MINUTES
STATE
OF
The Henderson County
Board of Commissioners met for a regularly scheduled meeting at 9:00 a.m. in
the Commissioners' Conference Room of the Historic Courthouse.
Those present were: Chairman Bill Moyer, Vice-Chairman
Also present were: Deputy
Clerk Terry Wilson, Finance Director J.
CALL TO ORDER/WELCOME
Chairman Moyer called
the meeting to order and welcomed all in attendance.
PLEDGE OF ALLEGIANCE
Callie Wyatt, of the Mustang
4-H Club led the Pledge of Allegiance to the American Flag.
INVOCATION
County Manager
INFORMAL PUBLIC COMMENTS
1.
Dinette
Westin – Ms. Westin requested that the Board increase the school budget for an
increase in the school teacher supplement, more school nurses, and more money
for maintenance.
2.
Jim
Phelps - Mr. Phelps requested that the Board endorse the twenty year Solid
Waste Disposal & Recycling plan prepared by the County Engineer and
supported fully by the Solid Waste Advisory Committee and the County Manager.
He commended Marcus Jones and
3.
Diane
Dotson – Ms. Dotson requested that the Board “dig deeper” and find money in the
budget to give the teachers a supplement increase.
DISCUSSION/ADJUSTMENT OF AGENDA
Chairman Moyer requested
that discussion item A (Presentation of Courthouse Replica) be moved to the
beginning of the meeting after discussion of the agenda. He further requested that discussion item F
(Adoption of FY 2008-2009 Budget) be pulled up after discussion item B (Western
Highlands LME Update).
Commissioner McGrady made a motion that the Board of
Commissioners adopts the agenda as modified.
All voted in favor and the motion carried.
Chairman Moyer noted
that both he and Sheriff Davis had signed the agreement with the Government
with respect to the ICE Program on May 30, 2008 and it was mailed the same
day. It is his understanding that it
would be signed and come back with a very good reimbursement rate which
represents a lot of work and negotiations.
Chairman Moyer called Denise
Baker, the County Extension Director to the podium in regards to her recent notice
of resignation to the Henderson County Cooperative Extension. He thanked her for her service to
Ms. Baker thanked the
Board and Administration for their support during her employment with
Presentation of Courthouse Replica
Chairman Moyer stated
that present today was Miss Lauren Maybin, a 2nd grader at
Miss Maybin stated that
her class was studying the community and her teacher Ms. Shipman had each
student in the class do a project on a building in their community. When the teacher asked who was willing to do
the old county courthouse, Lauren raised her hand. Miss Maybin said “she likes old things like
old courthouses and Grandma and
Theron Maybin thanked
the Board for the time and recognition of his granddaughter for the replica of
the courthouse.
CONSENT AGENDA
Commissioner McGrady made the motion to adopt the consent
agenda. All voted in favor and the
motion carried.
Minutes
Draft minutes were
presented for Board review and consent approval of the following meetings:
March 6, 2008, 2008 Regularly Scheduled Meeting
March 27, 2008 Special Called Meeting
April 1, 2008 – Special Called Meeting
April 7, 2008 – Regularly Scheduled Meeting
Tax Collector’s Report
Terry F. Lyda, Tax
Collector, provided the Tax Collector’s Report for information only dated May
23, 2008.
Financial Report/Cash Balance Report – April 2008
The Financial Report and
Cash Balance Report for April 2008 were presented for the Board’s review and
consent approval.
The Garage Budget was
exceeded during April due to the increase in the cost of fuel purchased for the
County’s fleet. At the end of April,
fuel purchases exceeded budget by $65,667.
Non-Departmental costs
include insurance premiums paid to date for Property and Liability insurance
coverage and Worker’s Compensation costs.
These costs are being allocated out to all departments on a pro rata
basis during the fiscal year.
The YTD deficit in the
Travel & Tourism Fund is temporary and due from the payment of occupancy
tax revenues ($47K) collected from November 2007 through February 2008 that had
accumulated for the benefit of the
The YTD deficit in the
Emergency 911 Communications Fund is due to the purchase of new recording
equipment ($45k) for the 911 Center covered by an appropriation of fund balance
from the 911 Fund and the delay from the legislative change effective January
1, 2008 in the State collecting and distributing 911 surcharge fees back to the
County.
The YTD deficit in the
Lewis Creek Restoration Project Fund is due to the timing difference between
the expenditure of Federal and State grant funds and the subsequent requisition
and reimbursement of these expenditures.
Suggested Motion: I move that the
Board of Commissioners approve the April 2008
Henderson County Public Schools Financial Reports – April
2008
The Public Schools
Financial Reports for April 2008 were presented for the Board’s information and
consent approval.
Suggested Motion: I
move that the Board of Commissioners approve the April 2008 Henderson County
Public Schools Financial Reports as presented.
CDBG Grant Administration and Selection Committee
As part of our scattered
site housing program,
Ø Receive and review
applicant information to determine the eligibility and ranking of those
applicants.
Ø Submit a list of
eligible applicants and alternates to the
Ø Serve as informal public
contacts to provide information about the Scattered Site Housing program and
any other available County program that will assist low and moderate-income
homeowners in need of housing rehabilitation.
The Selection Committee
will meet throughout the application period, and thereafter on an as needed
basis. In the past our committee was
comprised of the managers of the municipalities in
NAME POSITION ENTITY
Anthony Starr Planning Director
Patrick Kennedy Executive Director Housing Assistance
Corporation
Mike Tate Executive Vice
President Habitat for Humanity
of
Bo Ferguson City Manager City of
Mark Biberdorf Town Manager Town of
Jaime Adrignola Town Manager Town of
Jim Ball Town Manager Town of
Judy Boleman Zoning Administrator
The committee bylaws
were provided to the Board.
The County has also used
outside firms to administer this grant program for prior grant cycles. The program requirements and documentation is
quite large and requires a tremendous effort to manage. The grant program provides funds to hire a
firm to manage the grant. No local funds
are required for the grant administration.
Planning Staff has solicited proposals for this service and recommends
Benchmark CMR as the most qualified firm.
Most local governments hire outside firms for this service because of
the complex nature of the grant requirements.
Benchmark’s proposal would provide complete service for a fixed fee of
$64,000.
Suggested Motion: I move the Board approves the membership
of the selection committee as presented and I further move that the Board
authorize staff to enter into a contract with Benchmark CMR for grant
management and administration for the fixed amount of $64,000.
Notice of Intent to Hold Public Hearing (Roland J. Mull
Property)
North Carolina General
Statute 153A-241 requires that the Board of Commissioners first adopt a
resolution declaring its intent to close a public road or easement. A copy of the resolution declaring the
Board’s intent of closing the easement(s) on the Roland J. Mull property,
Suggested Motion: I
move the Board adopts the proposed resolution.
Proclamation – Council on Aging Day
The mission of the
Henderson County Council on Aging is to support the older citizens of
Suggested Motion: I
move that the Board adopt the Proclamation designating June 7, 2008 as Council
on Aging Day in
Resolution for Approval of Tax Exempt Loan to Volunteer Fire
Department
Mills River Volunteer
Fire & Rescue Department, Inc., seeks approval of this Board to obtain a
tax-exempt loan for purposes stated in the accompanying resolution. As noted in the resolution, approval by this
Board dies not in any way obligate the County to repayment of this debt. A copy of this resolution is attached hereto
and incorporated as a part of the minutes.
Suggested Motion: I
move that the Board adopts the resolution as presented.
NOMINATIONS
Notification of Vacancies
The Board was notified
of the following vacancies which will appear on the next agenda for
nominations:
Nominations
Chairman Moyer reminded
the Board of the following vacancies and opened the floor to nominations:
Commissioner McGrady made a motion that the Board reappoints
There were no nominations at this time so this
item was rolled to the next meeting.
There were no
nominations at this time so this item was rolled to the next meeting.
There were no
nominations at this time so this item was rolled to the next meeting.
Commissioner McGrady
nominated for reappointment Marijane Pell for position #1, Dave Lowles for
position #3, and Dr. Tom Davis for position #9.
Chairman Moyer made the motion to
accept Marijane Pell, Dave Lowles, and Dr. Tom Davis for reappointment by
acclamation. All voted in favor and the
motion carried.
Commissioner Young nominated
Joe Spearman for position #6 and Dr. John Bell for position #7. Chairman
Moyer made the motion to accept Joe Spearman to position #6 and Dr. John Bell
to position #7 by acclamation. All voted
in favor and the motion carried.
Commissioner Young
nominated for reappointment Dr. Elizabeth Todd for position #3 and P. Richmond
Meadows for position #8. Chairman Moyer made the motion to accept for
reappointment Dr. Elizabeth Todd to position #3 and P. Richmond Meadows to
position #8 by acclamation. All voted in
favor and the motion carried.
There were no
nominations at this time so this item was rolled to the next meeting.
There were no
nominations at this time so this item was rolled to the next meeting.
Chairman Moyer nominated
for reappointment Susan Sneeringer for position #3 and Roger Snyder for
position #5. Chairman
Moyer made the motion to accept Susan Sneeringer to position #3 and Roger
Snyder to position #5 by acclamation.
All voted in favor and the motion carried.
There were no nominations at this time so this
item was rolled to the next meeting.
Commissioner Williams
nominated for reappointment Paul Keating for position #1 and Phil Webb for
position #3. Chairman Moyer made the motion to accept Paul Keating to position #1
and Phil Webb to position #3 by acclamation.
All voted in favor and the motion carried.
Commissioner McGrady
nominated for reappointment Aubrey Carruth for position #3. Chairman
Moyer made the motion to accept Aubrey Carruth to position #3 by
acclamation. All voted in favor and the
motion carried.
There were no
nominations at this time so this item was rolled to the next meeting.
Chairman Moyer nominated
Chuck McGrady for reappointment for position #2. Chairman
Moyer made the motion to accept Chuck McGrady to position #2 by
acclamation. All voted in favor and the
motion carried.
The Chief Executive
Officer of Western Highlands LME, Arthur Carder, gave a brief presentation to
the Board of Commissioners concerning mental health activities. He provided information including numbers of
consumers served with State IPRS funds, with State IPRS funds by
Age/Disability, with State IPRS funds by Provider, funds paid for service to
consumers, along with MOE (Maintenance of Effort) funds received, distributed,
and remaining funds.
Mr. Carder informed the
Board that they had done the first phase of their gap analysis. They looked at what services were being
offered in their 8 county areas along with where there were strengths or
weaknesses or maybe no services at all. In
Chairman Moyer stated
that he was the Board of Commissioners representative for the Pardee Hospital
Board and at the board meeting last week they were discussing upcoming changes
in the budget. He was caught by surprise
when the CEO stated that in a meeting held with the LME representative they
were given a clear signal that the substance abuse program was not going to be
continued.
Mr. Carder was surprised
by this comment also since he was the person in the meeting. He had not reached that conclusion at the
time. He had said they were concerned
about the cost of the program and the availability of it to be able to reach
the number of people that it needs to reach.
It is currently over $900 per day for the cost of that care. We are looking at funding some programs
around an $800 per day for intensive hospital costs, social detoxification, and
other kinds of detoxification operations that are much less expensive than
that. We are looking at some alternative
creative ways to utilize their resources that’s around the idea of the
assessment center and whether or not they can use those beds in some other ways
as well to deal with crisis service rather than just detoxification. We are not saying that we are not going to
support it. The contract currently runs
through December with Pardee.
County Manager
ADOPTION OF FY 2008-2009 BUDGET
Chairman Moyer noted
that preliminary direction had been given to staff to take a look at certain
things and come back to the Board to see what affect it had on fund balance and
other things. This has been done to the
best of their ability.
County Manager
Board Directed Changes to Proposed Budget
Original Proposed Budget $115,890,727
Increased fuel funding
for County departments 325,000
Included 5 additional
staff in DSS budget – Case workers 240,000
Offset DSS positions
with state revenues (120,000)
Included 2 school Health
Nurses in Public Health budget 132,000
Added capital grant
match to WCCA for buses 16,000
Removed United Agenda
for Children funding (25,000)
Decreased Historic
Increased current
expenses for the Public School System 90,000
Increased capital
expenses for the Public School System 100,000
Appropriated additional
Fund Balance to offset these changes (757,750)
Board Revised Budget $116,768,477
In addition to the
changes above, the Budget Ordinance narrative in Section 24 has been revised to
reflect the following changes to elected officials’ compensation:
1.
Reflect
the annual salaries including the cost of living adjustments for elected
officials. (i.e. Register of Deeds, Sheriff, and Board of Commissioners)
2.
Removed
number 3, which set the annual salary for the Tax Collector. This position is no longer an elected position and is
covered with the County’s compensation plan and therefore the Board of
Commissioners is not required to establish this salary by Ordinance.
Fund Balance Estimate
The new fund balance
appropriation is $2,037,060. This
represents an estimated 11.43% of the $116,768,477 budget. This will be revised subject to the County’s
annual audit.
The budget ordinance is
reflective of those changes.
Chairman Moyer had gone
over the documents and pretty much satisfied with the direction given but put
two items back on the table for discussion.
The United Agenda had
made a pretty good case indicating that if there were funding at some level it
helps them in their other fund raising efforts to show that there is support
from the County. We are the last
Governmental board supporting that group.
It would be very positive if we show some level of support and he suggested
$10,000 and make it very clear that this is the last year of that support.
With respect to the
school supplement for teachers, Commissioners had worked many ways to try to
work with this; an additional $600,000 would take the fund balance down below
11%. He recommended offering ½ of 1%
which would be approximately $300,000.
This would be the first change in teacher supplement in at least 20
years. This would show our sensitivity
to the subject and our desire to try to move this in the right direction and
leave our fund balance around 11.1%.
Chairman Moyer stated
that with these two changes he would support the budget ordinance as presented.
County Manager
Commissioner Williams
questioned if the other municipalities were funding the United Agenda for
Children. He was in support of an
increase of the teacher supplement.
Commissioner McGrady stated
that most municipalities had not adopted their budget this year. In the prior year all municipalities had
supported the United Agenda for Children except the City of
Commissioner Young made the motion that the Board approve
funding the school teacher supplement at ½% or $305,680 and earmark this for
the teacher supplement. He further moved
that the Board approve funding for the United Agenda for Children in the amount
of $10,000. These two items will be
removed from fund balance and replaced when the revenue comes in to do so.
Commissioner Messer was
in favor of the motion and felt that this was a good step forward to resolve
issues between the Board of Education and the Board of Commissioners and a good
way to help children.
Commissioner Williams
wanted the public to recognize that the Board was making efforts. County offices were looking at an even budget
or very minimal increase in budget. The
Board was now looking at funding for schools even before any further action was
taken today. The funding for schools was
an approximate 7% increase.
After further
discussion, the Board voted unanimously
in favor of the ½% teacher supplement increase, and $10,000 funding for United
Agenda for Children.
Chairman Moyer made the motion that the Board approves the
FY 2008-2009 Budget as submitted inclusive of the two changes put forth in the
former motion by Commissioner Young.
Commissioner McGrady was
in conflict with the budget. He felt
that after all the counties adopt their budgets and set their property tax
rate,
Chairman Moyer stated
that the following changes would apply to the Budget Ordinance:
Page 1
Fund Balance
Appropriated Proposed $ 2,037,060 Revised $
2,352,740
Total General Fund
Revenues Proposed $116,768,477 Revised $117,084,157
Page 3
Dues & Non-Profit
Contributions Proposed $
389,739 Revised $ 399,739
Page 4
Public School System Proposed $
19,900,242 Revised $ 20,205,922
Chairman Moyer reminded
the Board that a motion was on the floor to approve the budget and the budget
ordinance with changes calculated by Selena and Amy. All
voted in favor and the motion carried.
BREAK
A five minute break was
taken.
PUBLIC HEARING – 2008 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
Commissioner Messer made the motion that the Board go into
public hearing with respect to the 2008 Community Development Block Grant
Application. All voted in favor and the
motion carried.
Anthony Starr stated
that the North Carolina Division of Community Assistance (DCA) will award
The Scattered Site
Housing Rehabilitation program is designed to assist low-income homeowners by
making repairs to their homes. To
qualify for assistance, individuals must meet the following minimum
requirements:
Assistance to property
owners will be in the form of no interest, no payment, deferred loans which are
forgiven over 8 years. Each property
owner must sign a deed of trust with the County for the period of the loan.
Two hearings are
required prior to submitting an application to DCA by July 31, 2008. This first hearing is generic and covers all
of the categories of CDBG grants offered by DCA. The second hearing
to be held later will be for the specific purpose of taking public comments on
the planned use of the $4,000,000 grant.
A selection committee to be appointed by the Board will work with staff
to select the homes targeted for the funds.
The public will be notified of the qualifications for assistance and
will be invited to apply. An objective
rating system emphasizing the elderly and handicapped will be used to make the
selections.
Public Input
There was none.
Commissioner McGrady made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
PUBLIC HEARING – CONSIDERATION OF OFFER OF
INCENTIVES TO ARVIN MERITOR, INC .
Commissioner Williams made the motion that the Board go into
public hearing in respect to consideration of offer of incentives to Arvin
Meritor, Inc. All voted in favor and the
motion carried.
The Company is a
manufacturing concern operating worldwide, including a plant located near
Fletcher,
The Board considered
granting assistance toward actual expenditures incurred in the Company’s plan
to construct its operation up to a maximum payment equaling seventy percent
(70%) of the tax revenue paid by the Company to the County each year as a
result the investment for a total of seven (7) years. Each year’s incentive payment for the five
(5) years incentives would be paid would be limited, under this proposal, to
seventy percent (70%) of the ad valorem property tax resulting from the capital
investment for such year.
If approved, the request
would be funded through the general property tax revenue.
President and CEO of the
Partnership for Economic Development Andrew Tate stated it was a little over a
year ago when a press release came out that Arvin Meritor, Inc., announced a
cut of roughly twenty-eight hundred (2800) jobs globally and closed 13
plants. This was a good primer for us to
get into a hurry to make sure that we were well positioned not only to retain
the facility and the employment we had here in
Brian Cavagnini, Plant
Manger for Arvin Meritor, Inc. thanked the Board for their consideration and
stated that he was looking forward to taking the offer back to the team.
Public Input
There was none.
Chairman Moyer stated
that this had been long, very interesting process. Arvin Meritor, Inc. went through a very
exhaustive evaluation of all their sites, all efficiencies of their operations,
where they should consolidate and where they should expand and he couldn’t say
enough for Andrew and Brian who have been a tremendous help in working with the
Board to pub forth the positive aspects of our area and their plant. The most positive thing is that Brian runs a
very efficient plant.
Chairman Moyer made the motion that the Board move on this
incentive at the levels stated by the
Commissioner Messer made the motion that the Board go out of
public hearing. All voted in favor and
the motion carried.
PUBLIC HEARING – REZONING APPLICATION #R-2008-02
Commissioner McGrady made the motion that the Board go into
public hearing in regards to Rezoning Application #R-2008-02. All voted in favor and the motion carried.
Planner Parker Sloan
stated that rezoning application #r-2008-02, which was submitted on February
26, 2008, requests that the County rezone approximately 1.83 acres of land,
located off
Chris and Natalie Kiefer
recently acquired tract C from William Carl Swain and submitted a new
application. William Carl Swain is no
longer an applicant but will remain the appointed agent for Walter Maki and
Joseph Swain.
The Subject Area is
currently zoned R1 (Residential One) as a result of the adoption of the Land
Development Code. The Subject Area was
previously zoned T-15 (Medium-Density Residential).
It is generally
incumbent upon the Applicant to demonstrate an overriding justification for
approving a given rezoning application.
Staff suggests the Applicant not discuss any specific use being considered
for the property.
The Henderson County
Planning Board considered rezoning application #R-2008-02 at its regularly
scheduled meeting on April 17, 2008. During
that meeting, the Board voted 6 to 0 to send the Boar of Commissioners a
favorable recommendation for rezoning application #R-2008-02 to rezone the
Subject Area from existing R1 zoning district to a CC zoning district.
Before taking action on
the application, the Board of Commissioners must hold a public hearing. In accordance with §200A-314(c) and
200A-337(b) of the Henderson County Land Development Code and State Law,
notices of the June 2, 2008, public hearing regarding rezoning application
#-2008-02 were published in the Hendersonville Times-News on May 14, 2008 and
May 21, 2008. The Planning Department
sent notices of the hearing via first class mail to the owners of properties
adjacent to the Subject Area and the Applicants and posted signs advertising
the hearing on the Subject Area on May 14, 2008.
Public Input
There was none.
Commissioner Williams made the motion that the Board
recommend approval of rezoning application #R-2008-02 to rezone the Subject
Area from an R1 (Residential One) zoning district to a CC (Community
Commercial) based on the recommendations of the Henderson County 2020
Comprehensive Plan. All voted in favor
and the motion carried.
Commissioner Messer made the motion that the Board go out of
public hearing. All voted in favor and
the motion carried.
PUBLIC HEARING – REZONING APPLICATION #R-2008-03
Commissioner McGrady made the motion that the Board go into
public hearing in regards to Rezoning Application #R-2008-03. All voted in favor and the motion carried.
Planner Matt Cable
stated that rezoning application #R-2008-03, which was submitted on February 28,
2008, by Robert Camenzind, owner along with McNutt Investments LLC, and their
agent Charles A. Wilkins, requests that the County rezone approximately 19.15
acres of a 26.53 acre tract off of McMurray Road from Residential Two with
Manufactured Housing (R2MH) zoning district to an Industrial (I) zoning
district. The Subject Area is one parcel
(PIN 9588-24-4381) owned by Robert O. Camenzind, trustee Enno F. Camenzind
Trust. On April 1, 2008, the Henderson
County Technical Review Committee voted unanimously to send forward a favorable
recommendation.
The Henderson County
Planning Board considered rezoning application #R-2008-03 at its regularly
scheduled meeting on April 17, 2008.
During that meeting, the Board voted 6 to 0 to send the Board of Commissioners
a favorable recommendation for rezoning application #R-2008-03 to rezone the
Subject Area from an existing R2MH zoning district to an Industrial zoning
district.
Staff encourages the
Applicant to present any information that would inform the County’s
consideration of the proposed rezoning.
Staff requests the Applicant not discuss any specific use being
considered for the property as the Board cannot take this into consideration.
Before taking action on the application, the Board of Commissioners must hold a
public hearing. In accordance with
Section 200A-314 of the Henderson County Land Development Code and State Law,
notices of the June 2, 2008, public hearing regarding rezoning application
#R-2008-03 were published in the Hendersonville Times-News on May 14, 2008 and
May 21, 2008. The Planning Department
sent notices of the hearing via first class mail to the owners of properties
adjacent to the Subject Area and the applicant on May 14, 2008 and posted signs
advertising the hearing on the Subject Area on May 14, 2008.
Public Input
Planning Director
Anthony Starr stated
that it was sometimes unpredictable to tell what the affect would be for
rezoning on a particular property. It
won’t assign a different zoning classification other than for the Subject Area. It might affect the assessment and that would
be a question for the
County Manager Steve
Wyatt stated
that as time goes on there would be a potential for change as the area develops
but there would be that potential regardless of the action the Board takes.
Chairman Moyer stated the simple fact
that this property be rezoned would have no direct affect on his assessment or
taxes. Mr. Galloway’s land was included
because the economic development group was charged by the Board to bring good
paying industrial jobs into the area; in order to do this you must have sites
that are favorable to them to locate their businesses or plants. Our partner went through the area and
identified areas that we thought were good sites for considering future
industrial growth. No decisions are made
at this time; we are only indicating that this land has potential for industrial
use.
Chairman Moyer stated that he did not
think that any of the property at the other industrial park was available. A man placing his business has the right to
look for a piece of land in places where he thinks it is most appropriate. Questions in regards to the roads should be
address to the NCDOT.
Commissioner McGrady made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
Commissioner McGrady made the motion that the Board approve
rezoning application #R2-008-03 to rezone that portion of the Subject Area as
shown on pay from an R2MH (Residential Two with Manufactured Housing) zoning
district to a I (Industrial) zoning district as recommended by the Staff
Report. I further move that rezoning
application #R-2008-03 is consistent with the recommendation of the Henderson
County 2020 Comprehensive Plan. All voted
in favor and the motion carried.
PUBLIC HEARING – REZONING APPLICATION #R-2008-04
Commissioner McGrady made the motion that the Board go into
public hearing in regards to Rezoning Application #R-2008-04. All voted in favor and the motion carried.
Planner Matt Cable
stated that rezoning application #R-2008-04, which was submitted on March 3,
2008 by Owners Gregory and Leslie Shipley along with their agent Kirk Ledoux,
requests that the County rezone approximately 0.48 acres of land, located at
the intersection of Stoney Mountain Road (SR1383) and Mountain Road (SR1381),
approximately 261 feet from the intersection of Mountain Road (SR1381) and
Haywood Road (NC Highway 191) from Residential One (R1) zoning district to
Local Commercial (LC) zoning district.
The Subject Area is one parcel (PIN 9650-51-8601).
The Henderson County
Planning Board considered rezoning application #R-2008-04 at its regularly
scheduled meeting on April 17, 2008.
During that meeting, the Board voted 6 to 0 to send the Board of
Commissioners a favorable recommendation for rezoning application #R-2008-04 to
rezone the Subject Area from an existing R1 zoning district to a LC zoning
district.
Before taking action of
the application, the Board of Commissioners must hold a public hearing. In accordance with Section 200-A-314 of the
Henderson County Land Development Code and State Law, Notices of the June 2,
2008, public hearing regarding rezoning application #R-2008-04 were published
in the Hendersonville Times-News on May 14, 2008 and May 21, 2008. The Planning Department sent notices of the
hearing via first class mail to the owners of properties adjacent to the
Subject Area and the applicant on May 14, 2008 and posted signs advertising the
hearing on the Subject Area on May 14, 2008.
Public Input
There was none.
Commissioner McGrady made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
Commissioner Williams made the motion that the Board approve
rezoning application #R-2008-04 to rezone the Subject Area from an R1
(Residential One) zoning district to a LC (Local Commercial) zoning district as
recommended by the Staff. I further move
that rezoning application #R-2008-04 is consistent with the recommendations of
the Henderson County 2020 Comprehensive Plan.
All voted in favor and the motion carried.
Commissioner McGrady
commented that this is a commercial service center area that continues to
bother him. When the Board looks at the
comprehensive plan again, and he is still a board member, he would like to look
closer at this one.
PUBLIC HEARING – REZONING APPLICATION #R-2008-09
Commissioner McGrady made the motion that the Board go into
public hearing in regards to Rezoning Application #R-2008-09. All voted in favor and the motion carried.
Planner Matt Cable
stated that rezoning #R-2008-09, which was initiated by Henderson County
Planning Staff on behalf of the property owners after they submitted a
petition, processes a request that the County rezone approximately 15.48 acres
of land, located off US Highway 25 North near its intersection with Holbert Road
(SR1367), from a CC (Community Commercial) zoning district to an RC (Regional
Commercial) zoning district. The Subject Area is comprised of four (4) parcels
of land. The property owners are: Bryan L. Vaughn (PIN: 9651-52-2346); Gene A. Wilkie
and Wife (PIN: 9651-51-9783) and (9651-51-9293); and Geneco Inc. (PIN:
9651-51-8627).
The Henderson County
Planning Board considered rezoning application #R-2008-09 at its regularly scheduled
meeting on May 15, 2008. During that
meeting, the Board voted 5 to 0 to send the Board of commissioner an
unfavorable recommendation, recommending denial of rezoning request #R-2008-09
to rezone the Subject Area from an existing CC zoning district to an RC zoning
district consistent with the recommendations of the Henderson County 2020
Comprehensive Plan. Further, the
Planning Board recommended that these parcels be considered as part of a
limited Small Area Zoning Study.
Specifically the Planning Board recommended that the study include those
properties along US Highway 25 North zoned Community Commercial (CC) and
falling the Regional Commercial (RC) and Local Commercial (LC) zoning districts
as currently applied.
Before taking action on
the application, the Board of Commissioners must hold a public hearing. In accordance with §200A-314(C) and
200A-337(B) of the Henderson County Land Development Code and State Law,
notices of the June 2, 2008, public hearing regarding rezoning application
#R-2008-09 were published in the Hendersonville Times-News on May 14, 2008 and
May 21, 2008. The Planning Department
sent notices of the hearing via first class mail to the owners of properties
adjacent to the Subject Area and the property owners on May 14, 2008 and posted
signs advertising the hearing on the Subject Area on May 14, 2008.
Planning Director
Anthony Starr stated that the Planning Staff, Technical Review Committee, and
Planning Board recommend denial of this rezoning request for several
reasons. While it may appear to some
that the new Land Development Code show how has significantly limited the range
of uses permitted in this area, this is not the case. With the recent revisions to the LDC, there
are only a few differences between the Community Commercial (CC) and Regional
Commercial (RC) districts.
One point of discussion
has been “automobile and equipment service” and “motor vehicle sales or
leasing” s uses in the CC district.
Automobile and equipment service is allowed in both districts as a use
permitted by right; this included automobile towing as an accessory use. Permitted by right means only a zoning permit
and perhaps a site plan are needed for a new business to operate. Motor vehicles sales or leasing is permitted
by right in the RC district and is permitted in the CC district as a special
use. A special use requires approval by
the Board of Adjustment. While this area
seems entirely appropriate for motor vehicles sales or leasing, other areas of
the county zoned CC may not be as suitable or may require specific provisions
to protect neighbors.
The major difference
between the RC and CC is that large “big box” development is allowed in the RC
whereas the CC limits retails uses to 80,000 square feet of gross building
floor area. The largest grocery stores
are typically less than 80,000 square feet while structures with more than
80,000 – 100,000 square feet are typically the large home improvement stores or
large national retail chain stores.
It appears that the
requested rezoning would not support at big box type development given its
current acreage (13.5 acres divided by Hwy 25).
Applying the RC zoning to the site may set the stage to the site may set
the stage for a future rezoning request to expand the area for a big box
development. This could be possible with significant filling of the floodplain
property in the area on the eastside of Hwy 25 (staying within the 20% fill
limit).
There are quite a few
homes in the area that could be significantly affected by a large retail
development and this may put the County on the path to a land use conflict with
neighbors in the area. While it is
understandable that folks do not want to endure the extra step of obtaining a
special use permit, it does provide a check and balance for what might happen
with property in key areas.
It has been suggested
that the LDC text could be changed to allow motor vehicle sales or leasing as a
permitted by right in the CC district.
While this may solve some of the concerns of the subject area’s property
owners, it may create other issues. As
previously mentioned not all areas zoned CC may be suitable for large motor
vehicle sales lots. If the Board desires
to move in this direction, it may be appropriate to create large and small
vehicle sales classifications and allow larger lots with a special use permit
in the CC. Smaller lots could be allowed
by right. Community Commercial districts
often directly abut neighbors and these uses and how they impact residential
neighborhoods is a point to consider.
The Planning Board has
suggested that a limited Small Area Zoning Study be initiated to evaluate the
proper zoning classification for this immediate area. Planning Staff supports this suggestions and
he believes that we could complete this task in a short period of time (60-90
days) using the wisdom and knowledge of the Planning Board.
How big of an area is
it?
The Planning Board was only talking about the area that
was previously zoned C4 and was zoned to Community Commercial; the area just to
the South of this subject area to the cemetery.
Public Input
We the property owners
of US Hwy 25 North would like to request a reinstatement of our original full
commercial zoning RC, (previously C4) is the closest match. Being that none of the eight property owners
were aware of the changes or taking away of our commercial zoning, we were not
able to address this when it happened.
We believe this to be in the best interest of ourselves and
Just Friday he received
a whole packet from the Planning Department and he could go through and answer
every reason that had for not giving us; but each one of those reasons could
just as well be applied to the RC properties to the north of them. With one exception which is Interstate 26. For some reason they don’t deem us to be
worthy of the RC even though they are as close to I-26 as the RC properties to
the north. He is curious as to what
magic the interstate has. This would
enable them to continue business, to change business as needed by right. In all fairness he did find one thing that
the interstate can provide which is garbage collection.
Commissioner Williams
stated that he was concerned because when the Board of Commissioners approved
the Land Development Code they did not have time to go through the maps in tremendous
detail. He felt that the Board had
committed that whenever they approved it they would not make life difficult for
folks who came forward where the Board just simply missed some zoning
calls. He questioned if the Board had
the legal grounds to go in and say basically that those areas here within the
pocket along US Hwy 25 North that were previously zoned as C4, he would
recommendation that they all be zoned as RC (Regional Commercial).
Chairman Moyer asked
Planning Director Anthony Starr if the area is defined. Is it clear who is to be included and who is
not? He questioned if there were people who had not
been included but wished to be.
Planning Director
Anthony Starr responded that potentially there could be but he was not aware of
anyone other than Mr. Stepp and Mr. Bodenhamer.
He suggested that if the Board were inclined to rezone the corridor as
Regional Commercial he recommended advertising the entire area that is
currently Community Commercial going to Local Commercial. The Board could take action on the noticed
parcels tonight and then direct planning staff to initiate rezoning on the
other parcels. They will have to go
through the required process where the State Statute requires a Planning Board
recommendation prior to the Board taking action.
After lengthy discussion
Chairman Moyer made the motion that the Board sends this directly to the Planning
Board to look at it extensively and bring back their recommendation to the
Board so that the Board may set a public hearing with respect to initiating
rezoning of the property that was previously C4 to Regional Commercial and take
action with 45 days.
Chairman Moyer stated
that this would be a charge to the Planning Board and Staff to look at the
whole area.
Questions were raised in
regards to Mr. Wilkie and his business being in compliance.
Associated County
Attorney Sarah Zomban stated that Mr. Wilkie currently has an appeal scheduled
before the Zoning Board of Adjustment in regards to the non-compliance
issue. He also has a special use permit
application pending. The County’s
position has always been that we will not enforce, in a non-compliant issue,
until the special use permit and the appeal are heard.
Ms. Zombon stated that
she would recommend to the Zoning Board of Adjustment that Mr. Wilkies issues
be deferred until after the Board of Commissioners has dealt with the issue.
Chairman Moyer reminded
the Board of the motion on the floor. He
reemphasized that the whole area would be resolved with 45 days. The motion passed 4-1 with Commissioner
Messer voting nay.
Commissioner Williams made the motion that the Board go out
of public hearing. All voted in favor
and the motion carried.
BREAK
A five minutes break was
taken to change video tapes.
Chairman Moyer called
the meeting back to order.
RIGHT OF WAY PURCHASE NORTH CAROLINA DEPARTMENT
OF TRANSPORTATION (NCDOT) 6TH AVENUE CLUBHOUSE PROPERTY
County Engineer Marcus
Jones stated that NCDOT has submitted necessary documents for the purchase of a
portion of the County’s property at 714 Sixth Avenue, Hendersonville, NC for
their project to widen US 64 (6th Ave). In addition to the right of way purchase,
NCDOT is requesting an additional temporary construction easement. The proposed compensation from NCDOT is $32,100
for 0.03 acres of the total 0.45 acres.
The proposed Deed and Summary of the Offer were provided to the
Board. This offer equates to $1,070,000
per acre and was derived form an appraisal of the property. A detailed sketch and six pictures illustrating
the portion of the proposed acquisition and easement were also provided. The facility is currently being used by the
Sixth Avenue West Clubhouse (Sixth Avenue Psychiatric Rehabilitation Partners). The Executive Director, Jacqueline Combs, has
reviewed the proposed acquisition and commented that it would not effect their
operations.
Chairman Moyer stated
that the Clubhouse was saved and funds invested to buy it however, we still
have outstanding debt. Unless we come up
some unforeseen problem, under some document that exists, he suggested the
money be used to reduce the debt still remaining on the property.
Commissioner McGrady made the motion that the Board of
Commissioners approves NCDOT’s offer to purchase right of way and a
construction easement at
COMMISSIONER
MEETING ROOM DESK MODIFICATIONS
Commissioner Williams made the motion that the Board directs
staff to pursue alternative options with respect to the configuration of the
conference desks and make effort to greatly reduce expense and also include
pursuing all avenues in terms of any purchases that need to be made through the
use of
ETHICS CODE
While considering the
adoption of rules of procedure for the Zoning Board of Adjustment and
thereafter, several Board members requested a draft comprehensive ethics code
to apply to
A draft code was
provided which would flatly prohibit any official taking any official, county
related action which would benefit themselves, their family, their business or
their employer. It also prohibits
serving on any board or committee which acts in an appellate capacity to
another board on which a member sits or positions which member holds.
Note: This is intended to be fairly stringent
position in this regard. The Board may
wish to adopt this position, or consider less stringent positions (disclosure
only, no prohibition, for example). A
copy of the final code is attached hereto and incorporated as a part of the
minutes.
Commissioner McGrady made the proposal that the Board adopts
the draft policy as recommended with the addition of 3-I with the addition that
the portion of the policy related disqualification of a person because of their
acting in an appellant capacity would become affective 6 months from this
date.
Discussion was held in
regards to the timeframe of the individual acting in an appellant capacity.
Commissioner McGrady withdrew his motion.
Commissioner Messer made the motion that the Board adopts the
ethics code policy as presented with the addition of section 3-I and work it out
with any parties in which there may be a conflict with a violation of the
policy as promptly as we can. All voted
in favor and the motion carried.
2007-2011 STRATEGIC PLAN ANNUAL UPDATE
The 2007-2011 Strategic
Plan Annual update as discussed by the Board of Commissioner during the January
2008 planning workshop was provided.
Commissioner Williams
added that some farmland preservation measures had already been taken along
with enhanced agricultural districting.
Chairman Moyer suggested
adding in Goal 4 item C, farmland preservation and D, enhanced agricultural
districting and add a date behind both and adjust as necessary going
forward.
Commissioner Williams made the motion that the Board
approves the Strategic Plan Update as presented and as amended. All voted in favor and the motion carried.
DESIGNATION OF VOTING DELEGATE TO NACO ANNUAL
CONFERENCE
The National Association
of Counties (NACo) has requested that the Board of Commissioners designate a
Voting Delegate and a First Alternate for the Annual Conference being held in
Jackson County, Missouri on July 11 – 15, 2008.
This year the Board is also requested to select its preference on what
NACo should do with our ballot if it is not picked up by either our delegate or
alternate. The options available to the
Board are:
Commissioner McGrady made the motion that the Board of
Commissioners designates Charlie Messer as
There was nothing
further at this time.
The
IMPORTANT DATES
Set a Public Hearing on
2008 Community Development Block Grant Application for Infrastructure
Andrew Tate stated that
the 2008 Small Business & Entrepreneurial Assistance Grant Program (SBEA)
Community Development Block Grant (CDBG) application period has begun. Planning Staff recently learned through the
Partnership for Economic Development (PED) that a local manufacturing business
is considering expansion. The expansion
would require extending public sewer to the site and the SBEA grant may provide
assistance in the cost of the sewer line extension. The Warm Company, located on
Commissioner McGrady made the motion that the Board set a
public hearing for the 2008 Small Business & Entrepreneurial Assistance
CDBG for Wednesday, June 18, 2008 at 11:00 am.
All voted in favor and the motion carried.
Set Public Hearing on
Rezoning Application #R-2008-06 and #R-2008-07
Commissioner McGrady made the motion that the Board set a
public hearing on rezoning application #R-2008-06 and #R-2008-07 for Monday,
July 7, 2008 at 7:00 pm. All voted in
favor and the motion carried.
New Countywide Flood
Insurance Rate Maps (FIRMs): Set Public
Hearing on Rezoning #R-2008-08 & Text Amendment #TX-2009-02
Commissioner McGrady made the motion that the Board set a
public hearing on rezoning request #r-2008-08 and text amendment #TX-2008-02
for Monday, July 7, 2008 at 7:00 pm. All
voted in favor and the motion carried.
Set Public Hearing on
Commissioner Williams made a motion that the Board set a
public hearing on the economic development matter “
Request for public
hearing on permanently closing of easements
This item will be placed
on the June 18, 2008 agenda.
Reschedule August
meeting dates. Due to a conflict with
the NCACC Annual Conference, being held August 21 – 24, 2008, the Board of
Commissioners is requested to review the dates of the August meetings. Chairman Moyer suggested cancelling the two
August meetings and schedules a meeting either August 11 at 5:30 pm
or August 13 at 9:00 am.
Commissioner McGrady made the motion that the Board cancel
both regularly scheduled August meetings, and schedule a meeting on August 12,
2008 at 5:30 pm at the Historic Courthouse.
All voted in favor and the motion carried.
Chairman Moyer reminded
the Commissioners of a special meeting of the Board on Wednesday at 10:00 am to
deal with Pardee financing.
CANE CREEK WATER & SEWER DISTRICT - none
CLOSED SESSION - none
ADJOURN
Commissioner McGrady made the motion to adjourn at 9:48 pm. All voted in favor and the motion carried.
Attest:
______________________________________ ________________________
Teresa L. Wilson, Deputy Clerk to the Board William L. Moyer, Chairman