for the improvements be extended to June 30, 2001.  According to Mr. Smith=s letter, unanticipated site conditions have delayed construction.  Staff made a site inspection of the project on April 23, 2001, and found that the road and drainage improvements were substantially complete.  The water and sewer lines had been installed, however the Asheville Buncombe Henderson Regional Water Authority had not received the as-builts on the water system and it had not yet made an inspection or done testing.  There is also some additional work to be completed on the sewer system.


Section 170-39 of the Subdivision Ordinance allows the Board of Commissioners, upon proof of difficulty, to grant an extension of an improvements completion date for up to one additional year, provided that the time between initiation and completion of the improvements does not exceed two years.  If the Board of Commissioners grants the original Performance Guarantee Agreement and the proposed completion date of June 30, 2001, it will be within the two-year maximum.


A draft Performance Guarantee Agreement, which reflects the new completion date requested by Butler Holdings, was presented for the Board=s review.  If the extension request is approved, Butler Holdings must submit an amended letter of credit that expires no less than 60 days after the new completion date.  The Assistant County Attorney must review the amended letter of credit and certify the Agreement as to form prior to its execution by the Chairman of the Board of Commissioners and Butler Holdings.


David Nicholson stated this is the first extension request for this project and the extension, if granted, would not cause the developer to exceed the two-year maximum time period for completion of the required improvements.  In addition, the developer has not yet sold any of the lots covered by the improvement guarantee because the final plat has not yet been approved.  Therefore, he recommended that the Board approve the request to extend the completion date for the improvement guarantee for lots 3 through 30 in the Cottage Lots portion of The Glens of Aberdeen to June 30, 2001, subject to the developer submitting an amended letter of credit that expires no less than 60 days after the new completion date and subject to the Assistant County Attorney reviewing the amended letter of credit.


County Management Records Retention and Disposition Schedule

The Local Records Unit of the Government Records Branch of the North Carolina Department of Cultural Resources has updated the Records Retention and Disposition Schedule for County Governments.  This Schedule replaces a similar schedule from 1991.  This Schedule covers records in the areas such as Administrative, Financial, Legal and Personnel.  A copy of the cover letter, resolution and table of contents was submitted for the Board=s review.


The Board was requested to approve this Schedule.  Following the Board=s approval, copies of the appropriate sections will be made available to all County Departments.


Mr. Nicholson informed the Board that he did not have the entire Schedule copied for the meeting because it is nearly 80 pages in length.  Should any Commissioner wish to have a copy of this entire Schedule or any Section, it is available in both the Clerk to the Board=s Office and the Legal Department. 


Mr. Nicholson recommended that the Board approve the Schedule.  Henderson County has always utilized this statewide Schedule.  The only alternative to using this Schedule would be to develop an alternative and more restrictive records retention schedule for Henderson County.



Rocky Hyder reminded the Board that at the Board of Commissioners= meeting on May 7, 2001, the Commissioners reviewed some proposed amendments to the Property Addressing Ordinance requested by the Property Addressing Office.  The Board asked that those amendments be clarified in a couple of areas and put back on this meeting for adoption.


Those amendments have been reviewed by staff and clarified.  The Board was presented with a summary of the proposed amendments as well as a full copy of Chapter 142. 


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.


David Nicholson 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.


Chairman Moyer made the motion to approve the proposed amendments to the property addressing ordinance with a slight change to add the word Afavorable@ in paragraph two.  All voted in favor and the motion carried.



David Nicholson reminded the Board that the Henderson County Hospital Corporation has for some time been planning three capital projects which include a medical office building, a parking deck, and an expansion to its emergency room facilities.  The Hospital in part wishes to finance these projects with the issuance of revenue bonds and the County has been working with the Hospital on that financing project.  At the Board=s next meeting (June 4, 2001) the Hospital anticipates introducing that financing project to the Board of Commissioners in more detail.  Representatives from the Hospital will be present at that meeting to discuss the projects and the financing with the Board.


In anticipation of the financing project, the Board of Commissioners adopted a reimbursement resolution on July 3, 2000, that covers all three projects, a copy of which was submitted for the Board=s review.  At that time those projects were expected to cost $16.3 million and the Hospital had planned on financing $10 million through revenue bonds.  Currently the cost estimates for the projects are approximately $23.75 million.  Due to the increase in cost estimates and the condition of the market for hospital projects, the Hospital would like to finance up to $15 million through the issuance of revenue bonds.


Two of the hospital projects (medical office building and parking deck) are in various stages of completion, therefore it is important to amend the reimbursement resolution previously adopted to reflect the changes in the projects estimated cost and the amount that will be financed.  Staff had prepared an amended resolution for the Board to consider.


Mr. Nicholson recommended that the Board take action to adopt the amended reimbursement resolution as presented today.  This amendment should be done as soon as possible; however, if the Board is uncomfortable taking action on this matter without detailed information from the Hospital on the financing, the adoption of the amended resolution can wait until the Board=s next regular meeting which is scheduled for June 4, 2001.


This information was presented for information and no action was requested at this time.



NC DOT - Update on Secondary Roads

Chairman Moyer wanted to remind the public that the Board and NC Department of Transportation had the annual public hearing here on May 11 about the road paving project.  Our district representatives from NC DOT were present: Conrad Burrell, Jay Swain, and Ed Green.  Henderson County will receive $4,645,735.14 from the state with respect to continuing the paving of secondary roads and some maintenance and improvement of roads.


He particularly wanted to make the public aware that there is a listing of roads to be paved during the next fiscal year.  Anyone interested in that list or a name on that list can contact Ed Green at NC DOT or contact the Commissioner=s office.  There was also a lengthy list of roads where rights-of-way are not available.  These roads were once on a priority list to be paved but for some reason right-of-way was not available and therefore the road was put on this back up list.  They do not come back on the paving list until the right-of-way problems have been resolved.  In the next three years paving will have been offered to every gravel road in western North Carolina.  If you live on a gravel road and want your road paved, you should contact NC DOT to check on the status of your road as these paving funds may not continue to be available after the three year period.  



On February 12, 2001, the Board embarked on a 3-month plan to adopt Open Use Zoning. 


Chairman Moyer informed those present that the Board held a public hearing last evening on the Open Use Proposed District and how it would be applied.  The Board received public input from approx. 18 people.  The Board had also received some written correspondence. There was some discussion by the Board last evening and some changes were made, based on some of the public comments. The Board decided to defer action until this meeting today.


Chairman Moyer stated that one of the issues that was left on the table was the issue with respect to cars, vehicle graveyards.  There was one person who spoke and asked that the number be changed from five to ten.  Much discussion followed.


Angela Beeker suggested refining the definition but leave the number at five unless the vehicles are in an enclosed building, then there would be no limit to the number of vehicles.  This is as an accessory use, not as the primary use. 



Chairman Moyer moved that the text amendments in the March 19, 2001 (blue) Draft be adopted with the changes reviewed by Staff during the public hearing and with the following additional amendments:


$                In the definition of Chip Mills - change 100,000 tons to 50,000 tons;

$                On the specific site standards chart - change the maximum residential density for heavy industry, asphalt plants and incinerators to 1 unit per 8 acres within a 1 mile radius;

$                Revise the section on subsequent events to state that subsequent events Ashall not operate to invalidate the permit or affect the ability of the use to alter or expand its facilities or operations@ and add a provision to that section to make it clear that events occurring around a preexisting use will not affect the ability of the preexisting use to alter or expand its facilities or operations;

$                Any obvious typographical error, such as inconsistencies in paragraph numbering and formatting, can be changed;

$                In the definition of vehicle graveyards - revise it to cover only those vehicles not enclosed within a building or structure.


Commissioner Hawkins stated that he could not support the amendment.  He stated that the Board has spent much time on open use but it was developed in isolation. He also felt that government should not exclude itself from its own regulations.  He was not happy with the way the information was advertised either (protected mountain ranges). 


Chairman Moyer stated that the Board unanimously adopted the County-wide Land Use Regulation Guide on September 7, 1999.  The first step of that plan was to adopt an open use district and to apply it county-wide. Step two was to study the areas around the municipalities and determine whether a different type zoning or traditional zoning should be applied in those areas.  The Board is working on that through the LGCCA to study that as well as annexation and ETJ extensions.  Step three of the plan was to study the growth areas, the major corridors, and (as added by action of this Board) the industrial areas to determine whether more traditional zoning should be applied in those areas.  The Board has authorized moving forward with the industrial areas and are studying the growth areas in the Mills River and Fletcher area including several of the major corridors.   All aspects of the plan are being well coordinated and this is not one piece that is being pulled out.


Following more discussion with Commissioners feeling that open use is a good first step, a vote was taken on Mr. Moyer=s motion and it carried four to one with Commissioner Hawkins voting nay.  The Board thanked staff for their hard work and long hours on this project, as well as the Planning Board.



Chairman Moyer moved that the official zoning map be amended to apply the Open Use District to all unzoned areas of the County that are within the County=s zoning jurisdiction, except for the National Forest and the State Forest and that it be effective immediately. 


Following discussion, a vote was taken and the motion carried four to one with Commissioner Hawkins voting nay.


Chairman Moyer stated that this action does not reflect any one Commissioner=s plan and it speaks well for this Board that everyone was willing to compromise and try a unique approach to benefit our county.  He felt that the Board is committed to carrying out the rest of the plan.  The Board is moving forward with water and sewer planning, another important step, as well as road planning and school planning.


Angela Beeker informed the Board that there are a couple of ordinances that will need to be repealed since Open Use has been put into place county-wide.  Some of them require a public hearing and some do not.  She felt comfortable with lumping all them together and having one public hearing.  The ordinances in question here are: junkyard ordinance, motor sports facilities ordinance, the incinerator ordinance, and specific provisions of the solid waste ordinance.  She requested that the Board set a public hearing for the July 2 meeting to consider the repeal of those ordinances. 


Chairman Moyer made the motion to set July 2 at 7:00 p.m. as the public hearing to consider repeal of those ordinances.  All voted in favor and the motion carried.



A revised proposal submitted by Commissioner Hawkins had been presented for the Board=s consideration.  Commissioner Hawkins explained that it  is based on additional information provided by the State Board of Elections regarding census numbers in each precinct.  The revised districts meet the test of the 10% rule, meaning that all districts are within 10% of the ideal sized district (17,834).  The Board has the authority under NCGS 154A-22.1 (the Moore County bill) to change the district boundary lines if a finding is made that there is substantial inequality of population in the Commissioner districts presently.


The Board has scheduled to take action on this item at the mid-June regular meeting.


Much discussion followed with the majority of the Board wanting to have another workshop on this issue.  Commissioner Ward reminded the Board that this is just a residency requirement, that each Commissioner represents all county residents.  It was the consensus of the Board to set a workshop under AImportant Dates@ on this agenda.



Marilyn Gordon reminded the Board that the Cane Creek Water and Sewer District Advisory Board was originally appointed for a two-year term.  This term will end at the end of June of 2001.  The committee reviewed its purpose and future functions at their last meeting.  Based on this discussion, they have updated their charter for presentation to the Board of Commissioners at today=s meeting She asked the Board to extend the charter for an additional two years, based on the new charter. 

Mr. Nicholson stated that staff has found this committee very valuable over the past two years and recommended to the Board that this committee continue under the revised charter.


Following more discussion, Commissioner Gordon made the motion for the Board to extend the Charter for the Cane Creek Advisory Board for an additional two years, based on the new charter.  All voted in favor and the motion carried.


There was discussion of whether the Board wants to continue in the sewer business.  Chairman Moyer suggested putting this issue as an agenda item in July, after budget time.


Angela Beeker suggested adding this Board to the Henderson County Code with a sunset date.  That was agreeable with the Board.


STATE LOTTERY PROPOSAL add-on by Commissioner Gordon

Commissioner Gordon stated that there is considerable discussion regarding a State Lottery for North Carolina, to be used to balance the State=s budget.  She stated that she did not support this proposal, feeling that there are ethical and fiscal responsibility issues that relate to it.  This issue is being reviewed in the State Legislature.  She suggested the Board adopt a resolution opposing a lottery for North Carolina. 


Following much discussion with all the Commissioners agreeing for various reasons, Commissioner Gordon made the motion that the Board adopt a resolution opposing a state lottery for North Carolina and send copies of it to our Legislators.  All voted in favor and the motion carried.


Commissioner Gordon will draft the resolution and get copies to all the Commissioners prior to execution.


TRANSPORTATION ADVISORY COMMITTEE - Community Mobility Forum  - add on by Chairman Moyer

Chairman Moyer reminded those in attendance of the forum planned for tomorrow evening at 7:00 p.m.  He encouraged attendance.   One of the committees of the TAC deals with community mobility including alternative forms of transportation.  They also spend time on roads and other forms of transportation.  The forum will give the public a chance for public input with respect to transportation issues.   There will be a survey distributed at the forum and at other places to give people a chance to indicate what they like and what they don=t like and even what they would be willing to pay towards the cost of some of these forms of transportation.


CABLE TV - Channel # 11

Chairman Moyer wanted to remind everyone that there have been some changes in the line-up for channel # 11.  The Commissioners have all received a revised copy.  It is available on the web for the public and also is available on channel # 11 on the guide.


PARDEE HOSPITAL - Temporary License for a Ventilator

Jennifer Jackson explained that currently the hospital only has ventilator beds available and licensed for in the Intensive Care Unit (ICU).  These are beds that are hooked up to actual ventilators that assist patients to breath.


A circumstance has arisen that has tied up one of those ICU beds for a patient that really needs a lower level of medical assistance but the hospital must keep that patient in the ICU because that=s the only bed that they are licensed for. 


The hospital, through their CEO and their Attorney, would like to go to Raleigh to meet with the Division of Facilities Services to request some assistance or some consideration in a temporary license that would allow a ventilator bed to be utilized in the Lane Wing (the Assisted Living Unit) of the hospital.  They have asked Henderson County for some support in that meeting since Pardee is operating as the public hospital in our county.  Our DSS (Department of Social Services) folks have been involved and the hospital felt it was important to have the county at the table for these discussions.  She brought the matter before the Board on behalf of the hospital.  Ms. Jackson had been asked if she would consider attending on behalf of Henderson County and she agreed that she would consider it if authorized to do so by the Board of Commissioners.


Chairman Moyer stated that this has been a very difficult case for the hospital and DSS.  It has put an enormous financial burden on the county in many areas and is tying up the hospital in an area where they need some help. 


There was much discussion.  Chairman Moyer suggested the Board approve this with the assumption that Commissioner Hawkins get more information for the Commissioners regarding this issue since he is the Board=s representative on the Hospital Board.  Action needs to be quick on this item.  The Commissioners felt that protocol should have been followed with the lines of communication on this issue and Commissioner Hawkins will address that with the Hospital Board.


It was the consensus of the Board to support the Chairman directing Jennifer Jackson to move forward to proceed with this request from Pardee Hospital and attend the meeting to demonstrate County support.



1. Jack Reed - Mr. Reed referred to a Times-News article in this morning=s paper that refers to the Open Use workshop held last night.  He stated that the Times-News article distorted the facts regarding residential density.


Mr. Reed reminded the Board that on March 28 several Nursing Homes and Adult Care Homes sent his name in as a nominee to serve on the Nursing/Adult Home Community Advisory Committee.  The Community Advisory Committee is entitled to 1/3 of the persons on the committee to be nominated by them.  He stated that there currently is no-one on the committee that has been nominated by the homes.  He asked about the status of that action.


Chairman Moyer informed Mr. Reed that the Board would address Anominations@ shortly.



David Nicholson reminded the Board of several dates they need to address at this time:


Redistricting Workshop

The Board set a workshop for May 30th from 3:00 to 5:00 p.m.


Comprehensive County Plan Workshop

The Board set a workshop for June 7th from 9:00 - 10:30 a.m. 


Public Hearing on Rural Operations Assistance Grant

David Nicholson asked that the Board set this public hearing.  This is an annual thing.  This is the money that Apple Country gets to do their basic operations.


Chairman Moyer made the motion to set the public hearing on June 20 at 11:00 a.m. on the Rural Operations Assistance Grant


Additional Budget Workshops

Mr. Nicholson proposed that the Board hold a budget workshop in early June with the Schools and one with the Fire Departments.  It was decided to hold the workshop with the School Board on June 12 at 3:00 p.m.


Consideration of moving the first meeting in September

David Nicholson stated that one of the Commissioners would like for the Board to consider moving the first meeting in September from Tuesday, September 4 to Monday, September 10.  Commissioner Hawkins made the motion to move the regularly scheduled Board meeting from September 4 to September 10 at 5:30 p.m.  All voted in favor and the motion carried. 


Cancellation of May 24 budget workshop

The Board canceled the budget workshop scheduled for May 24 because Commissioner Ward was not available that day.




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.

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


2.               Mountain Area Workforce Development Board - 1 vac.

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


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

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


4.               Equalization and Review - 1 vac.

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.

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


6.               Juvenile Crime Prevention Council - 1 vac.

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


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

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


8.               Hendersonville City Zoning Board of Adjustment - 1 vac.

Commissioner Hawkins nominated Larry Holbert as our ETJ representative.  There were no other nominations.  Commissioner Hawkins made the motion to accept Mr. Holbert by acclamation.  All voted in favor and the motion carried. 



Chairman Moyer made the motion for the Board to 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 and 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 claims:


Mary L. Hensley vs. Henderson County and Henderson County Department

of Social Services [Hend. Co. File No. 01 CVS 168]


2.(a)(4)            To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body.


Chairman Moyer made the motion for the Board to go out of closed session.  All voted in favor and the motion carried.


No action was taken following closed session.


There being no further business to come before the Board, the meeting was adjourned.






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