STATE OF NORTH CAROLINA                                                       BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                               OCTOBER 18, 2006


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 Bill Moyer, Vice-Chairman Charlie Messer, Commissioner Larry Young, Commissioner Shannon Baldwin, Commissioner Chuck McGrady, County Manager Steve Wyatt, Assistant County Manager Justin Hembree, Assistant County Manager Selena Coffey, County Attorney Russell Burrell, and Clerk to the Board Elizabeth W. Corn.


Also present were: Planning Director Anthony Starr, Finance Director J. Carey McLelland, Deputy Clerk to the Board Terry Wilson, Research/Grants Coordinator Amy Brantley, Associate County Attorney Sarah Zambon, and Tax Collector Terry L. Lyda.



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



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



County Manager Steve Wyatt gave the invocation.


Chairman Moyer recognized Assistant County Manager Justin Hembree and noted that he would be presented with a public service award.  He stated that Mr. Hembree had turned in notice to the County. 


County Manager Steve Wyatt presented Assistant County Manager Justin Hembree with the Distinguished Public Service Award.  A copy of the resolution was attached to the agenda and is included as part of these minutes.



Chairman Moyer asked each person who had signed up for informal public comments to please limit their comments to about 3 minutes.


  1. Stan Kumor – Mr. Kumor lives at 3020 Chestnut Road in Hendersonville.  He was at the meeting because he understands that the Board of Commissioners and the School Board are working to address the current school construction costs.  Mr. Kumor questioned some areas of perceived cost savings.  He understands that one of the suggestions made by consultants is to use flat roof construction versus pitched roof construction such as used at the new Fletcher Elementary School.  As a long time West Henderson Booster Club member and school volunteer he has been appalled at the repair costs that have accumulated due to the repeated maintenance required in attempting to repair leaks in flat roof without success to date.  Every year Mr. Kumor has been called to replace several of the athletic plaques mounted on the interior wall outside the new gym because they had become water damaged due to leaks in the roof.  He suspects that any savings achieved by using the flat roof construction at West Henderson has been eaten up over the years in repairs to stop the leaks.  The cost doesn’t stop with roof repair.  These leaks can cause additional damage to expensive assets such as gym floors and computers.  In the future as we invest in schools for our growing community, Mr. Kumor suggests that the Commissioners and School Board look into construction that is cost effective in the long term and not just cost cutting in the short term.


  1. Shannon Baldwin – Mr. Baldwin is a County Commissioner and read a Resolution to Recognize Hispanic/Latino Heritage in Henderson County as follows:


WHEREAS, the Hispanic/Latino community is a large, growing, and vital part of the population, economy, and cultural life of Henderson county; and


WHEREAS, people of Hispanic/Latino origin constitute 14 percent of the nation’s total population and 7.2 percent of the population in Henderson County; and


WHEREAS, the Hispanic/Latino community invests in the success of Henderson County through their contribution to the growth of businesses within the County; and


WHEREAS, Hispanic/Latino Americans have contributed to a rich and diverse culture in Henderson County; and


WHEREAS. The Hispanic/Latino community has a strong background in, and appreciation for, family values; and


WHEREAS, as a result of their determination, intelligence, hard work and perseverance, the Hispanic/Latino community has contributed immensely to the character and future of this County;


NOW, THEREFORE, BE IT RESOLVED that the Henderson County Board of Commissioners, at its meeting on October 18, 2006 does hereby call upon all citizens of this County to recognize the importance of Hispanic/Latino heritage in Henderson County.


Commissioners Baldwin stated that “he could” in good conscience vote to support the resolution.  He finds this resolution more truthful and based on fact than some of the other resolutions the Board has voted to support in the past.  Mr. Baldwin respects the Hispanic/Latino community and its contributions.  He believes that if the Board passes this resolution today they also need to pass a resolution describing the virtues, contributions, and hardships endured by the African-American community since the colonial era; to the founding of the American Republic and to the present.  What about the Cherokee?  Where the people sit was once their land.  Evidence of their ancestor presence was found in our county when he plowed fields as a boy.  There is also the Irish, Scottish, Germans, and English who ventured into this area in the 1700’s and settled it.  Then there are the Italians, Greeks, Jews, Koreans, Russians, Indians, and Ukrainians.  Every ethnic group has it’s good qualities and more than likely have earned the right to have its virtues publicly proclaimed, significant contributions recognized, and heritage celebrated.  Let’s not forget the principal rule of law; one of the defining three pillars of western civilization, for without it the American public will not last no matter how many ethnic celebrations we sponsor and orchestrate.  He, therefore, could not support the resolution.


  1. Eva Ritchey – Ms. Ritchey resides at 1928 Brevard Road.  She began by stating that she is heartened yet not surprised when she read in the paper the generosity of so many groups coming forth to help with the mental health crisis.  It is neither justice nor the right thing to spend $10,000,000 on a courthouse and yet not find $600,000 for the clubhouse. Last January the opportunity was given to be true fiscal conservatives and live within the budget that the Federal Government and the State of North Carolina gave Henderson County.  They gave Henderson County $12,000 per precinct to update our voting machines.  Ms. Ritchey stated Chairman Moyer was the only one who seemed to understand the importance of savings $500,000.  Rather than stay within the budget the Board of Commissioners voted to spend $500,000 of tax payer money to buy expensive equipment that was not necessary.  Consider that 75% of the Board of Commissioners in North Carolina did not make the same decision and stayed within their budget.  If Henderson County had that money now ($500,000) the clubhouse could be purchased.  Ms. Ritchey read from the Winston-Salem Journal: “North Carolina needs a statewide policy that focuses first on maintaining the roads and bridges that already exist.  That will at least keep us from falling further behind.  The DOT and the Transportation Board have been working on that adjustment.  The State also needs to develop more mass transit options.  North Carolina has three major urban centers and several lesser ones.  Each one should have viable mass transit systems that allow most urban dwellers to get to work and back home without a car.  North Carolinians must be willing to use mass transit.  “The days of cheap gasoline are over while the prospects for unlimited new roads are being lost.”  Ms. Ritchey requests that the Board of Commissioners find monies to expand our public transit here in Henderson County.  Saturday service is needed.  There are many people who have no other way to get to their jobs.  Apple Country Transportation needs to be improved and expanded to include Saturday service. Grimesdale Community doesn’t need any additional burdens.  Already against the will of a majority of people of Henderson County an asphalt plant spewing noxious fumes was placed next to their residence.  Now there are some that would further the insult with an industrial rezoning.  Ms. Ritchey opposes it and she hopes the Board will also. 


  1. Dick Baird – Mr. Baird lives at 511 Hidden Lake.  Mr. Baird would be in favor of the proclamation that was mentioned by Commissioner Baldwin if it was amended to include the word “legal”.  His input was in regards to cost of illegal aliens to Henderson County tax payers.  He has developed order of magnitude figures that he shared with the Board.  The basic ground rule for his study was the consideration limited to funds coming out of Henderson County tax payer pockets and spent in Henderson County.  Federal and State, other than educational funds, were disregarded for the purposes of the assessment.  Time constraints mandate that it be presented at the summary level. 

·        Additional deputies                                400,000

Incarceration                                        755,000

Medical for prisoners                               92,000

Additional incarcerations officers          200,000

Total for policing                                $1,500,000


·        Education         $1,082,000 (several hundred thousand low due to misleading data from school system)


·        State Funds       $4,000,000 (probably a million low due to misleading data)


The money that goes to state and then comes back after service fees is extorted.              Half of Sugarloaf Elementary debt service ($600,000) should be charged to the illegal immigrants.  The total for K-12 education is roughly 6.8 million dollars (probably low by as much as 1.5 million).  


There was very little useful data for Public Health and Social Services.  An estimate has been derived of $300,000 for Public Health and $680,000 for Social Services. 


An estimate of $9,000,000 per year is being sent to other nations from Henderson County for lost revenue.  Considering the surge of illegal immigrants in the last 3-5 years the number is probably closer to 2.5 million. 


Whoever is on duty at the emergency room must be the doctor for illegal immigrants.  This is the most costly medical option at 2.7 million. 


·        Sales tax revenues                            $972,000

·        Fines and Fees                                     50,000

·        Vehicle Taxes                                     100,000

Total revenue                                $1,100,000


Totaling all of the above, illegal immigrants are costing Henderson County taxpayers $10,600,000 this year.  We know this is an under estimation.  That is $1,177 per individual and around $3000 per family unit of 2.5 individuals.  This is voluntarily contributed to people who are not eligible. 


This is very close to the $2700 on the first page of Selena’s document.  Mr. Baird’s opinion was to pass American’s First Ordinance and “get these dollar sucking parasites on their way out of Henderson County”.  Let’s quit sweeping this problem under the rug and address it forthrightly and take appropriate action. 



County Manager Steve Wyatt requested that the Governors Highway Safety Grant, which came in late, be presented during discussion by Captain Rick Davis.  Chairman Moyer stated that it would be the first item on discussion. 


Commissioner McGrady made the motion to approve the agenda as adjusted but with the deletion of Item D Illegal Immigration.   The motion failed with Commissioner Baldwin, Commissioner Young, and Commissioner Messer voting nay.


Chairman Moyer requested Commissioner McGrady to speak to his motion. 


Commissioner McGrady stated that a great deal of information had been pulled together on illegal immigration; however he did not see the nexus or ability for the Commissioners to do anything on this subject.  Unless there is something the Commissioners can specifically do on it, while the information is useful, he doesn’t feel that there is any purpose of having it as a discussion item.


Commissioner Baldwin expressed that there needed to be a discussion no matter how brief.  The Commissioners need to decide what they can do next in order to deal with the issue at hand.


Commissioner Young was in agreement with Commissioner Baldwin and feels they need to proceed with discussion.  He stated that the resolution, as Dick Baird has said, needed to state “legal”. 


Commissioner Messer agrees that there is a problem in the nation.  He feels that the Commissioners hands are tied.  It does need to be discussed.


Commissioner McGrady made the motion to approve the agenda with the addition of the Governors Highway Safety Grant.  All voted in favor and the motion carried.



Commissioner McGrady made the motion to 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, Henderson County Tax Collector, had provided the Tax Collector’s Report dated October 16, 2006, for the Board’s review and consent approval.


Non-Profit Performance Agreement

Subsequent to the approval of the FY 2006-2007 Budget, staff had distributed the funding agreements to the non-profit agencies receiving County allocations.  Staff will be including signed funding agreements on the Board’s consent agendas as they receive them from the agencies. 


If the Board is so inclined, the following motion was suggested:


I move that the Board authorize the Chairman to execute the attached funding agreement with the Housing Assistance Corporation and, in doing so, authorize the release of the first of the aforementioned agencies’ quarterly allotments.


Surplus Property

A resolution was presented and is included as an attachment to these minutes for the Board’s consideration (Exhibit A) declaring the attached 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 after the required advertisement of the sale.


If the Board is so inclined, the following motion was suggested:


I move that the Board approve the attached resolution declaring the attached list of personal property as surplus and authorize staff to sell the surplus property after advertisement by electronic public auction utilizing GovDeals auction services.


Public Records Disposal Request

Staff requested approval from the Board of Commissioners to destroy public records listed and attached to the agenda of Public Records Disposal Request and Destruction Log and also included as an attachment in these minutes  in accordance with the County’s Records Retention Policy and the provisions of N.C.G.S 121 and 132 as the period for retention of these records has expired.


If the Board is so inclined, the following motion was suggested:


I move for the Board to approve this public records disposal request as it meets the requirements of the County’s current Records Retention Policy.


Improvement Guarantee for the Green Mountain Vistas Major Subdivision

Mr. Hunter Marks (of Luther E. Smith and Associates, P.A.) on behalf of Phoenix Housing Group, owner, submitted a request for an improvement guarantee for the Green Mountain Vistas major subdivision.  Green Mountain Vistas is located on approximately 29 acres of land off Green Mountain Road, between Kyles Creek Road and Trail Creek Road.  On September 19, 2006 the Henderson County Planning Board and Planning Department granted conditional subdivision approval for the proposed development.  The improvement guarantee is proposed to cover the construction of roads, erosion control measures, and drainage improvements for the entire subdivision.


According to Sections 170-38 and 170-39 of the Henderson County Subdivision Ordinance, where the required improvements have not been completed or in lieu of completing all of the required improvements and for Final Plat approval, the developer may post a performance guarantee for the improvements.  Section 170-38 of the Henderson County Subdivision Ordinance also states that the installation of the improvements must be completed within two years of the improvement guarantee approval date.  The developer intends to post with the County an irrevocable letter of credit in the amount of at least $434,870.69 to cover the cost of the improvements ($347,896.55) as well as the required twenty-five percent (25%) contingency ($86,974.14).  October 1, 2007 is the proposed completion date for the improvements.


A draft Performance Guarantee Agreement was attached with the agenda for the Board’s consideration.  If the application is approved, the developer must submit an irrevocable letter of credit in accordance with the terms of the Agreement.  Once the County receives a letter of credit in proper form, the relevant parties must execute the Agreement.


I move that the Board approve the improvement guarantee application for Green Mountain Vistas, subject to the developer submitting to Henderson County an irrevocable letter of credit in accordance with the terms of the draft Performance Guarantee Agreement.


Water Line Extension – Preserves on Willow

The City of Hendersonville has requested County comments on proposed water line extension for Preserves on Willow.


A City of Hendersonville Project Summary sheet, with backup document and County review sheet with staff comments was attached to the agenda for Board review and action.


I move that the Board take action to support the referenced water and sewer line extension.


Child Protection Ordinance

Included in the agenda packet for the Board’s review was a revised draft Child Protection Ordinance.  It was very similar to the last draft, except that it defines “camp” (site where recreational and educational activities are regularly provided for children), and eliminates a prohibition on a registrant being present at a school event announced to and open to the general public.


If the Board is so inclined, the following motion is suggested:


I move that the Board adopt the revised draft of the Child Protection Ordinance.


Application for county control of an abandoned public cemetery (lower section, Mill Pond Cemetery)

Henderson County had received an application from Jay Jackson, Chair of the Henderson County Cemetery Advisory Committee, for Henderson County to assume possession and control of an abandoned public cemetery.  The cemetery is described in the attached survey, with Henderson County PIN 0096409780045, and is know as “lower section, Mill Pond Cemetery”.


Under your ordinance:

1)     The Board must “assume possession and control” of all abandoned public cemeteries.  (Code §76-6)

2)     “An abandoned cemetery for which there is no ascertainable person or entity responsible for maintenance and care, and which has not actually been maintained or cared for so that it has fallen into a state of disrepair as evidenced by overgrown foliage, broken grave markers, loss of grave identity, or such other circumstances indicating neglect or abandonment.” (§76-4(a))

3)     “A public cemetery is a cemetery that:

(1)   Is or was last owned or controlled by a public body without any relinquishment of ownership or control by said public body; or

(2)   Has been (i) dedicated for use by the public generally by an express or implied dedication, and (ii) accepted by the public expressly by an act of public body or impliedly by the actual use of the cemetery by the general public.” (§76-4(C))


The only substantial issue identified by staff as a concern with this application is the location of the boundaries of the “lower section, Mill Pond Cemetery”.  As under §76-6, the Board is responsible to insure that the cemetery “boundaries and lines are clearly laid out, defined and marked, and shall take proper steps to preserve them from encroachment”, the location of these boundaries is required information.  This is especially true as the remainder of Mill Pond Cemetery is well cared for, and clearly not an abandoned cemetery of any sort.


If the Board is so inclined, the following motion is suggested:


I move that the Board assume and exercise possession and control of the lower section of Mill Pond Cemetery as surveyed as an abandoned public cemetery pursuant to Chapter 76 of the Henderson County Code.


Strategic Plan & Capital Projects Monthly Report – 2006

Included in the agenda packet were the Strategic Plan and Capital Projects Monthly Report.  The purpose of the monthly reports is to examine the extent to which the issues within the Strategic Plan have been addressed and the goals have been achieved.  This was for information. No action was requested.


N.C. Cooperative Extension New Memorandum of Understanding (MOU)

Included in the agenda packet was information regarding a new Memorandum of Understanding (MOU) between County Governments and North Carolina Cooperative Extension.  There were also changes between the old MOU and this updated version.


This new MOU begins to move all Cooperative Extension employees from counties across the state to one uniform payroll system.  This will have no significant impact on Henderson County, as we will continue to fund the same percentage of Cooperative Extension’s personnel expenses as we have in the past.


I move that the Board approve the MOU and authorization for the Chairman or County Manager to execute the agreement.


2007 Public Library Holiday Schedule

Public Library Director William Snyder presented the proposed 2007 holiday schedule for the Public Library and its branches for approval.  The Public Library and its branches will observe two additional holidays in 2007 because they occur on Sunday:  Easter Sunday, April 8, 2007 and Sunday, Christmas Eve, December 23, 2007.


I move that the Board approve the 2007 Holiday Schedule as presented for the Public Library.


Soil & Water Conservation 2006-2006 Annual Report

Included in the agenda packet for the Board’s review was a copy of the Soil & Water Conservation District 2005-2006 Annual Report.  This was for information.  No action was requested.


Approval of FY 2007-2009 Henderson County Work First Block Grant Plan

In accordance with the State biennial planning schedule, Henderson County Department of Social Services had prepared a recommended Work First Block Grant Plan for FY 2007-2009.  The State requests the plan be submitted on or before October 31, 2006.


Henderson County’s Work First Planning Committee has worked on and reviewed the plan.  The Board of Social Services will formally review the plan at their meeting on October 24, 2004 prior to being submitted.  There is no fiscal impact.


Requested was: (1) Certification of the Board of Commission’s majority approval of the plan; and (2) Chairman’s signature.


If the Board is so inclined; the following motion is suggested:


I move that the Board approve this plan and authorize the Chairman to execute the necessary documentation.


Notification of Vacancies

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

1.                Apple County Greenway Commission – 1 vac.

2.                Hendersonville Planning Board – 1 vac.

3.                Nursing/Adult Care Home Community Advisory Committee – 1 vac.



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


1.                Child Fatality Prevention Team – 1 vac.

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


2.                Community Child Protection Team – 1 vac

Commissioner McGrady nominated Ben McKay for position #6.  There were no other nominations.  Chairman Moyer made the motion to accept Ben McKay by acclamation.  All voted in favor and the motion carried.


3.                Downtown Hendersonville Inc. – 2 vac.

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


4.                Environmental Advisory Committee – 1 vac.

Commissioner McGrady nominated David Lowles for the position of Chair.  There were no other nominations.  Chairman Moyer made the motion to accept David Lowles as Chair by acclamation.  All voted in favor and the motion carried.


Commissioner McGrady nominated Mary Jane Pell for position #1.  There were no other nominations.  Chairman Moyer made the motion to accept Mary Jane Pell by acclamation.  All voted in favor and the motion carried.


5.                Henderson County Zoning Board of Adjustment – 1 vac.

Joe Cox was appointed at the last meeting for position #8 however he is also on the Hendersonville City Zoning Board of Adjustment.  This is not a legal issue per Russ but he may not be a favorable option.


Commissioner Baldwin made the motion to remove Joe Cox from this Board.  All voted in favor and the motion carried.


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


6.                Hendersonville City Zoning Board of Adjustment – 1 vac.

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


7.                Historic Preservation Commission – 1 vac.

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


8.                Juvenile Crime Prevention Council – 3 vac.

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


9.                Nursing/Adult Care Home Community Advisory Committee – 1 vac.

The Chair of the committee recommends Marlana Lee for position #11.


Commissioner Baldwin nominated Marlana Lee for position #11.  Chairman Moyer made the motion to accept Marlana Lee by acclamation.  All voted in favor and the motion carried.


10.             Transportation Advisory Committee – 1 vac.

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



North Carolina Governor’s Highway Safety Program Grant Application

Included in the agenda packet for the Board’s review was a memorandum from Captain Rick Davis outlining a proposal to use funds from the North Carolina Governor’s Highway Safety Program to fund new patrol positions in the Sheriff’s Department dedicated for traffic enforcement activities. The resolution indicated that grant funds will total $81,852 and that the local required match totals $13,467.  The Sheriff’s Department proposes using revenues secured through drug enforcement activities to meet this required match. No General Fund dollars are being requested or recommended. 


Captain Davis was present to answer questions concerning the request.  Mr. Davis explained that on 22 June 2006 the Henderson County Sheriff’s Office received approval of a grant application with the North Carolina Governor’s Highway Safety Program.  This grant was originally slated to bring one traffic officer to the Town of Mills River.  Since the approval date; however, the Town of Mills River has moved away from this concept.  The Henderson County Sheriff’s Office would like to use the available grant funds to put online one officer dedicated to traffic enforcement in Henderson County.


The objectives of this position are as follows:


  • Highway drug interdiction.
  • Reduce the number of accidents on the roads of Henderson County.
  • Reduce the number of traffic fatalities on the roads of Henderson County.
  • Focus on speed enforcement, aggressive driving and alcohol related incidents.
  • Strengthen public relations and education throughout Henderson County as they relate to safe driving habits and driving awareness.
  • Conduct Town Hall Meetings to present materials explaining the goals and plans of the Safe Roads Henderson County Initiative.


This grant will provide the salary, benefits, vehicle and needed equipment to carry out the duties of this traffic position.


Pending the Board of Commissioner’s approval, the Sheriff’s Office and the Governor’s Highway Program will enter into a contractual agreement.


Captain Rick Davis completed his presentation by giving the following statistics for Henderson County:

  • In the last 3.5 years there have been over 58 fatalities from motor vehicle accidents.
  • Insurance in Henderson County is high due to the high number of vehicle collisions.


Commissioner McGrady made the motion to approve the resolution approving the filing of the grant application.  All voted in favor and the motion carried.


Mental Health System Update and Service Proposals

Mr. Arthur Carder, CEO for Western Highlands Local Management Entity (LME) was present to provide the Board an update on the regional mental health system.  Mr. Carder also provided proposals with recommendations for use of the County’s mental health maintenance of effort (MOE) funds.


Mr. Carder informed the Board that things were looking better as of this meeting than they were a week and a half prior.  On the handout provided to the Board Mr. Carder noted the following:

  • Agency listed as Family Preservation Services of NC was listed previously as Providence Corporation
  • Agency listed as Parkway Behavioral Health was listed previously as Phoenix Behavioral Health Services
  • The providers in bold are providers who have committed to providing services in Henderson County.
  • The providers not in bold have not officially resolved all issues in place in order to deliver the services or they have decided they do not want to deliver the service.  They are a potential provider that may address some of the needs in the area.

One item still missing in Henderson County are decisions regarding school based therapy.  Doctor coverage is also an issue.  Only five (5) of the twenty-two (22) employed by New Vista have shown interest in contracting with the LME to be sub-contracted out to other providers.    Four of the individuals work in the Rutherford-Henderson County area and one works in the northern three counties.  The item that LME is struggling with is medication samples.  New Vista’s currently has a supply and LME is working with them to see what their plans are for these medication samples.  The last item is the 6th Avenue Clubhouse and where it stands.


Chairman Moyer questioned if the prescription program had been resolved in Henderson County.


Mr. Carder responded that the PFC is planning to provide the free medication program in Henderson County.  The location needs to be secured and additional paperwork completed. 


County Manager Steve Wyatt stated that there had been a meeting the prior week with PFC.  Mr. Wyatt recommended setting a deadline to make sure that PFC moved along as necessary. 


Chairman Moyer stated that he thought setting a deadline was a good idea also.  He questioned Mr. Carder in reference to the five (5) doctors out of twenty-two (22) coming on board.  Chairman Moyer asked what would happen to the system if they only ended up with the five doctors. 


Mr. Carder explained that there were only five of twenty-two doctors that had signed contracts with LME.  However some of the other doctors had signed contracts with other providers.  The Board will be able to see this on their contracts as doctor cost. 


Chairman Moyer was concerned about the small agencies that would not be able to contract in this manner.  They would possibly need help in some isolated basis.  He questioned what they would be able to do.


Mr. Carder answered that most people have been able to get help either through primary care or through the doctor communications.  It is possible that the LME may be moving the entire system to an integrated model.  The reports coming in are that the doctors are not leaving town.  Only one doctor has indicated that he might leave the area.  The doctors are staying here, looking for jobs, and securing the best deal they can.  A number of providers have contacted the LME and asked about LME managing the on-call system for them. 


Chairman Moyer referred to the Rescue Mission.  They would have special situations and they need help.  Where they used to get individual psychiatric help through Mountain Laurel what would happen to them now? 


Mr. Carder stated that they would have to contact one of the providers or LME (if a psychiatrist contracted) who has a psychiatrist available to get that support.  This problem continues to be unresolved.


County Manger Steve Wyatt suggested that LME contact the Rescue Mission and act as a conduit to put these people together and basically share the information with the Rescue Mission in regards to providers and doctors available.  This would at least give them some resources.  Mr. Wyatt referenced back to the provider list and target dates.  He understands with this report that two of the emergency triage are up and running along with hospital evaluations.


Mr. Carder confirmed that Mr. Wyatt was correct and that two providers are already in the process of providing emergency triage.


Mr. Carder then discussed the MOE Proposals.  LME has requested providers to look at the proposal as potential seed money for projects such as expansion.  All of the proposals received have good merits.  The total received was about $1,349,000 in requests plus an additional proposal of $400,000 to $500,000.  Because the requests are more than the funds available, the Board must look at the best solution for everyone.  LME staff looked at all of the proposals in depth and focused on a variety of supports available in Henderson County.  LME gave their recommendations with these proposals but the choice is up to the Board. 


Chairman Moyer requested additional information as to what the providers would be offering as far as services are concerned.


Mr. Carder provided the following information:


Horizon Recovery –proposes to substantially increase their services to the adult consumers in Henderson County.  They are looking at the community support program and have been very successful at providing this service.  They have a very high ratio of state funded consumers to Medicaid consumers.  They are currently serving 60-70% of their case load as State IPR funded and about 30% Medicaid.  The state funds are limited in terms of how much money is received from the state to be able to provide those services.  Medicaid budget is unlimited.  Basically the IPR funding is limited and the Medicaid comes much closer to cost recovery.  ACTT is a very competitive program and it allows the providers to make additional income.  Horizon Recovery offers a full range of services including; substance abuse, mental health, children service, etc. 


Families Together – proposes an increase in child and adult services.  LME supports the staff expansion for adult services.  Families Together will provide Doctor services.  They have a good track record with billing and quality child services.


Community Health Network – proposes to utilize an Integrated Care model to provide services and supports for an estimated 500 consumers in Henderson County.  This model links health care and mental health and has the ability to reach a large number for the funds invested and can extend this project through July 2007.  Their service is available to both adults and children.


6th Ave Psych Rehab Partners – proposes to manage the psych-social program at 6th Ave and provide other services.  Without this service many consumers will relapse and need higher cost services.  The “Clubhouse” helps reduce other costs, like hospitalization, emergency room visits, and other therapy services.  This is a new organization, which might need more support in the future.


Blue Ridge Community Health Services – proposes providing traditional outpatient counseling services.  


Appalachian Counseling – has withdrawn their proposal.


Mainstay – proposes domestic violence services for consumers with co-occurring mental health and/or substance abuse.  Their proposal arrived late and is not focused on the immediate NVML Crisis, but is a needed service.


Mr. Carder explained that over the next year the County and LME need to look at the ability to get real financial records from providers and be able to say that people cannot be endorsed to be a Medicaid provider if they do not accept the state consumers as well, at some level. 


Chairman Moyer expressed that in his opinion we have a failed system in place in which we continue to battle.  If there is no change in the failed system there is no guarantee that we won’t be right back in this situation in six to nine months.  We have not been able to get significant and important changes to the system that will enable us to solve these inherent problems.  We must get to that point. 


Commissioner Young feels that there needs to be in place oversight committee or auditors or somebody to keep this from happening. 


County Manager Steve Wyatt explained that the state came in and said “do you want to prioritize mental health”.  This is a broad statement but basically is what they said.  Through the LME, a large geographic area and a diverse geographic area, with eight counties included and certain elements that tie them together but certain elements that don’t are boards appointed by the counties, which include different levels of interest, different issues, and different levels of energy that go into that oversight board.  This is normal and happens because everyone has different interests.  The situation that we have here is very complex but what we are trying to determine is the county’s role.  The county’s role is to appoint members to the board and be a voice for the people of Henderson County.  We are also required to fund the maintenance of effort money which is $528,000.  With the $528,000 we should be able to get at the concern of accountability.  What the proposal will be when we get there is contractual with performance measures and outcomes.  All of our performance contracts will be audited more than once per year and at least every six months by the County’s Internal Auditor for compliance with the expenditure of the funds, the performance measures of clients seen, and to make sure targets are being met.  This can be required for the maintenance funds.


Chairman Moyer stated that in viewing the proposals Mr. Carder has presented they are all expansions with the exception of the 6th Ave. Clubhouse which appears would collapse without assistance. 


Mr. Carder expressed that the 6th Ave. Clubhouse is a new provider.  The proposal request of $155,000 is for operating costs only.  It does not include buildings or property.  Mr. Carder had spoken with the County Manager Steve Wyatt and requested that whatever proposals were approved that a plan be used that would allow 50% of the funds to be distributed up front.  The other 50% would be distributed to the provider once they had reached the criteria of 30% of their consumers being non-Medicaid – the poor people that we need to make sure get the services.  Once this has been verified the additional funds would be released to the provider and they would have to sign the performance contract and show clear documentation that they had delivered the services they said they would deliver or there would be a payback associated with that expectation.  The 6th Ave. Clubhouse needs these funds whether they are on the current property or new property. 


Chairman Moyer explained that there have been several meetings with the people involved and Mountain Laurel has taken the position that they need $700,000 out of their building to be able to pay past employee salaries, severances, etc. when they shut down.  They want to work with the community to try to make sure that the Clubhouse stays but they say “That’s just the facts of life”.  What they then tried to do is find a buyer for the building who would enter into a three year lease at about $6,000 per month so that the Clubhouse could stay.  This would allow the buyer to cover their cost.  This would be an additional rent expense on the Clubhouse that they would need to keep it going.  There has been talk of an involuntary bankruptcy.  If it goes that route complete control will be lost of the assets.  During a meeting yesterday the Community Foundation stepped up to try to get community groups together to see if they could build support for the 6th Ave. Clubhouse.  They are going to use their resources, their 501C3 and other things to try to raise money through the community to help buy the building if at all possible.  Our Legislatures were there; Charles Taylor’s office and Elizabeth Dole’s office.  The requests were made for everybody to try to come forward and see if we could put together or pool funds.  If it came up to the county, we could buy that building with X amount of money with community and other support.  Then obviously there could be some kind of lease or help with the Clubhouse that would help pay for that building.  With only two weeks until October 31 Chairman Moyer didn’t think that there was much of an option at this point with the exception of the lease route.  This would be very expensive and three to four years down the road we have nothing and the county is not going to have to get involved and work with these community groups and step up and try to help get this building under our control.  Of all options on the table the preferred option would be if the community would rally and group and come up with a significant down payment that we could buy it and finance the rest at a local bank it would save a lot of cost and time.  He realizes that people are working hard on bringing that about.  It is not a complete solution but it will at least get us by the building issue and some operating funds could keep it going. 


Discussion followed in regards to appraisal of New Vista’s building and the amount of services still being offered by New Vista. 


Commissioner McGrady commented that based on the conversation between the Commissioners and Manager he questions where everything stands.  It doesn’t sound as if the Commissioners can do anything today with respect to the property issue with 6th Ave.  The only thing that it appears the Commissioners can do today is decide whether they are going to expend, per the recommendation, the maintenance of efforts funds with the limitations suggested in terms of 50% up front and the remaining 50% when the provider can demonstrate that they have at least 30% of their new case load as state funded (IPRS) adult customers.  All grantees will be required to sign a performance contract with the county and provide documentation of services provided to the LME and the County per the Performance Agreement. 


Chairman Moyer stated that additional discussion was necessary because he wasn’t in agreement with the expenditure of MOE funds at this time. Chairman Moyer recommended that the Board authorize him (the Chairman) to try to negotiate to buy, with the County being involved, the 6th Ave. Clubhouse and help raise the funds with the community and others and bring back a proposal to the Board in case everything else fails.

He advised that the maintenance of efforts funds could be used for this purpose.


Commissioner Shannon Baldwin made the motion to authorize the Chairman to try to negotiate to buy, with the County being involved, the 6th Ave. Clubhouse and help raise funds with the community and others and bring back a proposal to the Board.


Chairman Moyer, with the Board approval, would like the staff to research the information given at this board meeting and offer their input.  He also agrees with other board members that a special meeting should be held including the providers so that they may make their case before the board. 


The Board of Commissioners, through discussion, agreed that a special meeting should be held the following week. 


Chairman Moyer thanked Arthur Carder for his time and effort in such a difficult situation. 


Commissioner Baldwin spoke to his motion again to authorize the Chairman to fully gather the coalition to negotiate price and purchase Clubhouse property.  All voted in favor and the motion carried.


Public Schools Quarterly Maintenance Report

Chairman Moyer reminded the Board that when the budget was done there was a great deal of concern raised by the school system and others about maintenance in some of the buildings.  There has been vast discussion in regards to this issue.  The Board of Commissioners requested that the Public School System provide a quarterly report on their capital expenditures for the 2007 fiscal year.  The County Manager had requested that a representative from the Henderson County Public School System be in attendance at this meeting to present the initial quarterly report and answer any questions that the Board had. 


Henderson County Board of Education Chairman Ervin Bazzle stated to the Board that he felt they were making real progress.  Much work had been completed since their last discussion with the Board of Commissioners in June and July that is reflected in the report provided to the Board of Commissioners.  A lot of it is almost at the stage that it is finished and not highlighted and they have not finished paying out on it or it’s right at the final stages.  One thing that needed to be noted is the money that was earmarked for Sugarloaf has not been spent. This money will probably be rolled into next year and as he understands the budget, the money must be reallocated.  Otherwise they are in good shape.  The major projects that they worried about were Etowah sewer and the bleachers at Hendersonville which he said were finished with the exception of an issue with the final purchase order on the Etowah sewer.  The entire roof at Hillandale School has been replaced and is complete with the exception of the small section over the eight classrooms.  The area over the cafeteria, kindergarten, and first grade are scheduled to be completed within the next month. During the last couple of years at West High they have been patching the roof because they knew it was time for the West High roof to come up.  After completion everything at West High will have a new roof except one section that basically was done when they renovated back in 1972 which connects the old gym with the new gym.  This small section will be done next year.  As far as roofs go they feel that progress was being made.  They do expect to have to address roof issues at Apple Valley North, East Henderson, Atkinson, and a few other schools next year.  Any projects that were deleted from this year would be reentered into next year. 



A five minute break was taken in order to change tapes.


PUBLIC HEARING – Rezoning Application #R-2006-03 (R-30 to I-2) William W. Gregg, Applicant

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


Matt Card explained that Rezoning Application #R-2006-03, which was submitted on July 14, 2006, requests that the County rezone approximately 15.25 acres of land, located off Asheville Highway (US 25 North), from an R-30 (Low-Density Residential) zoning district to an I-2 (General Industrial) zoning district.  The Subject Area appears to be parcel 9660-53-2152, which is owned by the applicant, William W. Gregg.  The Applicant’s Agent is Jesse D. Johnson.


The Henderson County Planning Board considered rezoning application #R-2006-03 at its regularly scheduled meeting on August 15, 2006.  During that meeting, the Board voted 7 to 2 to send the Board of Commissioners a favorable recommendation for rezoning application #R-2006-03 to rezone the Subject Area from existing R-30 zoning district to an I-2 zoning district.


Before taking action on the application, the Board of Commissioners must hold a public hearing.  In accordance with Section 200-76 of the Henderson County Zoning Ordinance and State Law, notices of the October 18, 2006, public hearing regarding rezoning application #R-2006-03 were published in the Hendersonville Times-News on September 27, 2006 and October 4, 2006.  The Planning Department sent notices of the hearing via first class mail to the owners of properties adjacent to the Subject Area and the applicants on October 4, 2006.  Planning Staff posted signs advertising the hearing on the Subject Area on October 4, 2006.


Nine citizens signed up to speak including; Earl Newman, Charles R. Mason, Joyce M. Mason, Perry Sanderson, Carolyn Maso, William Erickson, Bill Fitch, Karen Brostowicz, and Lance Siebel.


After lengthy discussion between the applicant’s agent, Jesse D. Johnson and the Board of Commissioners, Mr. Johnson made the request to withdrawn his application.


Chairman Moyer made the motion to accept the withdrawal of application.  All voted in favor and the motion carried.


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


PUBLIC HEARING – Draft Financing Documents to finance the construction of sanitary sewer lines and to refinance an outstanding federal home administration rural development loan

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


Carey McLelland explained that the purpose of this meeting was to hold a public hearing to take public comment on the proposed financing documents to finance the construction of new sanitary sewer lines and to refinance an outstanding Federal Home Administration Rural Development Loan.    


The public hearing was opened so that anyone who wished to be heard on the proposed project and the installment financing documents could be heard.  The Finance Director presented an affidavit of an officer of the Times News showing publication on October 6, 2006 of a Notice of Public Hearing to be attached to this extract as Exhibit A. 


The Finance Director presented drafts of an Installment Financing Contract and related documents to finance the estimated cost of approximately $3,178,000 to construct new sanitary sewer lines and to refinance an outstanding Federal Home Administration Rural Development Loan.  Copies of the financing documents have been on the County’s website and on file in the office of the Finance Director. 


Included with the agenda to the Board was a draft lease agreement between the County and the Cane Creek Water and Sewer District.  Discussion with the Local Government Commission (LDG) determined that the County would need to own these lines and turn around and lease them to the district to be able to do 160A-20 installment contract financing.  The district will make lease payments back to the County to cover the annual debt service and at the end of the term of the loan the lines would be conveyed back to the district. 


LGC has the application in hand and will be taking it up at their November 6, 2006 meeting.


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


EMS Enhancement

Fire Marshal Rocky Hyder addressed the Board.  The Board of Commissioners provided $250,000 for enhancements to Emergency Medical Services in the fiscal year 06-07 budget.  Staff has prepared a proposal to co-locate an EMS station with Edneyville Fire & Rescue, reducing response time in eastern Henderson County subsequently improving service levels county-wide. 


EMS endeavors to respond to emergency calls within 9 minutes of notification.  The American Heart Association recommends advanced life support care delivery within 10 minutes for optimum patient survival rate.  A nine minute response provides time for EMS crews to arrive, access the patient and begin advanced life care within the 10 minute window.  Some EMS programs establish a goal of eight minute response time in order to compensate for dispatch time. 


To identify the geographical area(s) with response times greater than 9 minutes staff plotted 3 months of EMS calls utilizing the GIS system.  The results of this study identified the largest geographical area with response times greater then nine minutes was eastern Henderson County.  Staff reviewed the road system in eastern Henderson County and identified the Edneyville area as the most desirable due to access provided by Highway 64 toward Hendersonville and Bat Cave, Mills Gap Road toward Fletcher and Ridge Road toward Dana. 


The Edneyville Fire & Rescue department and the Edneyville community in general embraced the possibility of locating an EMS station in eastern Henderson County.  The department has agreed to provide bay space and living quarters for the EMS unit to facilitate this effort.  The Edneyville Fire & Rescue Board of Directors is currently developing a Memorandum of Understanding for use of these facilities. 


The overall benefit to Henderson County citizens from the EMS east station will be an improvement in percentage of response times within nine minutes from 73% to 83%.


Due to the generosity of the Edneyville fire department and community the resource requirements to establish another EMS station are a bargain.  The station will require the acquisition of an ambulance which can be done through a 3 year lease with purchase option for approximately $26,000 per year or a straight purchase of $86,000.  Staff recommends the lease program with option to buy ($26k X 3 = $78K + $9K to purchase at end of lease = $87K vs. $86K purchase) in order to free up additional resources for staffing and equipment for this station.  The additional ambulance will require equipment (e.g. cardiac monitors, radios, splints, medic kits, etc.) which normally cost around $25,000.  However staff will check on the availability of a refurbished cardiac monitor which will save approximately $14,000 in equipment cost.  Staffing will be the most challenging aspect of this proposal.  In the past five years there have been more paramedic positions available in NC than successful graduates.  Blue Ridge Community College currently has a paramedic class of 8 persons which is scheduled to graduate in December 06; of those eight persons, three are available for work in this area.  Asheville Buncombe Community College has a paramedic class of 17 persons scheduled to graduate in May of 2007, we are actively recruiting from this class, providing clinical service time with our service.  Recruiting paramedics from other counties is possible however most paramedics that leave a system actually change to a different profession or to a different job in the medical field.  Miscellaneous equipment will be required to furnish the living quarters, telephone system, refrigerator, base radio, etc.


The station will be open January 1, 2007.  Initially we will use the spare ambulance with a peak crew which will man the station 12 hours per day / 7 days per week.  As the additional personnel are recruited and trained, the station will evolve into a 24 hour / 7 day operation by June 07. 


Chairman Moyer noted that the previous Saturday Edneyville fire department had an open house to show off the facility.  The firemen themselves have done a lot of work and the community has raised $25,000 plus toward paying for the facility.  He had met with Jim Bunch, the CEO of Parkridge Hospital, who has been a partner in the last two EMS stations and they have stepped up to the plate once again and are making a minimum of $25,000 contribution toward the ambulance, etc. 


Bill Stepp stated that this had been a long time coming for the Edneyville community.  He appreciates the work Rocky Hyder and Terry Layne have done.  When the community first proposed this last year they received a good response. 


Terry Layne thanked the Board of Commissioners, Edneyville fire department and Parkridge Hospital for their efforts and incentives to get this completed.  The response time for Edneyville fire department at this time runs between 12 – 18 minutes depending if you go to World’s Edge and 24 – 26 minutes if you go to Bat Cave and Gerton.  This new station would, at minimal, cut the response time in half. 


Discussion followed in regards to purchasing an ambulance vs. leasing an ambulance.


Commissioner Baldwin made the motion to accept the proposal as presented.  All voted in favor and the motion carried.


Information on Illegal Immigration

Commissioner Baldwin stated that he had a discussion with the County Manager Steve Wyatt and Assistant County Manager Selena Coffey and they are trying to gather statistics to present to the board.  Commissioner Baldwin’s goal and objective was for the Board to either approve one of the two resolutions presented.  Commissioner Baldwin asked the Board if he could work with the staff to come up with proposals for the next regular meeting in November to try to address the issue. 


Assistant County Manager Selena Coffey discussed the impact of Hispanics, mostly illegal immigrants, on our delivery of Public Health, Social Services, education, law enforcement, recreation, and other services that the County provides.  Unfortunately they have found that there is not a whole lot of information that points directly to illegal immigration.  Some statistics were found on Hispanics.  Further when looking at the information we are basically using conjecture to determine whether these Hispanics are legal or illegal.  Most of the information does not differentiate between the two.  Obviously not all illegal immigrants will be Hispanic.  Research/Grants Coordinator Amy Brantley did most of the research and came up with the best information possible to answer the following questions. Are the immigrants paying into the Government Systems such as income tax systems, property tax or vehicle tax?  What is the impact of illegal immigration/Hispanics on our human service agencies (Social Services & Public Health)?  How many Hispanic kids are in our schools?  What are the impacts of Hispanics on recreation services?   Information in regards to the impact of law enforcement is not retrievable.  Sheriff Rick Davis had informed Ms. Coffey that the state does not allow him to question as to how to code individuals when they come in and out of jail.  There is no way to determine whether a person is Hispanic or not; much less whether they are illegal.  Most assumptions are based on names which is inappropriate. 


Commissioner Baldwin reminded the Board of the two resolutions before them.  The second resolution added the following: 


Whereas, the Henderson County Board of Commissioners calls upon all immigrants in Henderson County to secure and maintain legal status, regardless of ethnicity;


Chairman Moyer expressed that his concern was that there were hundreds of groups that had made substantial contributions to this area.  The Board’s policy has always been that there are no worthy anniversaries, dates, or events that they want to recognize.  He doesn’t agree with the idea of beginning to recognize specific groups for their characteristics. 


Discussion followed in regards to the resolutions and illegal immigration. 


Commissioner Baldwin made the motion to adopt the resolution with the sentence added; Whereas, the Henderson County Board of Commissioners calls upon all immigrants in Henderson County to secure and maintain legal status, regardless of ethnicity.  A vote was taken and failed 1-4 with Chairman Moyer, Commissioner Messer, Commissioner Young, and Commissioner McGrady voting nay.


Commissioner Baldwin made the motion to adopt the resolution with the additional “Whereas” and striking the first 6 “Whereas”.  A vote was taken and passed 4-1 with Chairman Moyer voting nay.


Commissioner Baldwin made the motion for the Board to authorize him to work with staff to explore possible solutions or things that could be done to help in dealing with the language passed with the resolution having immigrants secure or maintain legal status; regardless of ethnicity.  All voted in favor and the motion carried.


Tipping Fee Waiver Policy

Assistant County Manager Selena Coffey stated that at the last meeting, per the Commissioners directions, staff had drafted a Tipping Fee Waiver Policy for their review.  The draft policy was included with their agenda.  This policy essentially allows the County to waive landfill tipping fees for certain affordable housing construction or repair projects. 


Commissioner McGrady made the motion to adopt the Henderson County Tipping Fee Waiver Policy as presented.  All voted in favor and the motion passed.



Land Development Code

Anthony Starr informed the Board that staff continues to work with the Planning Board.  They are wrapping it up with a draft.  Hopefully within the next couple of weeks the Planning Board will be in a position to recommend a draft to the Board for their consideration. 


Historic Courthouse Project

Assistant County Manager Justin Hembree stated that there were representatives at the meeting from construction.


John from Construction Control reported the following:

  • The asbestos and lead paint abatement portion of the project started on August 7, 2006.  By contract, they have 120 days to complete this portion of the work.
  • The interior asbestos has been removed and the clearance air testing finished.  The removal of the asbestos in the Courthouse roof is forecast to start on November 1, 2006.  The abatement of the asbestos in the roof of the Finance Building is being deferred until the spring when heat in that building is no longer needed since the HVAC units will need to be removed to perform this abatement.
  • Removal of the lead paint is in progress.  Sixty (60) percent of the interior paint and fifty (50) percent of the exterior paint has been removed and disposed of.
  • The Building Permit was issued on August 15, 2006.  By contract, the project is to be substantially completed within 480 days (December 7, 2007).  The General Contractor has not issued a Project Schedule as yet.
  • Approximately ninety (90) percent of the structural, electrical, mechanical and plumbing demolition has been completed.  The Annex building on the northwest corner of the Courthouse has been demolished and hauled off. 



County Attorney’s Report

There was nothing further at this time.


County Manager’s Report

Steve Wyatt reported that previously documents were shared with the Board from the school system; resolutions regarding Mills River, Hillandale, and Dana for their consideration. 



Set Meeting for Joint Facilities Committee

Chairman Moyer stated that the school board had asked for a meeting of the Joint Facilities Committee and he had commented that because of the importance of the projects and because there are some fundamental issues at stake he felt that the whole board should meet with the school board and talk about the issues involved.


Chairman Moyer will make contact with the school board and attempt to schedule a special called meeting for Wednesday, November 8, 2006. 


Set Mental Health meeting for MOE Funds

Chairman Moyer made the motion to hold a special meeting of the board on Mental Health – Maintenance of Effort – and other issues related to mental health for Thursday, October 26, 2006 at 7:00 PM.  All voted in favor and the motion carried.


Set Public Hearing on CDBG

Henderson County is eligible to receive funds for a Housing Development program in 2006 through a Community Development Block Grant (CDBG) from the Division of Community Assistance.  Two public hearings are required before the application is submitted.  In keeping with the Citizen Participation Plan, this will be the second public hearing in accordance with CDBG regulations.  The Board is requested to set a public hearing for Monday, November 6, 2006.


The purpose of the Hearing is to give citizens the opportunity to express their views and proposals prior to the submission of the application.  Henderson County will be submitting an application for infrastructure for Habitat for Humanity’s affordable housing Shuey Knolls subdivision in the amount of $234,000.  Details of the application will be available during the public hearing.


Chairman Moyer made the motion to set the second public hearing for CDBG for Monday, November 6, 2006 at 7:00 p.m.  All voted in favor and the motion carried.





Commissioner McGrady made the motion for the Board to go into closed session as allowed pursuant to NCGS 143-318.11 for the following reasons:


1.                (a)(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.

2.                (a)(4) To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body.






Terry Wilson, Deputy Clerk to the Board                 William L. Moyer, Chairman