STATE OF NORTH CAROLINA                                                   BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                             JULY 7, 2003


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 Grady Hawkins, Vice-Chairman Larry Young, 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, Budget and Management Director Selena Coffey, Fire Marshal/Emergency Management Coordinator Rocky Hyder, Public Information Officer Chris S. Coulson, Paralegal Connie Rayfield, Planner Josh Freeman, and Deputy Clerk to the Board Amy Brantley.


Absent were Commissioners Bill Moyer and Shannon Baldwin.



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



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



David Nicholson gave the invocation.



There was none. Chairman Hawkins made the motion to approve the agenda as presented.  All voted in favor and the motion carried.



Chairman Hawkins pulled two items from the consent agenda for some discussion, item AH - Waterline & Sewerline Extension(s)@ and item AJ - Update on County Comprehensive Plan and Other Major Planning Initiatives.@  There were no other adjustments.


Chairman Hawkins made the motion to approve the consent agenda minus AH & J@.  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:

June 10, 2003, special called meeting

June 12, 2003, special called meeting

June 18, 2003, regular meeting


Tax Collector=s Report

Terry F. Lyda, Tax Collector, had provided the Tax Collector=s Report dated July 2, 2003, for the Board=s information.




CCPT Annual Report

The Community Child Protection Team had presented their annual report for the Board=s information.  No action was required.


Environmental Advisory Committee 2003 Annual Report

The Environmental Advisory Committee had presented their 2003 Annual Report for the Board=s information.  No action was required.


Medical Emergency Ambulance Transport, Inc.

On June 19, 2002, the Board approved a request to grant a contract to Medical Emergency Transport, Inc. for hospital-to-hospital transport of patients from hospitals in Henderson County to Mission/St. Joseph=s in Asheville and to provide other out-of-county ambulance transports.  At that time the State EMS permanent regulations were still in the draft form and this one-year contract was let in place of renewing their franchise.  The State regulations and the Henderson County EMS Ordinance have since been adopted and it has been determined that Emergency Medical Transport Inc. must complete an application for a new franchise.


Staff requested that the Board extend the existing contract until September 30, 2003 in order to allow Emergency Medical Transport Inc. to complete their application for a new franchise.


BMX Lease

On April 16, 2003, the Board of Commissioners approved a Resolution renewing the lease of approximately 2.2 acres of the field previously known as Field #8 to the National Bicycle League, for the operation of a BMX bicycle track.


The original 3/10/00 lease listed the Lessee as USA CYCLING, INC. d/b/a National Bicycle League.  At the time of the renewal we were advised that the two entities were canceling their affiliation and that USA CYCLING, INC. should be removed as Lessee.  The National Bicycle League has now notified us that they are still a part of USA CYCLING, INC. and the correct name for the Lessee is USA CYCLING INC., d/b/a National Bicycle League.  Staff therefore requested that the Board re-adopt the April 16, 2003 Resolution  with the minor modification of adding USA CYCLING, INC. as the new Lessee.  The April 16, 2003 Resolution was in the agenda packet for the Board=s information. 


CDBG Contracts

Regency Development Associates applied for a Community Development Block Grant in 2003 on behalf of Henderson County for the Parkside Commons Project.  Land-of-Sky Regional Council was chosen to provide assistance in the administration of these funds for Henderson County.  The draft Technical Services Contract is an agreement between Henderson County and Land-of-Sky Regional Council to authorize this assistance for the administration of the grant.  Also presented for Board review was a Project Agreement between Henderson County and Parkside Commons Limited Partnership, authorizing Regency to move forward with the project on behalf of Henderson County.


Staff requested that the Board authorize the Chairman to sign both documents to continue the project.


Register of Deeds - Request to use Restricted Funds for Automation Enhancements/Technology Upgrades

The General Assembly enacted legislation that required counties to place 10 percent of certain revenues generated by the Register of Deeds Office into a fund to pay for future information technology upgrades and automation enhancements which began in January 2002.  This fund which is a portion of the County=s Restricted General Fund Balance has in excess of $127,000 as of June 30, 2003.  Only the Board of Commissioners may authorize the use of these restricted funds.


A budget amendment was presented requesting to use the Register of Deeds Restricted General Fund Balance for Automation Enhancements to upgrade computer hardware and to implement a Document Management (Imaging) System within the Register of Deeds Office.  The total cost for the computer hardware upgrade and new imaging system is $76,059 per the cost estimates.


Mr. Nicholson informed the Board that the Register of Deeds Office is very excited about taking these necessary steps to upgrade technology and implement a new system to scan/image and manage documents in an effort to increase efficiencies, store data requiring less space and reduce copying/paperwork within their department.  They have worked very closely with the Information Technology Department on this project.  It would be appropriate for the Board to consider adopting the prepared budget amendment to appropriate the Register of Deeds Restricted General Fund Balance since it is required to be used for this very purpose.


Discussion of items AH & J@


Waterline & Sewerline Extension(s)

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


This is a project to extend existing water lines to provide water service to Etowah Golf Villas.  The project requires approximately 737 linear feet of water lines sized as follows:


6" C900/DR18 = 595 ft.

2" PVC/SDR 13.5 = 142 ft.

Water pressure and flow in this area are as follows:


Static Pressure = 95 psi.

Residual = 35 psi.

Flow =         700 GPM


The intended use of this property is residential with 34 residential units.  Fire protection will be provided by the installation of one fire hydrant.  The entire cost of the proposed water line extension is to be paid for by the owner/developer, Glade Holdings, Inc. of Hendersonville, North Carolina.


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


The proposed project conforms with the County Land Use Plan.  It does not have adequate hydrant location and spacing.  Minimum fire flow is 1,000 gallons per minute and the estimated flow at present is 700 gpm.


Chairman Hawkins expressed concern because the water pressure is down from what is required in this area. 

Rocky Hyder stated that there is a lot of development in the Etowah area and waterline extensions are common place.  The residual pressure is certainly a concern for fire service.  Mr. Hyder stated that he would continue to express concern in the area until the elevated tank in the area is placed in operation.  He thinks that would certainly resolve some of the issues. 


Chairman Hawkins suggested some correspondence from the Board of Commissioners to Mayor Niehoff expressing concerns in the Etowah area.


Update on County Comprehensive Plan (CCP) and Other Major Planning Initiatives

Staff had provided an issue update which summarized the tasks related to the CCP and the other major planning initiatives that were completed over the past month.  The update also included anticipated actions for the coming month.


No action was required.


Chairman Hawkins stated that he had received from Beverly Williams (N.C. DOT) an update on the transportation plan a few days ago.  Based on their current schedule, Ms. Williams says that they will have some recommendations ready in October, they=ll have the travel model elements completed by the end of the year, and they hope the new transportation plan will be adopted as early as April of 2004.


Chairman Hawkins stated that our staff has been able to contract with Insight Research to get a citizen survey out.  There will be about 2,000 surveys randomly distributed for feed-back.  Staff has also contracted with Culture Connection to create a Spanish-language version of the survey.  Staff is in the process of reserving about 14 different meetings sites and locations.  They will begin to have these meetings toward the end of August.  They will be on Thursday evenings.  Karen Smith and Jack Lynch will participate in an interview regarding the CCP for the Channel 11 Program, ACounty Connections@, on July 11, 2003.  Staff has also been meeting with the folks in Mills River on some update planning in that area.


Chairman Hawkins moved that items AH & J@ be accepted in the consent agenda.  All voted in favor and the motion carried.



Notification of Vacancies

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


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

2.                EMS Quality Management Committee - 1 vac.

3.                Juvenile Crime Prevention Council - 1 vac.



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


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

Because of the Board of Commissioners= Rules of Procedure, a vote will be taken on these on August 4, 2003.


2.                Cane Creek Water & Sewer District Advisory Committee - 2 vac.

A couple of vacancies have been reserved for the Town of Mills River.


3.                Environmental Advisory Committee - appointment of a Chairman.

The Charter calls for the Board of Commissioners to appoint the Chairman to this Committee. 


Chairman Hawkins reminded the Board that there was a very good annual report in the consent agenda for the Environmental Advisory Committee.  The Charter did not address the requirement for Planning Department Staff to be on the Committee.  Chairman Hawkins felt it would be better to not designate people by name to serve as the Staff to the Committee.  This would give the County Manager more flexibility to utilize his staff.  Our Planning Staff are certainly busy.  Chairman Hawkins moved that the second sentence in the Charter be stricken to give Mr. Nicholson more flexibility in that area.  There was no discussion on the motion.  A vote was taken and the motion carried unanimously.


Commissioner Young nominated Hall Waddell for the Chairman of the Environmental Advisory Committee.  Chairman Hawkins made the motion to accept Mr. Waddell by acclamation. All voted in favor and the motion carried. 


4.                Henderson County Board of Health - 1 vac.

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


5.                Juvenile Crime Prevention Council - 8 vac.

Chairman Hawkins nominated Mike Neyman to position # 1 and Morton Lazarus to position # 19.  There were no other nominations.  Chairman Hawkins made the motion to accept these two nominees by acclamation.  All voted in favor and the motion carried.


6.                Nursing/Adult Care Home Community Advisory Committee - 8 vac.

Chairman Hawkins nominated Viola Walker, Paul Kintner, and Vivian Kintner for positions #2, 4, and 5.  There were no other nominations.  Chairman Hawkins made the motion to accept these three nominees by acclamation.  All voted in favor and the motion carried.


7.                Senior Volunteer Services Advisory Council - 1 vac.

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


8.                SmartStart - 1 vac.

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



At the Public Hearing on Regulating the Discharge of Firearms, several citizens stated the need for a public firing range in this area.  They spoke about the range that is now a part of the DuPont State Forest as well as a Federal funded program to establish ranges.  Staff had received responses from State agencies to our inquiries concerning weapons firing ranges.


The Supervisor of the DuPont State Forest had been contacted to find out the status of the firing range there.  They have no intention of re-opening the range.  It does not comply with their management objectives.  They have developed a trail along the side of the range and around the hill just above where the targets were located so they feel it would be a safety issue now to re-open the range. 


North Carolina Wildlife Resources Commission had been contacted regarding the Pittman-Robinson Act as well as our local legislators.  These funds can be utilized to help establish firing ranges but they are also used for Hunter Safety Training Programs.  We had received a letter back from Representative Carolyn Justus with some valuable information concerning the program.  Approx. $850,000 of these funds come back to North Carolina but the majority of those monies go to the Wildlife Resources Commission who do Hunter Training Programs with the funds.  One firing range was completed recently in North Carolina and another is planned for Jackson County.


The NC Wildlife Commission sent us a lengthy application for applying for these funds. All range development projects are subject to the following requirements:


1.                The proposed range must provide a place for hunter education students and instructors to learn/practice safe gun or bow handling and live firing, or, must provide opportunities for the public to sight-in and practice with their recreational/hunting firearms or archery equipment.

2.                Ranges must be open to the public.  Commercial ranges, private facilities, law enforcement ranges and facilities strictly for competitive shooters do not qualify for funding.

3.                Applicants must be prepared to match at least 50% of the approved elements of the project cost.

4.                Maximum requests for funds cannot exceed $50,000.

5.                All projects must have an expected useful life of at least 10 years.

6.                Acceptance of financial assistance carries a requirement that the range be made available for the NC Wildlife Resources Commission Hunter Education Program.

7.                The range (organization) must have at least 10 years land tenure, by deed or lease and document appropriate zoning.

8.                Application will not be considered if land acquisition has not been completed.

9.                Incomplete applications will not be considered.


Mr. Nicholson stated that if there is a group of people in our community interested in working with Henderson County on this, staff will be happy to provide the information to them.


Commissioner Messer stated that we have two large parcels of property in our county that are State/Federal owned.  He felt we should pursue this. 


Chairman Hawkins suggested going back to the minutes of the public hearing we had at the library on the Weapons Firing Ordinance and get some names of interested persons and correspond to them with the pertinent information. 



The Town of Mills Rivers was recently incorporated.


Originally it was proposed that the Town contract with Henderson County for the provision of certain ordinance enforcement services; however the charter makes no mention of this.  A prepared memorandum explained the County ordinances which are no longer in effect, those which will remain in effect for a short period of time (60 days from incorporation) and those which were unaffected by the incorporation.


Staff requested the Board consider the issue and give staff direction on how to proceed in dealing with the Town of Mills River.


Mr. Nicholson stated that he met with Angela Beeker immediately upon the incorporation of the Town of Mills River to find out what the status was on a number of county ordinances, county rules, and regulations within the Town of Mills River.  He knew there would be some serious issues that needed to be dealt with. 


Mrs. Beeker had provided the Commissioners with a copy of the Charter that passed as well as a memo from her re: AEffect of Mills River Incorporation on County Ordinances@.    She explained that there are two main sources of authority that the county has to adopt ordinances, one is police power and the second is land use.  For the ordinances that we have on the books that were adopted pursuant to the police power, as soon as the Town was Incorporated, we lost jurisdiction over the following ordinances:


Abandoned and Junk Vehicles

Animal Control

Massage Parlors

Noise Ordinance

Outdoor Advertising Sign Regulation

Incinerator Ordinance

Water Supply/Watershed


The following ordinances were adopted pursuant to the county=s land use regulation authority and will therefore cease to be effective 60 days after the effective date of incorporation or until the Town adopts its own land use ordinance regulating the same subject matter, whichever comes first:


Building Inspections

Communications Towers

Manufactured Home Parks

Subdivision of Land

Vested Rights Ordinance

Zoning Ordinance


There are also ordinances which are not affected by the incorporation and will continue to remain in effect:


Emergency Management (NCGS 166A-7)

Emergency Medical Services (NCGS 153A-250 and 143-517)

Farmland Preservation (NCGS 106-735 thru 743)

Mountain Ridge Protection (NCGS 113A-206 and 208)

Solid Waste Ordinance (Part of it) (NCGS Chapter 153A Article 15)

Sewer Use Ordinance (Part of it) (NCGS Chapter 153A Article 15)

Water Policies (Par of it) (NCGS 153A Article 15)


The following ordinances were not adopted as part of the police power, but still cease to be effective as of June 25, 2003:

Cable Television (NCGS 153A-137)

State of Emergency (NCGS 14-288.13 through 2.88.17)

Fire Prevention (NCGS 143-138(e))

Pawnbrokers (NCGS 91A-6)

Property Addressing (NCGS 153A-239.1)

Sewer Use (Part of it) (NCGS Chapter 153A Article 15)

Water Policies (Part of it) (NCGS Chapter 153A Article 15)


Ms. Beeker had also provided the Board with a map prepared by the Planning Department showing the boundaries as described in the enacted charter.  This is not an official map.  The Boundary is currently being surveyed.  The Town has 18 months to complete the survey.

There was much discussion with the question being asked about the possibility of Mills River contracting with Henderson County to provide enforcement of some of these ordinances and policies.


Roger Snyder, Interim Mayor of the Town of Mills River, came forward at the request of Chairman Hawkins. Chairman Hawkins explained that there were two different Bills on the incorporation of Mills River.  One had a number of things that had already been discussed and Mills River and Henderson County already had a plan to implement in a fairly orderly fashion.  The Bill that passed was not that Bill.


Mr. Snyder stated that there was one Bill that Mills River asked to be drafted and it included the Charter and many things that their Attorney and the County Attorney had worked out, as well as the referendum.  For some reason the referendum got excluded and then a week or two later they realized that the AGentleman=s Agreement@ or the items that had been mutually agreed to had also been excluded.


Chairman Hawkins suggested that a convenient time be found in the very near future for the Mills River Board and the Board of Commissioners to sit down and review these items in question.  Both Attorneys and staff would need to look at suggested contracts of whatever services Mills River needs.   Specifically, we need to address land use, zoning, and planning and how Mills River plans to take that over or get the county to do it or whatever. 


Mr. Snyder asked ACan we contract with you all, just like we talked about?  You know contract, you know go back to the Gentleman=s Agreement that we had and I=m, I=m comfortable with it.@


Ms. Beeker - AYou can do the same thing with those.  Until you enter into such a contract we have no jurisdiction on police power and we only have jurisdiction on the land use piece for 60 days, until you enter into such a contract.@ 


Mr. Snyder - ADo you need a resolution from us as a - willing to enter into a contract - I mean@


Chairman Hawkins - AI don=t think so.  I think what we need to do is just sit down and decide you know what they are exactly and go that way after our staff=s looked at em.  Is that what you=re thinking?@


Ms. Beeker - AYes, a resolution won=t be legally required but - I mean procedurally if you all wish to do that that would be fine.@


Chairman Hawkins - ABut uh I think as soon as the two Boards can get together and look at whatever Sharon and Angie=s got worked up and just put that on the table and go through em.@


Mr. Snyder - AOK@


Chairman Hawkins - AIs - probably as quickly as possible so that you don=t.@


Mr. Snyder - AOK, what about in the interim? I mean if we hold a meeting next week or - is everything - I mean can we continue business as usual as far as the county is until we officially sign a - a contract?@


Chairman Hawkins - AI=ll have to leave that to the - my gut feeling is NO but only because we hadn=t done the contract you know.@


Ms. Beeker - AIt=s up to you to decide what you=re willing to do as a Board.  If - for the police power ordinances - they can give permission for our ordinances to apply by adopting a resolution but you have to agree to it in the interim.  If you wish to do that you could legally but that=s your judgement call.@


Chairman Hawkins - AOK, and the police power ordinances - because we=re doing the land use for 60 days anyway so we=ve got time to do that one.  So uh - so we could make a - or they could make a resolution and let us have it and@


Ms. Beeker - AYes sir, they would make such a resolution and say we give permission and request that you enforce your police power ordinances in our jurisdiction.  But it has to be by resolution of their Board that would come to you for then approval - I=d say - say they did that Thursday night, at your next meeting you could take action on that if you wish.@


Commissioner Messer - AAngie, so basically if we reach an agreement - you know both parties reach an agreement then that would pretty much be the same thing that you all wanted to start with@


Mr. Snyder - AYes@


Commissioner Messer - Abut - you know we would be setting the dates and the timeline and everything instead of the General Assembly which I think is@


Ms. Beeker - AThat=s correct and if - on a long-term basis if the Board is still willing to enforce ordinances in their jurisdiction I would recommend it be by contract, not just by a resolution.@


Chairman Hawkins - AAnd I would think that the resolution would stipulate that it is by resolution until we=re able to finish the contract and then everybody knows exactly what they=re doing - you know a year or two years from now.@


Mr. Snyder - AWell, it=s our intention of our Council to contract with yuns.@


Chairman Hawkins - AOK@


Mr. Snyder - AJust to keep it business as usual and - and kinda what I=m afraid of and that=s why I asked the question - is if we adopt this Thursday night at our meeting then you all say put it on the agenda for next week then can you all continue until@


Chairman Hawkins - AUntil we have a joint meeting and look at the contract?@


Mr. Snyder - AYes@


Chairman Hawkins - AYeh, I would think so.@


Ms. Beeker - AAs of next Wednesday but between now and next Wednesday NO, not on the police power.@


Mr. Snyder - AOK@


It was then discussed that the next Board of Commissioners= meeting was two weeks away or July 23.


Ms. Beeker - AOK, well it would be two weeks then.@


Chairman Hawkins - AOK, is it possible for this Board to adopt at our meeting their reso - pending receipt of their resolution?@


Ms. Beeker - AYou could put the elements in that I think you would be agreeable to.@


Chairman Hawkins - AAnd then - and then so then when you hit it Thursday night you=d have it.@


Mr. Snyder - ARight@


Ms. Beeker - AThe Board could authorize you to sign a resolution that we would draft for your signature stating that the county would be willing to enforce your police power ordinances - or I guess any that you could.@


Chairman Hawkins - AOK@


Ms. Beeker - AUh - you know until such time as - I would put a time limit on it.  You might say for the same 60 day period.  That would@


Chairman Hawkins - AFor 60 days - that would give us time to get@


Ms. Beeker - AUntil August 24 or whatever so that they all expire at the same time.@


Mr. Snyder - ARight@


Ms. Beeker - AWould be the simplest way to do it I think.@


Chairman Hawkins - AOK@


Mr. Snyder - ACould you all adopt a resolution uh tonight?@


Ms. Beeker - AThat=s what the Chairman=s talking about.@


Chairman Hawkins - AThat=s what I=m trying - I=m trying to get one worded up there so I think then if I made a motion that uh pending a resolution from the interim Town Council at Mills River that the county enforce those police powers that we=re able to enforce for the next 60 days or until August 24 pending our formal contracts.@


Mr. Synder - AYes@


Ms. Beeker - AThat means on August 24 that we would lose jurisdiction again.@


Chairman Hawkins - AYeh, and between now and then we ought to have a meeting and get some of those others worked out.@


Mr. Snyder - ARight, I agree.@


Chairman Hawkins - AOK is that agreeable to the Board.  Is there any discussion on that motion.  I=ll put it on the floor.  OK, all those in favor of that motion say aye.@


Unanimous AAye@.


Chairman Hawkins - AOK so that=s unanimous.  So if - I think if your Board will make it=s adoption@


Mr. Snyder - AThursday night@


Chairman Hawkins - AOf the resolution - when you meeting?  Thursday night?  Thursday night - then this will be able to go in effect as soon as Ms. Beeker gets it.  That=ll shorten your window there.@


Mr. Snyder - AAlright@


Chairman Hawkins - AAnd I think the other thing that we need to discuss there and the specifics of it so we=ll have an agenda.@


Mr. Snyder - ASure@


Chairman Hawkins - AAnd when - and when they get that set uh then we=ll put out a special meeting notice that we can concur on and that=ll give you a little time and we=ll try to do that within the next couple weeks.@


Mr. Snyder - AAlright@


Ms. Beeker - AIf you want to ask Sharon to draft that resolution between now and Thursday and fax it to me I=ll be happy to look at it.@


Mr. Snyder - AWell, she=s out of town.@


Ms. Beeker - AOh, OK.@


Mr. Snyder - ACan you get me a copy of the resolution - I mean of - now will we@


Chairman Hawkins - AAll we - all we have is authority for me to sign and go and enforce our police ordinances in your town until such time that we get our contracts basically so we won=t have anymore action on our Board.  The next action will be on your Board to get your resolution.@


Mr. Snyder - ASo - so we will approve a resolution saying that it=s OK for you all to do that@


Chairman Hawkins - AThat we can exercise jurisdiction in your town.@


Mr. Snyder - AOK, OK.@


The above part of the meeting was done verbatim at the request of County Attorney Angela Beeker.


Mr. Snyder stated that they are in the process of an official on-the-ground survey right now and it should be completed within the next week or so. 



Affordable Housing

Chairman Hawkins made the Board aware of an e-mail from Maggie MacCormack, Land-of-Sky Regional Council of Governments, which notified him of a new web site available listing affordable housing in a number of counties including Henderson County - ASocialserve.com.@


Health Department Site

David Nicholson reminded the Board of a letter received from Dr. David Chapman, Chair of the Board of Public Health dated June 17, 2003.  The letter stated that they have reviewed the two sites they understood the county was still considering for the possible location of the Health Department, the site but not the structure of the Carolina Apparel Building on the Spartanburg Highway and the Blue Ridge Community College Campus site.  By unanimous vote, they indicated that they wish to be out at Blue Ridge Community College and not at the Spartanburg Highway site.  They also did not recommend that the Environmental Health Division be removed from the Health Department and put together with the other Land Development departments.


First of all Mr. Nicholson stated it was apparent that they did not understand the soil samples and the study done at the Blue Ridge Community College Campus site and clearly the costs associated with that building.  They spoke to an engineer who told them that a 40,000 sq. ft. building could be done on this site.  Mr. Nicholson stated that an 80,000 sq. ft. building could be done on the site, it=s just a matter of how much site work you want to do on the property.   Mr. Nicholson strongly recommended to the Board of Commissioners to continue in accordance with the plan to separate the Environmental Health Division be put with the other Land Development departments.  The Board of Commissioners has stated repeatedly that we need a centralized place where people can get permits.


Chairman Hawkins suggested responding to the Board of Health making certain they understand the Board is not still looking at sites. If we are able to utilize the Spartanburg Highway site for the Health Dept. the Environmental Health Dept. would just be across the street so the co-location concern is not a real issue.


Fire Dispatchers

During budget deliberations there was some discussion of hiring some additional dispatchers with specific training as fire dispatchers.


Rocky Hyder stated that the Fire and Rescue Advisory Committee consulted with all the Fire Departments regarding the fire dispatcher issue.  The general comments back to the Fire and Rescue Advisory Committee from 11 of the 12 represented departments were that they understand the need for additional dispatchers in the 9-1-1 center because as we begin to expand that service level and we move to the emergency fire dispatch certification level certainly it takes a dispatcher more time to spend with each caller as we provide a greater level of service, however they felt like the request for funding as proposed was disproportionate to the amount of time actually spent on fire dispatch calls.  Their estimate was about 23% of the time in dispatch was spent dispatching fire/EMS calls.  Basically 70% or more of the calls are EMS related.  They were open to a proposal that would include the municipalities that have law enforcement dispatch from that particular facility and more proportionate funding associated with the request.


It was stated that the municipalities do not participate in the funding for the 9-1-1 center at this time. All the dispatching for fires occurs at our 9-1-1 center, including the municipalities.



Facilities Update

The Board=s last direction to staff was to look at the cost and the site issues associated with removing the Carolina Apparel Building (the old warehouse) and placing a new 80,000 sq. ft. Human Services Building on the property that would house Department of Social Services and the Department of Public Health.  Mr. Nicholson had prepared a ARequest for Proposal for a Feasibility Study@ and that was officially presented to the Board at this time.  Mr. Nicholson mailed this out to 12 different Architectural/Engineering type firms.  It will also be in the Times-News in the next couple days.  Bill Byrnes will be the main contact.


Mr. Nicholson stated that hopefully we will get some responses and can get it to the Board quickly and we can get this building underway.



1. Elaine Liddy - Ms. Liddy is a Fletcher resident and a long-time user of the Jackson Park facilities, mostly the tennis courts.  She considers it a privilege to have Jackson Park available for use.  She spoke about growing the sport of tennis in this area and how it cannot grow without additional courts.  She spoke of the benefit of wellness programs and programs for recreation.  She stated that to grow tennis in Jackson Park, we need more than four courts.  Four courts will not support the US Tennis Association.  To be part of the WNC Tournaments we must have more than four courts also. 



Chairman Hawkins 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)(4) To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body.

2.(a)(5)(ii) 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 (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract.

3.(a)(6) To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee.


All voted in favor and the motion carried.


Action following closed session

Chairman Hawkins made the motion to accept Mr. Stan Duncan=s contract for employment as our new Tax Assessor.  All voted in favor and the motion carried.


PUBLIC HEARING - Rezoning Application #R-03-01 (R-40 to R-20)

Bernie Mann, Applicant/Executor for the Estate of Philip A. Mann

Luther E. Smith & Assoc. P.A., Agent

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


Josh Freeman informed the Board that Bernie Mann had submitted an application requesting that the County rezone 1 parcel totaling 3.82 acres from an R-40 Estate Residential zoning district to an R-20 Low-Density Residential zoning district.  The parcel proposed for rezoning (hereafter, Athe Subject Parcel@) is located on Kanuga Road (SR #1127) just Southwest of the intersection of Kanuga Road and Crooked Creek Road (SR #$1267).


The Henderson County Planning Board reviewed the application at its meeting on Tuesday, May 20, 2003, and voted unanimously (7 to 0) to send an unfavorable recommendation to the Board of Commissioners.


In accordance with Section 200-76 of the Henderson County Zoning Ordinance and State Law, a Notice of Public Hearing regarding Rezoning Application #R-03-01 was published in the Hendersonville Times-News on June 18, 2003 and June 25, 2003.  The Planning Department sent notices of the hearing via first class mail to the applicant and the owners of properties adjacent to the Subject Property on June 17, 2003.  Planning Staff posted signs advertising the hearing on the Subject Property on June 19, 2003.


Mr. Nicholson had informed the Board that following the Public Hearing action to approve, modify, or deny Rezoning Application #R-034-01 would be appropriate.


Planning Staff=s recommendation was to deny the request.  Mr. Freeman detailed several reasons for the recommendation.


Public Input

1. Bernard Mann - Mr. Mann is the applicant.  The property in question belonged to his Father.  He built two residential dwellings  situated fairly close together on the parcel of land.  He wishes to separate the two to aid in selling of these two residential dwellings. He cannot subdivide the property as R-40 but rather would have to sell as one parcel.  R-20 would allow them to separate the homes with proper set-backs and then come to the Board for a PUD (planned unit development) application.


2. Luther Smith - Mr. Smith deferred to answer any questions at the end.


3. Linda Mager - Ms. Mager spoke in opposition to the rezoning request. She is a resident of Crooked Creek Subdivision, on the parcel most affected by a change in zoning.  She is one of the roof lines that Mr. Mann would look down upon. 


4. James Calloway - Mr. Calloway is President of the Crooked Creek Property Owner=s Association and spoke in opposition to the requested zoning change.  They feel that a zoning change could devalue their property as well as change the character of the community. 


5. Barry Sheffter - Mr. Sheffter represented 1/3 of the Devonwood Development and spoke in opposition to the rezoning request.


6. Boyce Orr - Mr. Orr and his wife own the property to the rear of the property in question. He spoke in opposition to the rezoning request.


7. Terri Lamb - Ms. Lamb=s property is adjacent to Mr. Mann=s property.  She spoke in opposition to the rezoning request.


Chairman Hawkins made the motion to close the public hearing.  All voted in favor and the motion carried.


Following discussion Commissioner Messer made the motion to accept the Planning Board=s recommendation denying rezoning application R-03-01.  All voted in favor and the motion carried.

Adjustment of Agenda

Chairman Hawkins asked to adjust the agenda to add some discussion about a Noise Ordinance pursuant to discussion regarding Mills River Incorporation. 


Our Noise Ordinance states that the jurisdiction applies only to the unincorporated areas therefore, Chairman Hawkins made the motion to amend 125.3, which applies to the jurisdiction on the noise ordinance, to read

AThe chapter shall apply to all unincorporated areas of Henderson County and to those incorporated areas of any city or town specifically requesting its enforcement by Henderson County upon the consent of the Henderson County Board of Commissioners@.  All voted in favor and the motion carried. 


Ms. Beeker will make the change to the Noise Ordinance and put it on the consent agenda for ratification  by the Board at the next meeting.



The Board reviewed the calender.  Ms. Beeker will work with Mills River Attorney Sharon Alexander about a proposed date for a joint meeting of the two Boards.


There being no further business to come before the Board Chairman Hawkins made the motion to adjourn the meeting at 7:46 p.m.  All voted in favor and the motion carried.   






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