MINUTES

 

STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                    NOVEMBER 18, 1998

 

The Henderson County Board of Commissioners met for a special called meeting at 9:00 a.m. in the Commissioners= Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.

 

Those present were: Chairman Bob Eklund, Vice-Chair Grady Hawkins, Commissioner Renee Kumor, Commissioner Vollie G. Good, Commissioner Don Ward, County Manager David E. Nicholson, Assistant County Manager Angela S. Beeker, County Attorney Don H. Elkins, and Clerk to the Board Elizabeth W. Corn.

 

Also present were: Planning Director Matt Matteson, Planner Karen Collins, Staff Attorney Jennifer O. Jackson, and Public Information Officer Chris S. Coulson.

 

CALL TO ORDER/WELCOME

Chairman Eklund called the meeting to order and welcomed those in attendance.

 

PLEDGE OF ALLEGIANCE

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

 

INVOCATION

Ralph Hill, Minister of Grace Lutheran Church, gave the invocation.

 

DISCUSSION/ADJUSTMENT OF AGENDA

Commissioner Ward asked that one item be added - Investigation of a Moratorium on Manufactured Home Parks.

 

Presentation of Plaques

Commissioner Hawkins asked to be allowed to make a few remarks.  This is the last regular meeting that Commissioners Eklund and Good will be attending.  He marked the occasion with a small momento.  Both Commissioners had served two terms of office.  He thanked both Commissioners for their service to Henderson County and on behalf of the County and the Commissioners, he presented each with a plaque recognizing their years of service to Henderson County.

 

Chairman Eklund asked that these items be added under Pending Issues - Water Extension - Little River Road, Work First Grant, and Application for Vested Rights.  Under Nominations he asked that we need a Commissioner for DSS for the Task Force on Timely and Effective Mental Health for Foster Children.

 

Commissioner Kumor asked that one item be added - a Discussion of fees that we charge.

 

 


INFORMAL PUBLIC COMMENTS

1. Bryan Aleksich - Mr. Aleksich stated that this was the last time he would address the current Commissioners as a governing body so he wanted to tell them what he was pleased with over the past four years and what he was not pleased with.

 

He expressed his gratitude to Chairman Eklund for allowing him and many others more than the allotted 3 minutes for speaking to the Board.  He was also grateful that the Commissioners pay attention to what the people say.  He stated that the Board has probably never acted on anything that he has said but they do listen carefully and sincerely.  He also expressed appreciation for the enormous workload the Board carries and the responsibility they carry.  He cannot believe the length of the meetings or the extent of the agenda.

 

What has displeased him, he had a long list but focused on one small item as an example of his disappointment.    He spoke about the landfill and the need for paving at the recycling bins, stating that he had spoken about this more than once.  Mr. Nicholson assured Mr. Aleksich previously that he would spend the $40,000 to asphalt the recycling area which subsequently went through two budget cycles and $140,000,000 without being able to find the money needed for this small asphalt project. 

 

Mr. Aleksich stated that the County Manager is not responsible to the public but the Board of Commissioners is. In 1991 we did not have a County Manager, now we have two and he has a press secretary which has cost the taxpayers somewhere between $40,000 and $50,000 over the last two plus years.  AThis is the period during which he scrunched and scrunched and just couldn=t find the money@.  He stated that the Board has taken Mr. Nicholson=s lead instead of leading and that was his greatest disappointment in the Board.

 

2. Suzanne Tiller - Ms. Tiller is a Hooper=s Creek resident.  She requested a moratorium on Mobile Home Parks that include more than 10 mobile homes to give the county time to complete  work on a Mobile Home Park Ordinance.  She said this is an issue of public health, safety, and general welfare not just for the residents of Hooper=s Creek but the future residents of these mobile home parks.  She stated that the issue is not mobile homes but the density of mobile homes in a very specific limited area.  She asked the Board to set a meeting in the community

so the citizens of the community can show their support.

 

3. David Lewis - Mr. Lewis is a resident of Henderson County a property owner who joins the land of the mobile home park that is proposed for Jackson Road.  He asked the Board to take a close look at the proposed development.  He stated that where the park is proposed to go in is in a natural floodplain. 

 


4. Lane Godsey - Mr. Godsey is a Psychologist and a resident of Henderson County for the past 8 years.  He spoke on behalf of himself and 500 residents who signed a petition from the Hoopers Creek area regarding the proposed manufactured home development.  He read what the petition said AWe the undersigned residents of the Hoopers Creek Community hereby petition for your assistance in preventing the proposed manufactured home park to be built by Roger Wolff located on property owned by Billy Taylor on Jackson Road.  We feel that this park would be a detriment to our community and would cause added problems for school system, law enforcement agencies@.  He stated that they were able to get these 500 signatures together in very short order.  He stated that he has a very strong feeling for the need for affordable housing in Henderson County, being a big priority.  He has nothing against manufactured homes.  He stated that the idea of 600 residents packed together with absolutely no restriction or no control is extremely frightening, stating we=re looking at burdens on roads, water, sewer, garbage, law enforcement, schools, water run-off.  AWe have a potential disaster in the making out there.@ He asked the Board to put in a moratorium on manufactured home parks over 10 units.  If that is not possible, then he requested a moratorium on the water and sewer situation in the area. 

 

5. Jim Clayton - Mr. Clayton thanked the Board for the opportunity to be heard.  He stated that this issue is not just important to the residents of Hoopers Creek but also to the full county.  He asked to go on record that he appreciated the attention and the response that the neighbors in the Town of Fletcher have given to their concerns as evidenced by the letter the Board had received asking that they consider a moratorium on the mobile home issue.

 

6. Charles Messer - Mr. Messer is a resident of Hoopers Creek.  He owns and operates Hoopers Creek Grocery and is currently on the Fletcher Town Council.  He stated that he is opposed to the manufactured home project going where it is proposed to go.  He has met with the developer on several occasions and he is bound and determined to do this at whatever the costs.  He requested a meeting with the Commissioners in the Town of Fletcher or somewhere else as soon as possible.  He hand-delivered some letters to the Board of Commissioners from some developers in the area.

 

7. Donald J. Rhodes - Mr. Rhodes is a lifelong resident of Hoopers Creek and property owner.  He stated that he couldn=t say much more than has already been said but stated he rises in opposition to the proposed mobile home park on Jackson Road in Hoopers Creek due to the density it would cause in the area.  

 

Commissioner Ward asked that this item be addressed now rather than later in the agenda due to the attention it had received.

 

Investigation of a Moratorium on Manufactured Home Parks - add on by Commissioner Ward

Jennifer Jackson had distributed a Draft Notice of Public Hearing and a Draft Ordinance Imposing a Moratorium on the Development of Manufactured Home Parks in Henderson County.

 

In anticipation of this matter being added onto the agenda today, Staff had prepared a draft Ordinance Imposing a Moratorium on the Development of Manufactured Home Parks in Henderson County. She reviewed that Ordinance with the Board. 

 


The Purpose of the Ordinance is that concern has been expressed by citizens of Henderson County about potential effects which would be detrimental to the health, safety, or welfare of the citizens and the peace and dignity of the county caused by the unregulated development or expansion of manufactured home parks.  The Purpose of this Ordinance is to prohibit the development or expansion of manufactured home parks as defined in this ordinance for a definite and reasonable period of time to enable the Henderson County Board of Commissioners to consider an ordinance having an unlimited duration whether stand-alone or amendments to existing ordinances which shall regulate manufactured home parks.  The authority that this moratorium ordinance would be adopted under would be Article 18 of Chapter 153A and also the NC General Statute 153A-121. 

 

She reviewed the definition of Manufactured Home Park. The definition was taken out of the most recent manufactured home park ordinance draft that the Commissioners have seen.  The jurisdiction of this moratorium ordinance would apply to all unincorporated areas of the county and with any incorporated area over which the County, by general or local law exercises those powers under Article 18 of Chapter 153A. 

 

The Moratorium section reads that there is whereby imposed a moratorium on the development or expansion of manufactured home parks within the County of Henderson, no permits pertaining to or in aid of the development or expansion of a manufactured home park, including but not limited to the issuance of a set up permit for a manufactured home when the set up of a manufactured home pursuant to such permit issuance would cause the creation of a manufactured home park as defined in the ordinance or the expansion of an existing manufactured home park may be issued by any county department under the control of the Board of Commissioners during the moratorium.  The moratorium shall continue in full force and effect for a period of six months which set period shall expire at midnight on June 7, 1999, assuming adoption.  Exceptions to the moratorium essentially include replacement of any manufactured homes within a manufactured home park existing as of the day of the moratorium or the issuance of the permits related to the replacement of those homes.  There is a severability clause in here which means that if any part of the moratorium ordinance is deemed unenforceable or unconstitutional, then the remainder of the moratorium will continue in effect. The enforcement provision reads that this ordinance may be enforced by any legal and equitable remedies including but not limited to injunctive relief.  Effective date would be upon adoption.

 

This moratorium ordinance would be adopted under your planning powers under Article 18 of NCGS Chapter 153A.  It does require a public hearing after notice has been advertised for two consecutive weeks.  She reviewed her draft Notice for Public Hearing and suggested the date for public hearing of December 7.

 

Commissioner Good asked the County Attorney if he felt this was legal, doable, and enforceable.

 

Don Elkins stated that he had read over the proposed ordinance and had no problems with it and recommended the notice of public hearing be set, if that=s the desire of the Board.

 

Following much discussion, Commissioner Kumor made the motion to set the public hearing on a moratorium on manufactured home parks for December 7, 1998 at 7:00 p.m.  All voted in favor and the motion carried. 

 


Some of the discussion was about the drastic effect such a park would have on the school needs for that community. 

 

CONSENT AGENDA

Commissioner Hawkins made the motion to approve the Consent Agenda.  All voted in favor and the motion carried.  The CONSENT AGENDA included the following:

 

Review/Approval of minutes

The Board was presented minutes from the following meeting(s) for review and approval:

November 6, 1998, special called meeting

 

Notification of Vacancies

The Board was notified of the following vacancies which will appear under ANominations@ on the next agenda:

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

 

Tax Refunds

A list of 20 tax refund requests was presented for the Board=s consent approval.

 

Tax Releases

A list of 206 tax release requests was presented for the Board=s consent approval.

 

Tax Collector=s Report

Terry F. Lyda, County Tax Collector, presented the Tax Collector=s Report to the Board, dated November 12, 1998.

 

Capital Improvements Projects Reports

The Board was given copies of the October 1998 Capital Improvements Projects reports for information. 

 

Resolution - Use Less Stuff

The Board was asked to declare a AUse Less Stuff Day@ in Henderson County per the following resolution:

 

USE LESS STUFF (ULS)

      RESOLUTION

WHEREAS, North Carolina has signed on as an official sponsor of the national program of the 4th annual ULS (Use Less Stuff) Day scheduled for the Thursday preceding Thanksgiving (November 19th) highlighting the amount of waste created between Thanksgiving and New Year=s Day; and

 

WHEREAS, waste prevention (using less stuff) is the primary method by which we will be able to reduce pollution and energy consumption and thus the creation of greenhouse gases, the latter being linked to the potential for global climate change; and

 

WHEREAS, this program will raise awareness of source reduction, highlight the amount of waste created over the holidays and offer citizens alternatives to generating waste in the first place.

 


NOW, THEREFORE, BE IT RESOLVED that the Henderson County Board of Commissioners proclaim November 19th as USE LESS STUFF DAY (ULS Day) in Henderson County on this 18th day of November, 1998.

 

NOMINATIONS

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

Commissioner Kumor reminded the Board that we have a recommendation from the Community Advisory Committee to accept the applications and nominate:

1. Barbara Fountain

2. Geneva W. Moore

3. Sylvia M. Buckman Rentfro

 

Commissioner Kumor placed those three names in nomination.  Commissioner Ward made the motion to suspend the rules and appoint all three.  All voted in favor and the motion carried. 

 

2. Henderson County Zoning Board of Adjustment - 6 vac.

Commissioner Hawkins asked that this item be rolled to the next meeting.

 

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

Chairman Eklund asked for an up-dated print out of the City=s ETJ.

This item was rolled to the next meeting.

 

4. Henderson County Hospital Corporation Board of Directors - 3 vac.

Commissioner Hawkins nominated Bill Dunn and Bill Blalock.

Commissioner Kumor nominated Charles Waters and Dr. Caldemeyer.

Commissioner Ward nominated William Jameson and Dan Waddell.

 

A vote will be taken at the next meeting.

 

5. Laurel Park Board of Adjustment - 2 vac.

Commissioner Ward nominated Mr. Farrington.  There were no more nominations.  Commissioner Kumor made the motion to suspend the rules and appoint Mr. Farrington.  All voted in favor and the motion carried.

 

6. Laurel Park Planning Board - 1 vac.

Commissioner Hawkins nominated Mr. Cochran.  There were no more nominations.  Commissioner Kumor made the motion to suspend the rules and appoint Mr. Cochran.  All voted in favor and the motion carried.

 

7. Henderson County Travel & Tourism Committee - 4 vac.

Commissioner Ward asked that this item be rolled to the next meeting.  They are currently working on their Memorandum of Understanding.

 

DSS Task Force


The Commissioners set this Task Force up for Timely and Effective Mental Health for Foster Children.  Commissioner Kumor showed interest in serving as the Commissioner representative. Commissioner Ward nominated Commissioner Kumor.  Commissioner Ward made the motion to suspend the rules and appoint Ms. Kumor.  All voted in favor and the motion carried.

 

HENDERSON COUNTY ZONING BOARD OF ADJUSTMENT

Jennifer Jackson reminded the Board that at their November 2, 1998 meeting, the Board inquired into the feasibility of adding a seat to the Henderson County Zoning Board of Adjustment whose member represents the unzoned areas of the County.  This discussion was initiated out of concern that the Zoning Board of Adjustment serves as other boards, such as the Water Supply Watershed Protection Board.

 

She reviewed with the Board an excerpt from the Henderson County Zoning Ordinance which outlines the membership of the Zoning Board of Adjustment.  Section 1100 clearly states that the Board must be made up of at least five members but does not specify an exact number of members or a maximum number of members.  NCGS 153A-345 neither prohibits representation of unzoned areas nor specifies a maximum number of members on a zoning board of adjustment.

 

NCGS 153A-345 does require that a zoning board of adjustment have representation from each zoned area.  Henderson County currently has identified five zoning areas.  There are currently some vacancies in these seats; however, if the Board of Commissioners wishes to have unzoned representation the membership on the Zoning Board of Adjustment will need to be increased.

 

Staff had identified a couple of concerns with increasing the size of the Zoning Board of Adjustment. NCGS 153A-345 and the Zoning Ordinance prescribe that certain zoning board of adjustment action can only be done by a 4/5 vote.  By increasing the Zoning Board of Adjustment to 6 members, a vote requiring 4/5 will, in effect, require 5 out of the 6 members passing a vote.  This is a higher required pass rate than the 4/5 vote. Staff was also concerned that by increasing the membership on the Zoning Board of Adjustment more problems will arise concerning attendance. 

 

The Board of Commissioners should consider whether the concerns are outweighed by the benefits of having unzoned representation on the Zoning Board of Adjustment.

 

Action to increase the membership can be done by adoption of a resolution.  A draft resolution had been prepared by Staff and was in the agenda packet for the Board=s review.

 

Board action at this meeting to adopt the resolution creating the seat on the Zoning Board of Adjustment representing the unzoned areas, either as written or as the Board may wish to amend, would be appropriate.

 

Following much discussion, it was decided to wait on this item.  No action was taken.

 

RATIFICATION OF RACETRACK MORATORIUM AND INTRODUCTION OF DRAFT NOISE ORDINANCE


Jennifer Jackson reminded the Board that on November 12, 1998, the Board of Commissioners approved a 90-day moratorium on the construction or operations of racetracks pending enactment of a noise ordinance.  That moratorium ordinance was in the agenda packet for review.  Since all the Commissioners were not present at the meeting held on November 12th, it would be appropriate for the Board to ratify such action at this meeting.

 

In the agenda packet also was a noise ordinance which had been drafted by Staff based upon general direction from the Board.  This draft is still under review by Staff; however it would be appropriate for the Board to give Staff some further direction with regard to the contents of the draft noise ordinance or the review process that the Board would like to see used for the noise ordinance.

 

Commissioner Kumor made the motion to ratify the racetrack moratorium and the introduction of the Draft Noise Ordinance.  All voted in favor and the motion carried.

 

Chairman Hawkins - comment re: Noise Ordinance

Chairman Hawkins commented on Item B on page I, Aspecifically prohibited acts@.  One thing that was looked at was that there are a lot of things that generate noise other than racetracks.  The ordinance talks about accepting noise that results from normal operation of any commercial or industrial enterprise (on page 3).  Those would almost seem inconsistent if your enterprise was the operation of a competitive motorsport racing. 

 

Another area he had concern about was in the definition of Aracing of automobiles@.  If we=re able to build a training course at the Justice Academy for training of law enforcement officers - a driving course is pretty close to how you operate a racetrack.  AI=ve been on a driving course in California@. 

 

Another area that concerned him was the decibel levels that are set, at least some of the indications there that you may need to look at the threshold.  He thinks that when you look at public health and safety, duration is one of the prime things to consider as well as the amount of separation between where the noise is generated.  It may be important to look at the distance between where the noise is being created and what=s close to that distance, the amount of noise as well as the duration.

 

David Nicholson stated that this draft is still fairly new, staff continues to work on it.  A copy has been sent to the Sheriff=s Department to get the Sheriff=s input on it.  Staff has put together a Committee of citizens to work on the draft ordinance, along with representatives from the Chamber, etc.  He asked if the Board had any suggestions of people to serve on the committee.   It was suggested by the Board that this information be put on the web site so citizens can look at it there. 

 

Commissioner Ward asked if David Nicholson would contact George Bradshaw, he is a racing expert in the County.  It would be good to get his input.

 

Commissioner Good suggested Mr. Nicholson also contact UNC-Asheville for their input.

 

CODIFICATION


Jennifer Jackson stated that the Board held a very productive workshop on Monday evening to consider the adoption Ordinance of the Code.  It was passed as a first reading at that meeting.  There was not a full Board present at that meeting.  A public hearing was held as prescribed by law.  Ms. Jackson presented it for ratification of that Adoption Ordinance.

 

Commissioner Ward made the motion to approve the second reading of the Codification Ordinance and approve its adoption.  All voted in favor and the motion carried.

 

RESOLUTION TO RELEASE STATE FUNDS TO THE LAND-OF-SKY REGIONAL COUNCIL

David Nicholson stated that pursuant to Senate Bill 352 adopted in a past session of the General Assembly, the State Department of Commerce will appropriate up to $48,015 in State funds to the Land-of-Sky Regional Council.  Pursuant to Senate Bill 352, each local government within the Regional Council must adopt a resolution to release that governments=s share of the monies to the Regional Council by June 30 of a State=s fiscal year.  If the local government does not do so, this money reverts back to the State=s general fund.  It is staff=s understanding that none of this money comes directly to the local government, but is used by the Regional Council to provide assistance to the local government in the preparation of grant applications, economic development, community development, support of local industrial development activities, and other activities as deemed appropriate by the member governments.

 

Pursuant to Senate Bill 352, these funds cannot be used as the County=s member dues, or to supplant any funds which the County pays to Land-of-Sky.

 

Henderson County=s share of the available funds is $13,086.09.  A resolution had been prepared for the Board=s consideration to release this money to the Land-of-Sky Regional Council.  

 

Commissioner Good explained that this is a formality, it will not cost Henderson County any monies.  Commissioner Good made the motion to approve the Resolution to release State Funds to Land-of-Sky Regional Council.  All voted in favor and the motion carried.

 

UPDATE ON PENDING ISSUES

Water Extension - Little River Road - add-on by Commissioner Hawkins

Commissioner Hawkins stated that we just recently had a summit meeting with all the municipalities and county government.  One of the items that was discussed at that meeting that Mr. Hawkins was unaware of was a statement by Mayor Niehoff that it was the City=s policy to coordinate with both the municipalities and the county as far as extension of their services in the county.  Two days after that Commissioner Hawkins noticed a substantial waterline was being extended down Little River Road.  The people installing the line informed Mr. Hawkins that it was a new line, not a replacement.  

 

Commissioner Hawkins could not remember this issue having come before the Board of Commissioners.  He asked the Chairman to contact Mayor Niehoff for a response regarding the extension of this waterline which is about five miles outside of the City.  All were in agreement.

 


There was some discussion by Staff that a procedure needed to be established for receipt and response to inquiries from the City of Hendersonville regarding water lines.  It needs to be a more formal notification and response.

 

WorkFirst Grant - add-on by Commissioner Hawkins

Commissioner Hawkins reminded the Board that at the last meeting they were given some information on the possibility of securing approx. $130,000 in grant through a program that would be operated out of Buncombe County.  Subsequent to that presentation to the Board, the Committee working with the issue met at Blue Ridge Community College and after much deliberation, decided it probably wasn=t a good year for this County to apply for that grant.  There were three criteria for receipt and it was felt that we had maybe 5 - 8 people who have met the criteria.  It also called for additional staffing.  This was the first year the grant was offered.

 

No action was required.  This was just for the Board=s information.

 

Fees - add-on by Commissioner Kumor

Commissioner Kumor spoke about the moratorium on manufactured home parks and the need to add some additional fees per lot as there will be a lot of development.  This would give us money to provide additional needed infrastructure. 

 

Commissioner Kumor suggested that additional fees be added to applying for approval of subdivisions, whether manufactured home parks or stick-built subdivisions. 

 

Following discussion, Staff was requested to work on adding these additional fees for dwellings, etc. (Planning fees or Inspection fees)

 

Commissioner Kumor also told the Board that when she was in Raleigh on Thursday, part of her task was to go to the Association Committee on Taxes to explain our request for a legislative piece with regard to the surcharge we would have on out of state residents, how we would make that fee. 

 

Application for Vested Right

Chairman Eklund distributed copies of an AApplication for Vested Right@ pursuant to NCGS 153A-344.1.

 

The application is from J. Michael Edney for Whitemark Homes, Inc. requesting a vested right.  He indicated to Chairman Eklund that he would bring the maps at noon. 

 

Don Elkins informed the Board that the application is not complete under the Vested Rights Ordinance.  With an application for Vested Right, the applicant must present, attached to his application, what development he proposes (site specific plan) and that is not attached to this application. He recommended that the Board either hold it open or reschedule for a later meeting.

 

Commissioner Good made the motion to roll this matter to the next regular meeting.  All voted in favor and the motion carried.


 

IMPORTANT DATES

Set a date for Presentations on Reassessment

David Nicholson asked if the Board wished to set another date for additional presentations on the 1999 Reassessment. Mr. Baird had proposed the following dates and subjects:

December 3, 1998       Workshop on Reassessment

December 7, 1998       Presentation of the Schedule of Values

January 7, 1999           Adoption of the Schedule of Values

 

Chairman Eklund suggested the Board meet with Staff for this workshop at 5:30 p.m. on December 3, 1998.  The Board was in agreement.

 

Proposed Subdivision Regulations - Schedule another work session

At the August 27 meeting, the Board of Commissioners requested that the Planning Staff meet with the Henderson County League of Property Owners regarding the proposed Subdivision Regulations.  That meeting was held on Monday, October 19.  Those that attended and spoke overwhelmingly stated the need for strong regulations that would protect subdivision lot buyers.  At the meeting staff also collected many subdivision resident surveys which are available for review.

 

Mr. Nicholson and Ms. Jackson have been reviewing the proposed ordinance and are making administrative and legal modifications.

 

He asked if the Board wished to set another workshop at this time.

It was the consensus of the Board to set this workshop at the next regular Board meeting.

 

Commissioner Kumor reminded the Board of the request from numerous citizens today for a meeting in the Hoopers Creek community.  She asked if the Board was interested in setting a meeting at this time.  It was suggested that the Board meet at Fletcher Town Hall and with the Fletcher Town Council.  Staff will contact Mayor Bob Parrish to set up a joint meeting.

 

CLEAN WATER MANAGEMENT TRUST FUND

David Nicholson informed the Board that we have been notified that Henderson County did not receive the grant from the Clean Water Trust Fund. This project was to replace three or four package treatment plants that are upstream of the intake for the Regional Water Authority and putting a plant with a discharge below their intake.  Another funding cycle is scheduled for December for these grants.  He did not feel that we could meet the deadline for the next funding cycle. Probably in the spring of next year there would be a possibility of new grant monies.  These folks also will have another funding period for June of 1999.

 

He asked the Board to decide if it wished to again request a grant from the Clean Water Management Trust Fund for this project.

 


It was the consensus of the Board that we reapply at a later date.  Mr. Nicholson received direction from the Board to see about getting Land-of-Sky to help write a new grant for an application at a later date for this project, either in the Spring or June of next year.

 

MILLS RIVER PARTNERSHIP REQUEST

David Nicholson reminded the Board that at the November 2 meeting, representatives from the Mills River Partnership requested the Board=s endorsement for their proposed Clean Water Management Trust Fund Grant.  The Partnership Group is finalizing support and financial assistance prior to submitting the grant on December 1, 1998.  The Partnership is requesting that Henderson County consider assistance of $15,000.00 of local match. 

 

The Board reviewed a letter from William M. Eaker of Land-of-Sky Regional Council which detailed the request for local match and their working budget. 

 

Following discussion, Commissioner Kumor made the motion that Henderson County make a $15,000 contribution in cash of matching funds to the Mills River Partnership Request.

 

Following more discussion, a vote was taken and the motion failed four to one with Commissioner Kumor the only aye vote.

 

Commissioner Hawkins made the motion to join the group as partnership with the idea that at the moment we don=t have any funds available for matching.  All voted in favor and the motion carried.

 

Announcement

Ms. Beeker explained that at 2:00 p.m. there will be a joint meeting between the Board of Commissioners and all the property owners within Appleland Business Park.  It is time to start the process of transferring control of that park over to the owners within the park since the option has expired. 

 

Commissioner Kumor had received a phone call from Bill Garrison regarding a pond and park within Appleland Business Park and she asked Ms. Beeker to address that concern.  Ms. Beeker explained that Mr. Garrison is concerned over potential liability associated with the Association assuming ownership of the pond.  It would be Staff=s recommendation that the Association secure liability insurance to cover that.  This item will be discussed at the 2:00 p.m. meeting.

 

CANE CREEK WATER AND SEWER DISTRICT

Commissioner Good made the motion to adjourn as the Henderson County Board of Commissioners and convene as the Cane Creek Water and Sewer District Board.  All voted in favor and the motion carried.

 

Commissioner Good made the motion for the Board to adjourn as Cane Creek Water & Sewer District Board and reconvene as Henderson County Board of Commissioners.  All voted in favor and the motion carried.

 

CLOSED SESSION


Commissioner Kumor 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)(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.

 

2:00 p.m.

JOINT MEETING WITH APPLELAND BUSINESS PARK PROPERTY OWNERS

Chairman Eklund called this joint meeting to order, between the Henderson County Board of Commissioners and the Business Park Property Owners.

 

Angela Beeker welcomed everyone to this meeting, stating this was a historical moment.  In 1993 the Board of Commissioners embarked on a project for economic development with the development of Appleland Business Park.  Five years had passed and it was time for the Commissioners and Henderson County to wrap up their business with Appleland and turn the matters of the Park over to the property owners within the Park.

 

Ms. Beeker asked those present to introduce themselves at this time. 

Angela Beeker, Assistant County Manager.

Bill Garrison, High Hope Dirt & Mulch

Mark Oxtoby, Atlas Bolt & Screw

Jim Woolridge, Times News

Tom Dunn, Duraline

Duane McKibbin, Henderson Oil Company/Energy Mart Stores

Jack Tate, Attorney who represents Mr. McKibbin

Don Elkins, Henderson County Attorney

Vollie Good, County Commissioner

Bob Eklund, County Commissioner

Renee Kumor, County Commissioner

Jennifer Jackson, Staff Attorney

Larry Green, General Manager/Cracker Barrel

Larry Gurney, District Manager/Cracker Barrel

Ms. Beeker stated for the record that there was no one present from Holiday Inn Express.

 

Also present were County Manager David Nicholson and Ray Cantrell from the Greater Hendersonville Chamber of Commerce as well as the Clerk to the Board of County Commissioners.

 

Restrictive Covenants


Ms. Beeker stated that pursuant to the Restrictive Covenants, in particular paragraph #7 - the Restrictive Covenants require that a joint meeting be held between the Board of Commissioners and the property owners at the point in time when the Commissioners are ready to turn control over to the property owners and that is what we=re here for today.

 

Ms. Beeker then reviewed the Plan of Action for Formation of Park Owner=s Association, as follows:

 

1.               Hold Joint Meeting between Henderson County Board of Commissioners and the Business Park Property Owners.

2.               Identify Members of the Park Owner=s Association (Park Property Owners).

3.               Election of Board of Directors for the Park Owner=s Association (Members of Association).

4.               Authorization of Staff by Board of Commissioners to offer technical assistance, if requested, in the incorporation of the Association (Board of Commissioners).

5.               Meeting of Board of Directors to review Articles of Incorporation and authorize filing (Board of Directors of Association).

6.               Filing of Articles of Incorporation (Association).

7.               Hold organization meeting and approve bylaws (Association).

8.               Notification to Board of Commissioners that incorporation is complete (Association).

9.               Setting of Public Hearing on conveyance of property to the incorporated Association (Board of Commissioners).

10.            Publish Notice of Public Hearing (County staff).

11.            Hold Public Hearing (Board of Commissioners).

12.            Authorize conveyance of property to incorporated Association (Board of Commissioners).

13.            Closing.

14.            Recording of Deed.

15.            Subsequent meetings of Association and/or Board to carry on business/duties of Restrictions and any applicable statutes.

 

Ms. Beeker anticipated going through number four of the Plan of Action at this meeting.

Identify Members of the Park Owner=s Association (Park Property Owners)

Members of the Association who will be assuming the responsibilities of the Association and are eligible to vote are:

 

Cracker Barrel                                                3.31 acres

 

Margaret D. McKibbin Revocable Trust        7.2532

 

Paul T. and June Rhodes                                 1.7657

 

Thomas P. and Stephanie S. Dunn                   6.01589

 

Fred Fox Family Trust                        10.6884

 

Atlas Bolt & Screw                                         6.1031


This list was acceptable to everyone present.   Pursuant to the Restrictive Covenants, members have one vote per acre that they own in the Park. 

 

Ms. Beeker asked each corporate entity to identify who the individual would be that would be their agent for the purposes of voting:

 

Cracker Barrel, General Manager Larry Greene

 

Margaret D. McKibbin Revocable Trust, Duane or Bill McKibbin

 

Paul T. and June Rhodes, there was no one present to name anyone for this entity.

 

Thomas P. and Stephanie S. Dunn, Tom Dunn

 

Fred Fox Family Trust, there was no one present to name anyone for this entity.

 

Atlas Bolt & Screw, Mark Oxtoby

 

Bill Garrison spoke up and asked Ms. Beeker to explain his presence.  She explained that he owns lots 8 and 9 within the Park.  Pursuant to the Restrictive Covenants, the covenants do not apply to him.  He is not bound by any of the restrictions that are contained in those Covenants.  He is also not a member of the Association and will not be responsible for administering or carrying out any of the responsibilities of the Association and is not entitled to cast any votes.  Mr. Garrison is in agreement.

 

Election of Board of Directors for the Park Owner=s Association (Members of Association)  Ms. Beeker explained that the Restrictions require that one Board Member be from the Commercial Areas.  She asked to be able to deal with that position first.  Commercial areas are persons who own next to Upward Road including Cracker Barrel, Mr. McKibbin, and Ty Rhodes.  They are eligible to be one of the Board members.  She opened the floor for nominations for that position.

 

The Board of Directors will handle the Incorporation of the Association and would be the Board of Directors of a non-profit Corporation and would have all those duties and responsibilities.  The powers that the Board has will depend on how they are set out in the Articles of Incorporation and how the By-laws read.  They would be in charge of calling meetings.  An annual meeting is required.  A budget has to be put together for the maintenance and assessments have to be made. 

 

Don Elkins explained that these three members would be Incorporators, who would move forward to actually file the documentation to form the Incorporation.  That Incorporation could have as many or as few Directors as they choose.

 


Representatives were present from four of the six entities.  There were no nominations and no volunteers.  It was decided by consensus to put each of the four names into a hat and draw one name from the four names and those who were left would serve as the original Board of Directors. There was agreement by show of hands with this method of choosing the Board of Directors. Chairman Eklund drew the name of Tom Dunn/Duraline.  So the remaining three names who will serve as Board of Directors of the non-profit Corporation were:

 

Cracker Barrel/General Manager Larry Greene

Margaret D. McKibbin Revocable Trust/ Duane or Bill McKibbin

Atlas Bolt & Screw/Mark Oxtoby

 

Ms. Beeker asked that Cracker Barrel and Atlas Bolt & Screw submit something in writing to the Association that Mark Oxtoby and Larry Greene will act as the agent for each of these.   The McKibbins were asked to decide whether Bill or Duane would serve as the agent for the McKibbin Trust.  They agreed they would do so. 

 

Direction from the Board of Commissioners to authorize Staff to offer technical assistance to the Property Owners Association.

Commissioner Kumor made the motion to authorize Staff to offer technical assistance to the Property Owners Association, if requested.  All voted in favor and the motion carried.

 

There was no other business to be conducted at this time. 

 

Someone asked if the Public Hearing needed to be set today.  Ms. Beeker explained that it did not.  What will happen is the Board of Directors will now get together with Ms. Beeker and Ms. Jackson to draft the Articles of Incorporation and they will be filed.  The Association will then officially be incorporated.  The Association will have to hold an organizational meeting and adopt by-laws and complete the incorporation process.  The Association will then notify the Board of Commissioners that the incorporation is complete and the Board of Commissioners will set a public hearing to convey common areas to the Association.  Henderson County will publish notice of that public hearing, hold the public hearing, and then authorize conveyance of the property to the Incorporated Association.  There will be a closing and the deeds will be recorded and then it would be up to the Association to continue with subsequent meetings of the Association to carry out the business of the Property Owners Association.

 

The Restrictive Covenants require an annual meeting on the second Monday in February. 

 

Chairman Eklund adjourned the meeting.

 

Attest:                                                                                                 

 

 

 

                                                                                                                                                            

Elizabeth W. Corn, Clerk to the Board                       

 

 

Robert D. Eklund, Chairman