STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                            OCTOBER 18, 2000


The Henderson County Board of Commissioners met for a regularly scheduled meeting at 9:00 a.m. in the Commissioners= Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.


Those present were:  Chairman Grady Hawkins, Vice-Chair Bill Moyer, Commissioner Renee Kumor, Commissioner Don Ward, Commissioner Marilyn Gordon, County Manager David E. Nicholson, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.


Also present were: Finance Director J. Carey McLelland, Assistant to the County Manager Selena Coffey, Public Information Officer Chris S. Coulson, Assistant County Attorney Jennifer O. Jackson, Planning Director Karen C. Smith, and Fire Marshal/Emergency Management Director Rocky Hyder.



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



David stated that the Staff of Henderson County was deeply saddened by the death of Mona Williams Quinn, Henderson County Human Resource=s Director.  Her death came as a shock to all of us.  Ms. Quinn started out in the clerical pool in Department of Social Services and worked her way up to one of the most responsible jobs in county government.  We all can look at the County=s Administrative Manual, our Personnel Policy and see Mona=s handiwork. She was responsible for many daily activities from initial employee orientations through handling worker=s compensation claims.  She implemented new programs such as Family Medical Leave Act and developed our new Employee Appraisal System and Pay for Performance Program.  She was also responsible for things like our Employee Picnic and our Christmas Luncheon.  She will be missed by all of us who worked with her daily but she will be most missed by our county employees because she was certainly our employees greatest advocate concerning employee issues.  She was always the voice of our employees.  Many employees will never know that.  AOur prayers, our thoughts are with her Husband, her Mother and Father and her Sister and her family during this time.@



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



A member from the Chaplaincy Program at Pardee Hospital gave the invocation.



Chairman Hawkins requested an addition to the Discussion Items as AD@ - Discussion on the T.I.P. (Transportation Improvement Program).


Chairman Hawkins stated that Commissioner Moyer has recently attended a workshop with the Water Authority and asked for an update on that meeting to be added as item AE@ under Discussion Items.


Chairman Hawkins asked that Staff Report AD@ - EMS Proposal be deleted from the agenda.


Commissioner Gordon requested that Facility Planning be added and a workshop be set on that during Important Dates. 


Commissioner Gordon requested a discussion of the Hospital Board appointment process.


It was the consensus of the Board to approve the above changes to the agenda.



Commissioner Ward made the motion to approve the Consent Agenda.  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 report for the Board=s information.  The report is dated through October 13, 2000.


Deputy Tax Collector=s Report

Darlene B. Burgess, Deputy Tax Collector/Paralegal, had provided her report dated October 12.  The purpose of her letter was to communicate the status of delinquent tax collections for years 1980-1998 and to provide a summary of the steps that have been taken to collect unpaid property taxes.


Tax Refunds

A list of nine refund requests had been submitted from the County Assessor=s Office.  It was presented for approval by the Board of Commissioners.


Tax Releases

A list of 205 release requests had been submitted from the County Assessor=s Office.  It was presented for approval by the Board of Commissioners.


Detention Center Project Report

The Detention Center Project Report was provided for the Board=s review for the month of September.


Recognition & Awards:

1.         Proclamation - Henderson County Benefit Toy Run Parade Day

This Proclamation had been presented for the Board to proclaim Saturday, November 18 as AHenderson County Benefit Toy Run Parade Day@.


1.               Employee Recognitions

Staff had provided information on recognitions and/or awards recently received by Henderson County departments or individual employees.


Pam Carver, Land Records Supervisor, earned her CMS Designation.  CMS is the acronym for Cadastrial Mapping Specialist, a professional designation recognized by the International Association of Assessing Officers.   



Notification of Vacancies

The Board was notified of the following vacancies which will appear under Nominations on the next agenda:


2.               Hospital Corporation Board of Directors - 1 vac.

3.               Juvenile Crime Prevention Council - 1 vac.

4.               Work First Planning Committee

5.               Community Child Protection Team - 1 vac.



6.               Nursing/Adult Care Home Community Advisory Committee - 3 vac.

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


7.               Mountain Area Workforce Development Board - 2 vac.

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


8.               Child Fatality Prevention Team - 1 vac.

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


9.               Land-of-Sky Regional Council Advisory Council on Aging - 1 vac.

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


10.            Adjustment, Henderson County Zoning Board - 2 vac.

Chairman Hawkins made the motion to move Anthony Engel from an alternate position up to a regular position to fill Lloyd Kidwell=s position (due to resignation) in the Kanuga area.  All voted in favor and the motion carried.


Commissioner Kumor made the motion to reappoint Debra Stierwalt.  All voted in favor and the motion carried.


11.            Community Child Protection Team - 5 vac.

The following were nominated on 9/20/00: Mary Murray, Dotty Effinger, JoAnne Grimm, Walter Harper, Jane Lindsey, and Thomas Hix.   There was discussion that since we have received a resignation from Karyn Joyner, we have 6 vacancies.  Commissioner Kumor made the motion to adopt the whole slate of six nominees.  All voted in favor and the motion carried.



12.            Downtown Hendersonville, Inc. - 1 vac.

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


13.            Hospital Corporation Board of Directors - 5 vac.

Chairman Hawkins had shared a letter from Pardee with the Commissioners of the people who attended the Hospital Orientation meetings.


There has been an additional resignation, making 6 vacancies. 


Chairman Hawkins asked that the Board take a look at filling the two existing slots due to resignations at this time. He felt that the Hospital Board needed those two positions filled due to the work load.


Commissioner Moyer felt that the six vacancies could be filled at this time.   Commissioner Moyer mentioned the Guidelines for Appointment to the Board of Directors that Ms. Beeker had supplied to each Commissioner. 


Commissioner Moyer stated that the Board is committed to following the guidelines until the Board changes them, by Resolution.  The guidelines call for:

4 undesignated seats

3 business/professionals

1 governmental agency rep.

1 medical professional

1 community health care provider


Much discussion followed.


Chairman Hawkins opened the floor for nominations to fill Dan Waddell=s unexpired term (expires  12/31/01).  Chairman Hawkins nominated Dr. Frank Brown.  Commissioner Gordon nominated Jack Swanson as an undesignated position taking that slot.   There continued to be much discussion about how to fill the vacancies.


Chairman Hawkins stated that there are several options for the Board:

14.            Make general nominations across the Board and vote on them at the next meeting in consideration of the requirements that are listed and at the same time the two unfulfilled terms would have to be designated.

15.            Proceed with filling the two unexpired terms today and look at the next four at the next meeting.

Chairman Hawkins asked the pleasure of the Board, considering that two nominations have been placed on the floor. 


Commissioner Moyer proposed the following slate:




Undesignated slot - Howard Carl, Dr. George Jones, Betty Strickland, and Jack Swanson.

Dr. Jones for renomination and Jack Swanson as a new nominee for a 1 year term (replacing Dan Waddell).         


Business/Professional slot - Jim Maher, Bill Dunn, and Ron Stephens.

Jim Maher for renomination and Ron Stephens as a new nominee for a 2 year term (replacing Dr. Dick Shuffstall).


Government Agencies - We have none now.  He proposed Dr. Bell as a new appointee for a 3 year term.


Medical Professional - Dr. Albers.


Community Health Care Provider - We have none now. He proposed Marcia Caserio as a new appointee for a 3 year term. The above underlined four names would be the new appointees.


Commissioner Gordon stated that if the appointments were going to all be filled today then the Board needed to visit her discussion item that she asked to be an add-on. Her discussion was for the Board to consider how they viewed the Commissioner=s position on the Hospital Board and whether some changes in that position would be appropriate.  As it stands now the Commissioner sits in an unexpiring term and there is the opportunity to add another member of the public if the Board so chooses by moving the Commissioner to a non-voting ex-officio status and putting another undesignated position on the Board.


There was some discussion regarding whether the Commission seat should or should not be a voting member and it was stressed that it was not a personal issue regarding Chairman Hawkins.  It was a procedural issue not at all personal. Commissioner Ward stated that his recollection of why the Commission seat was a voting member was partly for Closed Session purposes.  He asked Ms. Beeker to speak to that issue.


Angela Beeker stated that to add an ex-officio, non-voting member that has the full rights of a Board member, the Board would have to amend the articles of incorporation.  Otherwise the most you could do would be to create a liaison position. As far as going into Closed Session goes, that liaison person could go into Closed Session unless the reason for going into Closed Session was to consult with the Attorney.  If the purpose of going into the Closed Session were to consult with the Attorney then that liaison position couldn=t go in because it would kill the attorney-client privilege.


Commissioner Gordon made the motion to change the membership of the Board of Trustees for the Hospital to provide for ex-officio/non-voting status for one serving member of the Board of Commissioners.  This would provide for eleven voting members from the public at-large. Staff was directed to develop the back-up that would make that possible, with the provision that there be the ability to function in the closed sessions.


Commissioner Ward made the motion to table. 


Commissioner Kumor reminded the Chairman that we already have a list of nominees on the floor from Commissioner Moyer. 


Following counsel from the County Attorney, Commissioner Ward amended his motion to table till the next Commissioners= meeting on the grounds of needing a legal opinion.  A vote was taken which failed two to three with Commissioners Moyer, Kumor and Gordon voting nay. 


Commissioner Gordon restated her motion at this time, moving that the Board change the membership of the Board of Trustees to provide for ex-officio, non-voting status for one member of the Board of Commissioners and provide for eleven voting members with terms of service who are not members of the Board of Commissioners but are elected by them, and that staff be directed  to draft the legal procedure that will be necessary to make that take place and that that procedure include a provision for the Board of Commissioners member to participate in closed session.


Chairman Hawkins added that he felt it was not in the best interest of the County to proceed in that direction.  He thinks that there is ample latitude in the articles of incorporation for the Board to select it=s members.  He thinks it further convolutes the process rather than helping it.


A vote was taken and the motion carried three to two with Commissioners Hawkins and Ward voting nay.


Commissioner Moyer nominated the above slate that he proposed earlier and moved that the Board suspend the rules and appoint: Dr. Jones, Jack Swanson, Jim Maher, Ron Stephens, Dr. Bell and Marcia Caserio with Dr. Jones and Jim Maher being reappointments.  This would leave one vacancy now. Commissioner Moyer stated that Swanson would go in the one year seat (Dan Waddell=s position), Ron Stephens would go in the two year seat (Dr. Shuffstall=s position)  and Dr. Jones, Jim Maher, Dr. Bell and Marcia Caserio would go in the full (3 year) terms as indicated above. 


Chairman Hawkins nominated Helen Bonnett and Frank Brown.


Commissioner Gordon nominated Madeline Daubert.


Commissioner Moyer nominated Gary Jones. 


Following counsel from the County Attorney, a vote was taken on Commissioner Moyer=s motion which carried four to one with Commissioner Hawkins voting nay.  One vacancy remains for the eleventh seat until the Board resolves procedurally how to do it.  Four nominees remain: Helen Bonnett, Frank Brown, Madeline Daubert, and Gary Jones. 


16.            Juvenile Crime Prevention Council - 1 vac.

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





17.            Fire and Rescue Advisory Committee - 7 vac.

There were no nominations at this time.  The Board has not received recommendations from the Fire and Rescue folks as yet.  This item was rolled to the next meeting. 


Number eleven did not get listed on the printed agenda.  Chairman Hawkins made the motion to amend the agenda to include the Henderson County Planning Board=s two vacancies. All voted in favor and the motion carried.


18.            Henderson County Planning Board - 2 vac.

Commissioner Gordon nominated Valerie Wellborn.  She does not have an application on file but Commissioner Gordon has spoken with her and confirmed her willingness to serve.  She is a surveying technician for a company in Asheville but she lives in Henderson County.


Chairman Hawkins nominated Dean Bonessi.


Commissioner Moyer nominated Leon Allison. 


A vote will be taken at the next meeting. 


LIBRARY - Tuxedo School

David Nicholson informed the Board of a request from the Library Board of Trustees concerning the acquisition of Tuxedo School.  The Trustees see the possibility of utilizing the site for both a replacement of the Green River Branch Library and for a permanent location for the annual book sale by the Friends of the Library.  


The School Board has shown interest in moving the alternative school from the Tuxedo property to the back part of the Balfour Property. 


 David Nicholson stated that he has spoken to Dr. Burnham about this on a couple of occasions prior to receiving the request from the Library Board.


Art Harrington, a representative of the Library System, was present to answer any questions.  Mr. Harrington stated that there were reasons for favorable consideration:


19.            A long overdue home for the book sale.

20.            A permanent building for the Green River Branch Library.

21.            The location of the Branch Library and the Friends of the Library would be

an economic boost to the community and would be a good plus to the Green

River/Tuxedo community.


Commissioner Moyer asked Mr. Harrington to explain how the Friends of the Library Book Sale benefits the community and the library.  Every year the library staff makes a wish list, over and above the things which are provided by normal funding and budgeting.  One big item on the wish list are things for the children.  Our children=s activities are very popular.  A grand piano for the Kaplan Auditorium is another item on the wish list.  These are things that the Friends of the Library supply.  In actuality, of the $76,000, some $50,000 to $60,000 can be applied to the wish list that Mr. Synder and the library have.  The remainder will be put aside for future housing for the book sale.  There has been remarkable growth in the book sale over the last 10 years but they move from location to location. 


Commissioner Moyer stated that the AFriends@ fund a lot of items that the County would otherwise have to fund, saving the County considerable money.


It was the consensus of the Board to send a letter to the Board of Education expressing interest in the Tuxedo property and reminding them that educational purposes would include use for a library.  Chairman Hawkins stated that he also would be happy to carry that message to the next Consolidated Workshop with the Board of Education.


PUBLIC HEALTH NURSE II - School Nurse Position

The Department of Health had received a request from the Board of Education for a School Nurse.  The Board of Education will pay the full cost of the position. 


Barbara Stanley, Public Health Nurse Director I, informed the Board that it would be a 10 month position.  There is room in the Health Dept. for the office space, along with the other three school nurses.  It will reduce the caseload of the other three nurses to a little more manageable.  The nurses currently have almost 4,000 students each that they are responsible for.  The number of students with special needs, significant medical conditions, etc. has greatly increased in the last few years.  The national recommendation for caseload size is one nurse to 750 students.  The average statewide is about 2,500 students per nurse and in this county it is at almost 4,000 students per nurse. 


Commissioner Gordon made the motion to approve this position.  All voted in favor and the motion carried.  



1. Ken Gaylord  - Mr. Gaylord, an Architect and Urban Planner and a member of the Citizens for Transportation Planning, discussed the TIP (Transportation Improvement Program) recommendations from the TAC (Transportation Advisory Committee).  He spoke in opposition to the list of recommendations, stating it was created without any public input. 


Chairman Hawkins - Comment

Chairman Hawkins stated that he sent a letter yesterday asking the TAC to have some public input at their next meeting on October 26.  Chairman Hawkins will also present the recommendations and the public input to the LGCCA at that next meeting scheduled for October 31, and take that information back to their respective local governments prior to the NC DOT meeting scheduled for November 15. 


Vice-Chairman Moyer - Comment

Commissioner Moyer stated that the same people that are constantly critical of the county for not taking a leadership role and doing any planning are the same ones that are always ready to criticize and attack any attempt to plan and he thinks that is very unfortunate.

Chairman Hawkins called a brief recess.



Spence Campbell, President of the Board of Directors of  the Children and Family Resource Center, addressed the Board with a progress report on Henderson County=s Strategic Plan for Children. This plan is being developed through a public/private partnership between the Children and Family Resource Center and the Juvenile Crime Prevention Council (JCPC).  The Center accepted responsibility to lead the development of this plan because it is an opportunity to help create a tool which will help the Board of Commissioners and others to make decisions about children=s issues and the assets our community needs to address those issues.


Spence Campbell - AToday I want to focus on one aspect of the plan - the risk factors which our children face.  And I=ll also describe the phases of the plan, where we are today and how we intend to proceed upon completion and of course I=m interested in your comments and feedback.


Over the past decade State Government and Henderson County, through various departments, have explored and re-explored children=s issues.  Currently the state requires the Smart Start Board, the JCPC, the Child Fatality Task Force and the Community Child Protection Team to report on various aspects of children=s services.  In addition to those agencies, data are collected on children by the public school system, DSS, the Health Dept., Trend Mental Health, and various local and state criminal justice agencies.  Each committee and agency is required to study children=s needs and the specific area of service or protection.  The information is returned to the state for various reports or evaluations of agency services.  In addition there are many private agencies such as our center and it=s pure non-profits such as the Alliance for Human Services, which also generate data based on their own operations and yet despite the volumes of available data there is no local centralized site where the information is accumulated and evaluated to develop a comprehensive prospective on the needs of our children.  Is it any wonder that it is difficult as you have recognized to serve the needs of children in Henderson County without a firm understanding of their most critical needs?  However, even without the big picture it is obvious to those who are involved in children=s services that the needs are so large as to require a coordinated community wide effort to address them.  With that in mind we began work on the strategic plan for children in the fall of last year.  It is expected that the plan will be completed by next spring.  It is a research based plan which covers all children from birth through age 17. The planning process itself has four phases:

1.         to access the needs for services through an extensive data collection and analysis effort

1.               to access existing services in the county

2.               to identify gaps in services

3.               to make recommendations for future funding

The first two phases are close to completion.  Juvenile crime prevention will be an important part of that plan.  That is what the state mandates the JCP concern itself with and that is why we use the ACommunities That Care@ model to guide plan development.  But we have broadened the scope of the plan to include other aspects of children=s needs including health, based on your guidance. The ACommunities That Care@ model was introduced by the State Office of Juvenile Justice throughout the state to be used by county JCPC=s as the process to access risk factors and programs for children.  The center JCPC team modified the process to be more inclusive of all children.  The planning process began in the fall of last year as team members attended training and began collecting data from identified sources.  In May of this year the center invited 350 community professionals, business leaders, and volunteers to an introductory meeting on the ACommunities That Care@ process and the strategic plan timeline.  Fifty community professionals joined us to listen to an explanation of the process and volunteers were solicited to evaluate data to prepare for an August meeting which was community wide.  Thirty-six people, volunteers, worked through June and July evaluating data under various reports of the process or various aspects of the process; individual, family, peer group, and community.  Timely data on health issues was also collected and integrated into the process as I indicated.  At the conclusion of the August meeting, five risk factors as defined by the modified process were identified by the participants.  They include:

1.               Children=s behavioral problems are on the increase. Data covered constitutional factors:

1.               retention rates

b.         school attendance

 c.        school suspensions

 d.        juvenile arrest

 e.        acts of aggression

 f.         and similar acts that require prevention and intervention programs and strategies

1.             Family problems.  This included family violence data on low income families with interventions such as parenting programs, affordable developmental preschool child care, before and after school care, domestic violence prevention, financial assistance, affordable housing, transportation, and the like.

2.             Parent and adolescent substance abuse, particularly alcohol abuse.  Data presented evidence of increases in hospitalizations as well as traffic and other arrests due to school or drug abuse, I=m sorry due to alcohol or drug abuse.

3.             In the area of health related factors we identified teen-age pregnancies as of particular significance.  This is an outcome for certain risk factors and plays into the risk factors for children who are products of teen pregnancies.  The data reflects an increase in teen pregnancies in Henderson County as well as a rate that is much higher than the national rate.

4.             Finally, physical fitness and health.  This data covers an increase in obesity among children and adolescents, an increase in smoking and the use of tobacco products, a decrease in physical activity, poor oral health, and inadequate insurance coverage.


The five risk factors I just mentioned were prioritized at the August meeting based on the information package prepared for that meeting.  And in addition, the center continues to get more data related to these issues.  These data are currently being reviewed and analyzed and interpreted and added to the center=s computerized data base.  We are also in the process of identifying factors from several sources that have had a positive affect on children=s development. 


Phase two of this process, the resource assessment phase, is moving forward with the help of volunteers who have been trained to interview service providers.  The center team is surveying service providers to gain an understanding of the level of service provided, to explore inter-relationships between these agencies, to determine service demand, and to verify data related to their services.  The first group of service providers was interviewed on September 27 and the assessment of the results is on-going.  As I said, phase I and phase II are near completion.  Work will begin on phase III to identify gaps in services as the analysis of phase II is completed.  Phase IV will complete the process, making recommendations for funding programs and services that emerge from the entire planning process. 


A computer has been purchased for the center that will house the strategic planning data and plans are to continually up-date that database.  The data are being indexed so that JCPC needs can be extracted and the broader needs of the overall strategic plan can also be met.  We are exploring making the center data available on the website to be available to the entire community. 


Earlier I mentioned the importance to the center of a community vision for our children.  We also believe it important that the vision for children that is developed through this process be included in the overall vision being developed at present by ADesigning Our Future@ organization.  That is why we have executed a memorandum of understanding with them which supports the integration of our efforts through direct cooperation.  While we as a community do well in some areas when it comes to children, we have not yet found a way to deal with other equally important issues. Too often we look to government for the solution to all aspects of the problem when in fact it is the collective responsibility of everyone in the community to contribute to its resolution.  Your sponsorship of this public/private iniative seems to us to be the only way to successfully fulfill the obligation our community has to all of its children. Although I=ve focused on risks and the JCPC, the real issue is how to build a consensus within our community on what we want our children to do to reach their potential and then provide them the tools to do it with.  I believe that the key to all of this is the willingness of adults to commit themselves to improving the lives of all of our children.  I look forward to reporting to you on the completion of this strategic plan for children next spring.  Thank you very much and I=d be happy to take any of your questions.@


Commissioner Moyer - A ... The area of concern which I think has been added recently that I have and it gets to our next subject on our agenda, deals with the visioning process.  I think we=re clear on the four phases but I have concerns when you start talking about the memorandum of understanding with the visioning process and what that does.  >Cause I think the task, as I understand the task from the Commissioners was as you outlined it, to identify the gaps, come back with funding recommendations, and that would be the end of the charge to the committee.  And I=m not sure what this memorandum of understanding is intended to do.@


Spence Campbell - AWell, from our prospective, one of the things it=s intended to do is share information on a much more formal basis than just asking each other questions about similar concerns in the areas of children=s issues.  So, we believed it was appropriate for us to formalize the relationship between the two organizations.  In essence though the center believes that this plan will help to develop a vision for children just as a normal outcome of the strategic planning process.  Once we know what the priority needs are in the community, I believe we can then decide how to proceed  to resolve those issues and I think we can bring the community together over the resolution of those issues in an appropriate manner.@


Commissioner Moyer - AAnd I=m assuming once you make your report available to the Commissioners, it would be available to everybody else and they could take the information and use it as they see fit just like anybody else.  I=m still grappling with this memorandum of understanding and what the intent of that is.  I don=t.@

Commissioner Kumor - AI think that there are three different entities here and you may not see them as three separate entities.  There=s the ADesigning Our Future@ group, there=s the Children and Family Resource Center and Spence is the Chairman of that board, and then there=s a product that=s called the Strategic Plan for Children.  The product that the Children and Family Resource Center is delivering to the Commissioners and to the community is the Strategic Plan for Children.  What Spence is also, I believe, talking about is once that product is delivered to the Commissioners the Children and Family Resource Center has their own goals as a private non-profit that deal with the issues of advocacy and deal with cooperating with the ADesigning Our Future@ group with regard to how they deal with some of the answers that come out in the strategic plan.@


Commissioner Moyer - ASo that=s separate from the charge they got from the Commission.  That=s a different@


Commissioner Kumor - ARight, but I think what Spence is telling us is that the Children and Family Resource Center will deliver their product but in addition to that they plan to work with the response there in an advocacy role beyond the delivery of the product.  They plan on continuing on in a child advocacy role and I think the reason for getting into an agreement with the ADesigning Our Future@  organization was to make sure that no one in the community thought that there was any kind of redundant data collection and redundant interviewing and we=re trying to make sure that each of those entities wants to get information from all segments of the community and it seemed appropriate to serve the community better by consolidating some of our efforts and sharing information instead of coming at people from six different directions.@


Commissioner Gordon - AMaybe when we get into the report on ADesigning Our Future@, they can address that a little bit because I guess my understanding is that ADesigning Our Future@ isn=t really collecting data at this point, as far as specific information.  They=re getting input from the community which is a little different information.@


Commissioner Kumor - AThey=re getting input but we have a body of data that we have been collecting now for many months that we=re making sure they know they have access to because what you all very rightly see is that you can have a feeling and you can have somebody speak very passionately about an issue but you look at what do the numbers really tell you and that=s the strength that we feel you=re going to be getting from the Strategic Plan for Children and that=s the strength we=d like to share with ADesigning Our Future@ so that when the issues are there and the passion is there, you can cut through some of that and find what=s reality about an issue.@


Chairman Hawkins - ASpence, is there a part of your plan that deals with parental involvement in these strategic plans for children?@


Spence Campbell - AAbsolutely, as I mentioned one of the priorities we=ve developed already addressed the needs of families and in fact it=s a high priority for the center because we believe that families are the essence of the solution to this problem and in dealing with what makes a family dysfunctional becomes a very important issue for us.  Obviously substance abuse is one of those things that can destroy a family and render the parents incapable of raising the children of the community in a way that we think is appropriate so the plan will identify various ways to address that dysfunctionality including substance abuse, by the time its finished.  That=s actually one of the top priorities for us is to deal with that issue.@


Commissioner Ward - A... What Mr. Campbell has said to us today is almost the exact same thing that the presidential debate last night was talking about so you know it=s on a local level but it=s also on a national level also.  Maybe we=re on the same page and get some funding in the future for this.@



Abandonment of a Portion of Fanning Fields Road (SR #1354)

The County had received a petition asking that the County request NC DOT to abandon and remove from the State maintenance system a portion of State Road #1354, Fanning Fields Road.


Josh Freeman, Planner from the Henderson County Planning Department, informed the Board that

NCGS 136-63 sets out the procedure by which a road may be abandoned.  This statute requires that before NC DOT abandons a road in the manner requested, the Board of Commissioners must take action to request that the road be abandoned.  Such Board action must be based upon a finding that Athe best interest of the people of the County will be served thereby.@  At the October 2 meeting, the Board scheduled this public input session to receive public comments on the proposed abandonment of a portion of State Road #1354.  The Board also requested that Staff obtain comments from emergency officials regarding the proposed abandonment.


Staff sent letters informing the petitioners and property owners along State Road #1354 of the public input session and notice of such session was scheduled to be published in the Times-News on October 11.  Staff also contacted the Sheriff, Fire Marshal, EMS Director, Henderson County Board of Education, and the Greater Hendersonville Chamber of Commerce about this matter and encouraged them to submit comments prior to the input session. 


If the Board finds that the best interest of the Citizens of Henderson County will be served by the abandonment, appropriate action could be taken by the Board by the adoption of the draft resolution which requests that the North Carolina Department of Transportation abandon the subject portion of State Road #1354, Fanning Fields Road.


Impact Study

The Impact Study addressed the request received from Narcisse Cadgene and Marie Jeanne Elizabeth Cadgene, owners of property along State Road #1354, Fanning Fields Road (hereafter, SR #1354),  on September 29, 2000 asking that the Henderson County Board of Commissioners request the abandonment of a portion of SR #1354.  The abandonment request was submitted pursuant to NCGS 136-63, which regulates the change or abandonment of State Roads.  According to NCGS 136-63, the Board of Commissioners may, on its own motion or on petition of citizens, request the NC DOT to change or abandon any road in the secondary system when it is in the best interest of the people of the county.  The NC Board of Transportation, which will make the final decision in this matter, is not required to hold any public hearings, post notices, nor mail notices to residents of the road in question.


The study also addressed the characteristics of the vicinity as well as issues related to the abandonment. It reviewed the traffic count on the road in question. 


Conclusions of the study:

Two primary issues should be given substantial consideration before the Board of Commissioners makes its final recommendations regarding the subject Petition for Abandonment:


1.               The temporary elimination of a travel corridor for emergency services and other

traffic, between NC #280 and Old Fanning Bridge Road or NC #191.

1.               The safety concerns associated with the routing of SR #1354 traffic onto

Broadpointe Drive, which traverses an area with frequent industrial traffic.


Staff suggested in light of the above listed issues, that if the Board of Commissioners finds that the proposed abandonment serves the best interests of the people of Henderson County, that the Board also request that the NC DOT ensure that the whole of Broadpointe Drive to its connection with SR #1354 is completed and under NC DOT maintenance prior to the abandonment of the subject portion of SR #1354.  Staff also suggested that the Board of Commissioners ask NC DOT to ensure the safety of traffic along Broadpointe Drive.


Public Input

1. Scott Hamilton - Mr. Hamilton, Greater Hendersonville Chamber of Commerce, spoke in favor of the abandonment stating that it will open up an opportunity for some additional industrial property in Broadpointe Industrial Park.  It will also provide a direct access and better access to some existing industrial property of approximately 100 acres at the back of Broadpointe Industrial Park. By closing this road and essentially relocating it through Braodpointe Drive, we=re going to open up approximately 10-15 additional acres of Broadpointe Industrial Park for potential industrial use there.


2. Ronald Lance - Mr. Lance is a life long  resident of Fanning Fields Road. He spoke on behalf of members of his family, about six members, stating there would probably be four votes for and two against the abandonment.     


3. Greg Hutchins - Mr. Hutchins is the attorney for the petitioners. His clients have an interest in quality commercial or industrial development.  They have a desire to continue to develop that property.  This proposed road closure would assist those efforts to sell the back part of their property (behind Broadpointe development).

A sample resolution had been provided for the Board=s consideration.


Commissioner Moyer made the motion to approve the abandonment request with the stipulation that it not be closed until completion of Broadpointe so that the two roads could be connected.  All voted in favor and the motion carried.



Tom Tempia, the Executive Director of Designing Our Future, updated the Board on the community visioning project.  Last night they held their ninth listening session, held at the Etowah/Horse Shoe Fire Department.  They had 42 people in attendance, bringing the grand total so far for the listening sessions to just under 275 people. 


He distributed a packet of information, a background of what=s involved with Designing Our Future, what they=ve accomplished so far and where they are heading in the near future. 


The Mission Statement for Designing Our Future:


Designing Our Future provides a process to involve all segments of the community in identifying shared values, a vision for the future and an ongoing plan to achieve that vision.  To realize this mission, Designing Our Future will:


1.               Identify the shared values of citizens and use them to plan for the future of the community.

2.               Identify all of the issues and trends impacting the future of the community.

3.               Develop a vision to guide both short and long-term decisions and initiatives.

4.               Improve the communications and cooperation between citizens, governments, non-profits and businesses.

5.               Put into action a continuously updated plan to achieve the community vision.


Mr. Tempia stated that the second phase will begin February 1st.  In January they will issue a report summarizing everything they have learned in the listening sessions and beginning February 1, will begin focus groups where they will take what came out of the listening sessions, group them by specific topic, and will have small group sessions that will deal with the issues and draw out the most important items.  They will then open it up for voting to establish priorities and will come back with a completed vision and plans, a vision statement and action plan around the first of July.


John Shiery explained that no conclusions are being drawn at this point.  The listening sessions are not finished.  They are only acting as a vessel to try to go out and get as much input as they can. Mr. Shiery stated that they have approximately 140 volunteers helping with this process and continue to increase that number. 



Rochelle Miller with Apple Country Transportation updated the Board on their Medical Transportation Program.


Rochelle explained that last year represented the first year of providing demand response type of service on a full blown scale for medical transportation.  Their objective is to provide medical transportation to Henderson County residents who are most in need of service to promote independence and wellness.


Rochelle stated that due to the many factors that were involved in providing the service, they soon found that the demand for the service far exceeded the available funding they had.  They were unable to successfully secure funding to continue the service for the remainder two months of the last fiscal year.  At that time the decision was made to cut service for medical transportation only.  The County provided stop-gap funding to continue medical transportation for the remainder of the two months and also provided an additional $30,000 to provide medical transportation this fiscal year. 


Since that time they have set criteria guidelines that provide accessible service to those most in need. There is an exceptionally high need for non-emergency medical transportation in Henderson County due to the County=s large elderly and disabled population.


Their objective with medical transportation is to provide medical transportation to Henderson County residents who are most in need of services to promote independence and wellness, based on income and/or medical necessity.


Every needs assessment conducted within the last ten years has shown the need for additional public transportation and transportation alternatives in Henderson County, the most recent being the 1999 Alliance for Human Services Needs Assessment which listed transportation as a top urgent quality of life problem.


Demographics show that Henderson County is sited among the top five counties of North Carolina for the growth of elderly residents with a 24.5% increase in population for ages 65-84 in the last ten years and a 69.2% increase in the age group 85+. 


Apple Country Transportation provides a valuable service to the community by helping senior citizens and disabled individuals maintain their independence by offering them transportation to the grocery store and to medical appointments.  Support of services such as transportation are cost effective versus nursing home facilities with an average medicaid reimbursement of $3,500 per month for a licensed nursing home.  It also reduces the burden on family members to provide transportation and reduces the amount of time that somebody has to be out sick.  The crash rate is the highest among senior citizens; motor vehicle accidents have high impact costs to the community because they use a significant amount of resources including EMS, Police, and emergency rooms.


Additionally, emergency medical transportation usage is reduced when alternative sources of transportation are available in the community for residents.  It also maintains independence of the elderly and disabled by keeping them out of institutionalized care which is shown to be extremely expensive. It provides access to medical services for the low-income population.


During fiscal year 1999-2000 they provided over 2,900 round trips to medical appointments.  They have no formal marketing or advertising being done.  They have also coordinated over 1,500 round trips with FISH of Henderson County, which is a volunteer organization that provides non-emergency medical transportation to county residents.


Funding and restrictions are as follows:


EDTAP - restricted to disabled for medical transportation                $19,107,  415  round trip


HCCBG - restricted to individuals 60+, individuals at                       $32,000,  695 round trip

150% of poverty, and individuals unable to perform a

minimum of instrumental activities of daily living.


FISH of Henderson County -                                                               $5,000,  108 round trip

restrictions to be determined


Henderson County -                                                                             $30,000,  652 round trip

Will be used to supplement medical transportation funds


Total                                                                                                    $86,107,  1,870 round tript


The above medical transportation programs have a sliding fee or

participate in cost sharing.


The Older Americans Act did not establish Title III funding as an entitlement program for individuals over 60. It was established to serve individuals most in need of services and is to be used in conjunction with criteria and outreach.  The responsibility of establishing criteria and outreach rests with the local grant recipient which is WCCA.


The criteria will be as follows during FY 2000-2001:


Restricted to those individuals 60 years of age and older who are 150% of poverty and who are at high risk and/or unable to perform instrumental activities of daily living.  Individuals meeting the established criteria will participate in cost sharing. No person will be denied transportation because of their inability to pay under HCCBG program funding.


Recipients served last year under Title III Programming:


48.4% were economically needy or 150% of poverty.  That number will increase significantly during this year the way the program is being set up.  72.8% are at high risk with at least three impairments (unable to perform self care). 72.3% of clients are 75 or older.  These high percentages show that during fiscal year 1999-2000 they were reaching the most needy population in the county.


Rochelle presented the FY 2000-2001 Operations Plan:


They will provide non-wheelchair and wheelchair medicaid transportation through the Department of Social Services.  That provides them with the opportunity to further coordinate all medical trips  here in the county and with existing routes.  They have a number of routes already in the county and are letting people know that they will be in their area on certain days of the week.  They are working to expand their volunteer network of drivers to provide medical transportation and other forms of needed transportation here in the county.  They are and have been limiting the number and destination of out-of-county medical trips so that only those specialists who are not available in this county are accessible to our clients.  They will develop a waiting list when demand exceeds available slots for transportation, specifically for medical transportation and they have developed a sliding fee scale for Medical Transportation which includes only those medical transportation trips which are non-medicaid and non-Title III recipients. They will provide extensive outreach to the most needy population in our community and have established eligibility criteria for prioritizing which individuals receive medical transportation. 


Due to the establishment of additional restrictions on HCCBG funding, the development of a sliding fee scale on all other sources of Medical Transportation (excluding Medicaid) and the provision of $30,000 from the county for Medical Transportation, Rochelle did not feel that additional funding is needed at this time.


Following some discussion, Chairman Hawkins made the motion to direct the County Manager to release the $30,000 that the county set aside for this program and requests that Ms. Miller provide the Finance Department with a report on the funding so that the Finance Dept. can keep track of the funds throughout the year.  All voted in favor and the motion carried. 



Chairman Hawkins reminded the Board that they had a presentation on the TIP at their last meeting. Chairman Hawkins has since sent a letter to the municipalities suggesting that the Transportation Advisory Committee (TAC) accept public input at their meeting on October 26. Then the LGCCA will look at the results and try to come to a consensus.  All this needs to take place prior to the November 15, NCDOT meeting.  All governmental bodies in the county need to present a unified voice on the recommended TIP.


Commissioner Moyer was in agreement with the schedule the Chairman just laid out.  He felt it was a good idea for the Commissioners to wait to take a position until they get the public input.  He=ll report back to the Board after the public input session.


WATER AUTHORITY - meeting update

Commissioner Moyer recently attended a meeting of the full Water Authority Board yesterday.  One of the items discussed was the regional water agreement and the obligations to Henderson County under that agreement.  The Authority has set up a committee (which Mr. Moyer is on) that is to study the Regional Water Agreement, analyze, list and digest the agreements/understandings in that agreement as they relate to Henderson County, what the Authority is suppose to do under that agreement, any questions as to interpretation, etc. and get back to the Authority Board very specifically with how the Board should proceed to implement the agreement in all aspects. 


Commissioner Moyer will present a progress report at an appropriate time.



Chairman Hawkins asked the Board to consider setting a workshop for this item when they get to important dates rather than going into the subject at this time.



Chairman Hawkins stated that this had pretty much been covered. 


Articles of Incorporation - if the Board is going to go back and look at those, he wants some other areas visited at the same time such as restrictions on how some of the funds in the hospital are able to be invested.  He stated that we may also want to look at the length of the lease agreement if that becomes involved in the financing package and maybe some other things.



The Board was asked to look at a date for setting a workshop on subdivision amendments.  It was set for November 7 at 3:00 p.m., here.


The Board set a workshop on Facilities and T.I.P. for October 30 at 2:00 p.m., here.


Following discussion, Commissioner Kumor made the motion to set a Public Hearing on Economic Development Incentives for Jitco, Inc. for November 6 at 7:00 p.m., here.   All voted in favor and the motion carried.



Commissioner Kumor made the motion that the Board 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, which privilege is hereby acknowledged.  To consult with an attorney

employed or retained by the public body in order to consider and give instructions to the attorney with respect to the following action:


Holmes v. Henderson County (Henderson Co. File No. 99-CVS-829)


She noted that although the Board advertised two reasons for going into Closed Session, they will not be considering the second issue (a)(3). All voted in favor and the motion carried.


Commissioner Ward made the motion for the Board to go out of Closed Session.  All voted in favor and the motion carried.


There being no further business, the meeting was adjourned.






Elizabeth W. Corn, Clerk to the Board                       


Grady Hawkins, Chairman