STATE OF NORTH CAROLINA                                            BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                         NOVEMBER 4, 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, Finance Director J. Carey McLelland, Assistant to the County Manager Selena Coffey, Fire Marshal/Emergency Management Coordinator Rocky Hyder, Paralegal Connie Rayfield,  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 Hawkins led the Pledge of Allegiance to the American Flag.



David Nicholson gave the invocation.



Chairman Moyer suggested that after the Consent Agenda the Board go to the Discussion Items because there were people in attendance for those items. 


Angela Beeker informed the Board of additional need to go into closed session at the appropriate time.


Commissioner Ward asked what the Board=s intentions were concerning Discussion item AE - Proposed New Animal Services Ordinance@.  He was informed that the Board would get a brief presentation of the ordinance and the Board could either defer it or set up a workshop to discuss the detail of the Ordinance.


David Nicholson asked that the Board add one item ACJPA Grant@. Chairman Moyer added it as C-4 under Staff Reports.


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



Commissioner Messer made the motion to approve the consent agenda.  All voted in favor and the motion carried. The Consent Agenda consisted of the following:



Draft minutes were presented for the Board=s review and approval of the following meetings:

September 18, 2002, regular scheduled meeting

October 7, 2002, regular scheduled meeting

October 9, 2002, special called meeting

October 16, 2002, regular scheduled meeting

October 28, 2002, special called meeting


Financial Report - September 2002

Cash Balance Report - September 2002

The County utilizes unreserved fund balance during the early part of the new fiscal year to cover expenditures over revenues in the General Fund.  This is not an unusual financial position during this time of the year prior to property tax bills being mailed.  However, we normally would have seen during the first quarter an additional $2 million in revenues from the former Intangibles Tax Reimbursement and another $650 thousand from the former Inventory Tax Reimbursement that is being withheld by the Governor and the State of North Carolina.


Non-departmental expense includes the annual property/liability and worker=s compensation insurance premiums paid to the NCACC Risk Management Pools.  These costs will be allocated out to individual departments on a pro-rata share basis prior to fiscal year-end.


Henderson County Public Schools Financial Report - September 2002

The report had been provided for the Board=s review and consent approval.


Tax Collector=s Report

Terry F. Lyda, Tax Collector, had provided the Tax Collector=s Report dated October 31 for the Board=s information.


Darlene B. Burgess, Deputy Tax Collector, had provided the Deputy Tax Collector=s Report dated  November 2 for the Board=s information.


Tax Releases

The Tax Assessor had submitted a list of 220 tax release requests for the Board=s approval.


Petitions for addition to State Road system

Petitions had been received for addition to the State Road Maintenance System for the following roads:                 Secretariat Drive

Forest Bend Drive

Mary Place

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


Request for Improvement Guarantee for Oleta Falls, Phase III

Waterside Properties, LLC, Developer

Mr. A. J. Ball, Manager for Waterside Properties, LLC, had submitted an application for a subdivision improvement guarantee for road improvements in Phase III of Oleta Falls.  The improvement guarantee is proposed to cover the cost of completing ditch and shoulder work, finish grading, installation of stone and paving.  Currently, the roads and shoulder had been graded, culverts had been installed, seeding and rip rap had been provided and some stone had been placed on the roads.


The Planning Board granted conditional approval of the Master and Development Plan for Oleta Falls on April 25, 2000.  Since that time, the Board of Commissioners had approved several improvement guarantees for various portions of the project.  There are currently two active improvement guarantees: a letter of credit that was posted for the proposed covered bridge and certified funds that were deposited with the County for outstanding road improvements in portions of Sections 1, 2, and 3 of Oleta Falls.  Phase III comprises the final portion of the subdivision project.


According to the Development Plan approved by the Planning Board, the developer proposed constructing the roads in Phase III to the standards for paved private local residential subdivision roads in the County=s Subdivision Ordinance.  Such standards require, as a minimum, a 6-inch stone base, 1.5 inches of asphalt, 6-foot shoulders and ditches with a 3 to 1 slope and cut and fill slopes of 1.5 to 1.  According to the cost estimate provided by Mountain Engineering, the developer intends to install stone to a depth of 8 inches, which exceeds the minimum standard.


Pursuant to Section 170-38 of the Henderson County Code, a developer may, in lieu of completing all of the required improvements prior to Final Plat approval, post a performance guarantee to secure the County=s interest in seeing that satisfactory construction of incomplete improvements occurs.  One type of permitted guarantee is an irrevocable letter of credit.  The developer intends to secure a letter of credit from Palmetto Farm Credit/BB&T in the amount of $170,800.00, which includes the cost of the road improvements ($136,640.00) as well as the required twenty-five percent contingency of $34,160.00.  The proposed completion date for the improvements is October 1, 2003.


A draft Performance Guarantee Agreement had been prepared for the Board=s consideration.  If the improvement guarantee application is approved, the developer must submit a letter of credit in accordance with the terms of the Agreement.  The 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.


There are several proposed amendments to the Subdivision Ordinance pending which may be beneficial for the developer of Oleta Falls.  While the cost estimate for Phase III assumes that the current Subdivision Ordinance standards will be met, the draft Performance Guarantee Agreement is similar to one the Board approved in September of 2002 for another portion of the project in that it contains language that would allow the developer to comply with applicable standards in the Subdivision Ordinance if, through amendments, such standards are reduced.


The County Manager recommended that the Board approve the application for an improvement guarantee for Oleta Falls, Phase III, subject to the developer providing the County with an irrevocable letter of credit in accordance with the terms of the draft Performance Guarantee and subject to the County Attorney=s review of the letter of credit.


Request for Improvement Guarantee for Macedonia Lake Subdivision

Joe E. Spearman, Developer

Thomas McHugh, agent for developer Joe D. Spearman, had submitted an application for a subdivision improvement guarantee for road improvements in Macedonia Lake Subdivision.  Macedonia Lake is located off Macedonia Road in Green River Township.  The improvement guarantee is proposed to cover the cost of grading and conditioning the existing stone base, installing additional gravel and paving all of the roads in the subdivision.  Currently the roads are graded, drainage improvements and part of the stone base have been installed, and the banks have been seeded.


The Planning Board granted conditional approval of the Development Plan for Macedonia Lake on September 25, 2001.  Since that time, the developer had submitted a revised Development Plan dated October 24, 2001, which satisfies some of the conditions imposed by the Planning Board and which also indicates that the Developer intends to pave the roads in the subdivision to a standard that is somewhat greater than that required by the County=s Subdivision Ordinance.  According to the Revised Development Plan, the roads, all of which are considered to be private local residential subdivision roads, will be constructed with an 8-inch stone base (6 inches is required) and 1.5 inches of 1-2 asphalt (the minimum required).  The cost estimate provided by Tarheel Paving for the remaining work indicates that 2 inches of 1-2 asphalt will be provided, which exceeds the construction standard shown on the revised Development Plan.  Mr. McHugh has confirmed to staff that the developer intends to install 2 inches of asphalt.  The cost estimate also shows an estimated minimum and maximum quantity of gravel.  Mr. McHugh has indicated to staff that 1,990 tons is sufficient and has based the improvement guarantee request on that amount.  The improvement guarantee will ensure that the developer constructs the roads, at a minimum, to the standards shown on the Revised Development Plan.


Pursuant to Section 170-38 of the Henderson County Code, a developer may, in lieu of completing all of the required improvements prior to Final Plat approval, post a performance guarantee to secure the County=s interest in seeing that satisfactory construction of incomplete improvements occurs.

One type of permitted guarantee is an irrevocable letter of credit.  The developer intends to secure a letter of credit from MountainBank in the amount of $77,321.00, which includes the cost of the road improvements ($61,857.00) as well as the required twenty-five percent contingency of $15,464.00.  The proposed completion date for the improvements is June 30, 2003.

Pawnbroker=s License Renewal - Etowah Pawnbrokers, Inc.

Bruce Gosnell, who operates Etowah Pawnbrokers, Inc., has filed an application to continue operating a pawnshop at the Etowah Shopping Center in Henderson County.


Mr. Gosnell first applied for a pawnbroker=s license in 1990 and has renewed his application/petition every year since.  The most current license expired on September 30, 2002.  A complete renewal application had been submitted for Board review.  Everything except the financial records were provided for Board review.  Financial records were not included in order to maintain their confidentiality in accordance with the public policy of the State. 


The County Attorney had reviewed the application/petition and the attachments and believed them to be in order.  Should the Board wish to renew such license, action at today=s meeting to renew Mr. Gosnell=s pawnbroker=s license for a term beginning October 1, 2002 and ending September 30, 2003, would be appropriate.


Report of Settlement

The Consent Order was presented as a report of settlement to the Board and for entry into the minutes as required by NCGS 143-318.11(a)(3), a copy of which is attached as part of these minutes.


The Board was requested to receive the consent order and to direct its entry into the minutes of this meeting.



Notification of Vacancies

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

Henderson County Zoning Board of Adjustment - 5 vac.

Apple Country Greenways Commission - 1 vac.

Fire and Rescue Advisory Committee - 2 vac.

Hospital Corporation Board of Directors - 3 vac.

Laurel Park Planning Board - 1 vac.

Senior Volunteer Services Advisory Council - 1 vac.



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

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



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

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


Zoning Board of Adjustment, Fletcher - 1 vac.

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


Community Child Protection Team - 2 vac.

Commissioner Hawkins nominated Margo Nagel to fill position # 4.  There were no other nominations.  Commissioner Hawkins made the motion to accept Ms. Nagel by acclamation.  All voted in favor and the motion carried. One vacancy remains.


Travel and Tourism Board - 4 vac.

Commissioner Hawkins nominated Delmar Jones and Scott Surrette.  There were no other nominations.  Commissioner Hawkins made the motion to accept both Mr. Jones and Mr. Surrette by acclamation.  All voted in favor and the motion carried.  Both gentlemen were reappointments. Two vacancies remain.


Commissioner Gordon stated that the Travel & Tourism Board has delayed their retreat until January.  That will give this Board or the next Board more time for making appointments.


Trend Mental Health

Commissioner Messer announced that he would be appointing Stuart L. Cohn, M.D. to the Trend Board to fill one of the vacancies. 



Henderson County had received a letter from the City of Hendersonville offering to buy the property located near the corner of Main Street and Maple Street.  A map was reviewed with the property marked.  The offer is for $10,700 which is the taxable valuation of the property.  Henderson County obtained this property through a tax foreclosure.


The County Manager had spoken to the City Manager concerning the property.  The City is interested in developing a small community park at the site.  Mr. Nicholson knew of no reason not to accept the offer from the City of Hendersonville and provide the City a quit claim deed.


The City of Hendersonville owns the lot on one side of this property.  There was some discussion that to be fair to the property owner on the other side of this property, they should be given an opportunity to bid on it. Following discussion, Commissioner Hawkins made the motion to propose to accept the City=s bid of $10,700 and authorize and direct the County Attorney to advertise for upset bids. The City would be subject to our advertising procedure and fee.  All voted in favor and the motion carried. 




On October 7, 2002, the Board of Commissioners held a public hearing on several proposed amendments to the Henderson County Subdivision Ordinance (Chapter 170 of the Henderson County Code).  Such amendments were concerned with private road standards (centerline radius, cut and fill slope and shoulder widths) and with requiring a note on plats containing private roads.


Karen Smith reminded the Board that during the hearing the Board heard comments from a surveyor and a developer expressing some concerns about the amendments as presented.  The County Attorney also had concerns about some of the wording in the proposed amendments.  The Board of Commissioners, therefore, asked that the Planning Director and the County Attorney look at the amendments again and send them to the Planning Board for further consideration.  The Planning Board=s Subdivision Issues Subcommittee met on October 10, 2002, discussed the issues that had been raised at the hearing, and worked with staff on revisions to the amendments for consideration by the full Planning Board.  The Planning Board reviewed the Subcommittee=s recommendation at its meeting on October 15, 2002 and after making further revisions, voted unanimously to send the Board of Commissioners a revised set of proposed amendments (presented for Board review).


The Planning Board=s recommended revisions to Amendment No. 1 attempt to eliminate the discretion that concerned the County Attorney and those who spoke at the hearing by expressly providing that certain reductions in the centerline radius, shoulder widths, and cut and fill slopes are allowed if certain stated conditions are present.  A developer would simply have to demonstrate to the Subdivision Administrator or the Planning Board (whichever is appropriate) that the stated conditions exist and the reduction would be permitted.  The Planning Board did not propose any further reductions to the standards.


The Planning Board did not propose any revisions to Amendment No. 2, nor did its members want to do away with the amendment as it felt strongly that the note provides another means of notifying potential lot buyers that the roads are private and that it is simply a note, like other notes required by the Subdivision Ordinance, and not a certification. 


Because the revisions to the proposed amendments were based on comments the Board received during the public hearing and the notice for the hearing indicated that the Board might discuss other options or make changes to the proposed amendments before taking final action, staff believes that the Board could act on the revised amendments without holding another hearing.


The County Manager recommended the Board approve the proposed amendments to the Subdivision Ordinance as revised by the Planning Board, provided that the Board was comfortable with the wording.


Following discussion, Chairman Moyer made the motion to approve the amendments to the Henderson County Subdivision Ordinance.  All voted in favor and the motion passed unanimously.



1.         T.I.P. Recommendations

At the last Commissioners= Meeting, on October 16, Chairman Moyer and Commissioner Gordon  discussed with the Board the T.I.P. recommendations and at that time stated they would have a revised T.I.P. for the Board=s review at this meeting.


Since the last T.I.P. meeting on October 24, 2001, the Board of Commissioners, the governing boards of each of the municipalities, the TAC, the LGCCA and many other groups, have spent a considerable amount of time and energy to develop and submit to the NC DOT an agreed-upon list of projects for the 2004-2010 T.I.P.  The various groups in the County involved in transportation worked together effectively and most of our recommendations were reflected in the 2002-2008 T.I.P.  Based on our efforts to publish a thoroughfare plan with the cooperation of NC DOT by year=s end 2002, we have had discussions of multimodal systems to include bikeways and greenways to incorporate in the plan as well as established a successful bus program for the entire County with an interconnection to Asheville.


Based on the above activity and input from all concerned, our recommendations for the 2004-2010 T.I.P. are as follows:


Priority One

Project No. R4430, which is currently on the 2002-2008 T.I.P., is the top priority in Henderson County.  This project is defined on the T.I.P. as to Awiden and improve roadway@ of Upward Road (SR# 1783) from US # 176 to Howard Gap Road.  We request that the safety problems at the intersection of Upward Road and South Allen Road (SR# 1756) be fixed, that greenways and/or bikeways, walkways be constructed, and that a design forum be used to plan and design this project. (A public forum was held by NCDOT on April 22, 2002 at Blue Ridge Community College with input from all interested parties).


Note: Completion of this project would provide an additional entrance to the City and County, would help relieve traffic congestion on Four Seasons Boulevard, would eliminate several very congested and dangerous intersections, would aid economic development in the sountern end of the County, and would move traffic to NC 176 which is current underutilized.


Priority Two

Our second priority is the widening of US# 64 West to a three-lane facility from Buncombe Street to Daniel Drive.  The first phase of this project, Project No. U-4428, which is currently on the 2002-2008 T.I.P., is the widening of US# 64 West from Buncombe Street to Blythe Street.  The second phase should be from Blythe to Daniel Drive and this phase should be added to the 2004-2010 T.I.P. Construct bikeways/sidewalks, where feasible.


Note: The County=s hospital and one of its EMS stations are located off this road. Congestion is so bad that in peak times it is very difficult for the emergency vehicles to operate in a timely fashion and for medical personnel to reach the hospital.  Traffic is being forced to find alternate routes to reach the hospital or to reach Hendersonville. (A Hendersonville City Council.)


Priority Three

Widen I-26 from US# 25 Connector to NC# 280 from four lanes to six lanes: Project I-4400 in the 2002-2008 T.I.P.  Widening of I-26 to six lanes will help relieve excessive traffic on local roads and keep interstate traffic off local roads.


Priority Four

Widen the NC# 225 and I-26 Connector.  This is project R-505 and is currently on the 2004-2010 T.I.P.  Traffic estimates for I-26 indicate that there will be substantial additional traffic on I-26 and that traffic on the NC# 225/US# 25 and I-26 Connector will increase substantially.  A public input forum by NCDOT has been concluded.


Priority Five

Upgrade and improve Howard Gap Road from US# 25N in Fletcher to US# 64 and from US# 64 to Upward Road. Howard Gap Road is a major artery for the Town of Fletcher and is experiencing increased development including the Fletcher Community Park, the new Fletcher Elementary School and Park Ridge Hospital.  Howard Gap Road is a major road link between US# 25 and US# 64E and  Upward Road.  The widening of Upward Road to Howard Gap Road from I-26 and from US# 176 is already on the T.I.P.  Completion of these two projects will definitely improve traffic conditions in this area of the County.


Priority Six

Add Cummings Road from Route 64 in Etowah to Hebron (Big Evans Road) and Willow Road due to increased traffic.  This road needs to have the grade raised, realigned and widened to allow increased traffic flow.


Priority Seven

Project No. R-2588 on the 2004-2010 T.I.P. is the widening of NC# 191 to a multi-lane road from NC# 280 south of Mills River to Kensington Road (SR# 1411) in Hendersonville.  This project is very controversial in the County and does not have the broad support that exists for the other recommendations on our list.  There is opposition to widening NC# 191 to a multi-lane road.  There are many different views as what changes, if any, should be made to NC# 191.  Questions have been raised concerning traffic counts, what steps can be taken to relieve traffic on NC# 191, and what improvements can be made to Stoney Mountain Road to improve safety and help relieve traffic on NC# 191. In light of all of this, we recommend that Project No. R-2588 remain a T.I.P. project and that the widening and safety issues associated with Stoney Mountain Road be made a part of that project, but that no further planning or design work be done on this project until after the County=s and City=s thoroughfare plans have been completed and approved.  The aforementioned recommendations will provide an opportunity for the citizens of the County to work together to develop a plan for NC# 191 with broad citizen support, and hopefully avoid a protracted, difficult and unpleasant process.


Note: In the spring of 2002, NCDOT completed a superb resurfacing project on NC 191 and

made major improvements to enhance traffic flow and safety.  The costs incurred by NCDOT to complete the project were $498,617.11.  The residents along NC 191 are extremely pleased with the current status of NC 191.


Priority Eight

Add turning lanes on US# 25 South from White Street to the intersection of Erkwood and Shepherd Streets; straighten the Erkwood, Shepherd Street intersection with US# 25 South; square up the intersection of Rutledge Drive and US# 25 South at the Jackson Funeral Home; construct greenways, bikeways, bike lanes, walkways.  We recommend that a design forum be used to plan and design this project and that it be added to the 2004-2010 T.I.P.


It was decided to ask Mills River to also endorse the list of recommendations.  Chairman Moyer would like to take one unified list to the NCDOT meeting.


Following much discussion, Chairman Moyer made the motion that the Board approve the T.I.P. recommendations for presentation at the November 21st  DOT meeting for inclusion in the final 2004-2010 T.I.P.  All voted in favor and the motion carried.


2.         Regional Water Agreement Update

Chairman Moyer stated that after the discussion at the last Board meeting, he and Angela Beeker had drafted an agreement which put together the ideas supported by the Commissioners.  He met with representatives of the City of Asheville and delivered the agreement to them.  At this time he had heard nothing back from them. 


3.         E-Communities Update

David Nicholson reminded the Board that they had received a $10,000 planning grant for the effort in Henderson County.  Henderson County has been awarded a $12,000 grant from the group for public access upgrades.  Our first priority was to upgrade the branch libraries to provide higher speed Internet access to our public branch libraries.  That was approved and we will proceed with that.  The second grant was to put a public access terminal at the hospital and at Travel and Tourism and it was not approved.  Blue Ridge Community College received a grant from the same group for digital literacy.  They are setting up a digital literacy program at both Henderson and Transylvania county sites.  As part of this effort we will receive a free printer for the public use at one of our public access sites as well as some additional software.  Henderson County was also certified as an official certified E-Community for the State of North Carolina.  Mr. Nicholson had a framed certification signed by the Governor and State Representatives.  He will display the certification on the wall in the big meeting room.




Selena Coffey reminded the Board that in 2001 the Board approved an application to go to the State for the adaptive reuse of the East Flat Rock School building to be turned into apartments for senior citizens.  We were told at that point in time that because we were a tier 5 county that we would not receive those funds.  Now the State has some funding left for CDBG and we have been informed through Regency Development that those funds will be available to Henderson County for this project.  In order to get funded we must write a letter to NC Division of Community Assistance (DCA) asking that they send us a commitment for those funds, to let us know that we will receive those funds.  The letter will also have to ask them to waive Henderson County to allow us to be able to hold more than one CDBG grant in the year 2002.  The other requirement is that the Board of Commissioners commit to scheduling two public hearings.  Regency had requested that the Board schedule the public hearings, the first one for November 20 at the regular Board meeting and the second hearing at the December 2 Board meeting.


Tracy Dusenbury of Regency Investment Associates, Inc. (formerly Regency Development Associates, Inc.) was present to answer any questions about the status of the East Flat Rock School Project (Parkside Commons).  She requested that the Board commit to hold two public hearings, file the application before year-end, and commit to spend the $112,500 requested in CDBG funds on the Parkside Commons project.  These funds had been requested in order to extend sewer service to the project and remove hazardous materials from the building. 


Mr. Nicholson reminded the Board that the community had been very supportive of this project since its inception.  The project offers the County the opportunity to rehabilitate a historic building while providing housing to our senior citizens.  He recommended that the Board support this project by writing the letter as indicated, committing to the necessary public hearing requirements, and authorizing the filing of the application by year-end. 


Following discussion, Commissioner Hawkins made the motion to request the waiver from DCA and set the dates for the two public hearings.  All voted in favor and the motion carried.



Tom Bridges, Public Health Director, informed the Board that Park Ridge Hospital had offered funding for the purpose of expanding the Women, Infants, and Children (WIC) program sites in their hospital facility and at Blue Ridge Community Health Services.  The funding is for the purpose of improving accessibility and continuity of care for citizens in Henderson County.  Park Ridge Hospital also desires to expand the highly successful Lactation (Breast Feeding) project offered through the Henderson County Department of Public Health.  Two new positions, a nutritionist and an administrative assistant, were requested to serve as full-time project employees of the Health Department, fully funded through the financial support of Park Ridge Hospital.


Mr. Bridges stated that we had a breast feeding success rate of being one of the worst in the State and in one year turned it around to being the top in the State.  The new program will be offered at the Park Ridge Hospital as well as at Blue Ridge Health.


Mr. Nicholson informed the Board that this request would require no County funding and he recommended that these positions be approved as project positions for the contract period with Park Ridge Hospital.


Following discussion, Commissioner Gordon made the motion to approve two project positions associated with the contract with Park Ridge Hospital as proposed.  All voted in favor and the motion carried.



Mr. Bridges, on behalf of the Henderson County Board of Health, requested that the Henderson County Board of Commissioners approve the establishment of a $200.00 fee for Food and Lodging Plan Review Services as applicable within guidelines of the State, effective immediately.  The Environmental Health Specialist must review the kitchen lay-outs and design features to approve a proposed plan for a new restaurant or food establishment for conformity to the state guidelines. Each review takes an average of 4.5 hours to complete.


Mr. Nicholson stated that the Environmental Health Staff spends substantial time in Food and Lodging Plan Review Services and until now have not been permitted to charge a fee for these services.  Collecting the proposed fee would allow the County to recoup some of the expenses associated with this service.  He recommended that the Board adopt this fee and implement it immediately.


Commissioner Gordon pointed out that the Board of Health had discussed this and had voted to ask the Board of Commissioners to approve it.  It is a one-time charge for an extensive service.  Tom Bridges and his staff plan to develop a hand-out that would be available for people who are thinking about opening a restaurant to help answer their questions.


Commissioner Gordon made the motion to establish the fee for Food and Lodging Plan Review Services in the amount of $200.00 effective immediately.  All voted in favor and the motion carried.



There were none.



Tom Bridges, on behalf of the Henderson County Board of Health, recommended that the Henderson County Board of Commissioners adopt the proposed basic New Animal Services Ordinance in the form it is offered in the first section of the prepared document.  Amendments included in the second section were not to be considered as formally recommended by the Board of Health but were included as optional additional services that warrant discussion and consideration in the future.


The Board of Commissioners had been distributed copies of the draft report entitled AHenderson County Board of Health Planning for Animal Services.@ The report was based on about a year-long study by the Animal Control Committee.  Mr. Bridges stated that they will have the entire document on the web page for the Health Department for review.  A copy will be available at the Library and at the Health Department for public inspection. 


Commissioner Gordon thanked Tom Bridges and Robert Smith as well as Brenda Miller and Dr. David Chapman for their work on this document.


Chairman Moyer deferred any action at this time stating the Board would likely set a workshop on this Ordinance in December after the two new Commissioners come on board.



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)(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.


3.(a)(5)            To establish, or to instruct the public body=s staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating(l) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange or lease; or (ll)the amount of compensation and other material terms of an employment contract or proposed employment contract.


4.(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.



Mr. Raby made a presentation to the Board asking permission to construct and place a Korean War Memorial in front of the historic courthouse on Main Street.  He showed a full scale model of the proposed memorial they plan to construct. Mr. Raby stated that the Korean War was the only war not covered by a monument in front of the historic courthouse.  They hope to begin a fund raising project in November.


Jim Jean explained that the design of the monument, blue and white ribbon with two stars, symbolizes the Korean Service ribbon.  The two silver stars are battle stars and each star represents  five campaigns.  In the Korean War there were 10 campaigns.  He stated that they wanted to stress that AFreedom is not free@ and therefore that will be written across the front of the monument. 


Commissioner Hawkins served in Korea, and felt this was an appropriate symbol for those who served during that war.  He encouraged the Board to allow it to be presented in front of the old courthouse.


Chairman Moyer made sure that they understood that we reserve the right to move any of the memorials at the courthouse.  We would take efforts to keep everything in as good shape as possible.

Commissioner Hawkins made the motion to approve the request. All voted in favor and the motion carried. 


PUBLIC HEARING To Consider the Financing Documents for the Proposed Financing of the Renovations to the Human Services Building


At approximately 7:00 p.m. the Chairman stated that the purpose of the meeting was to hold a public hearing and take action on a resolution concerning installment financing by the County for the purchase of real properties for the proposed Human Services Building.


The Chairman asked for a motion to open the public hearing.  Commissioner Ward moved that the public hearing be opened.  The motion was seconded by Commissioner Messer and was unanimously adopted.


The public hearing was opened so that anyone who wished to be heard on the proposed project and the installment financing documents could be heard.  The Finance Director presented an affidavit of an officer of the Times News showing publication on October 25, 2002 of a Notice of Public Hearing.  The Chairman directed that the affidavit of publication be attached to this extract as Exhibit A.


County Attorney Angela Beeker offered some minor corrections to the financing documents at this time.


The Chairman inquired whether there were any persons who wished to speak at the public hearing. No one had signed up to speak to this issue and no one came forward when announced.


The Finance Director then introduced the following resolution by title:







WHEREAS, the Henderson County, North Carolina (the AUnit@) has previously approved and determined to receive construction bids for the renovation of the Human Services Building (the AProject@); and,


WHEREAS, there have been presented the following draft agreements (the AAgreements@) which the Unit proposes to execute in connection with the financing of the Project, copies of which shall be filed with the Unit=s records:


(1)       A draft of a Financing Agreement and Deed of Trust to be dated as of TO BE INSERTED (the AFinancing Agreements@), from the Unit to a deed of trust trustee for Branch Banking & Trust Company=s (BB&T) benefit, providing for BB&T to finance a portion of the Unit=s undertaking of the Project, and providing a separate security interest in the Properties to BB&T to secure the Unit=s performance of its obligations under the Financing Agreements; and

(2)       A draft of the County=s Closing Certificate (the ACounty=s Closing Certificate@).

(3)       A draft of the Use of Proceeds Certificate (the AUse of Proceeds Certificate@)

(4)       A draft of the Project Fund Agreement (the AProject Fund Agreement@)


WHEREAS, the Unit duly conducted a public hearing on November 4, 2002 regarding the Financing Agreements to finance the construction of the Facilities.




1.         The Unit hereby affirms its decision to undertake the Project if the construction bids received are

acceptable.  The Unit hereby determines to accept the proposal from BB&T dated 10/22/02 to finance the Project in accordance with the plan of financing described in the Agreements referenced above. All actions of the County effectuating the proposed financing are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the documents referenced above.


2.         Each of the Financing Agreements is hereby approved, and the Chairman of the Board, the County Manager, the County Attorney, and the Finance Director as the case may be, are hereby authorized and directed to execute the Financing Agreements and to deliver the same to the appropriate counter parties when the conditions for delivery have been completed to the satisfaction of such officers, and the Clerk (or any assistant clerk) is hereby authorized and directed to affix the Unit=s seal to the Agreements and to attest the same.  The Agreements shall be in substantially the forms submitted at this meeting, which are hereby approved, with such changes as may be approved by the officer executing such agreement, such officer=s execution and delivery to the counter party to constitute conclusive evidence of approval of any such changes.  The Agreements in final form, however, must provide (a) for the Unit to finance a total of not more than $7,700,000.00; (b) for the Unit=s obligation to repay the amounts advanced to bear interest at an annual rate of not more than 4.59 percent; (c) the term of the Agreements shall not exceed fifteen (15) years; and the annual payments to be made under the Agreements.


3.         The Unit=s payment of Installment Payments, as defined in the Financing Agreements, shall be subject to annual appropriation of funds by the Board.  The Unit shall not be obligated to make any Installment Payments beyond those for which funds have been appropriated in the Unit=s sole discretion during the Unit=s then-current fiscal year.  The Financing Agreement shall not constitute a pledge of the Unit=s full faith and credit.  Neither the Unit=s full faith and credit nor its taxing power is pledged directly, indirectly or contingently to secure any moneys due BB&T.


4.         The Unit=s officers are hereby authorized and directed to deliver all certificates and instruments

and to take all such further action as they may consider necessary of desirable in connection with the execution and delivery of the Agreements and the consummation of the transactions contemplated thereby, including delivering a certificate setting forth the expected use and investment of the proceeds to be derived from the execution and delivery of the Financing Agreement (the AProceeds@), and to make any elections such officers deem desirable regarding any provision requiring rebate of earnings to the United States, for purposes of complying with the provisions of the Internal Revenue Code of 1986, as amended, including applicable Treasury regulations (the ACode@), applicable to arbitrage bonds.


5.         The Unit shall not take or omit to take any action the taking or omission of which will cause its

obligations to pay Installment Payments (the AObligations@) to be Aarbitrage bonds@, within the meaning of Code Section 148, or otherwise cause interest components of Installment Payments to be includable in the gross income for Federal income tax purposes of the registered owners of the Obligations.  Without limiting the generality of the foregoing, the Unit shall comply with any provision of the Code that may require the Unit at any time to pay to the United States any part of the earnings derived from the investment of the Proceeds.  The Unit shall pay any such required rebate from its general funds.


6.         All other actions of the Unit officers in conformity with the purposes and intent of this resolution and in furtherance of the execution and delivery of the Agreements and the consummation of the transactions contemplated thereby are hereby approved and confirmed.


7.         All other resolutions or parts thereof in conflict herewith are hereby repealed.


8.         This resolution shall take effect immediately. 


This the 4th day of November, 2002.


Mr. Nicholson informed the Board at this time that he had received the commitment letter from BB&T.  The term of the loan is 15 years at 4.59%; however, contingent on getting the commitment letter there was a notation that they will require a 1% fee on the amount of the new part of the loan. There was some discussion. 


Commissioner Ward moved that the public hearing be closed.  The motion was adopted unanimously.


Much discussion followed.



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


Commissioner Gordon moved that the Board proceed with the acceptance of bids on the current time table for the abatement and demolition part of the project and extend the date 90 days for receiving bids on the construction part of the project and take no further action at this time on financing on this particular package. A vote was taken and the motion was adopted unanimously.


Chairman Moyer stated that he felt the direction was clear that the Board wished to look at other financing options.


Commissioner Gordon had polled the Board of Health at their meeting last week about this project and asked them if the criteria that they felt were important had been met in the project and if they felt it should go forward, assuming that the price was right.  The Board of Health was very supportive of this and felt it should be kept moving.  She stated that the Health Department is very concerned about increasing case loads that are coming in and the need for space.  She hoped that the Board could keep this project going forward.



David Nicholson reminded the Board that the Criminal Justice Partnership Act funds were approved by the General Assembly although for a lesser amount. The State had requested that we indicate our interest in receiving these funds.  Mr. Nicholson had asked Selena Coffey to coordinate a meeting of the Criminal Justice Partnership Program (CJPP) Committee to bring forth a recommendation to the Board on its use.  However, the State needs to know now if we are planning to use these funds so that they can be locked in.  


Mr. Nicholson recommended the Board approve seeking these funds from the State, $63,184.00.  He had provided the grant award contract for the Board=s review.


Following discussion, Commissioner Hawkins made the motion to inform the State that the Board wished to seek these funds.  All voted in favor and the motion carried.



Request for Public Hearing for Road Names

Rocky Hyder requested the Board set a date for a public hearing to establish road names.  He made one addition to the list - AJustus Case Mtn. Place@ under new road names.


Staff recommended the public hearing be set for November 20 at 11:00 a.m.


Commissioner Hawkins made the motion to set the public hearing for Wednesday, November 20 at 11:00 a.m.  A vote was taken and the motion passed four to one with Commissioner Ward voting nay.


Set Public Hearing on Rezoning Application # R-04-02 (R-T to C-4)

Karen Smith informed the Board that Mr. Nathan Benson had submitted an application requesting that the County rezone one parcel totaling 1.25 acres from an R-T Residential Transient zoning district to a C-4 Highway Commercial zoning district.  The parcel proposed for rezoning (the Subject Parcel) is located on the southwestern side of US 25 North, at the intersection of Cely Drive and US#25N, less than 0.20 miles north of the intersection of Brookside Camp Road and US#25N.


The Henderson County Planning Board reviewed the application at its meeting on Tuesday, October 15, 2002, and voted to recommend to the Board of Commissioners that the Subject Parcel be rezoned from R-T to C-2 Neighborhood Commercial, rather than C-4 Highway Commercial.  Before taking action on the application, the Board of Commissioners must hold a public hearing.  Staff proposed that the hearing be scheduled for Wednesday, December 18, 2002, at 11:00 a.m.  When setting the hearing, the Board may wish to consider advertising that the parcel is being considered for either C-2 or C-4 zoning.


Mr. Nicholson recommended that the Board of Commissioners schedule a public hearing on the rezoning application for Monday, December 18, 2002 at 11:00 a.m., and that notices of the hearing indicate that the subject property is being considered for either C-2 or C-4 zoning.


Following discussion, it was the consensus of the Board to hold the public hearing at the first meeting in January. 


Commissioner Ward made the motion to set the hearing for January 6, at 7:00 p.m.  All voted in favor and the motion carried. 




There being no further business to come before the Board, Commissioner Hawkins made the motion to adjourn the meeting at 8:18 p.m.  All voted in favor and the motion carried.





 Elizabeth W. Corn, Clerk to the Board                      


William L. Moyer, Chairman