STATE OF NORTH CAROLINA                                                   BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                        FEBRUARY 16, 2005


The Henderson County Board of Commissioners met for a regularly scheduled meeting at 5:30 p.m. in the Commissioners' Conference Room of the Henderson County Office Building.


Those present were:  Chairman Bill Moyer, Vice-Chairman Charlie Messer, Commissioner Larry Young, Commissioner Shannon Baldwin, Commissioner Chuck McGrady, County Manager David E. Nicholson, Assistant County Manager Justin Hembree, Acting County Attorney Russell Burrell, and Clerk to the Board Elizabeth W. Corn.


Also present were: Planning Director Karen C. Smith, Budget and Management Director Selena Coffey,  Public Information Officer Chris S. Coulson, Fire Marshal Rocky Hyder, County Engineer Gary Tweed, and Finance Director J. Carey McLelland. Deputy Clerk to the Board Amy Brantley was present through nominations.



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



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



David Nicholson gave the invocation.



  1. Norman Miller –  Mr. Miller serves as Co-Chair of the Cemetery Advisory Committee.  He stated that the cemetery situation that they are dealing with is becoming desperate.  In the last two weeks he has found three grave sites that have been totally destroyed. 


They followed the guidelines and upon finding a desecrated cemetery, called the Sheriff’s Department as they have been advised to do. They have been very helpful, thoughtful, even interested; however, when  assigned to a detective a stone wall appears to go up.  On two separate instances detectives have denied any knowledge of the Cemetery book or the Cemetery Advisory Committee.  He informed the Board of a complaint he had with a Detective and a cemetery.


As Co-Chair of the Committee he made some suggestions:


·        Have someone from G.I.S. go with the person to the cemetery to visit the scene.

·        Have alternating members of the Sheriff’s Department sit in on all of the Cemetery Advisory Committee meetings to get a grasp of the severity of the problem and understand what the Committee members are trying to do.

·        Since the problem usually arises when the Detectives are involved, make sure when a Detective goes to the scene, he has a copy of the Cemetery book.

·        Have the property owners in Henderson County report by a specific date any cemetery located on their property.  That alone would narrow the search of the missing ones and aid the G.I.S. office in getting the ones that are on the properties listed.


Mr. Miller showed a form,  “NC Cemetery Survey Form” and stated that we should be using the form here.


He stated that it has become evident that we can’t save all the cemeteries.  The Black community has lost an astounding number and they are willing to come on board and help with the cleanings, etc.


  1. Shannon Baldwin –  Mr. Baldwin added to Mr. Miller's comments.  He had spoken to Woody Harten with the Division of Community Assistance yesterday.  Woody said that it is possible for the county to add to our Ordinance under our police powers under the General Statutes of North Carolina to make it where you have to secure a permit in order to do work within so many feet of a cemetery.  That means a person would have to come in and pull a permit if they are within so many feet of a cemetery.  That would give us an opportunity to review the situation.


Mr. Baldwin thinks the Board needs to revisit the Charter of the Cemetery Advisory Committee to perhaps expand their scope.  


Mr. Baldwin also stated “I’ve got, as a Commissioner, working with you guys having appointed this Committee to do this job – I’ve got an issue with a member of this Committee having to be a complaining witness or the one that files the papers when we find that the law has been broken… There is a violation of public law.  Why is it that an individual has to go, make a complaint and file the papers? It doesn’t make sense to me.”


Mr. Baldwin stated that he would like to add Revision of the Charter for the Cemetery Advisory Committee to review this issue to the Board’s agenda.  He also felt that we should begin to G.I.S. these sites immediately.


  1. Celia Hines Engleman –  She wanted to bring the Board’s attention to a newspaper article in this morning’s paper on Upward Road.  She questioned what would happen to #191 when the Balfour Parkway is done?



There were no adjustments.


Commissioner McGrady made the motion that the Board approve the agenda as presented.  All voted in favor and the motion carried.



Commissioner McGrady made the motion that the Board approve the consent agenda as presented. All voted in favor and the motion carried.


The Consent Agenda consisted of the following:

Tax Collector’s Report

Terry F. Lyda, Tax Collector, had provided the Tax Collector’s Report dated February 14, 2005 for the Board’s information.


Tax Refunds

A list of 10 tax refund requests was presented from the Tax Assessor for the Board’s consent approval.


Tax Releases

A list of 91 tax release requests was presented from the Tax Assessor for the Board’s consent approval.

Tax Discoveries

A list of 5 discovery requests was presented from the Tax Assessor for the Board’s consent approval.


Contract for Engineering Services for Transfer Station

As previously discussed with the Board, it has been planned to improve the Solid Waste Transfer Station by adding a second bay and make repairs to worn concrete surfaces in the first bay.  The Board authorized the preparation of contracts for engineering services with Camp Dresser & McKee in Raleigh, North Carolina.  CDM provided the engineering services for the Transfer Station first bay constructed in 1997-1998. 


A copy of the proposed contract and preliminary engineering costs estimate of the project was presented for the Board’s review.  A summary of the preliminary costs follows:


            Transfer Station 2nd Bay                                                $1,195,888

            1st Bay Restoration                                                 250,321

            Engineering Services                                              116,600

            Total Project Estimate                                       $1,562,809


Construction administration services will be provided by the County Engineer at an estimated savings of $50,000 to $75,000.


Staff recommended that the Board approve the contract with CDM for the design of the 2nd Bay.


Surplus County Vehicles and Equipment

Presented for the Board’s consideration was a resolution (Exhibit A) declaring the prepared list (Exhibit B) of vehicles and equipment no longer used by the County as surplus property.  The resolution also authorizes staff to advertise for sale and dispose of this surplus property by electronic public auction at www.govdeals.com.


Also presented for the Board’s information was a copy of NCGS 160A-270 (Exhibit C), which authorizes electronic public auctions and information on governmental only auction services provided by GovDeals (Exhibit D).


A number of North Carolina County and City Finance/Purchasing Departments are currently utilizing this auction service and have been very pleased with the results from their sales, which are sometimes two to three times the amounts they have received for vehicle sales at local public auctions.  One of the biggest advantages of using this service is access to a global audience, which invites more bids.


The County Manager recommended that the Board approve the presented resolution declaring the list of personal property as surplus property and authorize staff to sell the surplus property by electronic public auction utilizing GovDeals auction services.


Refund request for transfer tax overpayment

Attorney Michael M. Thompson has requested, on behalf of Steven Harenlip and Beth M. Siegel, the refund of the sum of $470.00 in real property conveyance excise tax (“deed stamps”).  The deed in question represented real estate located in Rutherford County, not Henderson County, but was incorrectly recorded in the Henderson County Register of Deeds Office.


Pursuant to N.C. Gen. Stat. 105-228.37, a request for refund of overpayment of real property conveyance excise tax must be made within six months of the date of payment.  The payment was made 30 December 2004. The Henderson County Register of Deeds Office was first notified of the alleged overpayment by letter from Mr. Thompson date 12 January 2005.  A letter to the Board of Commissioners to the same effect was received 8 February 2005, and the person making the request has agreed to waive notice of the consideration of their request.


Under N.C. Gen Stat. 105-266.1, the Board of Commissioners has the following responsibilities:


1.                It must “grant a hearing on each timely request for refund”.

2.                The taxpayer must be notified of the hearing date within 60 days of the date of the request, and at least 10 days prior to the date of the hearing.

3.                The hearing must be held within 90 days of the request for refund, unless otherwise agreed.

4.                A decision must be given within 90 days of the hearing.


Any refund granted must include the tax paid plus interest until the date of payment.


The County Manager supported this proposal.


Request for quitclaim deed

Attorney Porter W. Staples, on behalf of his client, Dora Womack, seeks a quitclaim deed from Henderson County.


  • On or about 14 February 1974, Lee and Ruby Morgan received a deed (Deed Book 604, at Page 193) for “Lots 5 and 6 of the Phinizy Subdivision as shown on Plat Book 1, Page 6, Henderson County Registry”.


  • On or about 4 August 1981, Henderson County received a deed from Albert Jackson, Sheriff of Henderson County, for various parcels.  Among the various parcels included in the description in this deed was the following: “Lee Morgan & Wife 1 Lot and House East Flat Rock Hendersonville Township”.


  • On or about 17 February 1993, Henderson County executed a deed in favor of Chad P. Golightly for “1 lot East Flat Rock”.  Henderson County sold the property only after an original bid and several upset bids on the property.  In the solicitation for upset bids, the advertisement listed the property as “1 lot East Flat Rock”. The original offer to purchase executed by Golightly left the property description blank, other than a reference to former ownership by “Lee & Ruby Morgan”.


Doral Womack states that she received title to the property from Golightly.  She seeks your approval for the execution by the County of a quitclaim deed granting her all the interest the County presently has, if any, in the property acquired by Morgan in Deed Book 604, at Page 193, which is incorporated herein by reference.  Womack’s attorney has stated in conversation with staff that Womack needs this in order to obtain title insurance on the property (which is required in order to obtain financing for construction on the property).


Under a quitclaim deed, the County would not warrant any title to this property whatsoever.


The County Manager supports this proposal.


Settlement of lawsuit

Henderson County has been defending the below-captioned lawsuit,


EDWARD AUDIA GILLIAM By and Through His Guardian ad Litem, LEAH BROKER, Plaintiff v.


HENDERSON COUNTY HOSPITAL CORPORATION d/b/a MARGARET R. PARDEE MEMORIAL HOSPITAL, DONALD A. THOMAS, M.D., HENDERSONVILLE PEDIATRICS, P.A., HENDERSON COUNTY, HENDERSON COUNTY EMERGENCY MEDICAL SERVICE, a Division of Henderson County, Carl Bradburn, Individually and in his official capacity with Henderson County and/or Henderson County Emergency Medical Service, and JAMES BEDDINGFIELD, Individually and in his official capacity with Henderson County and/or Henderson County Emergency Medical Service, Defendents


(Henderson County Clerk of Court File Number 02 CVS 1184)


on behalf of the Henderson County Emergency Medical Service.


A tentative settlement has been reached whereby Safeco Insurance Company is to pay the sum of $598,000.00 in full and final settlement of all claims against Henderson County and Henderson County Emergency Medical Service, and the employees of the County.  This settlement was required to be approved by the Superior Court.  The approval of the Honorable Zoro J. Guice, Senior Resident Superior Court Judge, was ordered 1 February 2005.


N.C. Gen. Stat. 143-318.11(a)(3) requires that a settlement of a claim against the County be publicly reported and entered into the Board of Commissioner’s minutes within a reasonable time after the settlement is concluded.  The Board was requested to confirm this settlement and enter it into the minutes of this meeting.


Apple Country Greenways Commission Annual Report

John D. Antrim, Chairman, Apple Country Greenway Commission had provided the ACGC Annual Report for 2004.  The report was submitted as specified in the Interlocal Agreement.


Worth noting for 2004 were the completion of the construction of Phase One of the Oklawaha Greenway, no damage to the greenway due to the flooding caused by hurricanes Frances and Ivan, and a well attended Phase One dedication ceremony in October.


Their major goal for 2005 is to participate in a November 2005 regional greenway conference which will be held in Asheville.  Participation will allow exchange of experiences and successes with others in Western North Carolina that have constructed or will be constructing greenways.


The Commission will be requesting that Henderson County include in the FY 2005-2006 budget a small financial contribution to the Commission’s operating budget.  The Commission will be making the request because it will not have enough in its operating expenses account to properly operate in 2006.


No action was required at this time.



Henderson County and its staff have been awarded the following awards:


1.                NC Public Library Directors Association – Outstanding Adult Program Award for

Elizabeth I: Ruler and Legend

            2.         Henderson County United Way – Bronze Award


Notification of Vacancies

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

1.                Equalization and Review Board – 2 vac.

2.                Mountain Valleys Resource Conservation and Development Program – 1 vac.



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


1.                Cable Franchise Renewal Advisory Committee – 6 vac.

Chairman Moyer nominated Henry King.

Commissioner Young nominated Richard Waters.


Previous nominations (12/15/04 & 2/7/05) included: Richard Rhodes, Lorette Zwicker, David Blackwelder, David Hutto, Howard Molton, Randy Houston, Tom Ledbetter, and Doug Jarvis.


Following discussion, Commissioner Baldwin made the motion to limit representation from the radio stations to one person from each station.  All voted in favor and the motion carried.


The Clerk polled the Board and the vote follows:


Commissioner Baldwin:            Molton, Houston, Ledbetter, Waters, King, and Hutto.

Commissioner McGrady: Rhodes, Zwicker, Hutto, Houston, Jarvis and King.

Chairman Moyer: Rhodes, Hutto, Houston, Ledbetter, Jarvis, and King.

Commissioner Messer: Rhodes, Zwicker, Hutto, Houston, Jarvis, and King.

Commissioner Young: Blackwelder, Hutto, Molton, Houston, Ledbetter, and Waters.


The (6) nominees were: Richard Rhodes, David Hutto, Randy Houston, Tom Ledbetter, Doug Jarvis, and Henry King.


2.                Criminal Justice Partnership Program – 5 vac.

Commissioner McGrady nominated the incumbents as listed:

            #10       Randy Eggen

            #15       Diane Satterfield

            #16       Tracy Howell

            #17       Ray Simpson

            #18       Jessica Wagner

Chairman Moyer made the motion to accept the 5 nominees by acclamation.  All voted in favor and the motion carried.


3.                Fire and Rescue Advisory Committee – 1 vac.

Chairman Moyer informed the Board that the Committee has met and has nominated Richard Barnwell to fill this vacancy.


Commissioner McGrady made the motion to appoint Mr. Barnwell by acclamation.  All voted in favor and the motion carried.


4.                Juvenile Crime Prevention Council – 2 vac.

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


5.                Mountain Area Workforce Development Board – 1 vac.

The Chamber of Commerce has recommended Barry Brown to fill this position.


Commissioner McGrady made the motion to appoint Mr. Brown by acclamation.  All voted in favor and the motion carried.


6.                Nursing/Adult Care Home Community Advisory Committee – 10 vac.

Commissioner McGrady moved the appointment of Suzanne Camp-Goodman and Pat Strickland for positions # 4 and # 10 respectively.  All voted in favor and the motion carried.


On February 7, 2005 two people were nominated to position # 20: Janice Aho and Lloyd Cain.

Commissioner Baldwin moved the appointment of Janice Aho to this position.  All voted in favor and the motion carried.


7.                Recreation Advisory Committee – 3 vac.

Commissioner Messer nominated Terry Maybin to position # 3, Ralph King to position # 4, and Gary Eblen to position # 5. 


Commissioner Baldwin nominated Frank Edney to position # 3, Vance Calbert to position # 4, and Virginia Bailey to position # 5.


These nominees will be voted on at the next meeting.



Russ Burrell informed the Board of a request from the Henderson County Hospital Corporation (“the Corporation”) seeking the Board’s approval of certain modifications to the Letter of Credit and Reimbursement Agreement concerning the “$15,300,000 County of Henderson, North Carolina, Hospital Revenue Bonds (Margaret R. Pardee Memorial Hospital Project) Series 2001”.


There are two effects of the proposed changes:

1.                Allows substitution of each actual year’s expenditures on capital expense for the pro forma

Projection of the same used in the original, as the basis for determining each year’s maximum

Capital expenditures by the Corporation; and,

2.                Excludes expenditures for capital and operating leases from the expenditure calculation.


The Corporation seeks these modifications, which have been approved by Branch Banking and Trust Company, in order to bring calculations in line with actual expenditures, rather than with a projected budget prepared when the bond issue was first approved.  The Corporation’s Board of Directors approved this language on 26 January 2005.


The County Manager supports this proposal.


Chairman Moyer stated that this has already been approved by the Corporation and it is necessary.


Commissioner McGrady made the motion to approve the request, the modifications to the letter of credit and reimbursement agreement as presented.  All voted in favor and the motion carried.



Justin Hembree reminded the Board that at their last meeting (February 7, 2005) was presented the Preliminary Highway Map for Phase I of the Comprehensive Transportation Plan. The Transportation Advisory Committee (TAC) has requested that the Board review the Preliminary Highway Map and provide comments back to the TAC.


Understanding that the Board will have opportunities for additional input throughout the remainder of the planning process, staff recommended that the Board endorse the Preliminary Highway Map with the following comments:


1.                Overall, the Preliminary Highway Map compliments the County Comprehensive Plan.

2.                Realignment of the proposed Balfour Parkway is required to lessen the impact on County facilities (solid waste transfer station, animal shelter, landfill, bus garage, Stoney Mountain Activity Center).

3.                Other comments agreed upon by the Board.


Once the Board agrees upon comments, staff will draft a formal letter for the Chairman’s signature that outlines the Board’s endorsement and comments. Letters will be forwarded to the TAC, NCDOT, and the MPO.


Much discussion followed, pro and con. Basically the Board wishes to keep the process moving along and receive public comments.  The Board doesn’t want to lose this project.


Commissioner Baldwin made the motion that the Board offer their general support that would not lock them into the specific lines on the map but say that the Board supports the plan provided to the Board, subject to the staff conditions and agree to send it out for public comment in accordance with the recommendation.  All voted in favor and the motion carried.


Commissioner Baldwin stated that the Board recognizes that NCDOT is the umbrella organization that knows how to move traffic and understands traffic flow and movement and the Board should support NCDOT and their plan in general.



Chairman Moyer stated that this was discussed at the last Board meeting.  It was also discussed at the LGCCA meeting yesterday.  He asked Justin Hembree to present this issue.


Justin Hembree reminded the Board that during the February 7 meeting, the Board had a brief discussion concerning NCDOT’s improvement project for Upward Road.  As was indicated during the meeting, NCDOT has developed an updated design for the improvement project.  Staff has reviewed the updated design and drafted a memorandum (in the agenda packet). The memorandum compares recommendations made by the Board on August 19, 2004 and changes made with the updated design that address these recommendations.  The memorandum also includes wording from an NCDOT e-mail that specifically describes changes that were made for the updated design.  In order for this project to proceed, NCDOT has requested that the Board formally endorse the updated design.


Justin Hembree explained that there was some specific wording that the Board recommended in August that dealt with the fact that a four-lane divided highway was preferred; however, if certain issues could not be addressed, the Board requested that the road be developed as a five-lane highway.  The new design is still a four-lane divided highway; however, some of the specific issues that the Board brought up in August have been addressed by DOT:


1.                The first one and the most important one the Board identified at that time was a traffic signal at Commercial Boulevard to allow left and right turns.  Of course the specific concern there is the new EMS Substation and to allow access for ambulances to turn left and right out of there. That light is shown on the new plan, left and right turns would be allowed out of Commercial Boulevard. 

2.                The Board also indicated the possibility for a light at McMurray Road.   DOT has said that for a lot of these areas where the Board requested that lights be replaced, that they are not completely ruling out placing lights in those areas.  They did say that they need to wait and see what traffic flow is going to be like.  If it does justify a light they will have the infrastructure in place to be able to put those lights in fairly quickly.  For specific concerns such as the Board had with the substation, a light was placed at Commercial Boulevard to allow for that concern.

3.                Discussion about traffic lights at Crest and Ballenger Road.  Again DOT has indicated that, yes, there may be a need for lights at those areas but we’re going to have to wait and see what the traffic flow is like and there will be infrastructure in place to be able to put them there. 

4.                Another concern was the intersection of Upward Road Extension and Upward Road which runs over to East Henderson High School.  It comes into Upward Road at an odd angle.  The Board had recommended to change that to a one-way, to allow right only turn onto Upward Road Extension going directly towards the school.  DOT has changed that. They didn’t take it completely to a one-way road but what they did change was that intersection to a right-in and right-out.

5.                Leave the project as proposed by NCDOT from Ballenger to the end of the project area.  DOT has done that.  There has been some minor change in the area but it’s pretty much the same way it was first proposed.


Mr. Hembree stated it is apparent that NCDOT has addressed many of the design issues raised by the Board in August 2004.  Furthermore, it is clear that if the Upward Road improvement project does not proceed as currently designed, funding for the project will be dropped and the project will be pushed back to the 2012 Transportation Improvement Plan (TIP). Therefore, staff strongly recommended that the Board endorse the updated NCDOT design for the Upward Road improvement project.


Chairman Moyer stated that it is very important to our county to keep this project moving.  The Board has tried to accomplish as much as they can for the landowners on Upward Road. He wants to see this kept on the TIP as a funded project.  He feels the Board should endorse this project and make sure we don’t lose this project for Henderson County.


Commissioner Young stated that he represents the people and he won’t vote for the 4-lane divided highway because that’s not what the people want.


Commissioner McGrady would support NCDOT’s proposal for 4 lanes.  He expressed a problem with the McMurray Road intersection. 


Commissioner McGrady made the motion to approve NCDOT’s proposal for a 4-lane divided highway for Upward Road but request that DOT look at the McMurray interchange and consider allowing left turns off of McMurray and access across the four-lane divided highway at that point.


Following more discussion, a vote was taken and the motion carried four to one with Commissioner Young voting nay.



Mr. Nicholson explained that in the agenda packet were two different documents.  First are a couple of affected pages from the Strategic Plan – these are changes the Board made at the last meeting.  The changes are highlighted in yellow.

In addition, staff had included the Strategic Plan Implementation Schedule, which includes responsibility charting, scheduling, and resources necessary to implement the Strategic Plan over the next two years.


Mr. Nicholson recommended that the Board approve the Final Draft of the Strategic Plan, including the implementation Plan, at this meeting.  Should the Board approve the Plan, staff will provide a final copy of the approved Plan and Implementation Schedule for inclusion in the previously distributed binders.


Chairman Moyer stated that he had found it hard to work through the resources section.  He asked if the County Manager could pull out what would be needed in the next budget cycle and what would be needed in the following budget cycle so we have a listing. 


Commissioner McGrady made the motion to adopt the Strategic Plan as presented and the Implementation Schedule and the Resource section, the entire package.  All voted in favor and the motion carried.


Chairman Moyer requested for next month’s agenda that staff develop a procedure of how to deal with issue changes.  Following discussion, staff was directed to bring back a recommendation, a process for amending the plan. It was suggested to get the Planning Board involved.



Selena Coffey distributed copies of the County Manager’s Monthly Report to the Board and staff.


Mr. Nicholson reviewed briefly the make up of the report.

Mr. Nicholson reviewed the big projects underway now:

Jail Demolition

On going.  Architect is preparing the bid package.


Animal Shelter

We’re in the final phases of looking at the design.  Plan to bid the project on March 7 and receipt of the proposals is scheduled for March 23.


EMS Southeastern Station

We’re hoping to occupy the station the week of February 21 with an Open House scheduled for late February.


Historic Courthouse

Mr. Nicholson has spent a lot of time looking at the Federal Money issue.  Our main contact with Congressman Taylor’s office on this issue of Federal Money has been Dr. George Jones.  Funding and design issues are yet to be resolved.  He is also working with Tom Orr on the Historic Courthouse Centennial Celebration.


Human Services Building

We are finalizing the design documents and the financing package.  The City of Hendersonville is holding a neighborhood meeting regarding the project tomorrow. We are scheduled to bid the project on March 21. 


We are working with the City of Hendersonville on zoning permits, which may require minor modifications to the site plan.


Relocation of Administration to City Water Department Building

The County appraisal came back at $782,100.  We are awaiting the City appraisal.  We will begin negotiations with the City after receipt of their appraisal.  Staff plans to seek Board approval to purchase the property by utilizing funds from the sell of the Mud Creek District. The completion date is largely dependent on the City’s appraisal timeliness and negotiation progress.


Relocation of Sheriff’s Department to Administration Building

We are awaiting the Administration relocation to the City Water Department Building.  Sheriff’s Department to begin relocating to the Administration Building upon Administration’s relocation to the City Water Building, approx. April ’05.


Solid Waste Transfer Station 2nd Bay

We are currently in the planning and design phase of the project.  Construction is scheduled to begin in the fall of 2005 and expected to last 6 months.


It is the County Manager’s plan to produce one of these monthly reports each month to give to the Commissioners at each mid-month meeting.


Mills River Sewer Project

Phase I is currently underway.  They are averaging over 200 feet of installation of pipe every day.  To date, 1,000 feet of pipe has been installed. Phase II plans are in Raleigh for review. We are scheduled to bid the project by the end of March with the project to be under construction by June/July 05. No changes – project is on schedule.

Cane Creek Advisory Committee

The Cane Creek Water & Sewer District currently has an extension policy.  It is confusing because it has not been updated since we sold Mud Creek to the City of Hendersonville.  It was done in 1996. Mr. Nicholson has been working with the Cane Creek Advisory Committee to redo that extension policy. The Advisory Committee will draft the policy and it will come back to the Board of Commissioners for review.


CIP Financing Calendar

We’re currently developing the official financing calendar for the Human Services Building and Dana Elementary School projects.  Board to take action to adopt the financing resolution and set a public hearing at the March 9 meeting.  Hold public hearing on financing documents on March 23.


Henderson County Organizational Chart – January 2005

Mr. Nicholson briefly reviewed the new organizational chart.  Some of it was clearly associated with bringing in animal control under his organization structure as well as setting up the enforcement and permitting section. 


Some discussion followed.  Commissioner Baldwin made the motion that the Board show support for the new Organizational Chart on page 25 of February’s County Manager’s Monthly Report. All voted in favor and the motion carried.



Henderson County Joint College Facility Committee Charter

David Nicholson had prepared a draft charter for the committee which he briefly reviewed with the Board.


Commissioner McGrady made the motion for this Board to establish a Joint College Facility Committee and to adopt the prepared Charter as presented by the County Manager.  All voted in favor and the motion carried.


Meeting with Chamber of Commerce Board

Mr. Nicholson informed the Board that the Board of Directors of the Chamber of Commerce would like to invite the Commissioners to a luncheon meeting on Thursday, March 31, 2005.  If the Board wishes to hold this joint meeting, we will have to formally set the date, time and location.


The Board was in agreement to attend such a meeting.  The County Manager was directed to work with Bob Williford of the Chamber to come up with a time and place for the meeting.


US Highway 25 North Zoning – Drop In Session

Mr. Nicholson informed the Board that staff had set the following dates, times, and locations for the public drop-in sessions for property owners and residents regarding the study area for US Highway 25 North zoning:


            Wednesday, February 23, 2005, 10:00 a.m. until 1:00 p.m., Land Development Building

            Wednesday, February 23, 2005, 6:00 p.m. until 9:00 p.m., County Office Building

            Thursday, February 24, 2005, 6:00 p.m. until 8:00 p.m., County Office Building


Set Quasi-Judicial Public Hearing on Communications Tower Ordinance Variance Application #CTV-05-01

Karen Smith informed the Board that Mr. Harold K. Timmons, agent for Pegasus Tower Company, has submitted an application for a variance (application #CTV-05-01) from Henderson County Communications Tower Ordinance Section 81-6B(2)(a)[10], Easement Acquisition Documents.  The variance application was submitted on February 3, 2005, to the County Communications Tower Ordinance Administrator.


Before taking action on the application, the Board of Commissioners must hold a quasi-judicial public hearing, in accordance with Section 91-10 of the Henderson County Communications Tower Ordinance.  In order to comply with public notice requirements, Staff recommends that the Board hold the public hearing during the March 23, 2005 meeting.


Mr. Nicholson recommended that the Board schedule a quasi-judicial public hearing concerning Communications Tower Ordinance Variance Application #CTV-05-01 for Wednesday, March 23, 2005, at 11:00 a.m., unless the Board would like to schedule a special called meeting for the purpose of holding the hearing.


Chairman Moyer made the motion to set the hearing for March 23, 2005 at 11:00 a.m.  All voted in favor and the motion carried.


Public Hearings re: 64 West

Justin Hembree stated that there is a meeting of key stake holders as well as local government officials, city staff, and county staff at 1:00 p.m. today at the City Operations Building.  There will be a preliminary review of what NCDOT has proposed for 64 West and the Fifth Avenue area, 64 one way and Fifth Ave. the other. 


Justin Hembree also stated there would be a public hearing tonight at the library at 6:00 p.m. for the public to come review this and provide their input for DOT’s plans for realignment of that portion of the roadway.




LGCCA Update by Chairman Moyer – How to handle requests for extensions

Chairman Moyer reported that there was an LGCCA meeting yesterday.  There were some items that came up that will require future action of this Board. They brought LGCCA up to date on where the county stood on many issues, particularly in the area of sewer. All the municipalities approved the Master Water & Sewer Plan as did the County.  Now they’re looking at what steps to do next.


One of the issues was how to handle requests for sewer and water extensions in the county and the municipalities.  At the next meeting we plan to review the City’s Plan and the County’s Plan for how we’ll handle these extensions, try to finalize a process so that everyone is in agreement, and then we’ll come back to this Board for recommendation.  Currently, if the City is going to extend a water line they send the County a notice, it comes to Gary Tweed but eventually the Board does take a look at it.  We’ll see if we want to continue that process or go to some different process. 


More importantly, we also then talked about prioritization of major sewer lines so we can get them added to our 2-year plan.  In the next several months this Board is going to be asked to take a look at these issues, come up with prioritization of water and sewer issues and the hope is that we will have a meeting (August) to determine how to go forward, what’s the future role of the Waster & Sewer Advisory Committee, and how we would begin to get these projects done.  There will be plenty of discussion at the Board level.


Chairman Moyer also explained that yesterday Fletcher did announce that they are going to join the Cable Renewal Process so every municipality will be involved.  Everyone will work towards a common franchise and work together.



Chairman Moyer made the motion for the Board to go into closed session as allowed pursuant to NCGS 143-318.11 for the following reason(s):


            1. (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 boy in order to

consider and give instructions to the attorney with respect to the

following proceeding:


Henderson County Hospital Corporation d/b/a Margaret R. Pardee

Memorale Hospital and Henderson County,



North Carolina Department of Health and Human Services,

Division of Facility Services, Certificate of Need Section,



Brevard MRI at Transylvania Community Hospital, L.L.C.,


In the Office of Administrative Hearings

04 DHR 1555


All voted in favor and the motion carried.


PUBLIC HEARING – Community Development Block Grant (CDBG) – 2005 Scattered Site Housing Program

Commissioner Messer made the motion for the Board to go into public hearing.  All voted in favor and the motion carried.


The purpose of this public hearing is to receive public comment on the 2005 CDBG Scattered Site Housing Program Grant application ($400,000).  A copy of the public hearing notice was offered for review.


Grant applications are due to the Division of Community Assistance (DCA) on February 28, 2005. The Grant requires 2 public hearings to be held before the application is submitted.  This first public hearing was held on January 19, 2005.


The 2005 Grant cycle is different from the 2002 cycle in that the projects must be chosen prior to submitting the application.  The Selection Committee met on February 10, 2005 to choose eligible projects.  Because it was necessary to conduct this public hearing as a condition of the application, the projects had not been chosen prior to the submission of this agenda item.  A brief summary of the proposed projects, including location, activities and cost was planned for this meeting.  Again, because of the condensed time frame for submission this year, the application will not be completed by the time of this public hearing.  It will be necessary for the Board to adopt a resolution stating that they agree to submit an application for CDBG funding under the Scattered Site Housing Program category on or before February 28, 2005.  The prepared resolution was part of the agenda packet.


The Grant application, which is submitted to DCA, will be provided to the Board upon completion for signature.


The County Manager recommended that the Board approve the prepared Resolution.


Selena Coffey introduced Carol Keena to give an overview of the application and selection process. Ms. Keena informed the Board that the Selection Committee met last week.  There are nine units in total that are being proposed to be rehabilitated or relocated on site.  Relocation on site is a process of removal of the existing structure that is uninhabitable or has deteriorated beyond the program’s guidelines for rehabilitation.  Those two units will be cleared and then relocate new modular units on site to replace the units and then the additional seven units will be rehabilitated. The total cost of the project is $400,000 to the penny


Public Input

There was none.


Commissioner McGrady made the motion for the Board to go out of public hearing.  All voted in favor and the motion carried.


Commissioner McGrady made the motion for the Board to adopt the prepared resolution approving submission of an application for 2005 Community Development Block Grant Scattered Site Housing Program, as presented. All voted in favor and the motion carried.



To discuss Legislative Goals

Chairman Moyer welcomed our guests from Buncombe County, the entire Board of Commissioners and some of their staff. He asked that they come forward so the two Boards could discuss the Legislative Goals put together by the North Carolina Association of County Commissioners.

Nathan Ramsey, Chairman of the Board introduced the other attendees:  County Manager Wanda Greene; Commissioner Bill Stanley, Commissioner Carol Peterson, Commissioner David Young, Vice-Chair David Gantt, John Craighton, Assistant County Manager, Keith Snyder, Assistant County Attorney, and Clerk to the Board Kathy Hughes.


Legislative Goals Process

Chairman Moyer stated that the Legislative Goals Process this year was a very good process.  Nathan Ramsey was Co-Chair of the group.  He felt the process went far better than it has in the past.  He felt that they have come up with a good list of legislative goals.  Commissioner Messer is on the Board.  David Young is going through the chairs of being an officer of the association.  Mr. Moyer felt that there has been very good involvement.


Legislative Goals


David Young stated that Medicaid Relief has been the #1 issue, one that we want to highlight and promote.  There have been two bills introduced:  HB#132 and HB#149.  A lot of our local delegation has co-signed, co-sponsored on HB#132. The association and our counties would feel great about either one of these bills. County Managers would be so happy to hear that Medicaid costs are capped and they won’t go up from a budgeting standpoint, they can work with that.  Over time, if we can phase out those costs, it will be a win/win for all our counties.  We can put more money into education and other programs that we want to fund other than the spiraling cost of Medicaid. 


David Young explained that the goal is simply:

1.                To cap Medicaid costs to counties.  Our costs have been going up between 10-30%

every year for as long as Mr. Young could remember.  It is a goal that they feel is

attainable this year.

2.                They want to see a phase-out of all the county’s share of the Medicaid costs.  We are

one of two states in the country that share in the cost at all.  New York and North Carolina are the only two that have that burden upon us from a county stand-point.


Wanda Greene stated that we have seen several bills introduced where they’ve added a percentage here, most of the bills are saying if 25% of your population is Medicaid eligible, there will be even more support to bring those costs down quicker.  Buncombe County is at $12 million now for Medicaid or a little over 6 cents on the tax rate for Buncombe.


David Nicholson stated that this year Henderson County is looking at about $4.5 million for Medicaid or 5 cents on the county tax rate.


Someone from Buncombe explained that if this was taken away we could lower the tax rate in Henderson County 5 cents and in Buncombe County 6 cents and still have the same services we have now.


Nathan Ramsey explained that this fall there is a unique opportunity regarding Medicaid.  We would like to phase out the costs over several years.  Medicaid is a $400 million plus cost for local governments and counties. With the budget challenges the state has, it’s unrealistic to expect them to pick up $400 million in one year.  But we can do a cap and that’s a realistic number, along with aid to counties that have a certain percentage of Medicaid eligibles, that would be helpful as well.


Nathan Ramsey said that this year it was decided there would be three main goals:


#1        Medicaid Relief – Cap the cost and over 5 years phase out the county cost share of Medicaid.

#2        More Revenue Options – NC would like the same options other counties have.

#3        School Construction Bonds – Support sales tax for school construction.  In many areas of the state, local governments are having trouble meeting the demands for school construction, school capital needs.


Overall there were over 50 goals but they were narrowed down to these three.


Charlie Messer added his hats off to the committee for taking on these 3 goals.  Mr. Messer serves on the State Association Board.


David Young  suggested a letter of support from both our Boards for Medicaid Relief to our Legislative Delegation might be quite effective. He doesn’t feel that we’ll see relief on this until really late in the legislative session.  We need to keep the pressure on throughout the session.


He discussed house bills introduced due to the Blue Ribbon Committee and stated that for Davie County their county Medicaid costs equal 30% of their budget.  The two bills in question are a direct result of the Blue Ribbon Committee.


Nathan Ramsey felt we should encourage our federal representatives to get this burden off the backs of counties.  County Government cannot mandate responsibilities to others. County officials are at the bottom.


Discussion followed in support of the previous comments.  Local officials need to work closely with their state and federal legislators and continue to have open communications like were expressed here today.


Charlie Messer explained that the preliminary state budget is $1.2 billion in the hole and will likely increase by the time everything is included in the budget.  He stressed the need to speak to your legislators and express your concerns and your endorsement.  One of the big issues state-wide is a lottery.  Our legislators have a big input on where we’ll go with that. 


Chairman Moyer expressed that Henderson County is very concerned about Mental Health Reform and the crisis situation and the care that people are not getting that desperately need it.  He envisions that getting worse for a while.


Wanda Greene stated that crisis services are by far the greatest unmet need that we’ve had.  Right now there is a proposal being drawn to redo a facility on Biltmore Avenue in Asheville to set up a crisis facility that hopefully could expand to be able to provide the service.  It takes time and money to do so.  From a legislative standpoint, they are working hard to maintain the Broughton beds to stay open until we have a crisis solution here in the LME region or the Western Highlands Region. There has been a lot of effort but everyone is uncertain about the rates.  What will Medicaid pay long run? 


David Nicholson stressed that the big issue here is rates.  This system is primarily funded by Medicaid.  He stated that when we went out to bid on our Maintenance of Effort Funds, the Board put an emphasis on dealing with emergency issues.


We need those rates from the State.


Following much discussion, it was the consensus of the Board to send a letter of support for the #1 goal, Medicaid Relief, one letter signed by both Boards.   Chairman Moyer asked both County Managers to get together to draft the letter. 



Airport Board

David Gantt expressed that the Buncombe County Board is in total favor of getting a seat for Henderson County on the Asheville Airport Authority.  Mr. Gantt is on the Airport Board now. 


Nathan Ramsey expressed that he hopes the seat will ultimately be a full voting member for Henderson County on the Airport Board. The current ratio of that Board is three members from the City of Asheville, three from Buncombe County and one appointed by the Board equaling a 7-member Board. Buncombe County spends about a half million dollars of general fund money at the Airport.  The City of Asheville is not spending any general fund dollars.


Water Agreement

David Gantt apologized to Henderson County for the way Henderson County was treated on the water deal.  He is embarrassed by the situation.  He stated this is not regionalism. The Buncombe County Board wasn’t in agreement of how Henderson County was treated over the water line to the trucking company.


Chairman Moyer said that he distributed to the Henderson County Commissioners the letter that the Buncombe County Board signed and sent to the City of Asheville. He asked for an update.


Nathan Ramsey stated that Buncombe County is awaiting a response from the City of Asheville reference that letter.


There is an offer on the table.  If it is not the best solution then someone should come up with a better way and show why it’s not good for the people in the City of Asheville.  Three members of the Buncombe County Board live inside the corporate limits of the City of Asheville. 


Mr. Ramsey expressed that he felt the right policy choice was made back in 1994 when they located the Mills River Plant. Mills River is a regional water source.  We have a tremendous supply of good clean water and it is very important for the growth of our region. The water issue will take everyone working together.


Larry Young expressed that if we want to be an equal partner we need to accept equal burden.  We’re willing to accept whatever we need to do to help make the water plant productive, make it profitable and go from there.


David Gantt stated that Buncombe County proposed an independent Water Authority and an independent Recreation Board. They are awaiting a response.  They want to work with Henderson County and work with Asheville City and be partners. The City of Asheville has the card at this point.


Both Boards clearly wanted input regarding the water agreement from their citizens.  They stressed openness. To get the cost down, we must get the production up. 


There was some mention that the Water Authority is not a true authority, truly has no authority.


Nathan Ramsey expressed tremendous respect for Mayor Worley and Council members of the City of Asheville.  He thinks there will be a working option, a plan to invest to repair the system so that the full $750 million won’t be ultimately responsible by the City of Asheville taxpayers.  He stated that he is willing to accept a reasonable differential rate for water. He made mention of annexation.  He stated that you have to be an optimist to run for office and he is an optimist when it comes to the water agreement.


Chairman Moyer expressed that the Henderson County Commissioners are certainly committed to working with Buncombe County and with the City of Asheville as well as the City of Hendersonville to help resolve this issue for the benefit of our entire region.  He felt that the next key step would be the response from the City of Asheville.  Henderson County will be anxious to see what that is. 


David Young invited everyone in attendance to their water meeting on March 14 at their chambers at 6:30 p.m. It is a public forum to hear citizen input regarding the water agreement.  He further stated that water is not something we should use as a demanding tool but should be something that is a right for everybody to have. In the future, it has the potential to be used as a hammer against people, and not for people.



Chairman Moyer made the motion to adjourn the meeting.  All voted in favor and the motion carried.









Elizabeth W. Corn, Clerk to the Board                           William L. Moyer, Chairman