STATE OF NORTH CAROLINA                                         BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                     NOVEMBER 5, 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.


Those present were:  Chairman Bill Moyer, Vice-Chair Marilyn Gordon, Commissioner Grady Hawkins, Commissioner Don Ward, Commissioner Charlie Messer, Assistant to the County Manager Selena Coffey, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.


Also present were: Planning Director Karen C. Smith, Assistant County Attorney Jennifer O. Jackson, Public Information Officer Chris S. Coulson, Finance Director J. Carey McLelland, Property Addressing Coordinator Curtis Griffin and Fire Marshal/Emergency Management Coordinator Rocky Hyder. Volunteer Coordinator/Deputy Clerk Amy Brantley was present through Nominations.


Absent was:  County Manager David E. Nicholson.



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



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



Commissioner Messer gave the invocation.



Chairman Moyer added the Tax Collector=s Report as item AI@ on the Consent Agenda. 


Chairman Moyer asked to add these items to Staff Reports: AD-3" - Animal control matters, AD-4" - JCPC.


Commissioner Messer asked to add one item as AD-5" - Westfeldt Park update.


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



Commissioner Hawkins asked to pull item AF@ - Waterline Extension(s) for some discussion.


Commissioner Ward asked to pull item AD@ - Henderson County Financial Report - September 2001 and Cash Balance Report - September 2001 for some discussion.

Chairman Moyer made the motion that the Board approve the Consent Agenda with the exception of the two items just pulled.  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:

June 18, 1997 (amended minutes)

December 7, 1998, special called meeting

May 27, 1999, special called meeting

September 7, 1999, regular meeting

September 6, 2001, special called meeting

September 10, 2001, regular meeting

October 1, 2001, regular meeting

October 5, 2001, special called meeting

October 11, 2001, special called meeting

October 17, 2001, regular meeting

October 23, 2001, special called meeting


Tax Releases

The list of 347 tax release requests was presented once again for approval by the Henderson County Board of Commissioners.  At the October 17 meeting the Board raised some questions about some of the releases.  Since that time, the Board=s questions have been answered.


Proposed Amendments to Section 3 of the Henderson County Planning Board Rules of Procedure Regarding Meetings

At their October 16, 2001 meeting, the Henderson County Planning Board considered an amendment to its Rules of Procedure in order to change its regular meeting date from the last Tuesday of each month to the third Tuesday of each month.  In addition, it also changed the meeting site indicated in the Rules of Procedure from the County Administration Building to the Land Development Building.  While Section 8 of its Rules of Procedure allows the Planning Board to change the Rules by a majority vote, it has been the practice in the past to send such proposed amendments to the Board of Commissioners for approval as well.  Therefore, the Planning Board voted to approve the amendments subject to approval by the Board of Commissioners. 


An excerpt from the Rules of Procedure that shows the proposed amendments was provided for the Board=s review.


The County Manager recommended that the Board of Commissioners take action to approve the amendments to the Planning Board=s Rules of Procedure as presented.



Henderson County Financial Report - September 2001

Cash Balance Report - September   - pulled from consent agenda for discussion


Henderson County Public Schools Financial Report - September 2001

This report was provided for Board information and consent approval.


Waterline Extension(s) - pulled from consent agenda for discussion


Improvement Guarantee for Highland Golf Villas

Mr. Gaston Campano, on behalf of Highland Holdings, LLC, had submitted an application for approval of an improvement guarantee for road, drainage, water and sewer improvements to serve the Highland Golf Villas Planned Unit Development.


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.  One type of permitted guarantee is an irrevocable letter of credit.


Highland Holdings, LLC, intends to post an irrevocable letter of credit to be issued by RBG Centura in the amount of $313,066,l25.00, which includes the cost of the improvements plus the required contingency amount of 25%. The application indicates that the completion date for the improvements is one year, therefore the performance agreement provides a completion date of October 31, 2002.  In addition to meeting the requirements of the Subdivision Ordinance regarding the completion of improvements, the improvement guarantee will also satisfy part of one of the conditions of approval of the Special Use Permit for the Planned Unit Development regarding improvements to serve model homes.


A draft Performance Guarantee Agreement for the current application was presented for the Board=s review.  If the request is approved, Highland Holdings, LLC, must submit the letter of credit in accordance with the terms of the Agreement.  The Assistant County Attorney must review the letter of credit and certify the Agreement as to form prior to its execution by the Chairman and the developer.


David Nicholson recommended the Board approve the request for an improvement guarantee for Highland Golf Villas subject to the Developer submitting a letter of credit in accordance with the terms of the draft Agreement and subject to the Assistant County Attorney reviewing the letter of credit.


Approval of Amendment to Library Board Bylaws

The Board was requested to approve the bylaws for the Library Board of Trustees.  They were amended to reduce the term of the trustees from six years to four years, and to add an item to their order of business entitled, A10. Board Member Comments@.


Henderson County Financial Report - September 2001

Cash Balance Report - September 2001

These two reports were presented for Board information and consent approval.  Non-departmental expenditures in the General Fund included the annual premiums paid to the NCACC Insurance Pools for the County=s Worker=s Compensation and Property/Liability Insurance coverage.  These costs will be distributed out to each of the departmental budgets prior to year-end.  Excess expenditures in the Revaluation Reserve Fund were due to 50% of the budgeted vehicle lease payments being paid in July and August.


Carey McLelland came forward to address Don=s question on the cash balance report.  Commissioner Don Ward asked for an explanation on the difference between the beginning cash balance in the general fund and the end cash balance, there was $500,000 to $1,000,000 difference and he asked where the money went, was it regular occurrences of spending?


Carey McLelland explained that the actual revenues were about $500,000 less than the total expenditures for this particular month.  There was nothing unusual about the revenues and the expenditures for the general fund.


Waterline Extension(s)

The City of Hendersonville had requested any County comments on proposed waterline extension(s). 

1.               Water line extension agreement for Triple Oak Mobile Home Park along Pace Road

This is a project to bring water service to a piece of property located approximately 2 miles east of the Hendersonville Corporate Limits on Pace Road near Edneyville, N.C.


This project requires approximately 2,800 lineal feet of 12" Ductile Iron, Class 350 water line.


Fire protection will be provided via the installation of four fire hydrants located along Pace Road with a spacing of approximately 800 feet.


Water pressure and flow in this area is as follows:

Static pressure =        95 psi.

Residual =                  50 psi.

Flow =                      770 GPM


The intended use of this line extension is to serve 25 residential mobile home sites.


The entire cost of the proposed water line extension is to be paid for by the owner/developer, Mr. Charles Nelson of Hendersonville, North Carolina.


Based on the above information, the Water Department can support the additional connections and recommends approval of the project contingent upon approval of the final plans and specifications from the Water and Sewer Department.


This project does not fully conform because the 1993 Land Use Plan did not anticipate the extension of public water to the subject area, however it also did not anticipate the extension of a waterline to other properties to the north on Pace Road.  The subject area is designated as AAgriculture@ on the future land use map in the Land Use Plan.  Part of Triple Oak Manufactured Home Park existed prior to an expansion to a total of 25 units being approved by the County in 2000.  Individual wells were proposed when the park was approved. 


Staff comments/recommendations

The flow rate is appropriate for areas with a minimal distance of 31 feet between buildings.  The project summary indicates installation of 4 hydrants, plans show 3.


2.               Mountain Valley Annex Waterline Extension

This is a project to bring water service to a piece of property located approximately 5 2 miles west of the Hendersonville Corporate Limits off Cummings Cove Road in Etowah, NC and just outside the entrance of Mountain Valley Subdivision.


The project requires approximately 750 lineal feet of 6" C900 PVC, DR-18.


Fire protection will be provided via the installation of one fire hydrant located on the end of the proposed 6" water line.


Water pressure and flow in this area is as follows:

Static pressure =           120 psi.

Residual =                       70 psi.

Flow =                        1,200 GPM


The intended use of this property is residential with 5 single-family lots proposed.


The entire cost of the proposed water line extension is to be paid for by the owner/developer, Mr. Dan Ducotte of Ducotte Construction Company of Etowah, North Carolina.


Based on the above information, the Water Department can support the additional connections and recommended approval of the project contingent upon approval of the final plans and specifications from the Water and Sewer Department.


No Staff comments/recommendations were submitted.


3.               Water line extension agreement for Rosewood Mobile Home Park along N.C. Hwy.#191

This is a project to bring water service to a piece of property located approximately 7 miles north of the Hendersonville Corporate Limits off N.C. # 191 just north of High Vista Falls.


The project requires approximately 625 lineal feet of 8" Ductile Iron water line along N.C. Hwy.#191.


Fire protection will be provided via the installation of one additional fire hydrant located on the end of the new water line.


Water pressure and flow in this area is as follows:

Static pressure =           115 psi.

Residual =                       60 psi.

Flow =                        1,000 GPM


The intended use of this line extension is to serve an existing 47 unit mobile home park and service station/convenience store.


The entire cost of the proposed water line extension is to be paid for by the owner/developer, Mr. Victor Shealy of Shecan Company located in Asheville, North Carolina.


Based on the above information, the Water Department can support the additional connections and recommended approval of the project contingent upon approval of the final plans and specifications from the Water and Sewer Department.


Staff comments/recommendations  

This waterline extension is not within the County=s jurisdiction.


Commissioner Hawkins referenced the Triple Oak Mobile Home Park waterline extension, stating  that this project does not conform with the County Land Use Plan.  AOne of the things that we continually hear from the City of Hendersonville is our lack of planning and urban sprawl and I think these kind of projects are needed, obviously there=s growth out in that part of the county that needs water service but I think that the City plays a part in their so-called urban sprawl that we deal with and I wanted to point that out that the County does have a Land Use Plan and that we do refer to it.  But more importantly the item #8 that I wanted to see if staff could give some guidance on.  The plan called for four fire hydrants or the summary indicated four but the plan only showed three . . .@


Rocky came forward to address this.  He didn=t know why there was a discrepancy in the number in the summary and on the plan but he did state that three would be appropriate for requirements.


Chairman Moyer made the motion to approve consent items AD@ and AF@ following discussion.  All voted in favor and the motion carried.


Tax Collector=s Report

Terry F. Lyda had submitted the Tax Collector=s Report dated November 1 to the Board for consent approval.


Darlene Burgess, also presented the Deputy Tax Collector=s Report dated October 30, 2001.


CHAIRMAN - Statement re: Raflatac

Chairman Moyer stated that he would like to make a few comments with respect to Raflatac and the dedication that they recently had at their plant.  It was held on the 29th of October and it was called a day of celebration.  They had a ribbon cutting at the new plant.  They had a very well put together event.  From the public=s standpoint and the Board=s he felt it was worthwhile to review some information about the plant. Chairman Moyer toured the plant on Oct. 29.

Raflatac is a premier company in it=s business, it=s called label stock.  This is Raflatac=s first North American manufacturing center.  They started in Fletcher in 1985 with three employees and with this new expansion they will have about 185 employees with 145 of those being new employees.  They have about a 240,000 square foot plant and an investment of approximately $50,000,000 so far.  This is a good clean industry that is state-of-the-art.  They pay above average wages and they have the kind of quality jobs that we need for our county.  Chairman Moyer stated that Raflatac is a perfect example of the benefits of economic development.  It takes a lot of work to get this kind of quality company into our county.  


The Secretary of Commerce, Jim Fain, was present at the ribbon cutting and spoke there.  Chairman Moyer thanked several people for their efforts in this project: Dan O=Connell, CEO for Raflatac; Scott Hamilton from the Committee of 100; and other members of the Chamber and the Committee of 100.


Mr. O=Connell spoke briefly stating that they could go up to 250 employees.  They received 3,000 resumes for 145 positions from 37 states. The Southeast is very important to Raflatac.  Mr. O=Connell stated that he feels Henderson County is in an undiscovered beautiful area for industry.  Raflatac reaches well up into Ohio and Southeastern Pennsylvania in one day service.  They serve Atlanta and down into Florida. 




The Board was notified of the following vacancies which will appear for nominations on the next agenda:


1.         Henderson County Zoning Board of Adjustment - 4 vac.

2.               Hospital Corporation Board of Directors - 3 vac.

3.               Library Board of Trustees - 1 vac.

4.               Fire Advisory Board - 3 vac.

5.               Laurel Park Zoning Board of Adjustment - 1 vac.

6.               Retired Senior Volunteer Program (RSVP) - 1 vac.

7.               Travel & Tourism Committee - 4 vac.

Commissioner Gordon stated that she would like to make a nomination for one of the open slots on the Travel & Tourism Committee and for some of the members who are eligible for reappointment. There is a retreat coming up shortly for this committee and it would help facilitate that retreat if they have a full committee membership for the retreat.


Commissioner Gordon nominated Delmar Jones and Myra Wood for reappointment and Scott Surrette for the open slot.  Scott Surrette is owner and operator of the Peddler Restaurant and also has motel/hotel operation background. 


Chairman Moyer nominated Commissioner Gordon for reappointment. 


Commissioner Hawkins made the motion to suspend the rules and appoint all four by acclamation. All voted in favor and the motion carried.


Commissioner Ward suggested that Delmar Jones be put in the designated spot vacated by Dennis Page.  All were in agreement.  Commissioner Gordon accepted that as a friendly amendment to her motion.  A vote was taken on the amended motion and it passed unanimously. 


8.               Apple Country Greenways Commission - 1 vac.

9.               Fire Commission - 3 vac.

10.            Environmental Advisory Committee - 1 vac.


Expired term letters had gone out to see if the current persons were interested in continuing to serve on their respective committee/board.



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


1.               Mountain Area Workforce Development Board - 1 vac.

2.               Equalization and Review - 2 vac.

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

4.               Juvenile Crime Prevention Council - 3 vac.

5.               Community Child Protection Team - 6 vac.


There were no nominations for any of these positions so they were all rolled to the next meeting.


With respect to the Community Child Protection Team, Chairman Moyer stressed that we do need candidates as there are several vacancies. 



Selena Coffey introduced Kate O=Hara with Land of Sky Regional Council. 


Kate O=Hara, Land of Sky, provided an update to the Board on the status of our Community Development Block Grant for the Grove Hills Subdivision.  This project has provided the infrastructure for this Habitat for Humanity housing development and Land of Sky Regional Council administered the grant.


Ms. O=Hara stated that the Grove Hills Project was a successful application by the county to DCA in 1999 in the amount of $209,270.  The Grove Hills Project is completely done with regard to the CDBG grant.  The 18th home was dedicated just last week.  The original application called for 28 homes, 15 of which were constructed during the CDBG grant implementation.  There are some funds remaining in the amount of $46,137.38, of which the funds can be reallocated. If the Board chooses to reallocate these funds, they would have to file a new application and hold a public hearing.  The project was done under budget and well within the allocated period of time. The project can be closed out.


Chairman Moyer stated that we will look for another project rather than sending the money back. Ms. O=Hara stated that there is a condition, it has to be completed by March of 2002.  She will be glad to work with the Board with whichever option they choose.


In 1990 the County adopted the Citizen Participation Plan that ensures that the public has ample opportunity to listen to and to participate in decisions being made with regard to applications to the State. It is a formal process.  The County needs to update the Henderson County Citizen Participation Plan.  A new requirement from DCA is a AResolution for Residential Anti-Displacement and Relocation Assistance Plan@ under Section 104(d) of the Housing and Community Development Act of 1974, as amended.  Basically it states that if any people are displaced from their home through a demolition project that is funded by State grant monies, that we are required to provide one for one replacement of that home.  It ensures that people can=t simply be removed from their home.  Before that is done, the County must send information to the Division of Community Assistance telling them what the activity is that is being proposed, supply maps and locations of the project and an estimated time schedule.  There also is the requirement that the homes that are being replaced hold a five year requirement for residents of low to moderate income.  You can=t simply replace them with properties that are out of reach for low to moderate incomes. 


Following discussion, Chairman Moyer made the motion to approve the AUpdate to Henderson County Citizen Participation Plan@ and the AResolution for Residential Anti-Displacement and Relocation Assistance Plan under Section 104(d) of the Housing and Community Development Act of 1974, as amended@.  All voted in favor and the motion carried.


Selena Coffey updated the Board on the 2002 CDBG Scattered Housing Grant that Henderson County is scheduled to receive next year, stating that Henderson County has been given the opportunity to provide a detailed plan for spending $400,000 on scattered site housing.  These grants enable local governments to address the most critical housing needs of families.  This is the first year of implementation of this program.  The funds are targeted to improve housing conditions of very low income families and the County would be the lead agency with the effort.  One of the requirements is that we involve all local governments within the County, if they are willing and interested in participating so a meeting has been scheduled with the local municipalities to talk about this and get their input and to find out if they are interested in participating in this program.  That meeting is scheduled for Wednesday of this week.   The County Manager went to Raleigh two weeks ago for a training on this.



Bill Blalock, Director of The Apple Country Greenways Commission presented their Master Plan to the Board.  The Plan needs approval from the governments that formed the Commission. 


Henderson County entered into an interlocal agreement with the four municipalities, specifically the City of Hendersonville, the Town of Fletcher, the Village of Flat Rock, and the Town of Laurel Park.  This interlocal agreement was to build and develop greenways throughout the five entities and to link with other counties that touch Henderson County.  The Apple Country Greenway Commission, which is a function of that interlocal agreement, is three representatives from each of the five municipalities.  That Commission has been moving forward with the stated goals and objectives at the time the interlocal agreement was signed.  One of the elements of that interlocal agreement was a statement which says under A4. Duties, responsibilities, authority, and limitations of authority - the Commission, that is the Apple Country Greenway Commission shall have the following responsibilities and duties - H. To prepare and recommend a Master Plan for Greenways in Henderson County and that is the greater Henderson County including the municipalities, however, prior to adopting a recommended Master Plan the Commission shall distribute the Plan to the participating governmental units for their review, comment, and concurrence.@  The Commission submitted that Plan approximately one month ago to all five government entities.  They are scheduled for presentations like this one in front of each governmental unit.  These presentations will extend from now through December 13, 2001. 


The Master Plan gives the historical context, it talks about the interlocal agreement, talks about the strategies (key goals), and goes into the benefits of greenways.  It talks about the conceptual routes that have been developed.  Mr. Blalock referenced a large map for the Board=s review, which was the same as the smaller map in the Master Plan.  Mr. Blalock stressed that the Master Plan contains conceptual routes.  As individual segments are identified to be developed, that is the time to work on the issue of exactly where the route will go.  The Plan also addresses maintenance, cooperative efforts toward building greenways, and how to plan greenways. 


Mr. Blalock explained the funding issue, stating that it is fairly straightforward - there is a tremendous amount of Federal and State money for the design, engineering, and construction of greenways.  With the exception of some private grants, that is the way in context that they will be built.  The Apple Country Greenways Commission currently has $233,000 and of that $93,000 came from Federal Highway Funds (known as TEA-21 and are administered by the State) and $112,000 came  from the North Carolina Parks and Recreation Trust Fund.  They also had a private grant from a Foundation, and for operational expenses they have had a grant from Steelcase Foundation. 


The Apple Country Greenway Commission adopted the Master Plan pending approval of the five municipalities.  They ran an article in the Times News.  They have distributed the Plan in the offices of all five municipalities and at the libraries in the County. They received public comments. 


There was much discussion with Mr. Blalock answering questions from the Board.


The Apple Country Greenways Commission is forming a Project Committee with the intent being to have one person from each of the five government entities and those people prioritizing what next segment of the greenways development would be done.


Following completion of a segment, the municipality which the segment is located in would have to assume ownership and maintenance of that segment of the project.  There was much discussion regarding funding possibilities. Commissioner Hawkins explained that we have a Parks & Recreation Department in the County that now has to compete with Apple Country Greenways for the North Carolina Funds. 


Commissioner Hawkins raised several issues/questions:

$                The Board has not yet seen the budget for the Apple Country Greenways Commission

$                He questioned what the regional program was

$                He expressed concern about easements combined with sewer intercepts and land purchases

$                He expressed concern about an annual allocation of local government monies

$                The concept started for greenways in the Comprehensive Land Plan in 1993.  Apple Country Greenways was chartered in November of 1999 and still needs to get funding from the municipal governments in the county just for local operating expenses.  Commissioner Hawkins expressed that they have had a long time to market their program but they don=t have a lot of support for it, certainly not the grassroots support that this Board was told was out there when we first ventured into the greenway program.

$                He spoke to one of the transportation benefits listed which was to prevent congestion on highways and streets.  He challenged the Greenway Committee that he did not think that greenways were intended nor will ever be an alternative in Henderson County to transportation on the highways.

$                Under benefit, he questioned the enhancement of the region=s culture.

$                He mentioned a conflict between some of the goals of safety.  Henderson County has had a lot of trouble with safety just in Westfeldt Park.

$                He found goals # 5 and #6 to be incompatible or conflicting.

$                He was glad that Mr. Blalock had explained TEA money.  The 20% match could be a problem.

$                A couple of years ago, Commissioner Hawkins envisioned this as being a much smaller scaled down program than what has been presented.  He envisioned one of the first tasks as being to coordinate those greenways that are being developed by the municipalities. 

$                He mentioned the maintenance costs which will be substantial. 


Commissioner Hawkins asked the Committee to take his comments and some that other Board members made and look at a more scaled down plan.


Commissioner Ward brought up the question of which took priority, road construction or a greenway, where the two would cross.  He mentioned a place in Florida where the road construction in the county had to build a bridge across the greenway because the greenway was already established. 


Mr. Blalock answered that once you file your greenway plan with the North Carolina Department

of Transportation (this has already been done for the Oklawaha Trail) and it is a recognized enhancement, it becomes a recognized enhancement project and from that point forward North Carolina DOT will make whatever accommodations they need to support the greenway out of State funds.


There was some discussion about how to mesh this Master Plan with the County Comprehensive Plan and the thoroughfare plan and the TIP project. Commissioner Gordon stated that she would like the Commission and the Comprehensive Plan Committee to really take a hard look at how this will all fit together.


Following much discussion, Chairman Moyer explained that the Board wished to take some time to review the Plan in more detail and bring it back to another meeting for action at a later time. The goal is for the Apple Country Greenways Commission to receive comment back from all the municipalities by mid-December and the Board will work toward that goal. 



1. Scott Jarvis - Mr. Jarvis is a resident of Naples.  He spoke in opposition to the Naples Railroad Crossing.  In January 2000 they had a meeting with NC DOT in Fletcher.  There were 55 people who spoke in favor of keeping the Naples crossing open.  There was no opposition at that time.  They were told by DOT that in 90 days they would have an answer as to what they would do.  The people of Naples haven=t gotten that answer and DOT keeps bringing up this issue from time to time.  


Mr. Jarvis stated that 2,000 plus vehicles use the crossing at the Naples Road presently.  They have had over 50 years without an accident between a vehicle and a train.  He stated that if you use the mileage figures provided by the IRS for the mileage at .8 mile going around for the cars, that is over a quarter of a million dollars cost to the community in a year.  Many of the community members at this time are taking pay cuts just to keep their jobs. 


Mr. Jarvis asked the Commissioners to send an updated resolve to the NC DOT and to the Citizen=s representative, Mr. Conrad Burrell, that the Naples Railroad Crossing be kept open.  The crossing is presently gated and would require no expenses if everything were left as is. 


He submitted a copy of an e-mail that was sent to the Citizen=s representative, Mr. Burrell, by the Fletcher Fire and Rescue Department concerning an incident in which the new road or the Park Ridge access road was closed and ambulances and other vehicles traveled safely and let the firefighters work in safety to put out a vehicle fire.


Board comments

Commissioner Hawkins stated that he had two conversations with Mr. Burrell and he had indicated to Commissioner Hawkins that NC DOT in Raleigh has made the decision to close the Naples crossing; however, apparently he as the Division Representative has some prerogative in whether or not it provides, in his opinion, an adequate safety margin. 


The Board of Commissioners had previously sent a letter along with a letter from the Town of Fletcher, supporting that this crossing remain open.  Commissioner Hawkins suggested that the Chairman forward another letter of the same intent so Mr. Burrell is aware of the Board=s concerns.


Commissioner Messer had contacted Mr. Burrell but had not heard back from him.  Commissioner Messer was in agreement with Commissioner Hawkins= suggestion.

Commissioner Gordon asked that this item be discussed in the televised part of the meeting, since public comments are not taped for cable viewing.


Chairman Moyer added this item to Pending Issues on the agenda.


2. Harold McKinney - Mr. McKinney also expressed opposition to the proposed closing of the Naples Railroad Crossing.  He has lived in the area 60 plus years and has never known of an accident involved in the crossing. 


Earlier today he made a personal count of the traffic from 5:50 a.m. until 8:50 a.m. and counted 272 vehicle crossings.  This is an average of about 91 per hour.  In the general area are 50 houses, four farms, approx. nine small businesses (one of them being Diamond Brand).  All these people are concerned about the handling of this railroad crossing. 


Mr. McKinney requested that the Board again express their status on this issue as a Board as quickly as possible.  He stated that the residents of the Naples area would be glad to sign a petition if that is needed to help keep this road open.


3. Eva Ritchey - Ms. Ritchey expressed her feelings against a major project that Henderson County is undertaking with tax payer dollars (The Human Services Building on Hwy. # 176). She felt that the numbers do not add up and that the County is purchasing a Awhite elephant@.   She felt the Board should have the humility to stop and say this is a mistake.  She asked the Board to reconsider this building, cut our losses, quit, and look elsewhere.


4. Dorothy Freeman - Ms. Freeman stated that come March she will have been on her farm in Naples for 50 years.  Part of her property joins SR #1669, the old Mountain San. Road, or the old Naples Road (current road name).  The other road she mentioned was SR #1534.  She asked why close the Naples interchange when it has one of the safest records in Henderson County.


She discussed the safety of the Old Naples Road versus the safety of the new road to Park Ridge.

She asked the Board to look into this proposed closing.  She opposes the Naples railroad crossing.


7:00 p.m.  PUBLIC HEARING - Road Names

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


Rocky Hyder explained that the purpose of this public hearing was to name several roads in Henderson County.  The list of the road names to be considered was as follows:


Proposed Name                                   Current Name


Double H Drive

Upper Red Oak Trail

Derby Drive (duplicate name)                        Derby Drive West

Mr. Hyder stated that they have had only positive responses to the survey that staff sent out. 


Public Input

There was none.


Chairman Moyer made the motion to approve the list of road names submitted by Mr. Hyder.  All voted in favor and the motion carried.


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


7:00 p.m. PUBLIC HEARING - Rezoning Application #R-03-01 (OU to I-2)

Hollabrook Farms, A Partnership, Applicant William Alexander, Agent

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


Josh Freeman explained that the Board of Commissioners had scheduled for this date a public hearing on an application by Hollabrook Farms, A Partnership, for a proposed amendment to the Official Zoning Map of Henderson County.  The Applicants had submitted an application requesting that the County rezone approximately 222.31 acres from OU Open Use Zoning to an I-2 General Industrial district.  The parcel proposed for rezoning is located on the southern side of Butler Bridge Road between the points where Butler Bridge crosses the French Broad River and where it intersects with I-26.


The Henderson County Planning Board reviewed the application at its meeting on Tuesday, September 25, 2001 and voted unanimously to send the Board of Commissioners a favorable recommendation on the application.


In accordance with Section 200-76 of the Henderson County Zoning Ordinance and State Law, a notice of public hearing was published in the October 24, 2001 edition of the Hendersonville Times-News, and again in the October 31, 2001 edition.  The Planning Department sent notices of the hearing via first class mail to the applicants and the owners of property adjacent to and near the subject properties on Friday, October 26, 2001.  On Monday, October 22, 2001, Planning Staff posted signs advertising the hearing on the subject property. 


Josh Freeman explained that the biggest difference between OU and I-1 is how they treat residential uses.  OU allows residential uses by right.  I-2 does not allow any residential uses at all.  Otherwise the range of allowable uses is virtually the same.  All industrial uses allowed in I-2 are also allowed in OU.  The primary difference among industrial uses is that heavier industrial uses are allowed by right in I-2 whereas OU requires conditional use permits, special use permits, or other site standards.


Planning Staff supports the recommendation of the Henderson County Planning Board.  Staff=s only concern was that approximately 50% of the property lies within the 100 year flood plain according to FEMA.

The subject property is located approximately 2 mile from the jurisdiction of the Town of Fletcher, nearest point to nearest point.  The western and southern boundaries of the subject property are shown as potential greenway corridors on the most recent draft of the Apple Country Conceptual Greenway Plan, which is a part of the draft Greenways Master Plan.  Advantage West has this property listed as an available industrial site in Western North Carolina.  The Henderson County Comprehensive Land Use Plan recommends that this area be considered for industrial uses.  The Committee of 100 of the Greater Hendersonville Chamber of Commerce has recognized this parcel as one of several in the immediate vicinity that has been identified as an industrial zone.  The subject property is approximately one mile from the Glen Marlow Elementary School. 


Public Input

1. William Alexander, Jr. - Mr. Alexander is agent for the applicant.  He stated that this use is consistent with the County Land Use Plan, stating that this is one of the few prime industrial sites on that side of Henderson County.  The ABWA waterline is over on Jeffries Road and his clients have an easement over to that line from this property.  The proposed sewerline extension is currently slated to come up through the Taproot Dairy bottoms on the other side of the river and it would be approx. 500 feet from the border of this property.  Of the 222.31 acres, about 118 to 120 acres are high ground with the balance in the flood plain.  He understands that currently there is not a flood plain protection ordinance.  By restricting this property to general industrial use, it would probably lessen the risk to the public relative to the flood plain. 


He mentioned that Myra Hollamon, one of their partners, was present at this meeting.


2. J. Michael Bobbitt, M.D., P.A. - Dr. Bobbitt asked that the Board consider forming a buffer zone next to the R-30 district.  He distributed a one page typed hand-out relevant to this request. He felt that there should be a buffer zone between residential and industrial uses.  He also spoke about the flood plain. 


Upon questioning, Dr.  Bobbitt stated that between the residential use and the industrial use would be his 50 acre piece of property (residential) plus a 30 foot wide Mud Creek.  He felt there should be more buffering than just flood plain. About 2/3 of his 50 acre piece of property is in the flood plain.


Chairman Moyer mentioned that he received a phone call today from James Macomson, who lives at 310 Wooddale Drive.  Mr. Macomson raised two concerns he asked Mr. Moyer to share with the Board:

$                the need for a transition zone between residential (R-30) district and an I-2 district

$                the amount of property in the flood plain and the possible consequence of filling that property


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


Commissioner Hawkins discussed briefly the land use immediately adjacent to the approach end of the runway at the airport.  He explained that the area where the vasilights run out and in a fan-like fashion for about one half to one mile is one of the most dangerous areas for airplane crashes around an airport.  Currently it is all in agriculture use which is good.  This piece of property is just outside that area and he felt it would be better utilized as an industrial area with a low number of people versus a high residential area


Following discussion, Chairman Moyer stated that he felt this was a prime industrial site.  There had been no protection in this area until just a couple of months ago when the Board put Open Use Zoning in the area.  He made  the motion to approve the requested zoning change.  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)(1)            To prevent disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes, in accordance with and pursuant to NCGS 143-318.10 (e) and Article II of Chapter 11 of the Henderson County Code.


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.


3.(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.



The General Assembly approved HB 381 - Mental Health System Reform Act at the close of the last session.  This legislation will require state and county governments to address both the treatment services and administration of mental health programs.


The major components of the legislation are the following:


1.         Designation of Core Services

2.         Emphasis on privatization of other services

3.         County-based programs with a minimum population of 200,000 or 5 counties

4.               No more than 20 area programs by 2007

5.               Submission of three-year business plans by counties

6.               Area Boards membership 11-25 members including 50% interest groups

7.               Area Directors appointed by counties or by authority board

8.               Financial reports must be submitted quarterly along with an annual audit must be submitted to counties.


The Department of Health and Human Services is required to develop a State Plan for Mental Health.  A draft copy of the plan is available at the County Manager=s Office and the main branch of the Public Library.  This plan must be submitted to a legislative committee by December 1, 2001. Counties must select a management option by October 2003.


David Nicholson had provided the Board a copy of the Mental Health Reform Proposal that had been developed by the County Managers from the areas served by Trend and Blue Ridge Mental Health Authorities.  This proposal would request that these two area authorities assist with the development of the required Local Business Plan.  He requested the Board=s approval to proceed with this plan


Chairman Moyer stated that he and David had some lengthy discussion on this issue and due to the fact that Mr. Nicholson was not present (he was called to a medical emergency) the Board rolled this item to the mid-month meeting.



E-Community Grants

Mr. Nicholson had received a letter from James R. Leutze, Chair, Rural Internet Access Authority

that Selena discussed with the Board.


The Rural Internet Access Authority (RIAA) announced a new funded initiative to support North Carolina communities to make the transition to a connected future.  The E-Communities Program will make awards of $10,000 in each of the 85 rural North Carolina counties that choose to undertake a Phase I E-Communities planning effort.  They were seeking our help in two ways:


First, they hope our county office will serve as fiscal agent for the E-Communities funding should our county decide to participate.  Second, they ask that we work with the RIAA staff and commission members in our region to create a local steering committee to spearhead our county=s E-Community application.  This steering committee should consist of our public library director, representatives from our local schools, community college and health-care sector, plus other Internet-savvy community leaders.  This steering committee would then identify a local E-Communities AChampion@ to be our point-of-contact with the RIAA.


The RIAA was created by the 2000 General Assembly to close the digital divide for citizens of North Carolina.  The RIAA serves as the central rural Internet access policy planning board for the state, working in concert with state, regional and local agencies and private entities to accomplish the following primary goals:

1) dial up Internet access from every telephone exchange in North Carolina (which was accomplished by July, 2001)

2)   high-speed Internet access at competitive prices to all North Carolinians by January 1, 2004

3)   development of the capacity of all citizens to utilize and benefit more fully from the Internet in all aspects of their lives. 

The E-Communities initiative is designed to help accomplish these goals. The RIAA E-Communities program was described more fully in another document which the Board received.


For the purposes of this program, E-Communities will be identified on a county basis.  The time line for the E-Communities program is aggressive, with the designated county connectivity champion(s) coming to the NC Rural Partnership Forum in Raleigh on November 29-30 for the public announcement of the E-Communities initiative and to attend an important E-Communities Leadership Training session on November 28.  The RIAA will pay for one person from our county to attend the Forum, including hotel room.


They urged Henderson County to give this initiative immediate consideration and asked that Henderson County support the objective to work with our community to develop successful connectivity efforts that are locally driven and reflective of the needs, values and relationships that define our county.  They requested response by October 15, 2001 with our intent to participate.  By November 15, they would like to have the name of the individual(s) we recommend as connectivity champion(s) for our county. 


Mr. Nicholson had suggested that Bill Snyder be named as the AChampion@ from Henderson County, to attend meetings and learn more and report back to the County Manager. 


Some discussion followed.  The Board will await more information on this subject as it becomes available.


LGCCA - Joint Planning

The AMission Statement for LGCCA=s Joint Planning Effort@ was discussed.  Chairman Moyer stated that this is a result of efforts the County representatives have been making for several years to try to get the LGCCA to focus on certain types of land use planning and discussions of the same with all the governmental representatives. This would give the county and the municipalities a chance to have input in planning issues before they are actually implemented.   The Mission Statement has been approved by the LGCCA members and they will take it to their respective Boards for possible adoption. 


Commissioner Hawkins raised his concern about the joint planning effort, stating that he hoped that this would not be the all encompassing issue for LGCCA.  Chairman Moyer assured him that it would not be.  Commissioner Hawkins also raised a question about the written records of the meetings.  Chairman Moyer explained that whichever municipality hosts the meeting is responsible for the minutes of that meeting but Henderson County is the keeper of that minute book. Commissioner Hawkins also mentioned that it has been the desire of many to film and broadcast the LGCCA meetings.  Initially the objection given was that we did not have the facilities to do so.  We now have the equipment to be able to film the meetings and all the LGCCA meetings for this year are scheduled to be in the Commissioners= Meeting Room, where that equipment is located.  Chairman Moyer stated that he would bring that up at the LGCCA again for consideration.


Animal Control matters

Commissioner Gordon took this chance to update the Board on where the Board of Health is on some animal control issues.  Some incidents recently have brought some questions about animal control to the forefront. 


Commissioner Gordon met this morning with Johnnie Mays, the Executive Director of the National Animal Control Association, the non-profit that is here evaluating our animal control program in conjunction with the redesign of the facility as well as the operational issues.  Mr. Mays will be here for the week and in several weeks we should receive a comprehensive evaluation and recommendations.  The purpose for this evaluation is to improve animal care and the animal control situation in our County. Commissioner Gordon intends to ask the Board to establish a subcommittee to look at our animal control operation.


Commissioner Messer mentioned a couple of incidents that were brought to his attention regarding animal control issues. 


Commissioner Gordon stated that we have immediate concerns and we have long range concerns.


Commissioner Ward stated that our Animal Control Ordinance is weak and needs to be rewritten.  The Board of Health is the only one who can do that.   The Ordinance falls under the jurisdiction of public health. 


Following much discussion, Chairman Moyer asked Commissioner Gordon to continue to pursue this so we can get something done as quickly as practical.



Commissioner Messer reminded the Board of a JCPC budget shortfall.  Commissioner Messer sits on the JCPC Committee.  They had a $5,000 budget cut from the State and they are hurting.  He would like to see Henderson County pick up some of this shortfall. 


There was discussion of taking the money out of the Board=s contingency fund versus finding the money in this year=s budget somewhere.


Selena Coffey understood that Trend would absorb $4,000 and Youth Development lost the other $1,000. 


Following some discussion, the Board wished to wait for an explanation from the County Manager concerning this.  They wanted the figures in front of them before making a decision. This item was rolled to tomorrow.


Westfeldt Park

Commissioner Messer reminded the Board that Westfeldt Park was closed the day after Labor Day  because of safety issues due to overgrowth at the park.  This week the Army Reserves has worked at the park and has made a lot of progress in clearing the overgrowth.  There is more work to be done before the park can be reopened.


Naples Railroad Crossing - proposed closing

There had been some informal public comments earlier in the meeting regarding the proposed Naples Railroad crossing.  Several residents of that area spoke in opposition to the proposed closing.  The Board had been under the impression that this intersection would remain open, from an earlier meeting attended by NC DOT representatives in Fletcher a year or more ago. 


It was the consensus of the Board for Chairman Moyer to send a letter to Conrad Burrell recommending keeping the road open and stressing that it is a safety issue.



The Commissioners= calendar was reviewed. There were no additional dates set.


There was some discussion about setting the next workshop on the Zoning Ordinance Rewrite. Karen Smith informed the Board that she and Angela Beeker are working on the Ordinance Rewrite at this time and plan to give the Board an update next week. 



Chairman Moyer made the motion to adjourn the regular session, to reconvene tomorrow, November 6th  at 4:30 p.m. All voted in favor and the motion carried.







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