STATE OF NORTH CAROLINA                                            BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                          AUGUST  21, 2002


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.


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, Finance Director J. Carey McLelland, Assistant to the County Manager Selena Coffey,  Fire Marshal/Emergency Management Coordinator Rocky Hyder, Tax Collector Terry Lyda, Deputy Tax Collector Darlene Burgess, Administrative Assistant Phyllis Henderson, County Assessor Eddie Mitchum, and Deputy Clerk to the Board/Volunteer Coordinator Amy Brantley.


Absent was: Public Information Officer Chris S. Coulson.



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



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



Rev. Gus Martschink, a member of the Pardee Hospital Chaplaincy Program, gave the invocation.



Chairman Moyer requested the addition of two items to the agenda:


AD@ under Staff Reports - Update on September 11 Commemorative Ceremonies in Henderson County.


AD@ under Discussion Items - Discussion of Board=s One Year Goals.


Commissioner Messer asked to add one item under Staff Reports as AE@ - Recreation Department.


Commissioner Ward asked to add one item as AE@ under Discussion Items - Blue Ridge Property Issue.


County Manager David Nicholson asked to pull item AG@ from the Consent Agenda - Revised Request for Improvement Guarantee for Portions of Oleta Falls and also asked to add one item to Staff Reports as AF@ - Update on the East Flat Rock Elementary School Project.


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



Notification of Vacancies

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


1.         Child Fatality Prevention Team - 1 vac.



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

1.               Board of 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 - 1 vac.

Commissioner Messer nominated Ms. Africa Thompson to position # 26.  Commissioner Messer made the motion to suspend the rules and appoint Ms. Thompson.  All voted in favor and the motion carried.


3.               Nursing/Adult Care Home Community Advisory Committee - 3 vac.

Commissioner Ward nominated Charlene Wade to position # 18.  He made the motion to suspend the rules and appoint Ms. Wade.  All voted in favor and the motion carried.


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

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


5.               Fletcher Zoning Board of Adjustment - 1 vac.

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


6.               Mountain Area Workforce Development Board - 1 vac.

Chairman Moyer nominated Phil Webb to position # 7.  He made the motion to suspend the rules and appoint Mr. Webb, H.R. Director of Raflatac, to the Mountain Area Workforce Development Board.  All voted in favor and the motion carried.



Chairman Moyer made the motion to approve the consent agenda with the exception of item AG@ which had been 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:

July 22, 2002, special called meeting

July 25, 2002, special called meeting

August 5, 2002, regular meeting


Tax Refunds

A list of 14 tax refund requests was presented to the Board for their review and approval.


Tax Releases

A list of 21 tax release requests was presented to the Board for their review and approval.


Petition for addition to State Road System

Road petitions were submitted to the Board for their review and acceptance to add the following roads to the State Road Maintenance System:

Butternut Trail

Bittersweet Drive

Hyde Well Drive, Tiptop Drive and Keela Court


It has been the practice of this Board to accept road petitions and forward them to NC Department of Transportation for their review.  It has also been the practice of the Board not to ask NCDOT to change the priority for roads on the paving priority list.


Tax Collector=s Report

Terry Lyda, Tax Collector, had provided the Tax Collector=s Report dated August 21 for the Board=s information.


School Board Purchase of Property

The Board of Public Education requested the Board=s approval of the purchase price for a property located at 201 Ashmore Avenue in Hendersonville, NC.  This property is adjacent to the former Balfour Elementary School.  The School Board had expressed interest in the property for several years.  It had just recently become available from the elderly owner.  The proposed purchase price is $80,000 and would come from the capital fund. 


The County Manager saw no reason for the Board not to approve the proposed purchase price suggested by the Board of Public Education for this property.


Revised Request for Improvement Guarantee for Portions of Oleta Falls - This item was pulled. No action was taken at this time.


Sheriff=s Department - Sidearm Request

A letter from Sheriff George H. Erwin, Jr. requested that the Board authorize the sale of a service firearm to Deputy Linda Westall.  In 1994, the Board approved a Service Sidearm Policy, which was submitted for Board review.


According to the policy, the Board must establish a purchase price for the weapon.  The Sheriff had indicated that the value of the sidearm is $460.00.  Should the Board approve this request, Deputy Westall would be responsible to pay for the weapon less the discount provided by the Policy.



The agreement, which established the Henderson County Hospital Corporation, requires that they present to the Board of Commissioners an annual report each year.  They requested time on today=s agenda to present the Board an update on their operations. They had previously distributed copies of their 2001 Annual Report for the Board=s review.


No action was required.


Dr. Albers, current Chairman of the Hospital Board of Trustees, spoke briefly about the State Budget crisis this year and its affect on county government and our county hospital, Margaret R. Pardee Memorial Hospital.  He appreciated the fact that they currently have one of the best working relations between the Hospital Board and the Board of County Commissioners.  He introduced Mr. Bob Goodwin who has been the Hospital Administrator or CEO for the past 11/2 years.


Mr. Goodwin thanked the Board for the opportunity to appear and present both the year-end review and the new budget.  They had distributed the books containing both items to the Board previously so that the Commissioners had time to review them prior to the meeting.  The Board was happy with this arrangement.


Mr. Goodwin mentioned the need for a future conversation dealing with the relocation of the main EMS station which is currently located on Justice Street on Pardee=s campus. He would like to begin those discussions in this coming year=s budget year. Pardee plans to reorient their front entrance from Fleming Street to Justice Street.  He mentioned the increased traffic around the hospital campus.   He mentioned many statistics including the following:


C                  The need for four additional operating rooms (from 6 to 10), construction to begin in the fall

C                  The need for more outpatient space (ambulatory medical unit)

C                  They are now providing Cardiac Catheterization on a mobile basis

C                  They are working in collaboration with Western Carolina University for initiatives in integrated aging, working on prevention and wellness

C                  They have added a new computer system (Computer Solution) and the financial package of it will be implemented this year

C                  Their move from conventional x-ray film to digital imaging

C                  Mental Health Reform or Behavioral Health Program - they have added two new  Psychiatrists to their staff

C                  For the year 2003 they anticipate a patient revenue budget of over $190,000,000 and of that expect to receive about $106,000,000 in reimbursements. 

C                  They have over $100,000,000 budgeted for expenses for 2003.  Almost $60,000,000 of that is entirely related to wages and benefits.

C                  Pardee has almost 1400 employees, being the second largest employer in the County (including all it=s subsidiaries)

C                  Pardee has recently improved substantially their pension plan for employees to a defined contribution plan

C                  They are looking at a $20,000,000 capital expenditure in the coming year (plant and equipment)


He mentioned briefly the new HIPPA law and patient privacy.  This is a $300,000 unfunded mandate placed upon them by the Federal Government.


Mr. Goodwin recognized and introduced others who were in attendance with him, ready to answer questions from the Board:

Ms. Sandy Smith, Senior Vice-President

Mr. Tim Cummings, Director of Accounting

Barbara Platts, Vice-President of Professional Services

Tom Bullard, Vice-President of Human Resources

Marian Moores, Media Relations Coordinator


The Board asked several questions that appeared to be satisfactorily answered. 



Eddie Mitchum, County Assessor, presented the proposed Schedule of Values for the 2003 reassessment of property which consisted of the Market Schedule and the Present Use Schedule.  He stated that this process takes 52 days to get the schedule in place,  if everything goes smoothly. 


Mr. Mitchum proposed the following timeline:


Day #

1          August 21        Distribute Schedule of Values (SOV) to Board of Commissioners

2          August 22        Advertise SOV in newspaper.

15        September 4    Hold Public Hearing on schedules. Must be at least 7 days before the adoption of the schedules.  May be held more than 7 days as long as sufficient advertising is given.

22        September 11  First day that schedules can be adopted.

23                                Publish 1st notice of adoption.  Taxpayer must appeal to PTC within 30 days of this date.

30        September 19  Publish 2nd notice of adoption.  State last day for appeal.

37        September 26  Publish 3rd notice of adoption.  State last day for appeal.

44        October 3        Publish 4th notice of adoption.  Must be at least 7 days prior to the last day for appeal.  State last day for appeal.

52        October 11      Last day for taxpayer to appeal the adoption of the SOV.


Commissioner Ward asked Mr. Mitchum to pull 10 commercial and 10 residential parcels at random for review by the Board of Commissioners.  He also asked that his parcel be # 11.

The Board was requested to set a public hearing on the Schedule of Values at this meeting.  Chairman Moyer stated the Board would set the public hearing under AImportant Dates@.



Angela Beeker reminded the Board that it was time once again for the delivery of the tax receipts to the Henderson County Tax Collector; however, before they can be delivered, the following must occur (pursuant to NCGS 105-352):


(a)       PREPAYMENTS.       The Tax Collector must deliver any duplicate bills printed for

prepayments received by the Tax Collector to the Finance Director and demonstrate to the Finance Director=s satisfaction that all prepayments received have been deposited.  Note: NO PREPAYMENTS WERE RECEIVED: THEREFORE NO ACTION REGARDING THIS STEP WAS NECESSARY.


(b)       SETTLEMENT.          The Tax Collector must make settlement with the Board of



Tax Collector=s Settlement


ADear Henderson County Commissioners, Attached please find the Preliminary Report for FY 01-02 along with the Settlement for Current-Year taxes and Delinquent Taxes.  A list of all unpaid tax liens is available for your review in the Office of the Clerk to the Board.


I am happy to report that as of the close of FY 01-02, our office collected 98.20% of the annual tax bills.  This is the highest collection rate we have ever achieved.  In addition, you will note that our unpaid bills on secured property have been reduced from last year=s figures by $38,058.71, and the unpaid bills on personal property have been reduced by $247,442.00 from last year=s figures.


Thank you for the opportunity to be of service to you.  Respectfully submitted, Terry F. Lyda, Tax Collector.@


Some discussion followed concerning what kind of effort had been made to collect taxes on these bills.


Darlene Burgess updated the Board concerning our participation in the North Carolina Debt Setoff Program. This past year was the first time we have participated in the program that allows local governments to garnish state income tax refunds for the payment of local debt.  To date, they had collected approximately $18,000 from income tax garnishments.  When added to the $22,000 they collected through voluntary payments made as a result of the notices that were mailed, they have collected over $40,000.  They plan to expand their use of this program in the coming year. 


Ms. Burgess then reviewed briefly a table that was distributed of a Breakdown of Outstanding Tax as of 6/30/02. In many cases the unpaid motor vehicle taxes are about 50% of our unpaid tax bills.  The biggest problem they have experienced with motor vehicle tax bills has been returned mail.  They have between 50 and 75% returned mail on the delinquent motor vehicle bills.  This coming year they plan to dedicate a lot of research time to locating these motor vehicle tax payers, getting the bill to them and then submitting them to the debt setoff program.  They hope to greatly improve their motor vehicle tax rate by doing this. 


Chairman Moyer made the motion to approve the Resolution Approving the Settlement with the Tax Collector for the 2001 Tax Year.  All voted in favor and the motion carried.


(c)       BOND.                        The Board of Commissioners must approve the bond to be



Commissioner Gordon made the motion to approve the Resolution Setting the Bond Amounts for the Tax Collector at $1,000,000 and Deputy Tax Collector at $250,000.  All voted in favor and the motion carried. 


(d)       ORDER OF COLLECTION.  An Order of Collection must be adopted at today=s



Commissioner Ward made the motion to approve the Resolution Adopting the Order of Collection for the 2002 Tax Year.  All voted in favor and the motion carried.



Commissioner Ward made the motion for the Board to proceed with the continuation of the August 5 meeting to consider the Article 44 Sales Tax.  All voted in favor and the motion carried.

This was a continuation of the August 5, 2002 regular meeting to consider the levy of the Article 44 Sales Tax to be effective July 1, 2003.  All procedural requirements had been met to adopt the prepared resolution levying the Article 44 sales tax to be effective July 1, 2003.


Ms. Beeker reminded the Board that they had received in their agenda packet a resolution that if they chose to pass today would enact the half cent sales tax to be effective July 1, 2003.  At the August 5 meeting the Board chose to continue to today=s date of August 21 to give the General Assembly a little more time to maybe pass an amendment to Article 44 that would allow an effective date earlier than July 1, 2003.  That has not happened. On August 5 Ms. Beeker distributed to the Board a schedule of the procedure to follow if the Board chose not to enact the Article 44 Sales Tax today.  


Following much discussion, Commissioner Ward made the motion for the Board to approve RESOLUTION LEVYING THE THIRD ONE-HALF (1/2) CENT LOCAL GOVERNMENT SALES AND USE TAX AND PRESCRIBING THE METHOD OF DISTRIBUTION OF THE PROCEEDS WITHIN HENDERSON COUNTY.  All voted in favor and the motion carried. 


Commissioner Ward made the motion to adjourn the August 5 meeting.  All voted in favor and the motion carried. 


Commissioner Gordon made the motion for the Board to reconvene the August 21 meeting.  All voted in favor and the motion carried. 



Mr. Nicholson was asked by the LGCCA to develop a program for our community to commemorate September 11th.  A number of groups are planning particular observances for that day.


Mr. Nicholson has been working with the September 11 Commemorative Committee and recognized the members of that committee:

Button O=Cain, representing the City of Hendersonville

Eliza Graue, Council member from Village of Flat Rock

Jim Ball, Manager, Town of Laurel Park

Craig Honeycutt, Manager, Town of Fletcher

David Nicholson, Manager, Henderson County

Kohlan Flynn, School System

Scott Wade, Pastor of the Nazarene Church


The Ceremony will begin at 8:00 a.m. on September 11 with a short opening ceremony consisting of a prayer and remarks from Chairman Bill Moyer and the Mayor of the City of Hendersonville, Fred Niehoff. 


About 8:15 a.m. a list of names will be read, those who were killed as part of the terrorist attack on America on September 11, 2001 (over 3,000 names).


At 8:44 a.m., a break in the reading of the names will take place and we will recognize the event that we are about to commemorate - the first attack on the Twin Towers at the World Trade Center which happened at 8:45.


At 8:45 a.m., the courthouse bell will be rung for approximately one minute.  Mr. Nicholson has requested the churches in the community, the schools, fire departments, and anyone who has a bell to ring them at the appropriate times.


Following the opening ceremony, the people will be asked to spread themselves across Main Street.  Two thousand American Flags have been ordered to be distributed.  The Times-News plans to print 20,000 American Flags.  People will be asked to bring their American Flags to the commemoration.  We hope to line Main Street.  A procession of emergency and military vehicles will begin down Main Street with lights but no sirens.  As soon as that is finished we will pick back up with the reading of the names. 


At 9:03 a.m., the courthouse bell will be rung for approximately one minute, commemorating the attack on the second twin tower at the World Trade Center.


At 9:43 a.m., the courthouse bell will be rung for approximately one minute, commemorating the attack on the Pentagon.


At 10:10 a.m., the courthouse bell will be rung for approximately one minute, commemorating the fall of Flight # 93, the fourth plane in the terrorist attack on America. 


There will be a short closing ceremony, somewhere around 11:00 a.m.  The entire ceremony is expected to last 3 - 3 1/2 hours.


A number of organization have been invited to attend and participate: Fire & Rescue Departments; Emergency Services; School System; etc. We will be inviting the Presidents of the Student Body or Student Council of each High School in the County as well as Faith Christian Academy and Blue Ridge Community College to assist in the reading of the names.


Chairman Moyer asked that any groups who have meetings scheduled for that timeframe on September 11 to please cancel them or change them so that we don=t have conflicts, feeling that the emphasis should be on the commemorative activities. 


Mr. Nicholson stated that any other organizations who have planned special activities for September 11, if they will notify us we will try to get the word out about their activities also.


RECREATION DEPARTMENT - add-on by Commissioner Messer

Commissioner Messer, on behalf of the Board of Commissioners, wished to recognize and congratulate the youth of our county who just recently represented Henderson County (Henderson County Little League BaseballTeam) at the Babe Ruth Baseball Playoffs, the World Series of Youth Baseball. The Board also congratulated the coaches and parents and others who had a part in this endeavor because it was definitely a team effort.   They all represented Henderson County and our State very well and we are very proud of them.   


Commissioner Messer represents the Board of Commissioners on the Recreation Committee.                                                

Update on the East Flat Rock Elementary School Project - add-on by David Nicholson

Chairman Moyer stated that awhile back this Board made a major push with respect to senior housing and East Flat Rock.  He asked Mr. Nicholson to update the Board on this issue.


David Nicholson stated that just yesterday he learned from Regency Development that there were funds left over at the North Carolina Housing Finance Authority and the funds have been granted to do the renovation of East Flat Rock Elementary School for an elderly housing program.  Henderson County is very excited about this new development and will be willing and ready to work with them immediately.  The building will be saved now and will become an asset to the community. 



1. Dick Baird - Mr. Baird apologized to the Board because at the last meeting he complained that his AStrive To Drive@ Proclamation had not been acted upon.  He forgot that he and Chairman Moyer had talked privately and agreed that the action taken by the Board on Proclamations/Resolutions was perfectly satisfactory and he had agreed to withdraw it.  He was sincerely apologetic.


He had previously brought up the need to tape informal public comments and he will continue to follow-up on that since he doesn=t think any action has been taken on that.


He had previously mentioned that he thought the fund balance was too high.  He was pleased to note that had been taken under consideration and will disappear off his pending list.


He briefly mentioned again the need for an Infrastructure Committee. 


He offered positive comments about Commissioner Gordon=s budget proposal. He felt it was well thought out, well developed, and well presented.  It solves the immediate problem.  He would offer a little different approach.


He briefly discussed the growth rate and collection rate for property taxes.   



Mr. Nicholson had received a letter from Sheriff Erwin concerning the awarding of an equipment grant to the Henderson County Sheriff=s Department from the Governor=s Highway Safety Program.  The amount of the grant is $16,000 and requires an equal match.  Sheriff Erwin indicated that funds appropriated within his budget for capital would be used for the match.  This would allow the purchase of some MDT=s (mobile data terminals), video cameras, and radar units and road lights. 


Because budget discussion had been delayed until later in the meeting and the discussion could affect this item, the Board delayed any action on this item until later in the agenda, following budget discussions.



Gene Heatherly, Terry Stepp and Sandra Stepp had submitted a petition requesting that the Henderson County Board of Commissioners request the North Carolina Department of Transportation to abandon from the secondary road system the last 3,400 feet of Hog Rock Road (SR# 1703).


Mr. Nicholson stated that the Board had taken action on such petitions in the past or held a public input session, depending on the circumstances.


Mr. Nicholson stated that staff has done some research, as well as visited this road.  It is a road that connects US #64 East to Bald Rock Road.  However, the section that is requested for abandonment appears to have very little utilization. (There is also some evidence of illegal dumping in some areas.)  Neither emergency services nor the school system use this segment of the road due to its location and condition. 


Staff had prepared a resolution for the Board=s consideration to consider removing this portion of road from the Secondary Road System.


Commissioner Ward has had several people approach him about this abandonment.  It appears that this section of road is being used as a dumping ground.  If NCDOT were to pave the road it would involve a huge cut into the side of the mountain.  Environmental concerns would be devastating. 


It was the consensus of the Board to hold a public input session.  This will be set under AImportant Dates@


DISCUSSION OF ONE YEAR GOALS - add-on by Chairman Moyer

Chairman Moyer reviewed the following one-year goals that the Board had adopted approximately a year ago and reviewed the status of each:


1.               Revise the land use implementation guide to reflect a balance between quality of life and standard of living.

The Board has implemented the land use guide.  The Board has implemented safety net zoning and has been studying the boundaries around the municipalities. The Board has been working on the revision of the Zoning Ordinance and the Board has authorized staff to come up with a final draft.  This is on-going.


2.               Evaluate and understand the County=s growth and develop a plan to manage that growth.  This plan would include all sectors of our economy including industry, tourism, agriculture, retirees and commercial.

Mr. Moyer felt that the Board had not accomplished much on this item yet.  It is part of the county comprehensive plan. Hopefully with the completion of the County Comprehensive Plan (CCP) this can be added to.


3.               Complete the addressing project.

The Board is committed to complete this project by the end of this year.  Substantial progress has been made and we are on schedule. Then we will have to focus on getting people to display their number on their house.


4.               Complete and begin implementation of a County facilities plan.

The Board has spent many hours on the county facilities.  The Historic Courthouse project has been put on hold. We continue to work on the Human Services Building.  That project is progressing.  Mr. Nicholson is picking out colors and carpeting for that project. Staff will likely request the Board set a workshop on this project in October.


5.               Develop a regional solid waste plan.

A committee has been looking at this issue.  Commissioner Hawkins serves on the committee. Commissioner Hawkins stated that about two years ago Henderson County contacted Land of Sky Regional Council looking for partners to address the solid waste problems in our area on a regional basis.  Regional approaches have been reviewed that other counties are utilizing.  Henderson County has reactivated its Solid Waste Advisory Committee.  They have met and are looking at additions to our current solid waste contract. Location and amount of volume are very big considerations in the solid waste issue. Commissioner Hawkins stated that we will continue to work on this issue and try to find some solutions to it.


Commissioner Ward asked the Board to issue a letter to the Polk County Board of Commissioners inviting the two groups to get together to talk about a regional solid waste program.


6.               Complete detention center and implement effective operating procedures.

This has been accomplished.  We have received awards for the Detention Center.  It is up and running and operating effectively.


7.               Complete and adopt a County thoroughfare plan.

This process is very well underway.  Hopefully the State=s budget will not interfere with the completion of this plan. August 27 the State will update us on where they stand.  We hope to have public input sessions in September on our Thoroughfare Plan, both the City of Hendersonville and the Henderson County Plan. This is also a key part of the CCP.


8.               Monitor and ensure compliance with school facilities plan.

This Board of Commissioners has been committed to improving the school facilities.  They have had a Joint Facilities Committee. The Board has now moved into the classroom and is helping to make class sizes smaller. The Board has also supported other school issues such as teachers, money for supplies and improving science and math in our schools. The Board can take pride in their involvement with school issues.


9.               Develop and begin implementation of a countywide GIS plan.

Mr. Nicholson was thrilled to announce that the GIS system is up and operating.  It is going very well.


10.            Evaluate and make a decision on the way Commissioners are elected.

This issue had been stagnant for many years with no resolution.  This Board did the redistricting in a fair and equitable way so that the districts are balanced.  The new districts will be used in the election process this fall.


Chairman Moyer stated that when the Board adopted these goals they had no indication of what the State=s budget crisis would be and how it would affect us.  Revisions and cuts have had to be made due to the State budget crisis.


Chairman Moyer did not review the three year goals but the Board is well into some of them. He felt that the Board had accomplished much in a year.


Commissioner Gordon stated that it is appropriate to go back and look at goals and see if they have been met.  She also felt the Board should think about going into the new year with a revised set of one-year or short-term goals.



Chairman Moyer called a brief technical recess to change videotapes.


PUBLIC HEARING - for Road Names

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


Rocky Hyder reminded the Board that this was a public hearing to name the following list of roads.  This public hearing date was set at the August 5th meeting.


Old Name                                                       Proposed Name

Elks Dr                                                            J P Garren Dr

IdleHour Ln                                                     Rugby Cove Ln

Natalies Ridge Rd                                           Pinewood Knoll Dr

Oshima Ln                                                       Hicks Mountain Rd

Corning Ln                                                      Holbert Mountain Rd

Lester Justice Ln                                             Old Mill Creek Rd

Lem N Lime Ln                                               Melody Hill Ln

Hawks Bill Way                                              Aunt Ettas Pl

Goldenrod Way                                               Rays Place Ln

Sky Lake Dr (Branch Off Dr)              Crescent Point Dr

Bob Glaspy Dr                                                J & B Glaspy Dr

Pilot Landing Ln                                              Dry Creek Ridge Rd

Mac Dr                                                            Shady Creek Ln


New Road Names

Diesel Dr

Showy Orchis Dr

Harriett Ln


Public Comment

1. Martha Sexton - Ms. Sexton lives on Natalie=s Ridge Road.  Up until about ten days ago she had no idea that any of this was in the works.  She had no idea why they want to change the name.  There are 23 property owners from where Natalie=s Ridge begins until the cul-de-sac. She felt that there was not a majority of those property owners who had signed any sort of petition.  She stated that there are 22 road names in Henderson County with the word APine@ in them.   She stated that Natalie=s Ridge actually should have been Natalia, the name of a lady who owned property on the hill.  She felt the name should reflect something of the people who owned this land prior to the recent newer owners.


2. Don Morris - Mr. Morris stated that Natalie=s Ridge was named before he became part of the mountain.  It was named after his mother-in-law who was Natalia, and who owned the property.  Her mother owned it before she did.  In recent years it has been divided up between family members and pieces have been sold.  He just recently learned that the road name was being changed but no one had asked his opinion.  He saw no need in changing the name and would prefer it to remain as is ANatalie=s Ridge@.


Rocky Hyder explained that his staff has petitions from two thirds of the property owners who live on the road.  They were contacted to change the name.  They had not planned to change the road name until they were contacted. 


Mr. Morris came back to the microphone in response to Mr. Hyder=s statement that he had signatures of two thirds of the property owners who live on the road.  He referenced a road agreement on this road.  He asked to see the names of those who had signed and asked why those who had not, had not even seen the petition. 


Rocky Hyder stated that they have fourteen signatures and there are nineteen property owners.  The Ordinance reads that no matter how many different parcels you own, one property owner gets one vote.  The person who distributes the petition does not have to contact every property owner, according to our Ordinance.  The name APinewood Knoll Drive@ was chosen by the signers of the petition.


3. David Beddingfield - Mr. Beddingfield lives on Rocky Ridge Road/Natalie=s Ridge Road.  He has lived there since 1979.  He has maintained the road.  For 18 years he had a route and box number address.  He was notified that his address had changed from a route and box number to Natalie=s Ridge Road.  He had no say in naming the road.  Since he helps maintain the road he felt he should have a say in what the name of the road should be.  He went through the proper channels and got his signatures of 66% of the people. He stated that things change and so should names.


It was the consensus of the Board for staff to survey the property owners and bring a recommendation back to the Board.  Natalie=s Ridge Road was pulled from the road name list submitted for Board approval.


Commissioner Gordon asked staff to draft a revision to our Ordinance that would provide for all property owners that would be effected to be notified.  She felt that was a shortcoming in the Ordinance that has been pointed out by this issue.


Chairman Moyer made the motion to approve the submitted list of Road Names minus Natalie=s Ridge Road.  All voted in favor and the motion carried.


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


FY 2002-2003 BUDGET

At the budget workshop on August 15, 2002, the Board requested that staff develop a plan to reduce the County=s budget by $246,811.


David Nicholson distributed a hand-out entitled ASummary of Changes to FY 02/03 Adopted Budget@ a copy of which is attached hereto and incorporated as a part of the minutes.  The original adopted budget was $77,053,748.  At the last Board meeting, the Board discussed the elimination of the Article 44 Sales Tax from the budget, $2,446,005, and the elimination of contingency, $906,668.  There was discussion to add back the Schools Capital Reserve Funds, $742,526 and an additional appropriation of fund balance of $550,000.  This would reduce the adopted budget by $246,811, which is what the County Manager was charged with doing. 

Mr. Nicholson also proposed some additional cuts amounting to $744,126 and reviewed those with the Board.  Since this was above the $246,811 he was charged to find and since the Board had concerns about trying to appropriate as little fund balance as possible, he proposed taking $497,315 of the additional cuts and applying them back to fund balance reducing the amount of fund balance appropriated by that amount.  The total decrease in the budget would be $2,557,462 for a revised FY 02/03 Budget of $74,496,286.


Much discussion followed focusing on fund balance, contingencies, tax collections, service levels, etc.


Commissioner Ward proposed freezing capital and personnel expenses and saving fund balance. 


Commissioner Hawkins wanted some time to review the different proposals:

County Manager=s revised budget

Commissioner Ward=s proposal

Commissioner Gordon=s proposal from an earlier meeting


Mr. Nicholson had a slight problem about waiting until August 29 for the Board to take action on this budget amendment.  He had some vacancies he needs to try to fill.


Chairman Moyer asked Mr. Nicholson to supply the Board with a revenue and expense figure on a monthly basis.


It was the consensus of the Board to generally approve the implementation of Mr. Nicholson=s plan regarding capital and personnel.


Mr. Nicholson distributed some information for the Board=s review regarding purchase versus lease of county vehicles.



Since the Board had discussed budget issues they decided to now revisit this issue.


Mr. Nicholson stated that the Sheriff decided the MDTs (mobile data terminals) were more important than the ID system and asked that Mr. Nicholson pull that grant out of his budget.  In the budget amendment will be a reduction for that program.  Mr. Nicholson recommended that the Board approve the filing for the $32,000 equipment grant.  The Sheriff would know how much money was coming to him and would determine his priorities. The Sheriff would have to find the 50/50 match in his budget, $16,000. 


Chairman Moyer made the motion to approve the Local Government Resolution presented, making it clear that the match would have to come out of the Sheriff’s Department budget after taking into consideration the additional cuts the Board made.  The decision will be left up to the Sheriff to determine whether or not to apply for the grant.  All voted in favor and the motion carried.

Legal Advertising

Commissioner Ward had heard from a citizen who felt that the county could reduce the county budget by advertising in another newspaper instead of the Times-News (going out for bid).  Staff would have to research and see if this would be legal and feasible.


BLUE RIDGE COMMUNITY COLLEGE - property purchase - add-on by Commissioner Ward

Commissioner Ward stated that it was recently brought to his attention that Blue Ridge Community College had purchased property across the road from their campus (Rogers property).  He questioned if the County would have to pay for the maintenance on the property that they just removed from the County=s tax rolls or if it would be paid by the Endowment or what.  He suggested the Chairman write a letter to BRCC to find the answers. 


Angela Beeker stated that she understood that the property was purchased with Foundation funds.  She raised a question of who holds title to the property, BRCC or the Foundation.


Chairman Moyer agreed to send a letter to Dr. Sink and ask for clarification on this issue.



Mr. Nicholson reminded the Board of the need to set a public input session on Hog Rock Road, from earlier in this meeting.  Commissioner Gordon made the motion to set the public input session for September 3, 2002 at 7:00 p.m.  All voted in favor and the motion carried.


Mr. Nicholson reminded the Board of the need to set a public hearing on the Schedule of Values. Commissioner Ward made the motion to set the public hearing on the SOV for September 4 at 2:00 p.m.  All voted in favor and the motion carried.


Mr. Nicholson reminded the Board of the need to set a Quasi-Judicial hearing on a property addressing appeal.  Commissioner Gordon made the motion to set the Quasi-Judicial hearing for September 18 at 11:00 a.m.  All voted in favor and the motion carried.


Mr. Nicholson reminded the Board of the up-coming Apple Festival Parade scheduled for 2:00 p.m. on Labor Day.  He will have a vehicle ready for the Commissioners to ride in that parade.


Commissioner Messer made the motion to adjourn the meeting.  All voted in favor and the motion carried.


CONTINUATION OF QUASI-JUDICIAL PUBLIC HEARING - Application for Statutory Vested Rights for Mini-Storage/Mini-Storage & Office Buildings on Howard Gap Road.  Application # VR-02-02 by Harry L. Schenimann

Present at this site visit were: Chairman William Moyer, Vice-Chair Marilyn Gordon, Commissioner Grady Hawkins, Commissioner Don Ward, Commissioner Charlie Messer, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.  Also present were: Planning Director Karen C. Smith, Attorney Craig Justus (representing H. Schenimann), Harry L. Schenimann, Janice Moore, Dorothy Conley, Robert Johnson, and others.


Absent were: County Manager David E. Nicholson and Attorney Sam Fritschner.



Commissioner Hawkins made the motion to reconvene the Quasi-Judicial Public Hearing.  All voted in favor and the motion carried.


Chairman Moyer announced that the purpose of the meeting today was a site visit to see the conditions and get Commissioners questions answered.  The Board would not be making a decision today.  There would be oral arguments from the Attorneys at a later date. 


Craig Justus - Modifications have been made to the plan, based on comments from the last public hearing.  Density was reduced by one building and the RV storage has been moved.  A new buffer of Leland Cypress has been added to one area.  Mr. Justus stated that they were amending their application to include plan A, dated 8/14/02, as presented at this hearing. 


The Clerk to the Board was given a copy of the amended application for the record.


Craig Justus discussed briefly a summary of the project dated 8/14/02 which clarified some of the questions that were asked at the last meeting.  The revised maximum number of storage units was 250 with 45 being the maximum RV storage units allowed.  He submitted the revision of the summary of the project.  Copies were distributed to the parties and was given to the Clerk, admitted into evidence. 


Chairman Moyer asked if any of the Commissioners had questions.

Commissioner Hawkins asked what would become of the area that was formerly planned for 100 RV storage units.  The revised plan showed it not being used at this time but it may be used for something in the future, consistent with the ordinance.


Karen Smith was seeing the revisions for the first time and asked what would become of the building permit for the units that are no longer going to be built.   Mr. Justus  responded that it would not have to be used.  They will void it.  


Ms. Conley - She expressed a concern about the sediment pond.  Will it not attract mosquitos?  What about the West Nile Virus?  Isn=t that a health hazard to us?


Craig Justus - Mr. Justus showed the old pond site and the new sediment pond site on a map.  If the neighbors want that to be filled in, that=s fine. 


Commissioner Messer asked Mr. Justus if the timeframe had changed with the revised plan.  Mr.  Justus explained that it had not changed.  The Vested Rights request was for five years.  The Board has discretion to change the timeframe from five years. 

Mr. Johnson - Mr. Johnson is a neighbor to the development and expressed concern about run-off, mosquitos, and silt.  He asked how high the area right next to him would be raised to put the extra building. 


Mr. Johnson was told that the area would be leveled up.  It would be 4-5 feet lower than what the current storage units are.


Janice Moore - Ms. Moore asked why some of the neighbors could not voice their opinions.


Chairman Moyer stated that they were not made a party to the proceeding so they cannot be a part of the meeting. 


Ms. Conley - Expressed a concern about this 30 year old neighborhood and feared that it might be ruined.   She mentioned a meeting last night which turned out to be the Henderson County Planning Board meeting. 


Ms. Beeker explained that the Planning Board meeting last night would be outside of the scope of this particular proceeding.  The Board cannot take into account what happened at last night=s meeting.  Ms. Beeker explained that there would be another opportunity for the neighbors to have input about the area at large.  Comments today need to be focused on this application.


Commissioner Ward - Mr. Ward said since the Board took the gentleman=s letter into consideration and the plan has changed, he felt that it would be OK to allow him to comment.


Chairman Moyer stated that it would have to be done at the beginning of the meeting, when reconvened, because Attorney Sam Fritschner was absent. Mr. Moyer was not comfortable doing so with Sam absent but felt others could be given a chance to speak when the meeting is reconvened again.


It was pointed out that the gentleman in question lived across the street, in a gray house.


Janice Moore - Ms. Moore asked if there was some way that the lights wouldn=t have to remain on all night. She stated that they would shine in all the homes that are around the development. If there are no security problems with the units, why do the lights have to be on 24 hours.   She also expressed concern about the traffic, especially the RVs and boats, long vehicles pulling in and out.


Craig Justus - Mr. Justus explained that Mr. Shenimann had put shades on the lights so that they shine down instead of out.  The lights need to be on because there may be customers coming at different hours of the day or night. 


Janice Moore - Ms. Moore expressed that she didn=t think there should be RV storage on the site.  She thought it was too dangerous and too unsightly.


Chairman Moyer stated that this hearing will be continued to another day.  We did not come prepared to swear additional people in today.  Mr. Moyer stated that people can be sworn and make comments when this meeting is continued. They must be able to be cross-examined by the other parties and the Attorneys.  We must follow the legal procedures.


To Site


Everyone moved outside to visit the site and see the storage buildings, sites for the new buildings, RV storage, etc.


We walked to a ditch.

Harry Schenimann- AOK, this is where the water starts at and according to the Army Corp of Engineers it=s where it collects water from run-off and so forth here and then it carries it on through under here.@


Janice Moore - Ms. Moore pointed out that the spring head is on Heatherly=s property and then it is piped across the front yard of Heatherly=s to here. 


Commissioner Hawkins asked where the land ended, if it was over at the mound of dirt or right here.   He was told it was beyond the catch basin, past the mound of dirt.  


There was much discussion about the catch basin when we reached that site.  There may be one large catch basin in the area or maybe none.  If the neighbors want, it could be filled in.  There seem to be two different views on that at the moment. 


There was discussion about landscaping with it continuing to be some natural landscaping with grass and trees.  On this side of the stream there would be no trees taken out. 


Commissioner Ward felt that the culverts need to be identified on the plan.    When questioned, Mr. Johnson explained that he had lived in the area for 30 years and he had seen an increase of three to four feet of water during rainy times, as run-off.


Craig Justus asked Mr. Johnson if he had asked any Engineer what the impact from this development would be on his property.  Mr. Johnson stated that he had not.  


We moved to another spot on the property.


There was discussion of where the additional two building would be on the amended plan.  The tree line was pointed out and would remain with more added. 


Craig Justus pointed out that Plan B with offices showed a slightly different configuration of the building.  All that should be considered today is the application for Plan A.


There was discussion of the water, silt pond, additional culverts, streambed and flow of water as well as the fact that the culverts were sized to handle the water according to the Army Corp of Engineers and the Erosion Control Department. 


Craig Justus stated that for what has been going on it has met all State requirements for erosion control and for what is to occur as well.  Public Officials do come out and make sure that they are following every requirement imposed upon them for sediment, erosion, etc. They intend to comply willingly.


Neighborhood drive thru


We got back into the van and drove through the neighborhood, stopping at Mr. Johnson’s property with him pointing out where the water crosses his property.  The water is normally about eight inches to a foot deep but is low this year due to the dry conditions we have experienced.  He has seen the water rise three to four feet following a rain.


 Ms. Conley next door pointed out the view from her backyard and asked questions about the buffer etc. She can look upon the whole complex from her backyard.  When the leaves are gone you can see much more clearly. 


Continuation of hearing


Chairman Moyer made the motion to continue this hearing to the mid September meeting on September 18 at 11:00 a.m.  All voted in favor and the motion carried.  This was at 2:33 p.m.











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