STATE OF NORTH CAROLINA                                            BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                  APRIL 1, 2002


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, County Manager David E. Nicholson, 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, Finance Director J. Carey McLelland, and Public Information Officer Chris S. Coulson.  Deputy Clerk to the Board/Volunteer Coordinator Amy Brantley was present through ANominations@.



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



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



David Nicholson gave the invocation.



Chairman Moyer requested one item be added before the Consent Agenda - an Economic Development item.


Chairman Moyer recognized Commissioner Gordon who requested that one item be added - Mills River Incorporation study. This was added as AA@ under Discussion Items.


David Nicholson requested one item be added - Increase in the National Medicaid Reimbursement Schedule.  This was added to the consent agenda as item AJ@.


Commissioner Ward requested two items be added to the agenda for staff comment and Board discussion - a letter from Mediacom and a letter from Dr. David Sink of Blue Ridge Community College.  They were added under Discussion Items as AB@ and AC@ respectively.


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





Economic Development Item

Commissioner Messer recognized Bob Williford of the Hendersonville Chamber of Commerce and Tony Hartman, Human Resource Manager with General Electric Lighting.


Bob Williford, President of the Greater Hendersonville Chamber of Commerce, was present on behalf of the Committee of 100.  He asked that the Board of Commissioners set a public hearing date to consider offering incentives for General Electric Lighting Systems, the facility in Henderson County.  The incentives are tied to a proposal to move a manufacturing line from a G.E. Lighting facility in Mexico to our local facility.  If successful, it will retain jobs in Henderson County and will help G.E., a long time contributor to our local economy, the local non-profit organizations, and to our local tax base. Working with local industry to maintain or add jobs and to increase investment in our community is the #1 job of our economic development partnership. 


Tony Hartman requested consideration for a hearing for local incentives under the County=s economic development program.  This project would help facilitate the investment of over $2 million into our East Flat Rock facility.  G.E. Lighting Systems has been a part of Henderson County since 1955.  G.E. Lighting Systems has a strong commitment to this community.  Their current annual payroll is in excess of $30 million. Their employment at the East Flat Rock facility is currently approximately 800.


He then spoke specifically to the project they are seeking economic incentives for.  They would be dissolving a joint venture in Monterey, Mexico.  The partnership manufactured lighting systems roadway product line.  After a careful evaluation of the operations, they have identified the East Flat Rock facility as a likely location to bring the roadway product line assembly back to.  There are some operations they will not bring back to the East Flat Rock facility in order to maintain competitiveness.  The coil winding operation that was in the joint venture in Monterey will be moving to a G.E. Lighting Plant in Mexico. They are evaluating the current coil winding project at the East Flat Rock facility.  They need to make it more competitive or consider moving it to the parent company=s plant in Acuna, Mexico.  They have committed to their employees that they will investigate making this area of the plant a more competitive area and have begun to meet with employees to do so.  So far, employees have come up with 67 ideas.  Each of these ideas will be evaluated as they must remain competitive.


Mr. Hartman stated that to facilitate the move into the East Flat Rock facility, they are prepared to spend in excess of $2 million in new production line equipment and tooling for the roadway line.  These announcements were made contingent upon local incentives.  They will not be adding additional jobs but will absorb this new work into the current workforce.



Chairman Moyer pulled the two Proclamations in the consent agenda for comment.


David Nicholson requested an item be added to the Consent Agenda - ANew National Medicare Ambulance Fee Schedule - Rural Mileage Rate@. This was added as AJ@.


Chairman Moyer made the motion for the Board to approve the revised consent agenda (except for AH@ and AI@.  All voted in favor and the motion carried.


The Consent Agenda consisted of the following:

Tax Collector=s Report

Terry Lyda, Henderson County Tax Collector, had provided the Tax Collector=s Report dated March 27 for the Board=s information.


Tax Refunds

A list of 7 tax refund requests were submitted for approval by the Board of Commissioners.


October Ridge Variance - Draft Order

On March 21, 2002, the Board of Commissioners considered an application for a variance submitted by John Free concerning October Ridge, a development off Bob=s Creek Extension (SR #1104) in Henderson County.  This application requested a shoulder width variance on a portion of a private subdivision road known as Langwood Drive.


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 with certain conditions.


The Board directed Staff to prepare a proposed order, with findings of fact and conclusions of law, consistent with the information presented and with the Board=s discussion and voted to approve the variance.  The proposed order was distributed to the Board for review and consideration. 


Staff requested the Board adopt the Order as presented or as the Board might wish to revise.


Broadpointe Property Lease Proposal

At the February 20, 2002 meeting, the lease for property adjacent to Broadpointe Center was awarded to Allan Henderson based on the highest lease proposal of $2,912.00 annually.  Since that time, Mr. Henderson has since made the County aware that he no longer wishes to lease the property and would like to withdraw his lease proposal.  Mr. Wayne Carland had also proposed leasing the property, at a lower amount of $1,834.00 annually.


County Staff had spoken with Mr. Carland, who stated that he still wishes to lease the subject property at the originally proposed annual lease of $1,834.00.  The County Manager recommended the Board cancel the lease agreement with Mr. Henderson and award the lease to Mr. Carland at $1,834.00.


Financial Report - February 2002

Cash Balance Report - February 2002

These reports were presented for information.  Consent approval was requested.


Non-departmental expenditures in the General Fund include 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 fiscal year-end.


The negative position in the Schools Capital Reserve Fund was created from the appropriated transfer of $1.2 million in October to the School Capital Projects Fund for the Fletcher Elementary School Project.  On February 28th, the Schools Capital Reserve Fund had a positive fund balance of $961,788.26 subsequent to this transfer.


The negative position in the Emergency Communications Fund was due to the November annual payment ($122,277.61) made to Motorola for the lease of emergency communications equipment.  Also, due to aging battery failures occurring, a total battery replacement of the Uninterruptable Power Supply (UPS) System in the Emergency Communications Center became necessary in February.  The encumbered cost of this replacement was $35,124.  However, the fund still had a positive fund balance of $21,747.99 as of February 28th after the Motorola payment and UPS System battery replacement.


Henderson County Public Schools Financial Report - February 2002

The Schools February Financial Report was presented for information and consent approval by the Board.


Request for Extension of Improvement Guarantee for Bridge in Oleta Falls

On September 10, 2001, the Board of Commissioners granted approval for Waterside Properties, LLC, to post an irrevocable letter of credit in the amount of $225,519.70 to guarantee construction of a covered bridge over the Little Hungry River, between sections 1 and 2 of Oleta Falls.  The Performance Guarantee Agreement for the improvement guarantee required that Waterside Properties complete the improvements by March 31, 2002.  The expiration date on the letter of credit by Waterside Properties from Branch Banking and Trust Company is June 30, 2002.


Mr. A. J. Ball, Agent for Waterside Properties, LLC, had submitted a letter informing the Planning Director that Waterside Properties will not be able to construct the covered bridge prior to the March 31, 2002 completion date.  According to Mr. Ball=s letter, design and engineering issues regarding the bridge as well as a proposed variance request for the bridge (which was later withdrawn), have led to the delay in construction.  Mr. Ball had requested that the completion date for the bridge be extended from March 31, 2002 to June 30, 2003.


Section 170-39 of the Subdivision Ordinance allows the Board of Commissioners, upon proof of difficulty, to grant an extension of a completion date for improvements for up to one additional year, provided that the time between initiation and completion of the improvements does not exceed two years.  If the Board of Commissioners grants the extension as requested by Waterside Properties, LLC, the time period between execution of the original Performance Guarantee Agreement on October 23, 2001 and the proposed completion date of June 30, 2003, will be within the two-year maximum.  Mr. Ball had submitted the revised construction drawings for the bridge referenced in his letter.  Such plans show that the bridge will be somewhat smaller than was originally planned.  For example, the new plan shows a 25-foot, 2-span trestle on either end of the bridge while the original plan called for 50-foot, 4-span trestles.  The original plan proposed 3-foot wide walkways on either side of the bridge travelway.  The new plan removes the walkways.  The travelway of the bridge, as shown on the new plan, is one inch wider than that shown on the original bridge plan.  The revised bridge plans as well as a plan showing the curb and gutter approach and taper submitted to the Planning Department on March 18, 2002, appear to meet the requirements of the Henderson County Subdivision Ordinance as well as the conditions imposed by the Planning Board at the time of Development Plan approval.  Mr. Ball had submitted a revised cost estimate of $175,964.00 that reflects the changes in the design of the bridge.  Such new estimate is $4,451.60 less than the estimate used for the improvement guarantee for the bridge previously approved by the Board of Commissioners.  Therefore, in addition to the request for an extension of the completion date of the improvement guarantee, Waterside Properties would like the Board of Commissioners to reduce the amount of the improvement guarantee for the bridge.  Including the required 25% contingency amount, the new amount of the improvement guarantee, if approved, would be $219,955.00, which  is $5,564.70 less than the amount of the letter of credit that has been posted for the bridge construction project.


A draft Performance Guarantee Agreement, which reflects the new completion date requested by Waterside Properties, LLC, as well as a reduction in the amount of the improvement guarantee, was presented for Board review.  If both the extension request and the request to reduce the amount of the improvement guarantee are approved, Waterside Properties must submit an amended letter of credit reflecting the new amount and having an expiration date of no less than 60 days after the new completion date.  The Assistant County Attorney must review the amended letter of credit and certify the Agreement as to form prior to its execution by the Chairman of the Board of Commissioners and Waterside Properties.


County Manager=s Recommendation

This is the first extension request for the bridge construction project and the extension, if granted, would not cause the developer to exceed the two-year maximum time period for completion of the required improvements.  Therefore, he recommended that the Board approve the request to extend the completion date for the improvement guarantee for the bridge in Oleta Falls to June 30, 2003, and that the Board allow the amount of the improvement guarantee to be reduced to $219,955.00, subject to the developer submitting an amended letter of credit for the new amount that expires no less than 60 days after the new completion date and subject to the Assistant County Attorney reviewing the amended letter of credit and approving it as to form.


New National Medicare Ambulance Fee Schedule - Rural Mileage Rate - add-on by David Nicholson

A new national ambulance fee schedule from Medicare is set to begin its five-year phase-in on April 1, 2002.  A special congressional provision that provides North Carolina with immediate implementation of full in-county mileage begins April 1st as well.  The new mileage rates are $5.47 per mile for counties within a metropolitan statistical area (MSA) and $8.21 per mile for rural counties not in an MSA.  Henderson County is considered a rural county and would be able to charge the $8.21 per mile rate.  The county=s current fee schedule is set at $7.50 per mile.  The County=s EMS fee schedule must equal or exceed Medicare=s fee schedule including fees set for mileage.  The County=s trip rate of $375 currently exceeds the rates set under the new ambulance fee schedule and would not need to be changed at this time.


This request was for the Board to consider increasing the County=s EMS fee schedule for mileage from $7.50 per mile to $8.21 per mile to be equal to the rural county rate under the new national Medicare ambulance fee schedule effective April 1, 2002.


Chairman Moyer then asked for comment on the two proclamations. 


Proclamation - Litter Sweep 2002

The weeks of April 15-28 have been designated as ALitter Sweep@ in North Carolina.  All citizens are encouraged to take an active role in making their communities cleaner and more beautiful by picking up litter along roadsides.


Because the Environmental Advisory Committee was charged with addressing litter in the county, they respectfully requested that the Board support the Governor=s Proclamation and encourage citizens of Henderson County to participate in the Adopt-A-Highway program by contacting the Department of Transportation Maintenance Department (693-9553) to reserve cleanup supplies and arrange for pickup of orange litter bags.


As a part of this effort, Mr. Nicholson suggested that the County write a letter to the organizations thanking them for participating in this effort.


Chairman Moyer read portions of the Proclamation.  A copy of the proclamation is included as a part of these minutes.


Proclamation - National Nurse=s Week

Commissioner Hawkins read portions of the Proclamation, a copy of which is attached as a part of these minutes.  The Proclamation commends nurses for their dedication and willingness to be present and forever steadfast in maintaining the light to shine on others who so desperately need help, but may not always be in a position to offer thanks and appreciation.  The Proclamation declared May 6-12 a celebration of nursing in Henderson County.


Chairman Moyer made the motion to approve items AH@ and AI@.  All voted in favor and the motion carried.



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


1. Equalization and Review - 1 vac.

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

2. Juvenile Crime Prevention Council - 3 vac.

The District Attorney=s office had submitted a candidate for position # 4, Athena Brooks.

Commissioner Messer made the motion to suspend the rules and appoint Athena Brooks to position # 4.  All voted in favor and the motion carried.


3. Henderson County Board of Health - 2 vac.

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


4. Nursing/Adult Care Community Advisory Committee - 5 vac.

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


5. Western Carolina Community Action - 1 vac.

Commissioner Gordon nominated Madeline Royes.  Commissioner Gordon made the motion to suspend the rules and appoint Madeline Royes by acclamation.  All voted in favor and the motion carried. 


6. Community Child Protection Team - 1 vac.

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


7. Planning Board, Henderson County - 4 vac.

Commissioner Hawkins nominated Leon Allison, Corbin Williams, and Larry Blair.

Commissioner Ward nominated Paul Patterson and Tedd Pearce.

Chairman Moyer nominated Kevin Keefe.


A vote will be taken at the next meeting.  The floor remains open for further nominations.


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

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


9. Zoning Board of Adjustment, Fletcher - 1 vac.

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


WCCA - Community Services Block Grant

Western Carolina Community Action is applying for the continuation of the Community Service Block Grant.  They receive these funds annually based on a five-year application cycle from the Department of Health and Human Services= Office of Economic Opportunity. 


David White from WCCA was present to answer any questions.  David distributed two hand-outs.  I did not receive a copy of either.


Mr. White addressed briefly the Community Services Block Grant which helps support several programs aimed at pulling families out of poverty including the Employment Plus Program, Individual Development Accounts Program, and the Garden Program.


Employment Plus Program has had a lot of success over the years in placing folks into jobs, pulling them above the poverty line. 


Individual Development Accounts Program - Pat Malinak is our Henderson County (she was present) Supervisor for the Block Grant and was instrumental in submitting grants to the Federal Government for this program.  We have received those grants and have been funded. It is the first Individual Development Account Program in Henderson and Transylvania Counties.  Families have been selected to participate in this program.     Pat Malinak came forward, informing the Board that we have had the Block Grant since 1982.  This is the fourth year of a five year cycle of goals.  The contract speaks of the intake and referral of 1,000 persons per year.  Last year they saw 3,837 people so they are over target.  They committed to help 375 unemployed persons (over 5 years) to maintain a job for 90 days.  Last year they helped 80 persons keep a job for 90 days.  Of that the contract allows them to keep up to 25 persons for a year in attempts to help them maintain a stable job.  They went over contract again with 29 persons.  45 persons were raised above the poverty level last year. The Individual Development Accounts have enabled four families to open their first savings account to buy either a house, start a business, or go further in their education.  These four families represent nine children.


Chairman Moyer made the motion to approve the filing for continuation of the WCCA Community Services Block Grant.  All voted in favor and the motion carried.



At the Board=s March 11, 2002 meeting, a quasi-judicial proceeding was concluded to consider the granting of a development vested right for the final phase of Lakewood RV Resort.  At that meeting, the Board voted to adopt an ordinance to grant the vested right and directed that a written ordinance, consistent therewith, be brought back for approval by the Board.


Presented for the Board=s consideration was an Ordinance to Grant a Development Vested Right for the final phase of Lakewood RV Resort.


Angela Beeker reviewed the proposed Ordinance with the Board as well as proposed revisions to that Ordinance.  She also reviewed and discussed briefly the exhibits attached to the Ordinance. 



AJ@ needs to be modified to read (fifth line) Ahowever Drive 1 and Drive 2 as shown on the Plan would be insufficient to accommodate the typical response to a medical emergency ...@


AK@ needs to be modified accordingly, deleting Aand Drive 3" in three places.


There was evidence for fire suppression services about a pond and a pool - on page 3 under AI@ delete Aof approximately gallons@


The motion to approve contained five conditions which are listed on page 5 at 3.3.  In AC@ under 3.3  the same correction about Drive 3 needed to be made deleting Aand Drive 3".


Commissioner Hawkins raised a question on page 1 about the agreement concerning the planting of the Leland Cypress Trees along the southern border of the property addressing the concerns over spray drift and noise.


Commissioner Gordon suggested that revisions be made and then sent to the Attorney and the Board approve it on the consent agenda of the next meeting. 


Ms. Beeker raised a question about the 45 day period.  The hearing was concluded on March 11.  The Board would have 45 days from March 11 to deliver a written decision.  April 17 is right on that date.  The Board has a workshop scheduled for April 11.  She asked if the Board would like to add this issue to that agenda.  It was the consensus of the Board to do so. 


Commissioner Hawkins made the motion to accept the Ordinance with the changes as indicated.


There continued to be discussion of the Ordinance.  Chairman Moyer raised a question about B2 on page 1 concerning the Leland Cypress Trees and addressing the concerns over spray drift and noise.  The minutes from that meeting will be verbatim because it was a quasi-judicial proceeding.  Commissioner Hawkins asked Ms. Beeker to check the record on this issue. 


Chairman Moyer asked that this issue then be brought back to the Board on Thursday, April 4 at the meeting  at 4:00.  The Board will take care of it first thing.  He asked Ms. Beeker to check the question raised and get a revised draft to the Board for Thursday.



Update on E-Communities Program

David Nicholson stated that the E-Communities Committee has been meeting monthly.  Henderson County received a $10,000 planning grant from the Rural Internet Access Authority.  Henderson County is putting no money into this and neither is North Carolina.  The Public Schools are involved as well as the Community College, Louis Williams & Sons, Pardee Hospital, and BellSouth.  There are also representatives from the Churches, the Chamber of Commerce, Town of Fletcher, and non-profits. 


The Committee is working with a consultant, John Howell. He is assisting in writing the plan.  The deadline has been extended for writing the plan, to the end of May (additional 30 days). 


Mr. Nicholson stated that the Committee has now met four times.  The last meeting was spent reviewing the surveys that were inserted into the newspaper.  They received a large number of the surveys back.  The surveys cover a wide range - from people who don=t want a computer and feel that a computer is of the devil to people wanting to know if there is a place where they can purchase a used computer because they can=t afford a new one.  The Committee will take the surveys and do a community profile about Internet access.  They will then develop a strategic plan that looks at our needs in the future.  Mr. Nicholson stated that they are now eligible for an implementation grant up to $50,000.  The Biltmore Institute is working on something along this line as is the Western Education Consortium working with Congressman Taylor.  One of the Committee=s goals is to try to get all the people working on something like this in the same room, to make sure everyone is working together. 


Mr. Nicholson stated that the next Committee meeting is the third Friday of this month and at that meeting they will view the first draft of the plan.  They will get a hard copy and an electronic copy which will be put up on our website.  The Board should see this sometime in May.


MILLS RIVER - this was an add-on

Chairman Moyer asked Commissioner Gordon to update the Board on the Mills River Incorporation and the study going on. 


Commissioner Gordon stated that Mills River is studying the issue of Incorporation and they have formed some subcommittees to look at details of what might be involved.  She had talked with some of the members of those groups and had been asked to help them get some accurate information to use in the decision making process.  Mr. Nicholson and she were asked to attend a subcommittee meeting April 25 to go over issues that would be relevant with County Government such as what would county government continue to do and what would become municipal services for Mills River.  She stated that she would be glad to take any Board input to the up-coming meeting.


Chairman Moyer asked if the Board wished to take a position on the Mills River Incorporation issue? Following discussion, it was the consensus of the Board to not take a position at this time but to help them get good information to make their decision on. 


Mr. Nicholson suggested making the Commissioners copies of the Incorporation Statutes.  They have changed since Flat Rock incorporated. He stated that there is a financial issue and there is an administrative issue of the enforcement of county ordinances within municipalities. 



There was none.


MEDIACOM - this was an add-on

Commissioner Ward discussed a letter the Board had received from Mediacom.  Apparently the letter had gone out to all the commercial establishments in Hendersonville.  The letter read AIt was brought to our attention that your cable television account has been billed at the family residential rate while at the location of a place of business.@   He wondered how a company could make a mistake like that.  It also read AWe will bill you at a commercial cable rate for accounts not at residences@.  Mr. Ward stated that his biggest concern was that the commercial rate for basic cable is $52.00 a month with a rate of $16.00 per month for any additional television.  He had received calls from places like Lowes, Home Depot, Rexs, companies that might have 25 televisions and would be assessed $16.00 for each television. 


Commissioner Hawkins suggested sending a letter to Mediacom asking them for a clarification about when this got started.  He had received several calls also. 


Commissioner Messer suggested asking about the impact if a business bought the whole package, including Internet connection.


Chairman Moyer stated that the Board would send a letter requesting a clarification.  He asked Ms. Beeker to inform the Board of their ability with respect to rates.


Ms. Beeker reminded the Board that they can regulate broadcast basic.  She raised one question - AWhat do you mean by basic.  Is that the broadcast basic that you=re charging $52.00 for or is it what would be considered family basic on a residential bill?@  To regulate you have to show that they are not subject to effective competition.  There is a test to determine whether they are subject to effective competition.  Her guess was that they are not here in Henderson County because the other Cable Company is so small. If they are not subject to effective competition already, then you just file a paper with the FCC to say you want to be a rate regulator.


There was some discussion regarding dish companies offering competition.


BRCC LETTER - this was an add-on

Chairman Moyer reminded the Board that at an earlier meeting the Board raised a concern with respect to the baseball field that is being proposed by Blue Ridge Community College, as to what the impact might be on the budget, particularly in light of our budget situation for the year.  A letter was sent to the Community College.  A response was received from Dr. Sink, stating that the grant to them covers all capital and all operating costs and there would be no effect on the budget.


Commissioner Ward stated that his concern was that the letter stated that the construction and maintenance costs will be covered with private funds but it doesn=t state a term.  Dr. Sink could leave or retire and he wondered about the Board=s obligation under NC State Statutes to fund maintenance when a new Dean comes in or a new Board of Commissioners. 


Chairman Moyer stated that the amount of the grant produced sufficient capital and, with investment, income from the trust to pay for all anticipated operating expense in the future. 


Ms. Beeker was requested to review the Statute in question.  He asked her if there were any other steps the Board should take to protect the Board so that we are very clear in the future regarding the Board=s responsibilities. 



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 claim:


Henderson County and Cane Creek Water and Sewer District v.

Asheville-Buncombe-Henderson Water Authority; Buncombe County

and City of Asheville [Henderson Co. File No. 01-CVS-344]


All voted in favor and the motion carried.


PUBLIC HEARING on the Closeout of CDBG (Community Development Block Grant)

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


Kate O=Hara stated that this is the final hearing for the close-out of the community development block grant project for Grove Hills Housing Development.  She stated that this was a wonderful project undertaken by Henderson County Habitat for Humanity with cooperation and assistance from Henderson County.  The total amount of funding expended for the project was $167,018.  This money was used for the infrastructure for development of eighteen homes which are either occupied or will be occupied by households that are low to moderate income.  The project is located in East Flat Rock.  The grant was broken down into street improvements in the amount of $78,419, flood and drainage facilities in the amount of $5,198, and water improvements in the amount of $51,900. There was planning and administration money in that also. 


Kate O=Hara introduced Malcolm McCormack who came forward to give a brief history of the project. Mr. McCormack stated that they were required to construct 15 homes in the grant timeframe but actually constructed 18 homes.  The 18th home is just being occupied this month.   He felt this was a very successful project.  The funds were utilized to put in the roads, streets, the water and the underground electric.  This grant must be closed out before they can apply for another one. 


Mr. McCormack stated that they have recently purchased some land, almost adjacent to the new Clear Creek Elementary School off Stepp Road.  They plan to put about 50 homes on 32 acres in that vicinity over a number of years.  They need a CDBG grant to help with the infrastructure.  They have the capacity to build about 8 homes a year.  If they don=t get grant funds to help with the large amount of infrastructure they will have to slow that build rate down significantly.  They plan to put this grant together with Land of Sky.  Habitat is dealing with incomes in the 30-50% of median income and they place families on the tax roles that would not otherwise be there.  They offer 0% mortgage interest to allow the families with such low income to move into homes. 


Public Input

There was none.


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


Kate O=Hara informed the Board that the State is not accepting applications for the housing development program, they are all tied up in the scattered site rehabilitation.  She stated that it would be awhile before moving along into the next project with Habitat.  It might be late this year or early 2003 before accepting applications. 


Chairman Moyer congratulated Habitat on the completion of this project and for bringing affordable housing to the people in our community who need it most.


PUBLIC HEARING - Rezoning Application #R-01-02 (RC to R-20)

Tracy & Gregory Garland, Applicants

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


Josh Freeman reminded the Board that the Henderson County Board of Commissioners scheduled for this date a public hearing on Rezoning Application #R-01-02, which seeks to rezone a 0.91 acre parcel of land from RC (Rural Conservation) to R-20 (Low-Density Residential).  The Subject Parcel of Rezoning Application #R-01-02 (Parcel Number 00967238592855) belongs to Tracy and Gregory Garland, and is located along Souther Road just south of the Town of Fletcher (see Attachment 1: Site Map).  The Henderson County Planning Board initiated Application #R-01-02 at its February 19, 2002 meeting in order to remedy an omission associated with Rezoning Application #R-06-01, which was approved by the Henderson County Board of Commissioners on January 7, 2002.  The Subject Parcel of Application #R-01-02 was originally included as one of several Subject Parcels in Rezoning Application #R-06-01.  However, the Subject Parcel was inadvertently dropped from consideration with Application #R-06-01, and was subsequently not considered for rezoning at the January 7, 2002 Public Hearing regarding Application #R-06-01, at which time the other Subject Parcels of Application #R-06-01 were rezoned from RC to R-20.


At its meeting on February 19, 2002, the Henderson County Planning Board initiated Rezoning Application #R-01-02 in order to remedy the aforementioned omission, and, based upon the reasoning that it applied to Rezoning Application #R-06-01, voted to send the Board of Commissioners a favorable recommendation on the request to rezone the Subject Property from RC to R-20 (Attachments 2 & 3; Planning Board Minutes Excerpt).  The Henderson County Planning Department supports this recommendation, based upon the same reasoning that it provided regarding Rezoning Application #R-06-01.  Please see Attachment 4: Rezoning Application #R-06-01 Staff Report, for further information.


In accordance with Section 200-76 of the Henderson County Zoning Ordinance and State Law, a notice of public hearing was published in the March 22, 2002 edition of the Hendersonville Times-News, and was scheduled to appear in the March 29, 2002 edition of the Hendersonville Times-News.  The Planning Department sent notices of the hearing via first class mail to the applicants and the owners of property adjacent to the Subject Property, and posted signs advertising the hearing on the Subject Property, on March 19, 2002.


Mr. Nicholson recommended that following the public hearing the Board consider the Subject Parcel (Parcel Number 00967238592855) from an RC Rural Conservation zoning district to an R-20 Low-Density Residential zoning district.  


Public Input

There was none.


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


Chairman Moyer made the motion to approve the rezoning of the subject one piece of property as stated above.  All voted in favor and the motion carried.



Change Date of a BOC meeting

Chairman Moyer had sent a memo to the Commissioners concerning a possible change of the mid May Commissioners= meeting.  Chairman Moyer and Commissioner Gordon are going to Mexico at the time of the scheduled mid-month meeting.  Following discussion. Chairman Moyer made the motion to move the mid-month (May 15) meeting to Thursday, May 23 at 9:00 a.m.  All voted in favor and the motion carried.


Request for Public Hearing on Road Names

David Nicholson informed the Board of a request to set a public hearing for the following list of road names:

Renamed Roads


Edward Capps Drive to                      Sunset Crest Lane

Myrtle Hill Lane                                 Walnut Heights Lane

Perez Lane                                           Blue Sky Lane

Martin N. Lewis Lane             Cori Drive


New Road Names


Jeans Way

Old Beddingfield Place

Lillian Laurel Lane

Hoot N Hollow Lane

Dogwood Cottage Lane

Johnson Valley Drive

Fay Lane


They proposed the hearing be set for April 17 at 11:00 a.m.


Commissioner Ward made the motion to set the public hearing for April 17 at 11:00 a.m. for here.  All voted in favor and the motion carried.                 


Economic Development Incentive - proposed action

David Nicholson asked for a motion to set a public hearing for the economic development incentives for General Electric.


Commissioner Messer made the motion to set a public hearing for 11:00 a.m. on April 17, 2002 to consider granting economic development incentives to General Electric in the amount of $40,000 to be paid over a 5 year period for the retention of jobs at their East Flat Rock plant.  All voted in favor and the motion carried.


Next Joint Facilities Meeting

Commissioner Hawkins informed the Board that the next Joint Facilities Meeting would be held on April 11 at 1:00 p.m.  It will take place at the School Board office on Fourth Ave.


There being no further business to come before the Board, Commissioner Hawkins made the motion to adjourn the meeting at 7:30 p.m.  All voted in favor and the motion carried.







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