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