MINUTES
STATE
OF NORTH CAROLINA BOARD OF COMMISSIONERS
COUNTY
OF HENDERSON APRIL 19,
2000
The Henderson
County Board of Commissioners met for a regularly scheduled meeting at 9:00
a.m. in the Commissioners= Conference Room of the Henderson County
Office Building at 100 North King Street, Hendersonville, North Carolina.
Those present
were: Chairman Grady Hawkins,
Vice-Chair Bill Moyer, Commissioner Renee Kumor, Commissioner Don Ward,
Commissioner Marilyn Gordon, County Manager David E. Nicholson, Assistant
County Manager/Interim County Attorney Angela S. Beeker, and Clerk to the Board
Elizabeth W. Corn.
Also present
were: Finance Director J. Carey McLelland,
Planning Director Karen C. Smith, Public Information Officer Chris S.
Coulson, and Staff Attorney Jennifer O. Jackson.
CALL TO
ORDER/WELCOME
Chairman
Hawkins called the meeting to order and welcomed those in attendance.
PLEDGE OF
ALLEGIANCE
Commissioner
Gordon led the Pledge of Allegiance to the American Flag.
INVOCATION
David Nicholson
gave the invocation.
DISCUSSION/ADJUSTMENT
OF AGENDA
David Nicholson
deleted Item AC@ from the Staff
Reports - County Service Building. There were objections from the Board. It was not deleted. There will be discussion of that item.
Mr. Nicholson
added one item as Discussion Item AC@ - Local Government Partnership
Application and one item as Discussion Item AD@ - Green River Fire Dept. Lease Purchase.
Commissioner
Gordon added one item as AE@ under Discussion Items - The Cliffs @
Brevard Falls.
Commissioner
Ward added two items to be discussed as Item AF@ under Discussion Items - Transportation
Development Committee, 176 corridor, rock quarry and the need for a caution
light at the drive approaching Outback Steakhouse.
Commissioner
Moyer asked for one item to be added to the Closed Session request - discussion
of a pending lawsuit, Henderson County v. City of Hendersonville.
Chairman
Hawkins stated that the Informal Public Comments would be at 10:30 a.m. rather
than the 6:30 p.m. time printed on the agenda.
It was the
consensus of the Board to approve the above changes to the agenda.
CONSENT AGENDA
Commissioner
Ward made the motion to approve the Consent Agenda. The CONSENT AGENDA included the following:
Minutes
Minutes were
presented for the Board=s approval of the March 10, 2000 special
called meeting.
Tax Collector=s Report
Terry F. Lyda,
Tax Collector, had provided the Tax Collector=s Report, current as of April 10, 2000.
Road Petition
The Board
received a road petition for addition to the State Maintenance System for
Loggers Run & Eagle Rock Trail in
Rambling Ridge Subdivision.
It has been the
practice of this Board to accept road petitions and forward them to NC DOT for
their review and consideration. It has
also been the practice of the Board not to ask NC DOT to change the priority
for roads on the paving priority list.
Office of
Juvenile Justice - Discretionary Grant
The Youth
Programs Department had submitted an application for discretionary grant
funding in the amount of $26,000 for a 14-passenger van to the North Carolina
Office of Juvenile Justice. This
application was done through a Program Agreement Revision. The Henderson County Juvenile Crime
Prevention County approved the application at their last meeting.
Raven Rock Fire
District - Fire Protection Contract
A draft Fire
Protection Contract for the Raven Rock Fire District was reviewed as well as a
map showing the Raven Rock District.
Saluda
Volunteer Fire & Rescue, Inc. is currently providing fire protection
services in the Raven Rock District and wishes to continue such services. The proposed contract calls for Saluda
Volunteer Fire & Rescue, Inc. to provide fire protection services in exchange
for receiving the fire taxes from the Raven Rock District. As written, the term of the contract expires
on June 20, 2001 with automatic one-year term extensions until either party
gives eight months advance written notice of termination or the contract is
terminated due to a breach of its terms.
This draft has
been presented to Saluda Volunteer Fire & Rescue, Inc. and the letter dated
April 10, 2000, shows its approval.
Correction to a
set of approved minutes - June 29, 1999, special called meeting
A citizen had
called our attention to an error in the June 29, 1999 set of minutes. The meeting was listed as a regularly
scheduled meeting but was a special called meeting and that change needs made
on page 1 of those minutes.
All voted in
favor and the motion carried.
NOMINATIONS
Notification of
Vacancies
The Board was
notified of the following vacancies which will appear under ANominations@ on the next
agenda:
1. Henderson
County Regional Water Forum - 1 vac.
2. Juvenile
Crime Prevention Council - 5 vac.
3. EMS Council
- 2 vac.
4. Mountain Area
Workforce Development Board - 2 vac.
5. Henderson
County Board of Health - 3 vac.
6. Henderson
County Hospital Corporation Board of Directors - 1 vac.
7. Child
Fatality Prevention Team - 1 vac.
8. Western
Carolina Community Action (WCCA) - 1 vac.
9. Nursing/Adult
Care Home Community Advisory Committee - 1 vac.
Chairman
Hawkins reminded the Board that at a previous meeting the Board had appointed
Charles Summerrow to the Western Carolina Community Action (WCCA). Mr. Summerrow has resigned due to conflict
of interest. Chairman Hawkins nominated
James Lindsey to fill that vacancy. He
made the motion to suspend the rules and appoint Mr. Lindsey. All voted in favor and the motion
carried.
Nominations
Chairman
Hawkins reminded the Board of the following vacancies and opened the floor to
nominations:
1.
Hendersonville City Zoning Board of Adjustment - 1 vac. (alternate)
There were no
nominations at this time so this item was rolled to the next meeting.
2.
Nursing/Adult Care Home Community Advisory Committee - 4 vac.
Nursing/Adult Care Home Community Advisory
Committee - 5 addl. vac. for the year
Commissioner
Kumor nominated Patricia Jurima, Alice Roberta Allen, and Kathryn
Morrison. A vote was taken and the
motion passed unanimously.
3. Mountain
Area Workforce Development Board - 1 vac.
Chairman
Hawkins stated that the Chamber of Commerce has recommended Donna Cator for
this vacancy. Chairman Hawkins
nominated Ms. Cator. All voted in favor
and the motion carried.
4. Henderson
County Industrial Facilities & Pollution Control Authority - 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting.
5. Solid Waste
Advisory Committee - 1 vac.
There were no
nominations at this time so this item was rolled to the next meeting. David Nicholson was instructed to study the
feasibility of combining this with the Environmental Committee.
TRACE PROPERTY
- Offer to Purchase and Contract
The Board
reviewed an Offer to Purchase and Contract pertaining to the County=s purchase of
two parcels of property currently owned
by Dr. and Mrs. Ian Trace located near the Solid Waste Management Facility on
Stoney Mountain Road. Staff had
provided a map showing the location of the two properties in relation to the
Solid Waste Management Facility and the adjacent County property.
The key
provisions of the Offer include the purchase price of $358,000 for the
approximate 5.92 acres of property and a closing date of May 1, 2000. In addition, all obligations and rights
stemming from the Real Property Purchase and Settlement Agreement dated April
4, 1996, are to be released or terminated, including the County=s period of
non-possession of the 9.43 acres of property that the County purchased in 1996.
The Solid Waste
cash account currently has a balance of approximately $352,000, which includes
receipts from February. It is
anticipated that the balance will increase as receipts from March are posted to
that account.
In the event
that the Board wished to proceed with the purchase, Staff had prepared a draft
resolution for the Board=s review.
Board action to
approve the purchase of the Trace property and authorize the execution of the
Offer to Purchase and Contract and all closing documents consistent with the
Offer would be appropriate at this meeting by taking action on the proposed
resolution, either as written or as the Board may wish to revise. The documents have been approved by the
sellers.
Following
discussion, Commissioner Moyer made the motion to approve the proposed
Resolution. All voted in favor and the
motion carried.
ORDER for
Quasi-Judicial Public Hearing held Thursday, March 23, 2000
concerning
Carriage Park
Staff had
prepared, according to Board direction, a proposed order in the matter of the
application of Carriage Park Homeowner=s Association for the revocation or
suspension of SP-93-13, that Special Use Permit governing Carriage Park
development. The order was provided for
the Board=s review and
has been faxed to both attorneys who had appeared before the Board.
Angela Beeker
reminded the Board that at the April 3 meeting, the Board by consensus
determined that the petition for the suspension or revocation of Special Use
Permit #93-13 was basically without merit and directed that staff bring back a
proposed order . Mrs. Beeker
distributed copies of the comments received from Carriage Park=s Attorney, Mr.
Roy Michaux. She reviewed those
suggested changes with the Board and it was their consensus to approve the
changes.
Commissioner
Ward made the motion to approve the draft order as amended. All voted in favor and the motion
carried. Staff will prepare the order.
COUNTY SERVICE
BUILDING
Chairman
Hawkins stated that the Board had a request from the company involved in the
contracting for the Carolina Apparel Building.
They apparently had some other parameters they were looking at and
requested that this item be removed from the agenda today but it was the
consensus of the Board to continue with discussion of this item today.
David Nicholson
stated that he had received the request from Jack Tate, Attorney for the
company that is selling the facility to the County.
A question was
raised as to whether the County needed the additional property in
question. Many of the people who will
be working in the building are inspectors and visiting Health Nurses and people
whose job requires that they be someplace other than their desk most of the
working day.
It was
determined that the County would be in compliance with the City Building Code
for parking spaces, even without the property in question. Mr. Blalock stated that the City Code
requires 318 spaces and we would have 331 but may lose 5-6 spaces due to moving
Duke Power lines (for guide wires).
Jack Tate,
Attorney for Hunting Creek Associates, stated that Mr. Hall was at the beach on
vacation with his family. Mr. Tate
stated that the request was based upon a desire to present the wishes of the
Commissioners to at least have the option on these two additional properties
due to the need for parking spaces.
They were trying to present the Board with an option that would last
until October which would give the Commissioners a considerable amount of time
to decide whether or not they wanted to purchase those properties or walk away
from them. The publicity about the
purchase has, of course, jacked up the prices substantially. They were concerned
about the possibility of obtaining the two properties and the cost of obtaining
them if the County chose to proceed at this time.
Following much
discussion, Commissioner Kumor made the motion to adopt the proposed Resolution
which stated the County=s desire to construct and maintain a County
Service Building and to authorize the purchase of same and adjoining
properties.
Angela Beeker
reminded the Board that five properties are under contract. The Board will have to pay the earnest money
if they elect not to exercise the contracts.
More discussion
followed including but not limited to discussion that the price we=re considering is currently one quarter
million dollars over the initial cost estimate.
A vote was
taken and the motion failed as follows:
Aye: Commissioners
Kumor and Gordon
Nay: Chairman
Hawkins, Commissioners Moyer and Ward
Commissioner
Moyer then made the motion to reject the offer to purchase the building and the
five properties for $2.836 million because it exceeds the anticipated price.
Commissioner
Ward discussed that when County Government does this sort of business in open
session, it costs (the taxpayers) more to do that business.
Following
additional discussions, Commissioner Ward made the motion to table this item
until the May 1 meeting. He would like
to allow Mr. Hall time to come back to town and to present this item to the
Board for discussion at the May 1 meeting.
Commissioner
Moyer withdrew his above motion.
A vote was
taken on Commissioner Ward=s motion. All voted in favor and the
motion carried.
Chairman
Hawkins called a five minute recess.
INFORMAL PUBLIC
COMMENTS
There were
none.
UPDATE ON
PENDING ISSUES
UPDATE ON
LAWSUITS
BellSouth
Angela Beeker
reported on the lawsuits with respect to BellSouth Mobility. There have been three pending lawsuits with
BellSouth.
#1. Most
recently, the lawsuit that alleged that our wireless telecommunications tower
ordinance was unconstitutional - BellSouth has taken a voluntary dismissal in
that action. Henderson County
anticipates receiving some proposed amendments to our ordinances - they have
chosen to take that route rather than to pursue a lawsuit at this time.
#2. There has been no change in the other two
lawsuits with BellSouth. The first was
an appeal by BellSouth of a Zoning Board of Adjustment=s decision that
the tower on Price Road was in violation of our Zoning Ordinance. The trial court agreed that it was in
violation of our Zoning Ordinance.
BellSouth appealed to the Court of Appeals and that matter is pending
before the Court of Appeals currently.
#3. The last one is an action actually filed by
Henderson County against BellSouth to have that same tower taken down and that
one has been stayed until the Court of Appeals rules whether the Zoning Board
of Adjustment was correct or not.
Asheville
Citizen Times
Mrs. Beeker
discussed briefly the case filed against Henderson County by Asheville Citizen
Times. This matter was heard at the Superior Court level on January 4,
1999. Superior Court ruled that a
closed session held on November 12, 1998 was properly held. The Asheville Citizen Times appealed that to
the NC Court of Appeals. It was argued
on January 4, 2000. The Court of
Appeals issued it=s preliminary opinion on February 15, 2000 and
ruled that there does not have to be a pending claim or litigation before the
Board can consult with it=s Attorney, that the Board may consult
with it=s Attorney to
obtain general legal advice.
However, if an
improper closed session is alleged, the burden will be on the County to
demonstrate to a Trial Court Judge with an in-camera review through the minutes
that the closed session was properly held.
Asheville appealed that ruling to the NC Supreme Court. Because the Court of Appeals= decision was
unanimous, there was no automatic right of appeal before the NC Supreme Court,
that was up to the discretion of the Supreme Court. On April 6, 2000, the Supreme Court denied the request to have
the matter heard, in essence they have said that they will not take up review
of the Court of Appeals= decision. The next thing that will happen is the matter will be referred
back to the Trial Court, the Trial Court Judge will review the closed session
minutes to determine if in fact the closed session was properly held.
Henderson
County sees this as a clear victory in that the Court of Appeals has confirmed
that the Board does have a right to discuss legal matters with their Attorney
in closed session without having a
pending claim or pending litigation.
IMPORTANT DATES
Chairman
Hawkins informed the Board that on April 26 at 4:00 p.m. there will be a
program on Alternative Fuel Vehicles at First United Methodist Church. That is one of the areas that the Board
asked the Environmental Advisory Committee to research for some cost estimates
on fueling the county fleet or doing some conversion.
Chairman
Hawkins reminded those in attendance that next week is National Secretary=s Week.
David Nicholson
reminded the Board of the Public Hearing scheduled for May 4 at 7:00 p.m. on
the extension of the corporate boundaries of the Cane Creek Water & Sewer
District. Those letters have been
mailed. Staff will have a pre-meeting
at 6:30 p.m. that evening to answer any specific questions that individuals might
have before the Public Hearing begins at 7:00 p.m.
Angela reminded
the Board that in January of 2000, Carriage Park had submitted an application
for an amendment to the PUD. That was
put on hold until this recent matter could be resolved. The Board needs to set a Public
Hearing. Chairman Hawkins made the
motion to set the Public Hearing for May 17 at 11:00 a.m. (Quasi-Judicial
Proceeding). All voted in favor and the
motion carried.
The Board set a
Safety Net Zoning workshop for May 16 at 2:00 p.m.
Commissioner
Gordon informed the Board that the first two weeks in May she will have some
days that she will not be able to be available for daytime meetings as she will
be in court.
BRCC - Energy
Savings Program
Blue Ridge
Community College (BRCC) is planning to enter into a guaranteed energy savings
contract with CP&L. The Board of
Trustees must have the approval of a proposed resolution by the Board of
Commissioners before proceeding with this financing agreement.
Mr. Nicholson
had asked to have a representative present (Mr. Ed Bell) from BRCC but no one
was present to answer questions the Board had.
It was the consensus of the Board to roll this item to the May 1 agenda
and have someone present from BRCC.
Proposed Mills
River and Fletcher Land Use Study Area
As outlined in
a letter from Planning Board Chairman Chuck McGrady to Chairman Hawkins, the
Planning Board examined proposed study areas for Key Strategies 2 and 3 of the Countywide
Land Use Regulation Guide at its meeting on March 28, 2000. As part of its review, the Planning Board
members discussed a proposed land use study area boundary that encompasses part
of the Mills River area and an area adjacent to the Town of Fletcher. A map showing a proposed study area boundary
was attached to Chairman McGrady=s letter and was also included with this
agenda item. The map is intended for discussion purposes only at this
point. As requested in a March 1, 2000
letter from Chairman Hawkins, the Planning Board intends to identify additional
study areas for the Board of Commissioners to review, however it wants to begin
looking at land use in the Mills River/Fletcher area in the near future, if
doing so would be acceptable to the Commissioners. The Planning Board does not intend for such a study to interfere
with its top priority, the Zoning Ordinance Rewrite project.
Jake Gilmer
presented this item and answered questions.
He showed the study area on a map.
He stated that a Land Use Study of this area would be looking at the
current land uses. Staff would produce
a land use map which would color code each property. They would likely study some population trends in the area. There may be some community meetings to get
some public input.
It was the
consensus of the Board for staff to proceed.
Commissioner
Gordon stated that this item should be on the agenda for the next LGCCA
meeting. It was on their last agenda
but they did not get to it. She stated
that she would like to attend that meeting as one of the Board=s
representatives to that meeting.
LOCAL
GOVERNMENT PARTNERSHIP APPLICATION
Angela Beeker
informed the Board of an application received for the Governor=s Competitive
fund to benefit UPM-Raflatac. This is
part of the State=s incentive package being offered in hopes that
Raflatac will decide to locate its new facility here in Henderson County. The monies would have to pass through the
County=s budget
($50,000), but no County funds would be required.
Commissioner
Kumor made the motion to execute the application as requested. All voted in favor and the motion carried.
GREEN RIVER
FIRE DEPARTMENT LEASE PURCHASE
David Nicholson
informed the Board that Green River Volunteer Fire & Rescue, Inc., plans to
purchase self-contained breathing apparatus to replace older equipment and to
supplement the departments inventory.
The total amount of the lease purchase is $15,264.00. The lending institution, United Financial of
North Carolina, requested that the Chairman sign the proposed letter.
David explained
that the letter states that Green River is a Fire District in the County and
that there is a special tax district which supports fire services in the
district.
Commissioner
Kumor made the motion to authorize the Chairman to sign the letter approving
this request. All voted in favor and
the motion carried.
THE CLIFFS @
BREVARD FALLS
Commissioner
Gordon visited the Cliffs at Brevard Falls last Friday and has put a lot of
thought into a proposed Resolution opposing condemnation but serving the public
good with a reasoned approach.
Commissioner
Gordon made the motion that the Board approve her proposed Resolution. Following discussion, Commissioner Gordon
withdrew her motion. Commissioner
Gordon then made the motion that she assist the Chairman in a redraft of his
former draft letter incorporating some of her ideas from the Resolution. All
Commissioners will be able to review the letter before it is mailed. All voted in favor and the motion carried. Chairman Hawkins had previously drafted a
letter, distributed it to the Commissioners and was awaiting their revisions to
his draft letter concerning the property in question.
TRANSPORTATION
DEVELOPMENT COMMITTEE
Commissioner
Ward stated that about four years ago the issue of a rock quarry on Hwy. # 176
came before the Board. It was approved
at that time. They are getting ready to
open the quarry and there have been numerous calls from concerned citizens
regarding road width and turning lanes, and the winding nature of the road; all
public safety issues. It was suggested that Commissioner Moyer take this issue
before the Transportation Development Committee for study and response.
Commissioner
Ward also discussed the need for a caution light on the entrance road to the
Outback Steakhouse and asked that this also go before the Transportation
Development Committee for a look at the public safety issue.
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)(1) To prevent
disclosure of information that is privileged or confidential pursuant to the
law of this State or of the United
States, or not considered a public record within the meaning of Chapter 132 of
the General Statutes, in accordance with and pursuant to NCGS 143-318.10(e) and
Article II of the Henderson County Code.
2. (a)(3) To consult with an attorney employed
or retained by the public body in order to
preserve
the attorney-client privilege between the attorney and the public body, which
privilege is hereby acknowledged. To
consult with an attorney employed or retained by the public body in order to
consider and give instructions to the attorney with respect to the following
claims:
Henderson
County v. Crosby (File No. 99-CVS-527)
Henderson
County v. City of Hendersonville
All voted in
favor and the motion carried.
Commissioner
Ward made the motion for the Board to go out of Closed Session. All voted in favor and the motion carried.
There being no
further business to come before the Board, Chairman Hawkins adjourned the
meeting at approximately 1:20 p.m.
Attest:
Elizabeth W.
Corn, Clerk to the Board Grady
Hawkins, Chairman