STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                              MAY 21, 2003


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 Grady Hawkins, Vice-Chairman Larry Young, Commissioner Bill Moyer, Commissioner Charlie Messer, Commissioner Shannon Baldwin,  County Manager David E. Nicholson, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.


Also present were: County Engineer Gary Tweed, Budget and Management Director Selena Coffey, Planning Director Karen C. Smith, Finance Director J. Carey McLelland, Paralegal Connie Rayfield, Risk Management Director Bill Byrnes, Public Information Officer Chris S. Coulson and Deputy Clerk to the Board Amy Brantley.



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



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



Rev. Scot Wade, Church of the Nazarene, led the invocation.



Chairman Hawkins added to the agenda along with Staff Reports #2 - BRCC Site Issues, an update on the recent Carolina Apparel Building bid opening, and D-2 under Staff Reports, Update on LGCCA meeting. He also added to the Consent Agenda, Item AJ@- Extension of Time for Metromont Materials.


Chairman Hawkins noted a change to the May 5, 2003 minutes, a spelling change on page seven.


Chairman Hawkins made the motion to approve the revised agenda and the Consent Agenda as amended.  All voted in favor and the motion carried.



The CONSENT AGENDA consisted of the following:


Draft minutes were presented to the Board of the following meeting(s) for review and approval:

May 5, 2003     regular meeting


Tax Collector=s Report

Terry F. Lyda, Tax Collector, had provided the Tax Collector=s Report dated May 19, 2003 for the Board=s consent approval.


Darlene Burgess, Deputy Tax Collector, had provided the Deputy Tax Collector=s Report dated May 12, 2003 for the Board=s consent approval.


Tax Release

A list of 103 Tax Release requests was presented for Board approval.


Tax Refunds

A list of 3 Tax Refund requests was presented for Board approval.

NCACC Risk Management Pools - Revised Interlocal Agreements

The Board of Trustees of the NC Association of County Commissioner=s three Risk Management Pools has revised the Interlocal Agreements, which provide for participation in each by counties.  The NCACC  requested that the Board of Commissioners re-adopt a resolution providing for participation in the Interlocal Agreement that forms each pool. Therefore, since Henderson County participates in all three pools, Group Benefits, Liability and Property and Worker=s Compensation, the Board would need to adopt the three separate prepared resolutions.


Waterline & Sewerline Extension(s)

The City of Hendersonville had requested any County comments on proposed waterline/sewerline extension(s).  A waterline extension was requested for Liquidlogic, 330 lineal ft of 6" Ductile Iron Pipe(DIP)/CL150 and 1044 lineal feet of 8" DIP/CL150.  The project is in an Open Use District, no special review is needed.  This is a project to extend existing water lines to provide water service to LiquidLogic.


In answer to the question does the project conform with the County Land Use Plan - In terms of the extension of utilities, the project conforms with the County=s 1993 Land Use Plan in that the subject property falls within the Urban Services Area on the Urban Services Area map (figure 17).  Figure 17 and associated recommendations in the Plan were intended to help guide the extension of water, sewer, and other utilities.  Regarding land use, the project does not entirely conform to the 1993 Plan because Figure 14, the Land Use Plan map, designates the area in the vicinity of the subject property as AResidential.@


Staff Comments/Recommendations:

NC Fire Prevention Code requires a fire hydrant within 400 feet of any portion of the building(s). 500 gpm flow rate can be excepted due to Blue Ridge FD portable water insurance class rating.


Request for Extension of Improvement Guarantee for Park Ridge Medical Office Building Subdivision

On November 20, 2002, the Board of Commissioners approved an application submitted by Beverly-Grant, Inc., agent for Park Ridge Hospital and Park Ridge Hospital Medical Office Building, L.L.C., for an improvement guarantee for the Park Ridge Medical Office Building Subdivision.  As required by the Performance Guarantee Agreement for the improvement guarantee, the developer deposited with Henderson County $11,809.00 in certified funds to cover the cost of completing road improvements to serve a new office building and parking areas for a tract that previously was part of the Park Ridge Hospital property. The Agreement also required that the required improvements be completed by May 1, 2003.


The Planning Department received a request from Beverly-Grant, Inc., requesting that the County extend the deadline for completing the improvements specified in the original Agreement from May 1, 2003 to May 1, 2004.  The letter cites adverse weather conditions as the reason for the extension request.  Section 170-39 of the Subdivision Ordinance allows the Board of Commissioners Aupon proof of difficulty@ to grant extensions to completion dates for improvement guarantees for a maximum of one additional year, provided that the time between initiation and completion of the required improvements does not exceed two years.


If the Board of Commissioners agrees to extend the completion date for the improvement guarantee for Park Ridge Medical Office Subdivision, staff had attached for the Board=s consideration a draft Performance Guarantee Agreement which reflects the new completion date of May 1, 2004 and provides that the certified funds previously deposited with the County remain on deposit.  The new Performance Guarantee Agreement must be executed by the relevant parties if the Board approves the extension request. 


The County Manager informed the Board that the extension, if granted, would not cause the developer to exceed the two-year maximum time period for completion of the required improvements.  Therefore, he recommended that the Board approve the request to extend the completion date for the improvement guarantee for Park Ridge Hospital Medical Office Building Subdivision to May 1, 2004, provided the certified funds previously deposited with the County remain on deposit in accordance with the new Performance Guarantee Agreement.


To Purchase Foreclosed Property Offer

Lot 16 and easement crossing Lot 17 of Cold Springs Park Subdivision

On April 7, 2003 the Board of Commissioners gave acceptance of a bid submitted on Lot 16 and easement crossing Lot 17, Cold Springs Park Subdivision in the amount of $10,700.00 by the City of Hendersonville.  This property was acquired pursuant to a Sheriff=s Sale, held for the nonpayment of taxes in 1972.  Pursuant to the Policy Regarding the Sale of Real Property Owned by Henderson County As a Result of a Tax Foreclosure Sale, this bid was advertised in the Times-News on April 26, 2003 and a ten day period has passed since that date and no upset bid has been received.  The proper paperwork, including a signed release and deposit, are on file for this bid.  The County Attorney submitted this bid for final acceptance by the Board.


If the Board is inclined to accept the City of Hendersonville=s bid, the Commissioners should approve the proposed resolution that accepts the offer and authorizes the sale to the City of Hendersonville base on the bid of $10,700.00 they submitted.


Proclamation - Nursing Assistant=s Week 2003


































CLERK TO THE BOARD                                                  CHAIRMAN, BOARD OF COMMISSIONERS


Extension of Time for Metromont Materials

In May of 2000, the County entered into an incentives agreement with Metromont Materials Corp. (AAgreement@), to increase the taxable capital investment in Henderson County. The Agreement requires that Metromont make a capital investment through constructing a new facility in the amount of $11 million. In exchange, the County agreed to pay $110,400.00 in incentives for sewer installation to be paid over a 3-year period. The Agreement requires that Metromont complete its capital investment and job creation no later than May 30, 2003. It also requires that they certify that the capital investment is complete and paid for and the job creation is complete by June 30, 2003. The Term of the Agreement is to run through December 31, 2006.


The land has been purchased for the new facility but their plans for construction have been delayed due to a downturn in the economy. They have therefore requested that the dates be extended. They would like the deadline for completion to be extended to December 31, 2006, and the date for certification to be extended to January 31, 2007, therefore the Term of Agreement is to run through December 31, 2006.


An addendum to the incentives agreement prepared by the County Attorney was included for the Board=s consideration.



Notification of Vacancies

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

1.                Alliance for Human Services - 1 vac.

2.                Blue Ridge Community College Board of Trustees - 2 vac.

3.                Cane Creek Water and Sewer District Advisory Committee - 2 vac.

4.                Environmental Advisory Committee - 9 vac.

5.                Henderson County Board of Health - 3 vac.

6.                Jury Commission - 1 vac.

7.                Juvenile Crime Prevention Council - 19 vac.

8.                Land-of-Sky Regional Council Advisory Council on Aging - 2 vac.

9.                Library Board of Trustees - 2 vac.

10.             Mountain Area Workforce Development Board - 1 vac.

11.             SmartStart - 1 vac.

12.             Solid Waste Advisory Committee - Appointment of a Chairman

13.             Land-of-Sky Regional Council - Economic Development Representative - 1 vac.


Chairman Hawkins made the motion to appoint Larry Blair to replace Scott Hamilton as the economic development representative on the Land-of-Sky Regional Council. All voted in favor and the motion carried.



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


1.                Nursing/Adult Care Home Community Advisory Committee - 9 vac.

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


2.                Mountain Area Workforce Development Board - 1 vac.

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


3.                Cane Creek Water & Sewer District Advisory Committee

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




4.                Travel & Tourism - 1 vac.

Vanessa Mintz had been  nominated for this Board at the last meeting. Commissioner Baldwin  nominated Mike Baer and Commissioner Moyer nominated Mike Horton.   The Clerk was asked to poll the Board and the outcome was as follows:

Commissioner Moyer                Mike Horton

Commissioner Messer               Mike Horton

Chairman Hawkins                   Vanessa Mintz

Commissioner Young                 Vanessa Mintz

Commissioner Baldwin              Mike Baer


The Clerk polled the Board again, this time their vote going to either Mike Horton or Vanessa Mintz. The outcome was as follows:

Commissioner Moyer                Mike Horton

Commissioner Messer               Mike Horton

Chairman Hawkins                   Vanessa Mintz

Commissioner Young                 Vanessa Mintz

Commissioner Baldwin              Mike Horton


Mike Horton was appointed to the Travel and Tourism Committee.


5.                Juvenile Crime Prevention Council - 1 vac.

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


6.                Transportation Advisory Committee - 2 vac.

Erica McArthur, Jim Crafton and Jack Summey had been nominated for this Committee at the last meeting. There had also been some discussion about the possibility of increasing the membership on the Board to accommodate an additional representative for the City of Hendersonville. It was the pleasure of the Board to defer this item until the Transportation Advisory Committee was discussed later in the agenda.


Environmental Advisory Committee

The Environmental Advisory Committee (EAC) was created by the Board of Commissioners on March 17, 1999.  The Committee was granted an initial two year term, that was extended on May 7, 2001 and is due to expire on June 30, 2003.  The Board should consider whether it wishes to extend the term of this Committee.  In extending the life of such Committee the Board can either set a term of year(s) or continue the Committee indefinitely.


Chairman Hawkins made the motion to extend the charter for the Environmental Advisory Committee indefinitely. There followed some discussion over a sentence in the charter that read AThe Board of Commissioners, who shall approve all projects of this committee, will determine tasks or projects of the committee.@ Fielding Lucas, the EAC chairman, stated that the committee had interpreted that statement to mean that the committee would only act on the direction of the Board. Following some additional discussion, it was the consensus of the Board to delete that sentence entirely from the charter.


Chairman Hawkins amended his motion to extend the charter for the Environmental Advisory Committee indefinitely, and to delete the aforementioned sentence from the Charter. All voted in favor and the motion carried. 


Transportation Advisory Committee

At the Board=s meeting on May 5, 2003, the Commissioners discussed the possibility of increasing the membership on the Transportation Advisory Committee (TAC).  Currently membership consists of a total of 18 members, including four members suggested by the municipalities (1 member being suggested by each).

Jack Lynch, Chairman of the Transportation Advisory Committee, spoke to the Board regarding the membership on the Board. He also discussed the County=s involvement in the MPO, and the Memorandum of Understanding. The Memorandum of Understanding will determine the makeup of representation in the MPO, and how much participation Henderson County will have.      


Commissioner Moyer explained that he envisioned a merging of the two existing thoroughfare planning committees (Henderson County and the City of Hendersonville), so there would be one group working in common on the thoroughfare plan. He stated that if two members were added to the thoroughfare planning committee, which is a subcommittee, then the issue of them coming onto the TAC would not be raised. Jim Crafton and Erica McArthur had been recommended as candidates from the City to go on the thoroughfare planning committee, not necessary on the full Board.


Chairman Hawkins stated that he would have some correspondence with the TAC to sharpen their focus, and the Board could proceed with the nominations of the two vacant seats. The Clerk was asked to poll the Board, with each Commissioner having two votes and the outcome was as follows:


Commissioner Moyer                Jack Summey

Commissioner Messer               Jack Summey

Chairman Hawkins                   Jack Summey and Jim Crafton

Commissioner Young                 Jack Summey and Jim Crafton

Commissioner Baldwin              Erica McArthur and Jim Crafton


Jack Summey and Jim Crafton were appointed to the Transportation Advisory Committee.


David Nicholson requested clarification on staff direction from the Board, stating that he understood the Board wished for Henderson County to be involved in the MPO, and Memorandum of Understanding process. Staff will begin attending those meetings, and will keep the Board informed of what decisions are being made at that level. Chairman Hawkins stated that is a matter of participating, so the County will know what is coming rather than being forced into an MPO with a Memorandum of Understanding in which we were unable to participate in the genesis.    



Spence Campbell, Chair of the Historic Courthouse Committee provided the Board with a mid-term report of their activities, as required by their Charter. He stated that the Committee had spent the past three months gathering information which provided a sense of the work that had been done in the past in order to gain a feel for the details associated with that effort and for any future use of the building. That was important because the committee wanted to do a comprehensive review of all the potential options for the use of the building. Looking at the previous studies, the committee was able to appreciate the scope of the repairs needed, the time required to do them, and the associated costs.


The committee created subcommittees responsible for assessing the generic construction needs, developing options for it=s use, analyzing the cost of any recommendations for it=s use, and communicating with the public. Mr. Campbell stated that it is not just a building being looked at, it is a site. He stated that it is a site that has the ability to make a major impact on the community at large.


At their most recent meeting, the Committee focused on three possible options for the use of the courthouse: public offices, private offices, or a combination of both of those. The option of turning the building into a museum had also been discussed. The committee will look at all of those options, as well as their related issues including: the jail, the annexes, the role of the building in the community, the administration of the facility,  the ability to generate income, the back part of the site, parking and finances.


Mr. Campbell distributed several graphical representations of the courthouse at either current or previous stages in it=s existence, as well as several possible representations. The various views portrayed were:

C                  The original courthouse

C                  The courthouse in it=s current configuration, with annexes and jail, seen from the front

C                  The courthouse in it=s current configuration, with annexes and jail, seen from the northwest

C                  The courthouse with the jail removed, but the annexes in place, and a back surface parking lot

C                  The courthouse with the jail removed, annexes in place, a service annex in place of the jail, and a back surface parking lot

C                  The courthouse with the jail removed, annexes in place, a service annex in place of the jail, and a two story parking deck

C                  The original courthouse with greenspace available in the back for an open air market

C                  The courthouse with the jail and annexes removed, a new building built on the back which would house commercial enterprises such as shops or tourist related concerns, and a two story parking deck


Mr. Campbell stated that those schematics give an idea of the scope of the ideas that have been considered. None of those have been related to actual uses of the building, but they were used to show the various configurations under consideration. He noted that the simple solution for paying for any renovations for any option would be to have a public referendum and to use a bond. Various financing options are being looked at in view of the significance they attach to being fiscally responsible.


Input from the community suggests that there is strong support for fixing the courthouse, and doing it soon. There is a great deal of respect in this community for it=s past, even among many who have only recently become residents. This may suggest a willingness to use public funds for the project.  



Chairman Hawkins requested that Ms. Beeker give an update on the recent bid process so the records could be closed on that issue. Ms. Beeker reminded the Board that they had directed that the former Carolina Apparel Trading Building be placed out for bids. The County advertised in Hendersonville, Asheville and Charlotte newspapers. The bid opening was Friday, and no bids were received. That process was then closed. It will be up to the Board to decide how to proceed with regards to that building in the future.  


David Nicholson reminded the Board that at a previous meeting, the Board directed staff to have soil samples tested at the possible site for the Human Services Building at Blue Ridge Community College.  The engineering firm of  S&ME was employed to perform the tests and provide the County with a report of their findings. Because the report was so technical, Mr. Nicholson asked Gary Tweed and Bill Byrnes to interpret the report and clarify it for the Board.


Gary Tweed provided the Board a map showing the potential layout of the project using one area for the Human Services Building, one for Land Development and a third for the animal shelter. Mr. Tweed discussed the following summary of what the soil borings showed at the site.




Health & Human Services



Land Development



Animal Shelter



Depth to Ground Water


6' TO 10'


4' TO 5'


8' TO 8.5'


Top Soil


4" - 8"


5" - 7"


5" - 6"




3' - 6'


6' - 12'


5.5' - 12.5'




6' ON


12' ON


12.5' ON




2' - 4'


2' - 4'


1' - 1.5'


Fill Requirement


UP TO 10'


UP TO 7'




Mr. Tweed stated that the report classifies the sites as marginal, he didn=t know that he would go that far. Especially when looking at two story buildings, which would be needed for the square footage, he felt that would be very questionable. Mr. Tweed answered questions from the Board on the report.


Bill Byrnes stated that was also the conclusion drawn by both the architectural and structural engineering firm that looked at the soil report and the conceptual building design. They stressed using caution, and the structural engineer recommended no two story building of any size be put on the site without concrete piling.  The calculations run to determine the loads for the columns and footings indicated that even with putting concrete pilings in that soil, as much as one inch of settlement could be experienced, and possibly 2 inch of differential settlement. A structural system would have to be used to compensate for that movement to prevent breaks and cracks.


Chairman Hawkins noted that it would have been great if the soil had been better, and would have made it an area to seriously consider in the total cost picture. The other piece of that would been how much was bid on the current site on Spartanburg Highway. Since neither of those panned out, he felt the County is back to taking a hard look at either renovation of the existing Carolina Apparel Trading Building (CAT), or tearing it down and building a two story pre-engineered building. There had been some indication that it would be cheaper to demolish the existing building, and build a new structure.


Commissioner Messer stated that he regretted the BRCC land did not appear feasible, but that taking the Carolina Apparel Building and renovating it would probably not be wise in the long run. However, he felt the County should move forward with an eventual solution for the problem.


Commissioner Baldwin stated that he did not feel the BRCC property could be used. He felt the two story  pre-engineered building should be looked at for the existing site on Spartanburg Highway.


Commissioner Young stated that he felt the county had wasted $14,000 on the soil borings. The roads would not stand the traffic out there, and now the soil has proven unsuitable. He agreed that a two story  pre-engineered building could be erected cheaper that renovating the existing building, and that the existing blueprints could be used as a footprint for that. He stated that it was time to move forward and make the best of the situation.


Commissioner Moyer stated that he was opposed to using the CAT site, he did not feel that it allowed space for growth and it was just not the right place. He questioned whether the County had ever really looked for the ideal site.


Chairman Hawkins stated that he did not feel there could be a better location from the perspective of convenience to the public. He felt the direction that should be given to the County Manager would be to proceed forward on the project with respect to bringing some information back to the Board on the possibility of tearing down the existing structure and erecting a two story pre-engineered building. He stated  that the County needs a Human Services Building, the Department of Social Services needs it and certainly the Health Department is long overdue in their need to provide services to the County.


David Nicholson stated that there were two ways to go. First, you can go through the formal selection of an architect and if the Board is ready to do that, it would be the proper route. Second, an architect could be hired to do a feasibility study on tearing the building down, and provide some conceptual plans. The route taken would depend on how quickly the Board wished to proceed. Commissioner Baldwin stated that he felt the Board should have a clear philosophy on the direction of county services prior to commissioning an architect.


Following some discussion, Chairman Hawkins made the motion to have staff engage a consultant for a feasibility study of converting the plans and looking at a two-story building with a razed Carolina Apparel Building as part of that scenario. Following much additional discussion, a vote was taken on the motion. The motion carried 4-1 with Commissioner Moyer voting nay.



As required by NCGS 159-11(a), the County Manager, serving as the Budget Officer presented the FY 2003-2004 budget for consideration by the Board of Commissioners and requested the Board set budget workshops. Mr. Nicholson reminded the Board that in his budget message last year, he had considered 2002-2003 a year of bridging the gap between the past and future fiscal years. Some of the ways those gaps were bridged, has caused some concern over how this budget was put together. Because of the continued uncertainty at the state level, and the possible incorporation of Mills River, the budget reflects very minimal growth. He then reviewed the following highlights of the budget:

C                  A typical line item budget was presented.  Also presented was a summary of each department=s functions, goals and objectives, special provisions, a breakdown of expenditure by personnel, operations, capital, and revenues. A recap of personnel over the past three years was included, as well as service levels and indicators over three years. 

C                  The budget as recommended was $78.9 million. Based on last year=s starting point, that reflects about a 2.5% growth.

C                  Currently, sales tax is distributed on a population basis. With the incorporation of Mills River, he projected that on an annual basis, the county will lose $1 million in sales tax and revenues. It appears that the incorporation will take effect in January, 2004. Therefore six months of those revenues were projected.

C                  Because of the loss of the sales tax, the monies available for schools are taking a hit in the capital accounts.

C                  The Assessor=s office has projected the valuation of Henderson County to be $8.75 billion. Based on this the proposed tax rate for the coming year was $.46 per $100 valuation. Compared to the rest of the counties in North Carolina, Henderson County would be about the 5th lowest.

C                  Article 44 sales tax was budgeted, which was a substantial assistance to the budget. While sales have been flat, there was not much growth for this figure.

C                  21 positions were requested in the budget, but none are being recommended.

C                  There had been a noted increase in the cost of insurance, particularly in Worker=s Compensation Insurance which experienced a 94% increase. An increase in medical insurance costs was about 15%.

C                  An increase in the IT Department budget was due to Y2K equipment replacement.

C                  Funding for the County Comprehensive Plan.

C                  Cable Franchise Fees have been redirected for the joint operation of the cable channel with BRCC.

C                  Veteran=s Services will become a function of the Risk Management Department.

C                  Begin the phase out of the motor vehicle leasing program, doing an installment purchasing contract  for a three year program.

C                  The Animal Shelter has been funded as a capital project using $400,000 from fund balance.

C                  $50,000 for the EMS Substation.

C                  $250,000 for the Historic Courthouse/Jail Demolition/Committee recommendations.

C                  Capital Equipment totals came to $148,120.

C                  There was no major increase in funding for education, the recommendation being $438,445 in current expense, about a 3% increase.


Mr. Nicholson thanked the Department Heads for their efforts the past several years to keep services up in tight budget years. He also thanked Selena Coffey and Carey McLelland for their help with the budget.


He mentioned the following several projects he felt the Board should continue to give consideration to: additional funding for the school system, a staffing and salary study, DSS funds for daycare, funds to improve the park systems.

Commissioner Messer asked Mr. Nicholson to clarify for the public that the sales tax rate in Henderson County would go to 7% on July 1st, just like most other counties in the state. Mr. Nicholson noted that the 2  cent sales tax that was added by the state almost two years ago was originally meant to replace county reimbursements from the state. It was supposed to sunset on June 30, 2004. What the state ended up doing of course was keeping that 2 cent, and offering the counties the option of adding an additional 2 cent. That temporary sales tax had been continued for the next several years.  


Chairman Hawkins made the motion to set the Public Hearing on the Budget for June 2, 2003 at 7:00 pm. All voted in favor and the motion carried.



1. Dick Baird - Mr. Baird spoke to regionalism, and recommended the Board go into the Memorandum of Understanding enthusiastically to assure Henderson County a position of responsibility and leadership on the MPO once established. He felt the $.46 recommended tax rate was a commendable figure, however a  $78.9 million budget would be a 5% increase over the past year. He questioned whether the Board had a plan with goals and objectives, as he did not feel much had been accomplished in five months.



EMS Fees - House Bill #397

Chairman Hawkins stated that this was a bill that was sent from the House to the Senate. It got taken out of the Senate budget, and is in limbo at this point. A couple of areas of concern in that bill deal with: licensing of emergency dispatch providers at $185, EMS providers at $50 and credentialing EMS personnel at $90. He requested permission from the Board to correspond with state legislators indicating the Board=s disapproval of the bill. It was the consensus of the Board to have Chairman Hawkins proceed with that correspondence.    


LGCCA Meeting Update

Chairman Hawkins had attended that meeting yesterday and noted several areas of interest to the Board. One item was a status report on the incorporation of Mills River provided by Roger Snyder. Mills River passed all requirements for incorporation except for development, their density was not high enough. Because of that, the incorporation will need a 60% vote of the General Assembly rather than a 51% vote.


There was a further look at the joint water and sewer board that had previously been discussed. Mayor Niehoff had suggested a meeting with Chairman Hawkins, Commissioner Moyer and some of the City representatives.


Chairman Hawkins called a five minute technical recess to change tapes.   



Chairman Hawkins made the motion to go into Public Hearing for Road Names. All voted in favor and the motion carried.


Rocky Hyder reminded the Board that this date had been set as the public hearing date for the following road names:


Old Name                                                        Proposed Name

Patrie Dr                                                           Reservoir Dr

Glenn J Dr                                                        Magnolia Springs Pl


New Street Names (no previous name)

E. Byrd Ln

Windswept Way

Laughter Farm Ln

Windy Gap Ln

Askew Ln


Public Input

There was none.


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


Chairman Hawkins made the motion that the road names be approved as presented.  All voted in favor and the motion carried.


PUBLIC HEARING - Ten Year Solid Waste Management Plan

Chairman Hawkins made the motion to go into Public Hearing for the Ten Year Solid Waste Plan. All voted in favor and the motion carried.


Gary Tweed reminded the Board that during 1997 the NC Division of Solid Waste required all units of government to submit a 10-Year Solid Waste Management Plan.  Plans could be submitted by each individual unit of government or the municipalities could adopt the County=s Plan.  Every three years it is required that the plan be updated.   The original plan and the last update in 2000 was completed by the Henderson County Solid Waste Department and adopted by the County Commissioners and all Municipalities in the County.


The Update was reviewed and approved by the Solid Waste Advisory Committee on May 5, 2003.  The public hearing was advertised in the Hendersonville Times-News on April 30, 2003.  The Solid Waste Department, as of May 12, 2003, had received no comment or telephone calls on the Update.  Following the public hearing it would be appropriate for the Board of Commissioners to approve the update by adoption of the prepared resolution.


One of the primary purposes of the plan is to establish our waste reduction goals.  This is a reduction to the per capita solid waste rate (tons/capita/year) from the base line year of 1991/1992.  During 1991-1992 the per capita solid waste rate for Henderson County was 1.14 tons/capita/year.  For the year 2001/2002 the per capita rate was 1.07 tons/capita/year or a 6% reduction.  Our projection for 2012-2013 is 1.09 tons/capita/year or a 5% reduction. Mr. Tweed attributed that reduction to recycling and how industrialized the community is.


Public Input

There was none.


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


Chairman Hawkins made the motion that the resolution be approved as presented.  All voted in favor and the motion carried.









Chairman Hawkins stated the need to set a Public Hearing on the Weapons Firing Ordinance. Mr. Nicholson suggested either the Bo Thomas Auditorium at BRCC or the Kaplan Auditorium at the Public Library. He stated that on June 3rd, it could be held at either location. Chairman Hawkins made the motion to set the Public Hearing on the Weapons Discharge Ordinance at 7:00 on June 3, 2003 at Kaplan Auditorium. All voted in favor and the motion carried.


Chairman Hawkins also stated the need to schedule a meeting with the economic development representatives from Advantage West, in the boardroom at the Asheville Regional Airport. He suggested May 27, 2003 at 5:00 p.m. Chairman Hawkins made the motion to set that Special Called Meeting with Advantage West at 5:00 p.m. on May 27, 2003 at the Advantage West Building at the airport. All voted in favor and the motion carried.


There being no further business to come before the Board, Chairman Hawkins made the motion to adjourn the meeting at 11:30 a.m. All voted in favor and the motion carried.






                                                                                                                                                                           Elizabeth W. Corn, Clerk to the Board                         Grady Hawkins, Chairman