MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON JULY 23, 2003

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.

Those present were: Chairman Grady Hawkins, Vice-Chairman Larry Young, Commissioner Bill Moyer, Commissioner Charlie Messer, County Manager David E. Nicholson, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.

Also present were: County Engineer Gary Tweed, Fire Marshal/Emergency Management Coordinator Rocky Hyder, Public Information Officer Chris S. Coulson, and Paralegal Connie Rayfield. Deputy Clerk to the Board Amy Brantley was present through ANominations@.

Absent was: Commissioner Shannon Baldwin.

CALL TO ORDER/WELCOME

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

PLEDGE OF ALLEGIANCE

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

INVOCATION

David Nicholson gave the invocation.

DISCUSSION/ADJUSTMENT OF AGENDA

Mr. Nicholson had requested two additions to the agenda:

1. Update on Stormwater Regulations. Chairman Hawkins added this as AB@ under Staff Reports.

2. Update on the Mills River Sewer Project. Chairman Hawkins added this as AC@ under Cane Creek Water & Sewer District.

Commissioner Messer asked for some discussion about Recreation. Chairman Hawkins added this as AC@ under Staff Reports.

Chairman Hawkins made the motion to approve the revised agenda. All voted in favor and the motion carried.

CONSENT AGENDA

Commissioner Moyer requested that item AH - Amendment to Rules of Procedure@ be pulled from the consent agenda and rolled to the next agenda when a full Board will be present at the meeting to vote on it.

Minutes

Draft minutes were presented of the following meetings for the Board=s review and approval:

July 7, 2003, regular meeting

Tax Collector=s Report

Terry Lyda, Henderson County Tax Collector, had submitted the Tax Collector=s Report dated July 14 for the Board=s review.

Public Records Disposal Request - Spectrum Youth Home

Spectrum Youth Home requested approval from the Board to destroy old resident client files, 1988 to 1999. State of North Carolina only requires records be kept for 3 years.

Amendments to Noise Ordinance

At the last Board meeting, the Board passed an amendment to Section 125-3 of the Noise Ordinance to provide for it being applicable within any City or Town in Henderson County who requests it upon the consent of the Board of Commissioners.

All Board members present at that time voted in favor of the amendment; however, because not all Board members were present, staff recommended that the Board vote on the amendment at a second reading. Per NCGS 153A-45, only a quorum need be present at a second reading, and the amendment must pass by at least a majority of those present at the second reading.

Tax Refund Requests (11)

A list of 11 tax refund requests was presented for approval by the Board.

Tax Release Requests (26)

A list of 26 tax release requests was presented for approval by the Board.

Waterline & Sewerline Extension(s)

The City of Hendersonville has requested any County comments on proposed waterline/sewerline extension(s). The City=s requests and County=s review sheets were included for the Board=s review. Three projects were included for review:

1. Arbor Lane Water Line Extension

1,165 linear feet of 6" C900/DR18 water line

The estimated flow rate (gpm) does not meet fire protection standards.

Minimum fire flow rate is 1,000 gpm.

2. Estates of the Salisbury Water Line Extension

2,615 linear feet of 6" C900/DR18 water line

The project was reviewed under the County Subdivision Ordinance October 25, 1988;

Final Plan June 27, 1989. Approved with conditions. Submittal of restrictive covenants and

street disclosure statement; approval of community water system; approval of street names.

Conditions satisfied prior to final plat approval.

The project does not have adequate hydrant location and spacing, no hydrants included.

3. Piney Oak Hills Subdivision Water Line Extension

3,600 linear feet of 6" C900/DR18 water line; 367 linear feet of 2" PVC/SDR 13.5 water line

The project was reviewed under the County Subdivision Ordinance January 7, 1997.

Comments: Preliminary plan approval was granted under the County=s former Land Development Ordinance. Individual wells were proposed at the time. The developer started the project and recorded final plats for approximately 23 lots in the 40+ lot subdivision in 1997 and 1998. Road and other improvements to serve the remaining lots were started, however the approval of the Preliminary Plan expired after 18 months and the developer did not seek an extension of such approval. The developer=s agent has been informed that a new plan must be submitted and reviewed for the remaining lots under the County=s Subdivision Ordinance.

The project does not have adequate hydrant location and spacing.

Amendment to Rules of Procedure- This item was pulled from this agenda and rolled to the August 4 agenda.

Chairman Hawkins made the motion to approve the Consent Agenda, except for item AH - Amendment to Rules of Procedure.@ All voted in favor and the motion carried.

NOMINATIONS

Notification of Vacancies

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

1. Western Carolina Community Action Board of Directors - 1 vac.

Nominations

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

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

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

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

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

3. EMS Quality Management Committee - 1 vac.

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

4. Henderson County Board of Health - 1 vac.

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

5. Juvenile Crime Prevention Council - 7 vac.

Chairman Hawkins nominated Teri Fosmire to position #6, Mary Murray to position #22, and Sheila Devine to position #16. Chairman Hawkins made the motion to approve these three nominees by acclamation. All voted in favor and the motion carried.

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

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

7. Senior Volunteer Services Advisory Council - 1 vac.

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

8. SmartStart - 1 vac.

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

LIBRARY GRANTS

The Henderson County Public Library had recently received two grants described below. Bill Snyder, Library Director, was present to discuss the grants and answer any questions.

1. El Bibliobus: Henderson County, in partnership with Buncombe, Haywood, Madison, and Transylvania County library systems had been awarded a $100,000 LSTA grant for Fiscal Year 2003-2004. The grant will allow the Hispanic outreach bookmobile, el Bibliobus, to make regularly scheduled stops within the County, which will make the library linguistically and culturally accessible.

Mr. Snyder stated that this project would celebrate our cultural diversity and the next project would celebrate our cultural history.

2. Elizabeth I: Ruler & Legend: The Henderson County Public Library had been awarded

a grant for a traveling exhibit on Queen Elizabeth I. The exhibit dates had not yet been scheduled.

No action was necessary.

UPDATE - STORM WATER REGULATIONS

On July 10, 2003, the North Carolina Environmental Management Commission approved the proposed permanent rules for the Phase II Storm Water Program. It appears that there was very little change to the rules as drafted by the DENR staff.

Gary Tweed summarized the rules as follows:

1. The rules, as adopted, will go into effect August 1, 2004.

2. Once effective, DENR will send designations out to those Counties that certified they did not own storm sewer systems, that they are required to develop a storm water program. From the date of designation, the County will have 18 months to submit an application for permit.

3. All six planning elements are required.

4. Once a permit is issued, the County will have 12 months to implement the public education and outreach program, 24 months to implement the local post-construction program, and 5 years for the other program elements.

Mr. Tweed had been in communication by e-mail with Darren England with the DENR staff. It was apparent to him that they do expect some challenge to these rules so the August 1, 2004 effective date may not be certain.

Mr. Tweed=s recommendation was that we continue to follow this process, begin discussions with the County Commissioners Association as to possible challenges, and continue working with the other units of government in the area, through Land-of-Sky Regional Council if needed, on the development of regional type programs to comply with these new rules. Several of the planning elements could be done jointly, possibly through the Land-of-Sky Regional Council. The big element is the post-construction program which will involve a permitting program and inspection element of post-construction systems. These permits will remain in effect as long as there are post-construction systems in operation which will likely be forever. The program is expected to grow over time.

Mr. Tweed stated that we have some time, at least 2.5 years from now to make application, and after that (1 to 5 years) to get these programs in place.

He informed those in attendance that they could look at the adopted rules and the report of the proceedings at the EMC meeting by going to the following web site:

http://h2o.enr.state.nc.us/su/NPDES Phase II Stormwater Program Perm Rules.htm

Mr. Tweed stated that there are only three states in the country where counties do not own/maintain roads. North Carolina is one of those three states.

RECREATION

Commissioner Messer applauded the young athletes in our county who are representing Henderson County well.

IMPORTANT DATES

The Board reviewed the Commissioners= calendar.

1. The Board was requested to schedule a public hearing date for the following road names:

New Street Names (no previous name)

Will Hill Road

Parsonage Drive Ext

B. The Board was requested to schedule a public hearing date for the purpose of approving property

address number changes for Henderson County residents. NC General Statute 153A-239.1 requires counties to hold public hearings on address number changes. Staff typically suggests public hearings for address number changes on a bi-annual basis to meet the requirements of NCGS 153A-239.1 for changes made to county residents during the previous 6 month period. A record of address changes was presented. The record of address changes will be made available for public inspection one week prior to the public hearing.

The County Manager recommended scheduling the Public Hearing for Wednesday, August 20, 2003 at 11:00 a.m.

Chairman Hawkins made the motion to set the public hearing on road names for August 4 at 7:00 p.m. and the public hearing for property address changes for August 20, at 11:00 a.m. All voted in favor and the motion carried.

The Commissioners were asked to check their calendars for a possible meeting date for a Joint Meeting with the School Board. It was the consensus of the Board of Commissioners to try to meet with them on August 12.

The Board also needed to choose a date for a Joint Meeting with the Mills River Interim Council. The Board chose the date of Wednesday, July 30 at 7:00 p.m. for a tentative date for this joint meeting.

CANE CREEK WATER & SEWER DISTRICT

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

Cane Creek business was conducted. Please see Cane Creek Water and Sewer District minutes docket for the minutes of the CCWSD meeting.

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

INFORMAL PUBLIC COMMENTS

1. Sharon Orr - Ms. Orr introduced herself, stating the Board may know her from meetings she has attended on Judge Guice=s behalf. She spoke about a personal concern today regarding Jackson Park, namely field #6. She came directly to the Board of Commissioners because for years they have been the scapegoat for any request made to Jackson Park. She is a state employee and is fully aware of the budget crisis for the past few years and understands that it trickles down to the counties. For years they have received the same excuse from Park employees, don=t ask for anything, there=s no money in the budget. She stated that would be an acceptable excuse if there was nothing going on at the park but they have been building permanent restrooms, there are portable toilets all over the park except near the women=s field (field #6), they=ve upgraded playground equipment, and an outdoor gym has been placed near the soccer fields.

Last week before their tournament she put together an informal petition. From 5:50 p.m. until 8:00 p.m. they received over 160 signatures. The petition stated AThe below signed residents of Henderson County respectfully request the attention and consideration of the Henderson County Commissioners to restore and upgrade the following for Field 6, Jackson Park:

! Working scoreboard to assist teams, scorekeepers and umpires

! All lights to be working during game times to ensure safety of players

! Hand towels for home plate umpires during games played in rain to ensure safety of players

! Temporary portable toilets until funding for permanent restroom can be obtained

She also stated that the Pepsi Score Board on field 3 was donated to the women. They would like it moved if existing one is not repaired.

Ms. Orr stated that they pay the same entry fee as the men but they don=t feel they have equivalent facilities.

Commissioner Messer made a few comments stating that this needed to be looked at. Parks and Recreation has a five year plan but the Commissioners keep cutting the Parks/Rec. budget, which doesn=t allow them to follow their plan.

Informal Public Comments had been scheduled at 10:30 on the printed agenda. The Board was finished with their business and therefore it was the consensus of the Board to remove the rest of informal public comments from the agenda.

Chairman Hawkins made the motion to adjourn the meeting at 9:50 a.m. All voted in favor and the motion carried.

Attest:

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