STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                  JUNE 20, 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, Planners Josh Freeman and Nippy Page, Finance Director J. Carey McLelland, and Project Coordinator Bill Blalock. Amy Brantley, Volunteer Coordinator, was present through the Nominations.



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



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



Gus Martschink, from the Hospital Chaplaincy Program, gave the invocation.



Commissioner Gordon added one item - AMemo from the Village of Flat Rock@ that was received yesterday.  Added as AC@ under Discussion Items.


Chairman Moyer pulled Staff Report - AA@ - APlaque Presentation by the American Cancer Society@.  The person who was going to make the presentation could not be here today. 


Chairman Moyer made the motion to approve the agenda with the two changes mentioned.  All voted in favor and the motion carried.



Chairman Moyer asked Mr. Nicholson to comment on item AH@.


AH@ - Employee/Department Recognitions

Mr. Nicholson asked Chris Coulson to come out of the videotaping room for this item.


Chris Salerno Coulson, Henderson County Public Information Officer, was chosen as one of the winners in this year=s 2001 Awards of Excellence Program.


She received the following awards: 2000 Report to Citizens (Annual Reports), Superior; Activity Book (Special Projects), Excellent; for communities of under 500,000 population. Her entry was chosen from among 475 received from counties coast to coast for this year=s awards program.  Various public/private relations and communications firms judged the entries.


The list of award winners will be published in THE ART OF COMMUNICATION, NACIO=s newsletter, and e-mailed to NACIO=s listserv group.  The winners will also have their work displayed at a booth at the National Association of Counties Annual Conference, July 13 - 17, 2001, in Philadelphia, PA.


She was invited to receive her award in person during the 2001 NACIO Awards of Excellence reception on Friday, July 13, 2001, during the NACo conference in Philadelphia.  The reception ends a great, day-long program of NACIO sponsored workshops designed specifically for county communications professionals. 


Commissioner Ward made the motion to approve the Consent Agenda.  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 21, 2001, regular meeting (revised - formerly approved on May 8, 2001)

May 3, 2001, special called meeting

May 29, 2001, special called meeting

May 31, 2001, special called meeting

June 5, 2001, special called meeting


Request for addition to State Road system

Staff had received and reviewed road petitions to add the following roads to the State Road system:

1.               Timber Cove Court                 (Sweetwater Hills Subdivision)

2.               Sweetwater Hills Drive          (Sweetwater Hills Subdivision)


Richmore Estates Variance - Draft Order

At the Commissioners= meeting on June 4, 2001, the Board considered the Application for a variance from Section 170-27 of the Henderson County Subdivision Ordinance submitted by Richard C. Phipps, owner of a 28.58 acre tract on Old Homestead Road (SR#1212) in Henderson County, for a proposed major subdivision to be called Richmore Estates.


The Board conducted a quasi-judicial proceeding to consider the requested variance.  After hearing all of the testimony the Board discussed the matter and voted to approve the variance as presented.  The Board also directed Staff to prepare proposed findings of fact and conclusions consistent with the information presented and with the Board=s discussion and vote to approve the variance. 


Mr. Nicholson reminded the Board that they have 45 days from June 4, 2001 to adopt a written order concerning the variance request. 


The Order Granting the Application for Variance is attached as a part of these minutes.


Tax Collector=s Report

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


Tax Refunds/Releases

The Board was given a list of the tax refund (28) and release (209) requests from the County Assessor=s Office .  The Board had pulled these requests at the May 16, 2001 meeting to address a couple of questions concerning specific requests.  Staff has reviewed these requests and provided the Board with the following information:


Tax Refunds -            Mills River Partners - An E-Mail from the former County Assessor

was attached providing information related to this item.  This appeared to be a judgement call made by Mr. Baird that the difference in assessment did not justify the appeal at the Property Tax Commission.


Tax Releases -           Carolina Concrete Designs - This was the correction of a double

 listing that was filed under both a personal and business name with both the IRS and County. A Schedule C was filed with the IRS to remove the property from the business listing and now the county needs to do the same.


Henderson County Financial Report - May 2001

and Cash Balance Report - May 2001

The Henderson County Financial Report for May was presented for consent information only, as was the Cash Balance Report for May.


Henderson County Public Schools Financial Report - May 2001

The Henderson County Public Schools Financial Report for May was presented for consent approval.



Notification of Vacancies

The Board was notified of the following vacancies which will appear under Nominations on the next agenda:


1.               Alliance for Human Services - 1 vac.

Mr. Ward has been serving as the Board=s representative on that Board.  Chairman Moyer stated that term is expiring and asked Mr. Ward if he would be willing to continue to serve.  He stated he would.  Chairman Moyer made the motion to reappoint Commissioner Ward to the Alliance for Human Services Board.  All voted in favor and the motion carried. 



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


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

There is one vacancy for position # 4.  Jack Reed was nominated at the last meeting.  Commissioner Hawkins stated that we had finally received a response back from Mr. Adams, whose name had previously been placed in nomination, and he indicated that he must decline appointment to this Committee.  Commissioner Hawkins nominated Dottie Effinger for position # 4.  There were two nominees for one position so the Clerk to the Board was asked to poll the Board. 


Ms. Corn polled the Board and Dottie Effinger received four of the five votes so she will be the Board=s nominee to position # 4, whose name must now go out to all the Nursing Homes before actually appointing her.


2.               Mountain Area Workforce Development Board - 4 vac.

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


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

The Board had previously appointed Larry Boone to serve in this spot but he is not eligible as the person must be over 60 years of age.  Mr. Nicholson distributed an application of someone who was willing to serve in this capacity - Mr. Bernard Brodsky.


Commissioner Gordon made the motion to appoint Bernard Brodsky to this vacancy.  A vote was taken and the motion carried unanimously.


4.               Equalization & Review - 3 vac.

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


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

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


6.               Juvenile Crime Prevention Council - 18 vac.

Commissioner Messer made the motion to reappoint Dr. Kohlan Flynn, Chief Donnie R. Parks, Sgt. Ben McKay, Ms. Merrie Oxley, Ms. Polly Penland, Ms. Karen Couch, Mr. David Nicholson, Ms. Gwen Rice, Mr. Kevin Lauritsen, Mr. Spence Campbell, Mr. Jim Gaillard, Ms. Margo Nagel, and Ms. Terri Wallace and to appoint Robby Goolsby to replace Shelia Devine as the Health Dept. representative.  Commissioner Messer agreed to continue to serve as the Board=s representative.  A vote was taken and the motion carried unanimously.  Larry Harmon will continue to serve as staff to the Board.


Positions # 10, # 19, and #21 are still vacant.


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.


Commissioner Hawkins asked a question of the Legal Staff regarding this Board - Subsequent to the Board zoning the entire county, representatives were required of each zoning district, what is now the legal make-up that is required of the Board.


Ms. Beeker explained that she would have to look at the Zoning Ordinance to see if any amendments will be necessary in light of the Board=s recent zoning action.  The law states that you must have one representative per zoning area.  We now have one zoning area, so it will be at the Board=s discretion to decide how to structure that Board. There is a minimum of five members.


8.               Henderson County Board of Health - 3 vac.

Commissioner Gordon explained that the current appointees to all three positions are willing to continue to serve.  She placed all three names in nomination, Dr. David Chapman, Mr. Jon Laughter, and Mr. Bobby P. Huskey.  A vote was taken which was unanimous in favor.


9.               Mountain Valley Resource Conservation - 1 vac.

Commissioner Ward made the motion to reappoint Mr. J. B. Osteen.  A vote was taken and the motion passed unanimously.


10.            Jury Commission - 1 vac.

Commissioner Gordon made the motion to reappoint Ottilie Koehler.  A vote was taken and the motion passed unanimously.



Chairman Moyer reminded the Board that they planned to come up with a Steering Committee at this meeting.


Commissioner Ward suggested expanding the CCP Steering Committee from five to seven members, including Bill Blalock as the Chairman.  He made the motion to expand that Committee as above.  All voted in favor and the motion carried.


Chairman Moyer nominated Ted Pearce and Dixie Blumer.

Commissioner Hawkins nominated Jack Lynch, Hall Waddell, and Wayne Carland.

Commissioner Gordon nominated Larry Collins.

Commissioner Messer nominated Paul Prosky.



The Clerk to the Board was asked to poll the Board.  There were seven nominees for six vacancies.  Following the vote, the Clerk announced that the Board=s appointees were: Ted Pearce, Dixie Blumer, Jack Lynch, Hall Waddell, Wayne Carland, and Paul Prosky.


Bill Blalock gave the Board a brief update on the CCP Project Plan.

C                  Board of Commissioners= Workshop, June 7th

C                  Approved Project Plan

C                  Approved (in principle) Goals

C                  All potential Steering Committee Nominees (4) had been contacted and briefed.

All agreed to serve if appointed

C                  10 Comprehensive Plan Consulting Firms were investigated.  Final 3 were interviewed. A selection was made and staff is moving forward with contract negotiations. Contract finalization on hold pending approval of funding in FY 01-02 Budget.

C                  Project Plan revised.

C                  Working on identifying Community Committee members

C                  Glossary of terms in development


Mr. Blalock had asked for the following action today:

C                  Appoint 4 additional members to the Steering Committee (along with himself as Chairman). The Board had just appointed 6 additional members, making a seven member Board.

C                  Schedule a workshop the week of July 2nd for a Joint Board of Commissioners and CCP (hopefully no later than the week of July 9) Steering Committee meeting regarding goals clarification.  The Board will set this under AImportant Dates@.


He explained that he hoped to have a contract back to the Board at the July 2 for approval from a Consulting Firm.



Angela Beeker explained that at a recent meeting of the Board, concerns were raised by the Board regarding the maintenance of order in the County parks.  The Board asked staff to investigate measures that could be taken in this regard, including security in the park and amending the Park Ordinance.  The Board was given a proposed rewrite of the park rules which she will address a little later.  She asked Mr. Nicholson to address the security issue and Mr. Harris to address the operational issue.  She and Mose Highsmith will then address the park ordinance or answer any questions. 


The Parks & Recreation Advisory Committee did consider this at their meeting yesterday evening. Mr. Harris and/or Mr. Highsmith will address that because they both attended that meeting.


Increased Security

David Nicholson had been working with the Sheriff to provide additional officers at Jackson Park, both during the week as well as on Sunday afternoon.  Staff will be tracking those costs and will be able to pay for added security out of the Recreation department budget on a contract basis. He has also asked Mr. Harris to make sure that Recreation Staff is there in the evenings as well as on Sunday afternoons. 


Mr. Nicholson, Mr. Harris, Ms. Beeker, and Mr. Highsmith toured the park to look at some additional security items.  They may add a couple of gates to keep people out of certain areas when activities in that area cease.


Mr. Nicholson explained that we have a set of rules that we use for our soccer programs.  One thing Staff is going to do is issue those rules in English as well as in Spanish.  He has asked Ms. Coulson to coordinate it with the Department of Social Services and some of their interpreters to translate them into Spanish so we=ll be able to provide the rules to our Hispanic community.  

Operational Issues

Rick Harris discussed a few changes in the operation of the parks to help maintain order in the parks.

He stated that Staff has moved toward trying to get Jackson Park a little more organized.  Through that organization they brought in what was an on-going free-play situation in Jackson Park where people would just show up and play on the fields - Blue Ridge Community College had always run the Hispanic Soccer League and it expanded - so when they came into the park, staff realigned it into a league format and they pay for the use of the field.  It is an Adult Soccer League, populated mostly by Hispanics.  It is a league in it=s first year.  It is a big event, on Sunday afternoon the Hispanic population really come out for the game.


The Recreation Advisory Board looked at the changes last evening and approved the rules and regulations as written by Mose Highsmith.  They did have three things they would like to be addressed at a later time for possible amendments:


1.               A helmet law for bicycles and skateboards.

2.               A leash law for animals in the park

3.               A law making pet owners responsible for their pet=s waste.


There also was some discussion regarding picnicking in the park and where that should be allowed and not allowed.


Mr. Harris explained that all his staff wear a cell phone and have the Sheriff=s Department on their speed dial for quick access and reporting of any incidents in the park.


Commissioner Ward spoke regarding Mr. Harris, stating that he had a problem at the park and he stepped forward and addressed it personally.  He didn=t delegate it to another person.  He took time out of his own schedule and stepped up and answered the situation.  Mr. Ward spoke well of the character of our employees, and especially our Department Heads.


The Park Ordinance

A copy of a revised Park Ordinance was presented for the Board=s review and discussion.  While discussing the provisions in the current Ordinance, it became apparent to staff that a complete rewrite of the Ordinance may be the best way to comprehensively address all of the issues. It also became apparent that some amendments to the enforcement section of the Code would be helpful to enforce the Park Ordinance.   


David Nicholson stated that Mr. Highsmith took this on as a personal project.  Mr. Highsmith highlighted the changes proposed in the park ordinance and then answered questions from the Board.


Major changes were:


Organization of the ordinance itself to make it more user-friendly and enforceable.


A new definition section, clarifying some of the terminology in the ordinance.


A new paragraph was added - ANo person over the age of six years shall enter any restroom, washroom, or locker room designated for the opposite sex.@


Some changes in the sanitation section make-up.


Some changes dealing with traffic - expanding it so it adopts all the NC Traffic Laws to be enforceable in the county parks.


Change of the speed limit in the park to 10 m.p.h., unless otherwise posted. This would make the speed limit in the parking areas 10 m.p.h.


Allowing vehicles to be parked and driven only in designated areas.


ACause or permit a vehicle to obstruct the flow of traffic, cause or permit a vehicle to be parked unattended or abandoned overnight, and stand, sit, congregate or in any way block or cause a hazard for vehicles in any roadway or parking area except as may be specifically designated by the Director during special events.@ 


Addition of several provisions about bicycles, essentially that riding must be done on the right-hand side of the road, ride in single file if riding on a road, don=t ride anyone on the handlebars, if riding after dark a light is needed, and don=t leave bicycles lying around.


Mr. Highsmith stated that the Recreation Advisory Committee would like to come back at some time and add a provision about helmets for bicycles, skateboards, and scooters in the park. 


Included under ARecreational Activities@ - bathing, swimming, boating, fishing. These things are prohibited unless otherwise allowed by the Director of Parks and Recreation. However, fishing is allowed unless it is prohibited by the Director. 


Inclusion of a section dealing with occupying a reserved area without authorization.


Include not allowing public nudity in any area of the park, nor sexual conduct - just to spell it out in the ordinance.


The addition of a provision regarding amplification of music - AProduce or emit any amplified speech, music, or other sounds that annoy, disturb, or frighten park users without a permit from the Director.@  This provision does not apply to events organized by the department.


A change in operating policy regarding opening and closing times which shall be determined by the Director and posted for public information. Any area of the park can be closed at any time or for any period as necessary at the discretion of the Director.


The Director is also authorized to issue permits if he deems necessary, and likewise can revoke permits.


Mr. Highsmith stated that Westfeldt Park was discussed at the Advisory Board meeting last night and in the proposed changes that will be forthcoming with regard to the bicycle helmets and the leash law, they will likely include that law enforcement officers with a park in their jurisdiction have the authority to eject somebody.  That would allow Fletcher Police Dept. to eject somebody from Westfeldt Park.


Angela Beeker spoke up at this time and stated that she felt that should be added now instead of at a later time.


It is permissible for the Board to adopt the Park Ordinance at this meeting.  It would have to pass by a unanimous vote, or else be subjected to a second reading. If the Board wishes to roll the consideration of the Ordinance to another meeting, staff believes that the increased security and the change in operations of the parks would help to maintain order in the interim.


There was much discussion.


Mr. Nicholson  recommended that the Park Ordinance be given serious consideration at this meeting in order to maximize the available tools to law enforcement and to park staff in dealing with the issues raised by the Board.


Commissioner Messer talked about the possibility of the Board being asked to close Westfeldt Park for a period of time, to get some underbrush cut to help open up the park for safety reasons.  Fletcher has agreed to help get this done and get the Park ready to open back up. We might be able to get some State assistance.  As more is known, this will be brought back to the Board for discussion and approval. 


Commissioner Messer then made the motion for the Board to approve the draft Park Ordinance as presented by Mose Highsmith, including the amendment proposed by Commissioner Hawkins and the two amendments proposed by Angela Beeker, making it effective today.  All voted in favor and the motion carried.


Commissioner Ward expressed appreciation to the Sheriff=s Department, Mose Highsmith,  Mr. Harris and his Staff, and our Attorneys. The way our Staff has stepped up to work on this issue in a quick manner shows the quality of Personnel Henderson County enjoys.  


Award presented to Rick Harris                 

While Mr. Rick Harris was present, Chairman Moyer presented him one of the 8th place ribbons our team won in the recent Mayor=s Cup Raft Race.  Mr. Harris participated in the race but did not stay for the awards ceremony.


Clean up on other Ordinances

Angela Beeker informed the Board that Section 1-14 of the Violations and Penalties Section for the entire Code needs some changes.  Mr. Highsmith has suggested a change to add a paragraph under A-2 - to make it clear that a Sheriff=s Deputy or a Law Enforcement Officer could just simply arrest or cite the person for a violation of the ordinance on the spot. 


Ms. Beeker took this opportunity to add a couple of other clean-up things:


Paragraph A - she added a sentence concerning violation of a parking or traffic violation being an infraction.

Paragraph 1 - Ms. Beeker stated AIt used to say that you can issue a warning ticket and if you commit a similar violation within 6 months, they could swear out a warrant, we=ve made it so that all three - 1, 2, and 3 now are optional so an enforcement agent could just issue somebody a warning ticket ... and if they violate again then they still could go and either ask a deputy to arrest or cite them or swear out their own warrant, so we made it a little bit more flexible, again trying to make not only the park rules more easily enforced but all of our Code as well.@


Chairman Moyer made the motion to approve the amendments as presented.  All voted in favor and the motion carried. These amendments were necessary to make the Park Ordinance that the Board just took action on work more effectively.



This is an effort to keep the lines of communication open.  It gives the Chairman an opportunity to bring the Board up to date on issues that occur between meetings.  It is also the time to ask for direction so that we can develop our public position on current and upcoming topics.


This will also be an opportunity for Commissioners to report on related committee work and assignments.


The topics to discuss at today=s meeting were:


1.               HB #1440 - David Nicholson

Mr. Nicholson provided the Board with a copy of House Bill #1440 which contains amendments to the William S. Lee Act.  This law provides economic incentives to attract industries to the State of North Carolina.  We have used the tax credit provisions in our recruitment of industries to our community.


Mr. Nicholson had spoken to Scott Hamilton of the Committee of 100 about these proposed amendments.  The amendments limit tax credits to Tier One, Two and Three Counties.  It would eliminate tax credits to Tier Four and Five Counties.  Henderson County is a Tier Five County.  Should this bill become law, a valuable economic development tool will be lost for our community.  He requested that the Board go on record against House Bill 1440.


Commissioner Hawkins made the motion to authorize Chairman Moyer to write our Legislators and voice the Board=s opposition to this bill and any similar bill.  All voted in favor and the motion carried.


Adjustment to the agenda

Commissioner Hawkins asked that the Board consider Discussion Item AB@ - Hospital Lease Extension next, since the Hospital Attorney was present.  It was the consensus of the Board to do so.



As follow up to the Board=s joint meeting with the Hospital Board of Trustees on June 14, 2001, the Board of Commissioners wanted an opportunity to further discuss the Hospital=s request to extend the term of the attached Lease Agreement for 50 years.  That request was contained in the letter from the Chairman of the Hospital Board of Trustees dated March 30, 2001.


Angela Beeker stated that part of the reason for this request was that it affects the financing.  She recommended that the Board at least extend the lease to be co-terminus with the pay-off on the revenue bonds that are about to be issued. The Board could choose to extend it 50 years, as requested, but Ms. Beeker felt that the Board might want to put some check points/mile markers in along the 50 year time.  The current lease goes to the year 2013. 


Commissioner Hawkins felt that it was advisable, at a minimum, to extend the lease to be co-terminus with the financial obligation that the corporation is about to take. 


Ms. Beeker stated that until the financing calendar is finished and we know when the project is actually going to start and the financing issues, she advised the Board not to actually vote today but  maybe just agree in principle to make it co-terminus.


Following discussion, Commissioner Hawkins made the motion to agree to at least extend to June 30 of 2023 the lease agreement that was originally signed in 1998 and change Section 3.3 (renegotiations) to June 30, 2018.  All voted in favor and the motion carried. 


Sharon Alexander, Attorney for the Hospital informed the Board that one of the issues that Bond Council reminded the Attorneys of is that once the bonds have been issued that any changes to the lease are probably going to be prohibited without bond holder approval.  This was just for the Board=s information.


Commissioner Gordon discussed briefly the issue of bequests and that she would like to have more information regarding that following the Hospital Board=s Retreat in August.



There were none.



Nippy Page presented the Proposed Future Land Use Map for the Mills River/Fletcher Land Use Study as recommended by the Planning Board on May 29, 2001.  During the presentation of the Study at the March 21, 2001 Board of Commissioners= meeting, the Board requested that the Land Use Map be presented when completed.  Revisions to the Recommendations and the Land Use Definitions contained in the Mills River/Fletcher Land Use Study were also discussed as the Planning Board revised them in conjunction with the drafting of the Map.

In drafting the map it became necessary to further develop and refine the definitions in conjunction with the map and the  recommendation had to be refined.  These definitions are specific to this study, are evolving and on-going.


Josh Freeman presented the map, explaining the legend and discussing the map in some detail.  He discussed the Planning Board recommendations with the Board:


$                The entire 100 year flood plain be preserved as open space.  That would be contingent upon some sort of re-evaluation of the flood plain, especially if it will be translated into a flood ordinance.

$                Some additional open space on the outside edges of the flood plain, partially to account for the inaccuracies of the current flood map, also there may be some additional areas besides the flood plain that should be preserved as open space and those should be identified.One area left out of the agriculture facilities component of that mixed use recommendation is the critical area of the watershed, just to the west of the #191/#280 South Mills River intersection.  They recommended that be preserved as open space with very little use.

$                Starting at the South Mills River intersection, they recommended a combination of some form of commercial use along the highway. Just beyond those areas, they call for some mixture of medium to high density residential with commercial and community facilities mixed in.  South of that some light residential.  Moving North some similar recommendations around Butler Bridge Road and Jeffries Road and surrounding the Glenn Marlow Elementary School, again Regional Commercial at the intersection of #191 and #280 at the Northern intersection and also a few nodes along #191 toward the Buncombe County line.  Just to the West of the Airport is a significant area of open space they recommended.  Some of the area should be reserved for airport expansion at some later date. Moving across the flood plain toward #25 South and I-26 they recommended Industrial just South of the flood plain.  Moving South toward the Naples interchange they call for Regional Commercial.  Around the Hospital they recommended a series of mixed uses, Commercial and Community facilities and medium and high-density residential.  Beyond that, moving to the East into the Bearwallow area they recommend light residential.


There was much discussion of the map and the Planning Board recommendations.


Chairman Moyer had talked with Scott Hamilton of the Chamber of Commerce and asked him to get in touch with Karen Smith regarding the work that was going on with this, so it can be coordinated with the work the Chamber is doing on trying to find industrial sites in the County. Mr. Moyer also stated that the map is not property line specific.  You don=t get into specific properties until you get into the next stage of looking at the various issues.


Josh Freeman pointed out two areas of the map that Staff did not color in - the flood plains South of the South Mills River intersection, it was intended to be green.  The Planning Board did not vote on that because they voted on the map as is.  But Staff=s intention was to color that area green.  It may need to go back to the Planning Board.  The area just to the East of the Railroad Track, near Park Ridge Hospital, that was also intended to be shaded green.


No action was requested at this time; however, the Board had previously discussed holding a work session to discuss the Mills River/Fletcher Land Use Study in more detail.


Chairman Moyer stated that the recommendation would be for the Board to hold a work session on this prior to meeting jointly with the Planning Board and he would ask the Board to set that work session under AImportant Dates@.


Chairman Moyer called a five minute technical break, to change videotapes.


PUBLIC HEARING - on Rural Operating Assistance Program

The purpose of this public hearing was to consider the Rural Operating Assistance Program for Fiscal Year 2001-2002.  The total amount of the grant is $98,655 and is operated by Apple Country Transportation.


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


Mr. Nicholson had informed the Board that Apple Country Transportation did not provide the grant information to him in time for his review of their proposal before he left town.  The majority of the information contained in the agenda packet is the standard information that the Board receives year after year.  However, Mr. Nicholson expressed concern over the beginning of their proposed deviated fixed route.  According to their information, this program would begin in September.  However, they have indicated that they only have funds for six months.  After they expend these funds, additional funding would be sought from local governments, he assumed that meant Henderson County.  He stated that he could not support the request as submitted and thought it would be a mistake to begin a program and only have funds for a six month timeframe.  He hoped that the request would be better explained to the Board during the public hearing.


Javonni Burchette, from Apple Country Transportation, came forward to address the request.

The Department of Transportation asked that they call a public hearing.  Each year the NC Department of Transportation allocates what they call Arural operating assistance program funds@ to county transportation providers in each region of North Carolina.  Last year Apple Country Transportation received $92,684.  This year the Department of Transportation is allocating $98,655.  This is all contingent upon Legislative approval of the State Budget.  Apple Country Transportation recommended using the funds next year as follows:


EDTAP                                   $53,523

WorkFirst                                  5,382

Rural General Public              39,750

Total =                        $98,655


Chairman Moyer asked Javonni to explain the 24 passenger bus and what they intend to do with it.



Javonni explained that EDTAP monies would continue to be used for disabled employment transportation, adult day care, meal sites, and medical appointments which amounted to about $48,000 last year.


WorkFirst monies would continue to be used for those persons needing to get to work by trying to get off welfare or other government assistance programs which amounted to approximately $9,000 last fiscal year.  Additional monies could be used under the DSS WorkFirst contract of which $9,000 went unused last year.


Rural General Public would continue to be used for Saturday shopping trips as well as making available ridership for any person living within 1.5 miles of an existing route.  Last year only 2 of the monies allocated were used for this purpose.  Therefore, $12,000 would be used for this purpose alone.  Apple Country Transportation would like to begin a deviated fixed route which would start up in September of this year and run 6 am until 8 am and then again from 4 p.m. until 6 p.m. for anyone needing to get to work or other places of business throughout the day.  This fixed route would start and end in the county.  This service would be provided with the newly awarded 24 passenger bus from the Department of Transportation to Western Carolina Community Action, Inc.   This service would run for a period of 6 months with the remaining 6 months funding sought out from local government.  The cost to run this service would be approximately $27,750 for six months which includes driver time, insurance on the bus, maintenance, gas, bus stop signs, advertising and administrative costs. 


This deviated fixed bus route plan is to be done on a trial basis for 6 months.  Following much discussion, Javonni suggested that the bus could be run 2 hours per day for 12 months instead of the planned 4 hours per day for 6 months.  She was willing to be flexible with the plan, she was open to input, stating that it is up to the County how the bus will be used.  Javonni will continue to meet with the Advisory Board to work on this plan and keep the Board updated on the progress of the development of the plan. The Board had a number of unanswered questions.


Public Input

1. Paul Stepp - Mr. Stepp stated that we=ve been exploring public transportation for over five years.  It has taken three Directors at Apple Country Transportation to come up with one that has a vision for expanding Apple Country=s services.  They are considered by the State to be our public transit  provider.  We have a bus now and he suggested a year trial, thinking a good year trial would be best.

The bus routes have to be worked out.


2. Karn Smith - Ms. Smith is the Executive Director of the Council on Aging.  She has sent a letter to Javonni regarding EDTAP funding.  It appears that the monies were not spent last year.  This was very surprising to her because there are so many needs in this County for elderly and disabled transportation that she could not conceive of a reason why we would not use that funding for that purpose.   Ms. Smith just recently found out that those funds can be used for reimbursing people for mileage for transportation.  She stated that we need to spend that money, that is dedicated for elderly and disabled transportation, on elderly and disabled transportation for those people she feels are underserved in our County.


Chairman Moyer asked if the Board needed to take any action.  Mr. Nicholson explained that the Board needs to approve the filing of the application which has to be in Raleigh soon. At this point in time the Board would be approving the allocation of funds.


There was very much discussion regarding the use of the funds.  Partly because all counties will have the ability to transfer WorkFirst funds to be used to provide Rural General Public transportation services or to provide transportation services to the elderly and disabled (EDTAP), the Board recommended the following change in allocation of the funds:


EDTAP                                   $55,000

WorkFirst                                  10,482

Rural General Public                33,173

Total =            $98,655


Javonni was in agreement, feeling that might be a more workable allocation plan.  


Chairman Moyer made the motion to approve the allocation just recommended by the Board, allowing more flexibility.  All voted in favor and the motion carried.


Commissioner Hawkins made the motion to close the public hearing.  All voted in favor and the motion carried.


LETTER FROM VILLAGE OF FLAT ROCK - add-on by Commissioner Gordon

Chairman Moyer stated that he was not sure that all the Board had received a copy of this letter and apologized if they had not.


Commissioner Gordon had received a copy of a letter yesterday from Mayor Hicks concerning a meeting Flat Rock Village Council had last Thursday night.  Commissioners Moyer and Gordon attended that meeting.  The issue of County Zoning on Hwy. # 25 corridor was discussed.  The result of the discussions was a request from the Village of Flat Rock for a continuation of re-evaluating the land use and zoning on that particular corridor.  They have asked to be included in that discussion with our Planning Board and any other interested parties and they=ve also asked that the Board make a commitment to hold off on any other zoning decisions until there is an opportunity for that study to be done up to a period of five months.  The 5 months came about because we=re talking about a very small area and don=t anticipate this to be a major project for the Planning Board.  Some citizens are already working on ideas for this area.


She requested that the Board of Commissioners approve the request to have this area reviewed and agree to the 5 month period for review of that area, see if we can come up with something that everyone can agree on for all the parcels on that corridor.


Chairman Moyer stated that further discussions with Mayor Hicks became more specific, asking that the review be along South Hwy. #25 but only 300 feet back off the road. Mr. Moyer expressed to Mayor Hicks that the Board would be willing to sit down and talk with them, no guarantee, they both recognize that whatever they would come up with would come back to the Board of Commissioners and back to the Flat Rock Council and either Board could say no we don=t want to go further.


There was much discussion. Chairman Moyer stated that the issue is that the Board of Commissioners would not look to rezone any properties that are in this corridor for a period of up to five months.


Angela Beeker informed the Board AYou as a  Board cannot legally commit yourself by agreement to such a freeze because it=s a matter of exercising your governmental powers and you can=t contract away that discretion.  The only way that you could legally obligate yourself to actually freeze considering zoning applications or rezoning applications as they would come up would be through the exercise of a moratorium which then would require a public hearing, blah, blah, blah.  Until you would enact such a moratorium the Planning Department and the Planning Board are going to be obligated to bring forward applications in accordance with the time limits that are currently in place in the Zoning Ordinance.  So I think that the most that you can tell Flat Rock is that you understand what=s trying to be accomplished but you=ll have to consider them on a case by case basis as they come up, you agree on principle with everything that they=re trying to accomplish.  So that=s just - those are some general comments that I have.@


Chairman Moyer stated that he felt that the Board could indicate to the Planning Board that if somebody comes in tell them we are studying this area and we would prefer that any application for rezoning be held off.  I think most people will work with us.


Angela Beeker asked AFor clarification, with this study, are you talking about just identifying - like - similar to the Mills River except we=re doing it on parcel by parcel.@


Mr. Moyer answered ANo, this would be parcel specific.@


Angela Beeker - AIt=s parcel specific but you=re not gonna actually be picking out zoning classifications at this time, or are you?@


Chariman Moyer - AWe may well.@


Angela Beeker - ABecause the reason I ask is then which zoning district should be used, the ones that are currently in the ordinance or proposed in the rewrite is a question that I think Planning Staff has and then would this just become a part of the County Plan like Mills River is going to be.@


Chairman Moyer - AI would certainly hope so. That=s the intent but I think if you take it step by step like we did in Mills River you would identify what would be commercial, what would be whatever and if everything works out and we=ve finished our Zoning Ordinance by then, then we can put the  labels on just like we did on Mills River.@


Following discussions, Commissioner Gordon made the motion that the Board direct the Planning Board, to request the participation of  Flat Rock and the City of Hendersonville, to study the current County Zoning on the Hwy. #25 corridor between Hendersonville and Flat Rock with the parameter of 300 feet on each side of the road and that we would like to have that done within no more than a 5 month timeframe and within the legal restraints placed upon the Board of Commissioners they will try to avoid taking any action with respect to rezoning of the area during that 5 month period.  A vote was taken and the motion carried unanimously.


Chairman Moyer stated he would call Mayor Niehoff and explain the Board=s action today. 


Karen asked for clarification.  Chairman Moyer explained AI would like initially that we will send a letter to the Mayors, both Mayors indicating the action we=ve done - that we recommend that this in accordance with the motion be done through the Planning Boards and see what their comments back and then we can start the process.  We=ll send a letter as to what the parameters will be {to the Planning Board}@.



Chairman Moyer stated that there were at least four dates the Board needed to set:


Comprehensive County Plan Workshop - The Board set this for July 5 at 3:00 p.m. to meet with the Comprehensive County Plan Steering Committee.


Solid Waste Workshop - The Board set that for July 26 @ 3:00 p.m.


Zoning Ordinance Rewrite Workshop - The Board set that for July 11 at 9:00 a.m.


Budget Workshop - The Board decided not to adjourn this meeting but to continue it to June 21 at 2:00 p.m. for the purpose of a Budget Workshop.


Land Use - Setting Priorities (Open Use) - The Board set this for July 10 at 4:00 p.m.


Request for Public Hearing for new road names

Chairman Moyer made the motion to set that public hearing for July 2 at 7:00 p.m.  All voted in favor and the motion carried.


Set Public Input Session on Proposed Abandonment of Portion of Macedonia Church Road

(SR #1835) Bobby A. Johnson & L. D. Pace, Petitioners

Chairman Moyer made the motion to set the Public Input Session for July 2 at 7:00 p.m.  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.  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:


Bobby W. Finley v. Henderson County; Commissioners, Sheriff and Jail

(US District Court, Western District, Asheville Division, 1:01CV86-MU-1)


Henderson County et al. Vs. Asheville-Buncombe-Henderson Water Authority,

et al. (Henderson County, 01-CVS-344)


American Woodland Industries, Inc., et al. vs. Muriel Offerman,

Secretary of Revenue, State of North Carolina, and all 100 counties

(including Henderson County) (Wake County, 01-CV-002978)


Commissioner Hawkins made the motion to adjourn closed session at approx. 1:00 p.m.  All voted in favor and the motion carried.


Commissioner Hawkins made the motion to continue this meeting to tomorrow, June 22 at 2:00 p.m. for the purpose of a Budget Workshop.  All voted in favor and the motion carried.






Elizabeth W. Corn, Clerk to the Board                       


William L. Moyer, Chairman