The purpose of this page is to familiarize readers and potential applicants with the boards and commissions of the City of Hendersonville which are serving under the auspices of the City Charter or by City Ordinance. Because these boards are authorized to exercise any one or more of the following functions: legislative, policy-making, quasi-judicial, administrative, or advisory, each is subject to the open meetings law which requires meetings be open to the public. A schedule of meeting times and places is posted at City Hall for those boards that hold regular meetings. If a board or commission does not meet regularly, each meeting is considered a special meeting and notice is given at least forty-eight hours before the meeting, stating the time and place of the meeting and its purpose. All members, with the exception of the ABC Board, serve without compensation. The City of Hendersonville appreciates your interest in serving on our boards. In the event there is not a vacancy at the time of your application, the City Clerk will retain your application on file and will contact you to ascertain your continued interest before presenting your application to the City Council for consideration. For certain positions, the City Council has expressed a desire to "interview" applicants - to get to know them and their interests so the applicant may be matched to a commission or board for which they are well suited. The City Clerk will notify you if this is necessary. In addition to these boards, there are several ad-hoc or standing committees which advise the City Council on specific issues. A list of these standing committees is included for reference. An official list of Board & Commission Members is available by contacting the City Clerk. MAYOR AND CITY COUNCIL Composition of City Council. The City Council consists of four members elected by and from all the qualified voters of the city voting in the manner provided in Article IV of the Code of Ordinances. Mayor and Mayor pro tempore. The mayor is elected by all the qualified voters of the municipality for a term of four years. The mayor serves as the official head of the city government and presides at all meetings of the City Council. The mayor has the power to vote on all questions coming before the Council, but has no power to veto. The mayor exercises such powers and performs such duties as are or may be conferred upon him by the general laws of North Carolina, by the Charter of the City of Hendersonville, and by the ordinances of the city. The City Council chooses one of its number to act as mayor pro tempore, and (s)he performs the duties of the mayor in the mayor's absence or disability. The mayor pro tempore as such has no fixed term of office, but serves in such capacity at the pleasure of the remaining members of the council. Terms; qualifications; vacancies. a. Staggered terms of Council members began with the elections held during the calendar year 1997. Since 1999, elections have been held every two years and all vacated Council seats are filled for a term of four years. The mayor is elected every four years for a term of four years. b. No person is eligible to be a candidate or be elected as a member of the City Council, or to serve in such capacity, unless he is a resident and a qualified voter of the city. c. In the event a vacancy occurs in the office of mayor, the remaining members of the Council, by majority vote, choose from their own members his successor for the unexpired term. Any vacancy in the office of councilman is filled by majority vote of the mayor and the remaining members of the Council until the next election. Meetings of the Council. The City Council has a regular monthly meeting. Special meetings may be held upon notice given at least forty-eight hours before the meeting and must state the time, place and purpose of the meeting. Emergency meetings may be called for generally unexpected circumstances or for those circumstances that require the immediate consideration by the Council. Any business may be transacted at a special meeting that might be transacted at a regular meeting. All meetings of the Council are open to the public. The Council will not consider or vote upon any question formally in closed session or otherwise. Ordinances and resolutions. The adoption, amendment, repeal, pleading or proving of ordinances is done in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with the Charter. The yeas and nays are taken upon all ordinances and resolutions and entered in the minutes of the Council. The enacting clause of all ordinances is: "Be it ordained by the City Council of the City of Hendersonville". All ordinances and resolutions take effect upon adoption unless otherwise provided therein. Regularly scheduled meetings. Regular meetings are held on the first Thursday after the first Monday of each month beginning with public comment time at 5:45 p.m. in the Council Chambers of City Hall, 145 Fifth Avenue East, Hendersonville, NC. CITY COUNCIL MEMBERS Greg Newman, Mayor Barbara Volk, Mayor Pro Tem William O'Cain Jeff Collis Steve Caraker ABC BOARD Organization description: The ABC Board is composed of a chairman and two other members who are well-known for their character, ability, and business acumen. The members serve three-year terms and are appointed by the City Council. The chairman of this Board is designated by the City Council. Authority of Board. A local ABC Board has the authority under Chapter 18B-701 of the North Carolina General Statutes to: Buy, sell, transport, and possess alcoholic beverages as necessary for the operation of its ABC stores. Adopt rules for its ABC system, subject to the approval of the ABC Commission. Hire and fire employees for the ABC System. Designate one employee as manager of the ABC system and determine his responsibilities. Require bonds of employees as provided in the rules of the ABC Commission. Operate ABC stores according to State ABC laws. Issue purchase/transportation permits according to State ABC laws. Employ local ABC officers or contract for these services. The Board also has the authority to borrow money, buy and lease real and personal property and receive property. Disposal of Profits. The distribution of revenue from the operation of a liquor control store is regulated by North Carolina General Statutes §18B-805. The local ABC Board pays 5 percent or $20,000, whichever is greater, for law enforcement and 12% for education. Net profits derived from the operation of a liquor control store in the City after deducting the necessary funds for law enforcement is divided as follows: 50 percent for the City of Hendersonville, 25 percent to the governing body of Henderson County, 1 percent to the public library, 24 percent to the Board of Education. These funds are paid quarterly. Additional Stores. The City Council may in its discretion authorize the establishment and operation of additional stores within the City of Hendersonville if, in its discretion, finds it desirable. Regularly scheduled meetings. Regular meetings are held the second Tuesday of each month at 10:30 a.m.

BOARD OF ADJUSTMENT

Organization description: The Board of Adjustment consists of ten members; seven members of the Board are citizens of the City of Hendersonville and are appointed by City Council. Three members reside in the City's area of extraterritorial jurisdiction and are appointed by the Henderson County Board of Commissioners. Terms are three years; however, lesser terms may be appointed to achieve a balanced system of overlapping terms. Any vacancy in the membership is be filled for the unexpired term in the same manner as the initial appointment. Members serve without compensation but may be reimbursed for any expenses incurred while representing the Board. The three members appointed to the Board of Adjustment by the Board of County Commissioners as representatives of the City of Hendersonville's extraterritorial jurisdiction have equal rights, privileges and duties with other members of the Board in all matters pertaining to the regulation of the Zoning Ordinance in the City and its extraterritorial jurisdiction. City Council or the County Board of Commissioners, as appropriate, may appoint alternate members to serve on the Board in the absence of any regular members. Alternate members are appointed for the same term and in the same manner as regular members. Each alternate member, while attending any regular or special meeting of the Board and serving in the absence of any regular member, has and may exercise all the powers and duties of a regular member. Powers of the Board of Adjustment. The Board of Adjustment has the following powers: 1. To hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official charged with the enforcement of the Zoning Ordinance or the Subdivision Ordinance. 2. To hear and decide requests for variances from the requirements of the Zoning Ordinance. 3. To review applications for conditional use permits and to issue conditional use permits in accordance with the provisions of the Zoning Ordinance. 4. To make interpretations of the Official Zoning Map and to pass upon disputed questions of lot lines or district boundary lines and similar questions as arise in the administration of the Zoning Ordinance. 5. To enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties. 6. To request City Council to hold public hearings on matters within the purview of the Board. 7. To hear and decide any other matter as required by the provisions of the Zoning Ordinance and the Code of the City of Hendersonville. 8. To adopt rules consistent with the Zoning Ordinance or General Statutes governing the organization of the Board and proceedings before the Board. Officers. The Board elects one member to serve as Chair and preside over its meetings and creates and fills such offices and committees as it may deem necessary. The term of the Chair and other offices is one year with eligibility for re-election. The Chair, or any member temporarily acting as chair, is authorized to administer oaths to any witnesses in any matter coming before the Board. Meetings. All meetings of the Board are open to the public, and reasonable notice of the time and place thereof is given to the public in accordance with the General Statutes. The Board keeps a record of its meetings, including attendance of its members, the vote of each member on every questions, a complete summary of the evidence submitted to it, documents submitted to it, and all official actions. Any member of the Board who misses more than three consecutive regular meetings or more than half the regular meetings in a calendar year loses his or her status as a member of the Board and may be replaced or reappointed by City Council or the County Board of Commissioners, as appropriate. Absence due to sickness, death, or other emergencies of like nature will be recognized as excused absences, and will not affect the member's status on the Board, except that in the event of a long illness or other such cause for prolonged absence, the member will be replaced. Quorum and Voting. A quorum of the Board, necessary to take official action, consist of seven members. The concurring vote of seven members is necessary in order to: 1. approve an application for a variance; 2. reverse or modify any order, requirement, decision, or determination made by an administrative official; 3. decide in favor of the applicant in any other matter on which the Board is required to act by this Ordinance. The concurring vote of a majority of those members present is necessary to conduct routine business of the Board, to deny applications for variances or for conditional use permits, and, in the case of appeals, to affirm the order, requirement, decision or determination of an administrative official. Processing of Applications Before the Board of Adjustment. An application to the Board of Adjustment, whether it be in the nature of a request for a variance or a conditional use permit or an appeal from an administrative determination, must be received by the Zoning Administrator at least 20 days prior to the date of a Board of Adjustment meeting in order to be scheduled for such meeting. Judicial Review. Every decision of the Board of Adjustment may be appealed to the Superior Court by any aggrieved party. Such appeal shall be in the nature of certiorari and must be filed within 30 days after the filing of the decision in the office of the Zoning Administrator or after a written a copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the chairman of the Board at the time of its hearing of the case, whichever is later. The copy of the decision of the Board may be delivered to aggrieved parties either by personal service or by registered mail or certified mail return receipt requested.

HISTORIC PRESERVATION COMMISSION

Organization description. The City Council established the Hendersonville Historic Properties Commission by authority of Chapter 160A, Article 19, Part 3B of the North Carolina General Statutes. The Commission consists of nine members appointed by the City Council. The commission serves without monetary compensation. In establishing the commission and making appointments to it, the City Council may seek the advise of such state or local historical agencies, societies, or organizations as it may deem appropriate. Qualifications of members. All members of the commission must be residents of the territory subject to the zoning jurisdiction of the City, and a majority of the members shall have demonstrated special interest, experience or education in history or architecture. Tenure. Members of the commission serve overlapping terms of three years. A member may be reappointed for a second consecutive term, but after two consecutive terms a member is ineligible for reappointment until one calendar year has elapsed from the date of the termination of his or her second term. Attendance. Any member of the commission who misses more than three consecutive regular meetings or more than one-half the regular meetings in a calendar year will lose his or her status as a member of the commission and will be replaced or reappointed by the City Council pursuant to subsection a. of this section. Absence due to sickness, death in the family or other emergencies of like nature will be recognized as approved absences and will not affect the member's status on the commission, except that in the event of a long illness or any other such cause for prolonged absence, the member will be replaced. Meetings. The commission meets at least quarterly and more often as it determines or requires. All meetings of the commission are open to the public. Reasonable notice of the time and place of the meetings are given to the public as required. Rules of procedure; annual report. The Historic Properties Commission has adopted rules of procedure for the conduct of its business, and an annual report is prepared and submitted by March 1 of each year to the Planning Board and the City Council. The report includes a comprehensive and detailed review of the activities, problems and actions of the commission as well as any budget requests or recommendations. The commission keeps a record of its members' attendance and of its resolutions, findings, and recommendations, which is a public record. Powers. The commission is authorized and empowered to undertake such actions reasonably necessary to the discharge and conduct of its duties and responsibilities as outlined in this chapter and Part 3B, Article 19 of Chapter 160A of the General Statutes, including but not limited to the following: 1. Undertake an inventory of properties of historical, architectural and/or archeological significance. 2. Recommend to the City Council buildings, structures, sites, areas or objects within its zoning jurisdiction to be designated by ordinance as historic districts or landmarks. 3. Acquire by any lawful means the fee or any lesser included interest to any such historic properties, to hold, manage, preserve, restore and improve the same, and to exchange or dispose of the same by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate rights of public access and promote the preservation of the property. 4. Restore, preserve and operate such historic properties. 5. Recommend to the City Council that designation of any building, structure, site, area or object as a historic property be revoked or removed. 6. Conduct an educational program with respect to historic properties within its jurisdiction. 7. Cooperate with the state, federal and local governments in pursuance of the purposes of this chapter. The City Council, or the commission, when authorized by the City Council, may contract with the state or the United States of America or any agency of either, or with any other organization, provided the terms are not inconsistent with state or federal law. 8. Enter, solely in performance of its official duties and only with the express consent of the owner or occupant, upon private lands for examination or survey thereof. Responsibilities and advisory functions. The Commission has the following additional responsibilities and advisory functions: 1. Prepare and recommend the official adoption of a preservation element as part of the municipality's comprehensive plan. 2. Review and act upon proposals for alternations, demolitions, or new construction within historic districts, or for the alteration or demolition of designated landmarks, pursuant to this chapter. 3. Negotiate at any time with the owner of a building, structure, site area, or object for its acquisition or its preservation when such action is reasonably necessary or appropriate. 4. Accept funds granted to the commission for preservation purposes from private individuals and organizations. 5. Adopt by rule design guidelines whose purpose is to insure, insofar as possible, that changes in designated historic properties shall be in harmony with the reasons for their designation. 6. Adopt rules of procedure for the conduct of its business. Receipt and expenditure of funds. The Commission, within the limits of funds appropriated for its use, may expend funds for the operation of the commission affairs and for the acquisition, restoration, preservation, operation and management of historic buildings, structures, sites, areas or objects designated as historic properties, or of land on which historic buildings or structures are located or to which they may be removed. Staff and technical services. The Commission may recommend to the City Council suitable arrangements for the procurement or provision of staff or technical services to the commission.

PLANNING BOARD

Organization description: Composition. The Planning Board consists of ten members, seven of whom are citizens and residents of the city and the other three are citizens and residents of the city's area of extraterritorial jurisdiction. Appointment of members. The seven members of the Planning Board, required to be residents of the city, are appointed by the City Council. The other three members are appointed by the Board of County Commissioners; provided, however, should such County Board fail to make such appointments within ninety days following receipt of a resolution from the City Board requesting such appointments, the City Council may make such appointments. Terms of members. The members of the Planning Board serve for terms of three years; provided, however, any members who were appointed to a term exceeding three years will be entitled to serve the balance of their term. Should it occur that any member no longer resides in the jurisdiction from which appointed, that member is no longer be entitled to serve on the Planning Board and must resign immediately. Filling of vacancies. Vacancies occurring for reasons other than the expiration of terms are filled as they occur for the period of the unexpired term. Officers. In January of each year, the Planning elects a chairperson and any other offices specified in its rules of procedure. The chair and other officers will hold office for one year and is eligible for reelection. Rules and regulations. The Planning Board has adopted rules of procedure for the conduct of its business and is authorized to adopt such further rules and regulations as are reasonable and necessary to the fulfillment of the duties delegated to it under this chapter. Quorum. A quorum of a simple majority is required of the members of the Planning Board for the purpose of taking any official action required of the Board. Powers and duties generally. Except as limited herein, the Planning Board has all the powers and duties provided by the General Statutes of North Carolina for municipal planning agencies. Hearings. The Planning Board may conduct public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the comprehensive plan. Before adopting any such plan, it holds at least one public hearing thereon. The Planning Board also conducts such hearings as are necessary for the purpose of considering applications for rezoning, site plan approval, and special use permits. Publicity generally. The Planning Board has power to promote public interest in and an understanding of its recommendations, and to that end it may publish and distribute copies of its recommendations and may employ such other means of publicity and education as it may determine. Records of proceedings. The Planning Board keeps a record of its findings and recommendations, which record is public. Regularly scheduled meetings. The Planning Board meets every second Monday of each month at 4:00 p.m. in the Assembly Room of the Operations Center at 305 Williams Street, Hendersonville, NC.

TREE BOARD

Organization Description: The Tree Board consists of five members, who are residents of the city, and who are appointed by the mayor with approval of the City Council. Members are appointed for terms of three years. In the event that a vacancy occurs during the term of any member, his successor is appointed for the unexpired portion of the term. Members serve without compensation. The Tree Board chooses its own officers, make its own rules of procedure, and keeps a journal of its proceedings. A majority of the members constitutes a quorum for the transaction of business. Responsibility for comprehensive city tree plan. It is the responsibility of the Tree Board to study, investigate, counsel, develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. The plan is presented annually to the City Council and upon its acceptance and approval constitutes the official comprehensive city tree plan. The Tree Board approves voluntary planting plans by the private citizens or groups on city property or on rights-of-way. Recognition of individuals, etc., exceeding requirements. The Tree Board publicly recognizes individuals, businesses or organizations which exceed landscaping requirements as outlined in the Zoning Ordinance. Public education and investigative responsibility. The Tree Board educates the public as to the economic and aesthetic benefits of trees and shrubs to Hendersonville and its citizens, both on publicly and privately owned property. The Tree Board considers, investigates, makes findings, reports and recommends upon any special matter of question coming within the scope of its work. The Board may seek advise from qualified landscape architects, arborists, foresters, horticulturists or knowledgeable individuals. Responsibility to designate heritage trees. The Tree Board is responsible for designating heritage trees. Authority to accept and recommend expenditure of funds. The Tree Board has the authority to accept on behalf of the City grants, funds, loans or contributions from the United States, the State of North Carolina, the City of Hendersonville or the County of Henderson, any private or public corporation, any individual or any agency, instrumentality or agency of the above, and to recommend the expenditure of any proceeds toward the accomplishment of the Board's purposes. Responsibility for street tree species list. The Tree Board is responsible for an official street tree species list, comprised of three groups of trees - small trees, medium trees and large trees. No trees other than those included in the list may be planted as street trees without permission of the Tree Board. Interference with City Tree Board. It is unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, while engaging in or about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds. Regularly scheduled meetings. Regular meetings are held the first Tuesday of every month at 4:00 p.m. in the Assembly Room of the Operations Center, 305 Williams Street, Hendersonville, NC. Special meeting dates or times are posted in City Hall and advertised according to statue requirements.

ADVISORY COMMITTEES

There are other boards or committees that serve as ad hoc advisory boards at the request of City Council. In addition to these boards, the City Council appoints representatives to Downtown Hendersonville, Inc., Western Carolina Community Action Board of Directors. For membership or other information on any of these committees, please contact the City Clerk.

HENDERSON COUNTY TRAVEL AND TOURISM BOARD