STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                APRIL 18, 2001


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 Bill Moyer, Vice-Chair Marilyn Gordon, Commissioner Grady Hawkins, Commissioner Don Ward, Commissioner Charlie Messer, County Manager David E. Nicholson, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.


Also present were: Public Information Officer Chris S. Coulson, Assistant County Attorney Jennifer O. Jackson, Planning Director Karen C. Smith, Finance Director J. Carey McLelland, Assistant to the County Manager Selena Coffey and Volunteer Coordinator Amy Brantley.



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



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



Rev. Gus Martschink, from the Pardee Hospital Chaplaincy Program, gave the invocation.



Chairman Moyer added an item AE@ under discussion items - House Bill # 514.


He also added a second Closed Session item pursuant to NCGS 143-318.11 (a)(3) 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: Henderson County and Cane Creek Water and Sewer District vs. Asheville-Buncombe-Henderson Water Authority; Buncombe County; and City of Asheville   01 CVS 344.


Chairman Moyer added two items under the Consent Agenda:

Resolution - County Government Week - item AL@

Resolution - Disability Awareness Day - item AM@


Commissioner Hawkins added a letter from the Board of Education, dated April 13, reference concurrence from the Board of Commissioners for property acquisition on Valley Street adjacent to Hendersonville Middle School.  This was added as AN@ under Consent Agenda.


Chairman Moyer also added a report from the Community Advisory Committee by Chairman Jack Reed. 


Commissioner Hawkins mentioned two discussion items: AA@ - Nursing Home Grant and AD@ - Trolley Demonstration Project.  He stated that he felt both of those items were budget items.  He made the motion to move those to budget deliberations.    Following discussion on the item, Commissioner Hawkins called the question on the motion.  A vote was taken and the motion failed three to two with Commissioners Hawkins and Messer voting aye.  These two items will stay on the agenda.


Chairman Moyer made the motion to adopt the revised agenda.  All voted in favor and the motion carried.  Chairman Moyer stated that the order of the agenda will be revised due to a number of people in the audience that the Board doesn=t want to keep waiting for a long time. 


Commissioner Ward asked for an update on the three meetings that have been held out in the community on AOpen Use Zoning@.  Chairman Moyer also asked for an update on the joint meeting with Fletcher Town Council and the LGCCA meeting.


Asheville Regional Housing Consortium

Chairman Moyer updated everyone regarding the applications the Board had received for money for the Asheville Regional Housing Consortium Board.  Selena Coffey presented that item originally to the Board.  The Board wrestled with it at the time.  They were in favor of the projects but their planning allocation was roughly $160,000 and they ended up allocating money for the Housing Assistance Corporation project at Hillside Commons and also Habitat.  The Board recommended using Henderson County=s full allocation to get as much money in this area as possible.  Through Ms. Coffey=s efforts, Henderson County got $182,000 for the projects which was $132,000 for the Hillside Commons project and $50,000 for the Habitat.  This was over $20,000 more than our normal planning allocation.  Selena Coffey deserves a lot of credit for helping to bring that about.


Community Advisory Committee - Annual Report

Mr. Reed distributed a 1.5 page typed report and reviewed it with the Board. 


The critical shortage of qualified workers in long term care facilities continues to be a major concern.  The committee has no easy answers to this dilemma.


He explained that a group of administrators, supervisors and employees of long term care facilities has formed an organization called APartners in Quality Care@ to address this critical situation as well as to seek out common endeavors in other areas for the improvement in caring for the residents entrusted to their care.  Another goal is to improve retention of employees in long term care.  Turnover at times is in the range of 150%.


A1.        The committee members visited all facilities in excess of the minimum state requirements.

2.               There were only a few resignations from the committee this year, much improved over the 11 resignations in 1999.

3.               A team of committee members have maintained an information table at the Blue Ridge Pardee Health Center providing assistance and guidance to individuals and families seeking help as regards to long term care.

4.               Our source of undeliverable magazines and papers has been drastically reduced due to improved delivery of these materials by the post office.

5.               Our veterinarian donor, T. J. Lafeber DVM, who donated over 200 birds (cockatiels/parakeets/canaries) and cages, plus food, died after a difficult and painful battle with cancer.  The ability to continue this program is in question at this time.  Many residents have been sustained by the introduction of these AFeathered Friends@ into their lives.

6.               We have placed three computers that were donated in facilities after they were refurbished and upgraded by a volunteer.

7.               The committee rapport with the facility staff and administration has enabled us to correct or assist in the correction of care needed by a resident in most cases, without the need for outside intervention.@



Chairman Moyer stated that there were several items worthy of special comment as follows:


AC@ Operational Review - Public Health Department

David Nicholson discussed this and made a proposal at the last meeting.  There were several comments made at that time.  Commissioner Gordon updated the Board, stating that at the last Commission meeting Mr. Nicholson proposed an operational review by the architectural firm we have contracted with for design of the Human Services Building in looking at the Health Department=s operations and how the building could be designed to better accommodate those functions.  Commissioner Gordon and Mr. Nicholson took this proposal to the Board of Health the following night.  Mr. Nicholson gave a thorough presentation of what was proposed.  Commissioner Gordon stated that there was unanimous support from the Board of Health in going ahead with this study. 


AJ@ Resolution proclaiming April 21-28 as Community Development Week.  Chairman Moyer read the resolution in it=s entirety.


AK@ Resolution - Strive Not To Drive

Chairman Moyer read excerpts from this resolution.


AL@ County Government Week Proclamation

David Nicholson reminded everyone that the Board had been requested to proclaim April 22 - 28 as County Government Week.  He also reviewed the list of events that are scheduled for the week:


Monday - Making E-Government Work for You!

What services would you like to see Henderson County provide to you - on line?  Click on Henderson County=s website (www.hendersoncountync.org), and then click the link into our E-County Government Week to give us your thoughts.  We=ll factor this input into our E-Government plan. 


Tuesday - Animal Adoption on HCTV - 11 and Web

or promote Health Department website and mention upcoming animal adoptions on web and HCTV-11 (Beginning today, folks interested in adopting a dog or cat from the Henderson County Animal Shelter can check them out on HCTV-11 - The Government Channel and through the County website=s link to the Health Department.  Photos and short descriptions of some of the pets desperately needing a home will be highlighted.)


Beginning today, folks interested in adopting a dog or cat from the Henderson County Animal Shelter can check them out on HCTV -11 - The Government Channel and through the County website=s link to the Health Department.  Photos and short descriptions of some of the pets desperately needing a home will be highlighted.


Wednesday - American Red Cross Blood Drive 10:00 - 3:00

Help us help others.  Sign up to give blood.  If you have O or B, positive or negative, blood, you are especially needed.  Call 693-5605 to set up an appointment and give the gift of life.


Thursday - AHow Does Your Garden Grow?@   8:30 - 5:00

Ready to start your summer vegetable garden?  Do you have the right kind of soil?  Are you sure you can grow the kind of vegetables you=d like?  Do you know how to nurture those tender plants once they=re in the ground?  The Soil & Water Conservation District and the North Carolina Cooperative Extension Service want to make sure you=re successful this year.  Stop by either of their offices for a kit which includes a soil testing kit, growing instructions, and a few vegetable seeds to get you started.  Soil & Water is located at 999 High Country Lane (phone 693-1629) and Cooperative Extension is located at 740 Glover Street in Jackson Park (phone 697-4891).


Saturday - Sheriff=s Office I-9 Demonstration

Come watch an amazing demonstration of intelligence, strength, and agility as the Sheriff=s Office K-9's are put through their paces on the lawn of the Historic Courthouse on Main Street.  Deputies showcase the talents of their dogs, and answer questions.  It=s sure to be exciting and informative.




County government traces it=s roots to the English shire of a thousand years ago, serving as the citizen=s local government voice since its inception.


When the federal government was formed, the framers of the Constitution chose to provide states with the freedom to create county governments.  Early state constitutions conceptualized the importance of county government and its dual value to both the state and federal governments.


Changes in structure and greater autonomy from the states, rising revenues, and stronger political accountability have ushered in a new era for county governments as they begin the  21st century.


Technology plays a huge role in our lives today, bringing about changes in nearly everything that we do.  Counties are using technology to improve the delivery of services and communication to citizens.


In the past, county governments seized opportunities and met challenges that confronted them.  Today, county governments continue to be the citizen=s local government voice and are the governments of the future, providing solutions that bring communities together.


In recognition of the leadership, innovation, and valuable service provided by our nation=s counties:


Now, therefore, be it resolved by the Henderson County Board of Commissioners (Henderson County, North Carolina) Hereby proclaims April 22 - 28, 2001 County Government Week.


AM@ Proclamation - Disability Awareness Day

Chairman Moyer read excerpts from the following proclamation:




Whereas,        The Henderson County Mayor=s Committee for Persons with Disabilities endeavors to promote public awareness to the needs of persons with disabilities; and,


Whereas,        The Mayors= Committee is supported by the Mayors of the four municipalities: The City of Hendersonville Mayor Fred H. Niehoff, Jr.; Flat Rock Mayor Terry Hicks; Fletcher Mayor William Moore and Laurel Park Mayor Henry Johnson; and,


Whereas,        The Mayors= Committee has supported and funded activities for over 25 years for DISABILITY AWARENESS DAY; and,


Whereas,        The Mayors= Committee has scheduled an event ACELEBRATE DISABILITY AWARENESS AT THE BLUE RIDGE MALL@ for Saturday, May 5, 2001 from 10:00 AM to 5:00 PM.


Now Therefore, the Henderson County Board of Commissioners proclaim Saturday, May 5, 2001 as Disability Awareness Day in Henderson County and commends the Mayor=s Committee for its efforts on behalf of the disabled citizens of Henderson County.


Adopted this 18th day of April, 2001


AF@ - Juvenile Justice and Delinquency Prevention Grants

Commissioner Hawkins asked to be allowed to comment on this item.  He stated that there are a number of agencies that are involved in that.  He mentioned the Spectrum Youth Shelter and discussed the goals.  Following his discussion, it was stated that the State sets those goals, not the county. 


Chairman Moyer made the motion to approve the Consent Agenda with the additions of the Resolution for County Government Week, Disability Awareness Day, and the April 13th Board of Education letter.  All voted in favor and the motion carried.  The CONSENT AGENDA consisted of the following:


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

May 3, 1999, regular meeting

August 23, 1999, special called meeting

March 12, 2001, regular meeting

March 29, 2001, special called meeting

April 2, 2001, regular meeting


Tax Collector=s Report

Terry F. Lyda, Henderson County Tax Collector, had provided his report dated April 10 for the Board=s information.


Darlene Burgess, Deputy Tax Collector, had provided her report dated April 12 for the Board=s information.


Operational Review - Public Health Department

The Board of Commissioners heard a request from the County Manager at the April 2 Board meeting concerning Freeman White conducting Phase One of an Operational Review of the Public Health Department.  The Board requested that this item be presented to the Board of Public Health for their concurrence in this study.  The County Manager presented this proposal to the Board of Public Health at their April 3, 2001 meeting.  The Board of Public Health supported this study and unanimously voted to recommend that the Board of Commissioners approve this study.


Mr. Nicholson recommended that the Board of Commissioners approve Phase One of the Operational Review of the Public Health Department by Freeman White at a cost of $15,800.  These funds will come from the project budget.


Request for Improvement Guarantee for Vernon Creek Estates

Ms. Alice Dyer, property owners, and Pessco & Associates, Inc., developer, have submitted an application for a subdivision improvement guarantee.  The applicants would like to post an irrevocable letter of credit to cover the cost of road and drainage improvements for a proposed minor subdivision to be known as Vernon Creek Estates.  The Planning Department has issued conditional approval of the subdivision plan as noted in the letter to Ms. Dyer from the Henderson County Planning Department, dated April 10, 2001.


Pursuant to Section 170-39 of the Henderson County Code, a developer may, in lieu of completing all of the required subdivision improvements prior to Final Plat approval, post a performance guarantee to secure the County=s interest in seeing that satisfactory construction of the incomplete improvements occurs.  One type of permitted guarantee is an irrevocable letter of credit.  The applicants intend to secure such a letter of credit from Mountain Bank in the amount of $25,000.00, which includes the cost of the road and drainage improvements as well as the required contingency amount of twenty-five percent (25%).  The proposed completion date for the improvements is August 1, 2001.


A draft Performance Guarantee Agreement was presented for the Board=s consideration.  If the request is approved, the applicants must submit the letter of credit in accordance with the terms of the Agreement.  Such letter of credit should have an expiration date no less than 60 days after the proposed completion date of August 1, 2001.  The Assistant County Attorney must review the letter of credit and certify the Agreement as to form prior to its execution by the Chairman and the applicants.


David Nicholson recommended that the Board approve the request for an improvement guarantee for Vernon Creek Estates subject to the applicants submitting a letter of credit for $25,000.00 that expires no less than 60 days after the proposed completion date of August 1, 2001, and subject to the Assistant County Attorney reviewing the letter of credit.


Request for Extension of Improvement Guarantee for Oleta Falls, Section I

On September 20, 2000, the Board of Commissioners granted approval for Waterside Properties, L.L.C. to post an irrevocable letter of credit in the amount of $234,562.50 to guarantee completion of remaining road and drainage improvements in a portion of Oleta Falls, Section 1.  The Performance Guarantee Agreement for the improvement guarantee required that Waterside Properties, L.L.C., complete the improvements by March 31, 2001.  The expiration date on the original letter of credit, from First Union National Bank, is May 31, 2001.


On November 7, 2000, the County Manager authorized a partial release of the letter of credit because the developer had completed a substantial amount of the improvements, including grading and installing the gravel base on all of the roads that were subject to the Performance Guarantee Agreement.  With the partial release, the amount remaining on the improvement guarantee is $60,000.00.


Mr. A.J. Ball, Project Manager for Oleta Falls, had submitted a letter requesting that the completion date for the improvements be extended to August 20, 2001.  According to Mr. Ball=s letter, winter weather conditions and work on another project have delayed completion of the required improvements in Oleta Falls, Section 1.


Section 170-39 of the Subdivision Ordinance allows the Board of Commissioners, upon proof of difficulty, to grant an extension of an improvements completion date for up to one additional year, provided that the time between initiation and completion of the improvements does not exceed two years.  If the Board of Commissioners grants the extension as requested by Mr. Ball, the time period between execution of the original Performance Guarantee Agreement and the proposed completion date of August 20, 2001, will be within the two-year maximum.


A draft Performance Guarantee Agreement, which reflects the new completion date requested by Mr. Ball, was presented for the Board=s review.  If the extension request is approved, Waterside Properties, L.L.C., must submit an amended letter of credit that expires no less than 60 days after the new completion date.  The Assistant County Attorney must review the amended letter of credit and certify the Agreement as to form prior to its execution by the Chairman of the Board of Commissioners and Waterside Properties, L.L.C.


David Nicholson informed the Board that this is the first extension request for this project and the extension, if granted, would not cause the developer to exceed the two-year maximum time period for completion of the required improvements.  Therefore, he recommended that the Board approve the request to extend the completion date for the improvement guarantee for Oleta Falls, Section I, to August 20, 2001, subject to the developer submitting an amended letter of credit that expires no less than 60 days after the new completion date and subject to the Assistant County Attorney reviewing the amended letter of credit.


Juvenile Justice and Delinquency Prevention Grants

The Henderson County Juvenile Crime Prevention Council, (J.C.P.C.) has approved funding for local juvenile crime prevention programs.  These funds for Fiscal Year 2001-2002, in the amount of $218,861, are available for this purpose through the State of North Carolina.  Each program is required to provide a 30% match.


The programs approved by the J.C.P.C. were as follows:


Trend Mental Health Crime Prevention Team

Project Challenge

Spectrum Youth Shelter

Youth Mediation Services

YMCA - Get Back on Track

J.C.P.C. for administrative costs


These grant applications have been recommended for approval to the Board of Commissioners by the J.C.P.C.  They will then be forwarded to Raleigh before the April 30th deadline.


In addition, as part of the grant application process, each county is required to submit an annual plan for juvenile crime prevention and intervention services.  This plan has also been completed and approved by the J.C.P.C.  The plan was part of the agenda packet and was recommended to the Board for approval.


Staff recommended that the Board approve the grant applications and annual plan for our juvenile crime prevention programs based on the submission by the J.C.P.C.


Budget Amendment - Open Use Notification

The Board was requested to approve a Budget Amendment in the amount of $9,500 from Contingencies to cover the costs associated with the expanded notifications of the Public Hearing for Open Use Zoning.  These costs include the newspaper advertisements, written notification to property owners outside of the County and Gerton, other miscellaneous expenses and a contingency.  (The Gerton Community does not receive delivery of the Times News.)


David Nicholson informed the Board that these items were not included in the Planning Department=s Budget for this fiscal year.  These costs are associated with the expanded notice procedure that the Board earlier approved.  Staff recommended approval of this budget amendment.


Detention Center - Change Orders

Two Change Orders were presented for the new Detention Center, as follows:


1.               Beam Construction - $5,777.00

Several ceilings within the facility were inadvertently deleted from

being painted.  This change order instates the painting of these areas.


2.               Bolton Corporation - $5,547.00

The plans failed to provide for a >dry= fire sprinkler system in all of the

outdoor exercise areas.  This change order funds this required system.


Staff recommended that the Board approve these change orders.  Funds are available within the project=s Contingency line-item for these changes.


Gerton Fire and Rescue Lease Purchase Agreement

Gerton Fire and Rescue plans to purchase a 2001 Pierce/International pumper/tanker.  The proposed apparatus has a pump capacity of 1,250 gallons per minute and a 1,000 gallon tank capacity.  The amount of the loan is $143,000 for a term of 17 years, with an annual payment of $13,945, and a total payback of $237,065.


The Fire and Rescue Advisory Committee reviewed this agreement on March 29 and forwarded a favorable recommendation.


Staff recommended that the Board approve this letter.


Resolution proclaiming April 21-28 as Community Development Week

Henderson County Community Development coordinated by the North Carolina Cooperative Extension Service requested that April 21-28 be proclaimed Community Development Week.


Staff recommended that the Board approve the prepared resolution.


Resolution - Strive Not To Drive

The Henderson County Partnership for Health requested again this year that the Board approve a resolution declaring May 18, 2001 as Strive Not To Drive Day. 


Staff recommended that the Board approve the prepared resolution.



The Alternative Transportation Study Group had presented a request for $15,000 for a trolley for Main Street.  They requested that funds currently appropriated to Apple Country Transportation be used for this project.  Danny Williams presented this item to the Board.  Apple Country Transportation has endorsed this project and will provide administration and maintenance.  Last night the City of Hendersonville adopted the project and promised $15,000 for it.   This project would be a trial basis short term lease for seven months.


Mr. Williams stated that they were not specifically asking for money from the County.  Apple Country Transportation already has gotten money from the county for use of their system.  They have $25,000 they are willing not to use.  Mr. Williams stated that they only ask for $15,000 of the $25,000 that has already been given to Apple Country Transportation for the Trolley.   The Aused@  trolley would be used for tourism as well as public transportation.  It is completely closed, has a lift, and is air-conditioned. 


Javonni Burchette, from Apple Country Transportation came forward and informed the Board that the $25,000 in question is not needed for medical trips. 


Some of the Commissioners felt that if the money was not needed for Apple Country, then it should come back to the county. 


David Nicholson told the Board that he could not recommend that they fund this request.  The funds that they are requesting were appropriated to Apple Country Transportation. The Board,

over the past two fiscal years, has greatly increased their contribution to Apple Country Transportation because of a shortage of funds in the area of medical transportation.  At the Board=s request, they were to review their operational procedures for this service.  If these funds are not needed for this program, he too felt that they should be returned to Henderson County.


Mr. Nicholson questioned the County=s role in this project, stating clearly if the City, the Downtown District, and even Travel & Tourism wished to fund this endeavor, it would certainly be appropriate.  He stated that he saw County Government=s role more as providing assistance in providing funds for human services transportation and not in tourism activities.


Following much discussion, Chairman Moyer made the motion to turn down the request that $15,000 be taken from Apple Country to fund this, not to endorse this project.  A vote was taken and the motion carried four to one with Commissioner Ward voting nay.




Sam Fritschner, Council for Four Season=s Hospice, reminded the Board that Mr. Richard B. Lange, President of Four Seasons Hospice, had submitted an application to amend Special Use Permit #SP-46-96, which was issued by the Board of Commissioners on June 2, 1997.  The Special Use Permit authorized the construction of a nursing home and an in-patient hospice facility on a 10.5 acre site located adjacent to Blue Ridge Community College.  The site is in an O & I (Office and Institutional) zoning district, which requires that hospitals, nursing homes and other extended care facilities obtain a Special Use Permit from the Board of Commissioners.  Special Use Permit #SP-46-96 was amended in December of 1999 to allow the construction of an adult daycare facility. The current application, #SP-46-96-A2, proposes to expand the hospice facility, known as Elizabeth House, to create a chapel meditation room.  Such expansion, which will involve enclosing an existing porch and adding approximately 80 square feet to the existing building, constitutes an amendment to the Special Use Permit.


There are several items regarding the application for the Special Use Permit amendment for the Board of Commissioners to consider:


1.               Since the initial approval of Special Use Permit # SP-46-96, Henderson County became the owner of the property on which the facilities constructed under such permit are located.  Therefore, it would be appropriate for the Board of Commissioners to consent to the application and join Four Seasons Hospice as an applicant for the amendment to the Special Use Permit.


2.               Ordinarily, the Board of Commissioners is the approval authority for Special Use Permits, however, Section 200-70C of the Henderson County Zoning Ordinance allows the Commissioners to delegate approval authority for Special Use Permit applications to the Zoning Board of Adjustment when the Board of Commissioners determines that it cannot hear the application itself due to conflict of interest, bias, lack of a quorum, etc.  Such delegation must be made by resolution.  In December of 1999, the Commissioners referred the previous amendment to Special Use Permit #SP-46-96 to the Board of Adjustment because Henderson County was the owner of the property that was the subject of the application.  Because the County is still the owner of the subject property, it would be appropriate for the Board to adopt a resolution consistent with its prior action and refer Special Use Permit application #SP-46-96-A2 to the Board of Adjustment.  A draft resolution was provided for the Board=s consideration.


Expansion of the Elizabeth House, if approved, would require an amendment to the Declaration of Condominium for the Partners in Health Condominium.  If the Special Use Permit amendment is granted, such an amendment to the Declaration of Condominium would be brought to the Board of Commissioners at a later date. 


David Nicholson recommended the following Board action:


1.         Consent to application #SP-46-96-A2 and join Four Seasons Hospice as an applicant for the amendment to the Special Use Permit; and

2.         Adopt the prepared draft resolution and refer the application for amendment to Special Use Permit # SP-46-96 to the Zoning Board of Adjustment.


Commissioner Hawkins made the motion to consent to and adopt the Resolution to refer this item to the Zoning Board of Adjustment.  All voted in favor and the motion carried.



Anya  Petersen-Frey, from the Partnership for Health presented this item to the Board.  A copy of a community resources study that they recently completed had recently been given to the Board (white notebook which I did not receive).  The Board had requested that the Partnership develop this study last fall, that they take a look at our health service resources available to our community, focusing on gaps and duplications and taking a look at potential cost efficiencies and reduction.


They put together an assessment team of 12 people from the five largest health providers and also volunteers from the community.  They focused on the five largest providers which included: Pardee Hospital, Park Ridge Hospital, Trend Community Mental Health, Blue Ridge Community Health services, and the Henderson County Department of Public Health, mainly because if they found any gaps that were in the system, these are the providers who would be most likely called upon to take initial steps to fill any of those gaps. 


Once all this information was gathered the following gaps were identified:


1.               Mental health services

2.               Dental health services

3.               Preventive services and education


They did not locate any duplications in mental health or dental, even though there are some multiple providers.  The need definitely outweighs the services available. 


The barriers to obtaining services were located as follows:


1.               Transportation

2.               Language - spoken and written

3.               Comprehensive skills

4.               Lack of ability to pay for care

5.               Lack of information about some service availability




1.         Evaluate our current transportation resources

2.               Utilize our current educational resources to offer more ESL training and

foreign language training for health care workers or look at recruiting more

bilingual health care staff.

3.         Develop a collaborative partnership to expand services for children.  Preventive education is best begun with children.


Each Commissioner expressed that this was a good report.  They stated that this was a well qualified team.  Some expressed that they would like to see more details and numbers.


Chairman Moyer stated that it was unanimous that this Board accept the report and that the group proceed as they have indicated they would like to proceed. Chairman Moyer asked that the Board be kept informed.


David recommended that the Board consider setting a workshop at a later date to review this study.  He stated that the Board may also wish to seek contributions from the Alliance for Human Services on the study.





Chairman Moyer stated that the Board would receive the report but stated that the budget request would be taken under consideration during budget deliberations.


Mike Egan, Chairman of the Apple Country Greenway Commission, presented their Annual Report for Year 2001 as required by the Interlocal Agreement establishing the Apple Country Greenways Commission.  He reminded the Board that the Apple Country Greenway Commission was established about 16-17 months ago by means of an interlocal agreement entered into between Henderson County and the county=s four municipalities.    The annual report had been distributed to the Commissioners in January for their review.   


Mike Egan explained that the Apple Country Greenway Commission is a governmental agency created by the interlocal agreement.   


Mr. Egan requested a contribution from the County in the amount of $2,500 to match a grant and hire a part-time director. He thanked the Board of Commissioners for their support for the development of greenways in our community.


Staff=s recommendation was for the Board to accept the Annual Report and delay the decision on the funding request until the budget process.


Chairman Moyer asked Mr. Egan a couple of specific questions:


1. There=s a lot of discussion, a lot of questions re: each of the municipalities have their own greenway group, everybody is doing their own thing.  What is the role for the Greenways Commission and why should the county support it when each group has their own little thing they=re doing?

2. Without getting into the budget, what are your specific plans for next year that would cause you to continue?


Mr. Egan answered that the Greenways Commission has been looking at just the issue of whether there is a continuing role for them.  Last year they set two primary goals for themselves: 1. the development of a demonstration greenway project which they feel would be the most important thing in building greenway support in the community.  They have the Oklawaha Trail.  They have received funding for a portion of that and expect to break ground this fall or next spring. 2. the Master Plan.  That work is well underway and they expect to have the Master Plan document back to the Board of Commissioners this calendar year for the Board=s review and concurrence under the interlocal agreement.


Mr. Egan stated that there are local greenway committees in Fletcher, Flat Rock, and Laurel Park is just beginning their own effort. 


In answer to what purpose the greenway commission would serve in the future - they feel very strongly that there is a role for the commission and very tangible benefits that the commission can serve to offer the participants, the five parties to the interlocal agreement.  The commission has served as the defacto greenway committee for Henderson County and the City of Hendersonville because they have not tried to institute separate greenways efforts.  There=s a direct benefit to Henderson County and the City of Hendersonville which will be seen when the Oklawaha Trail is built in the next year. 


Mr. Egan then briefly discussed the need for a Greenways Coordinator.  They anticipate that the Coordinator would serve as a resource to the Commission and the local greenways efforts as well. They feel that greenways projects could be ranked and worked on by the Coordinator.  The Coordinator=s responsibility would be to develop greenway projects, plan and develop them, oversee the design and construction of those projects.  Of most importance, the Greenway Coordinator would be charged with finding funding for the operations and for projects for greenways construction.  That service would be available not only to the Greenway Commission and its work in developing projects but also for the local efforts in Flat Rock, Fletcher, and Laurel Park.  The Coordinator would be available to do grant writing. 


He explained that the $4,000 from the county a year ago has been leveraged to approx. $120,000 in grant monies.  Some of the things the Greenways Commission has accomplished in the past year are:


1.               They developed design standards for greenway construction and maintenance, which

will be used in the Oklawaha Trail as well as the trail that Fletcher is beginning work on and Flat Rock, all of whom have received funding from NC DOT through T 21 funds to build projects.

2.               They=ve done a great deal of public education about the benefits of greenways.

3.               They=ve completed the draft Master Plan.

4.               They=ve planned the Oklawaha Trail.

5.               They=ve obtained grants in excess of $100,000 for the Oklawaha Trail and secured the

commitment from the City of Hendersonville to match the funds necessary for that project.

6.               They=ve established the Friends of Apple Country Greenways Fund with the Community Foundation and obtained the $10,000 grant mentioned before.


Mr. Egan felt that with the Commission Coordinator in place and looking at the model in Roanoke Valley and scaling that back considerably because we have a smaller population base, that it is certainly realistic that we could get $150,000 to $250,000 in grant monies for construction of greenways per year. That would be a goal.  It would also be their goal to have one to two miles of greenways in the ground once they begin.  It takes a couple of years to get a greenway going typically.



1. P.M. Anderson - Mr. Anderson spoke on behalf of the group AThe Concerned Citizens for Responsible Government@ regarding property value losses. He stated that the county should not protect Pace/Tarheel Paving from accountability for their actions and requested a study of property value loss resulting from the announcement of Tarheel Pavings planned hot mix facility.   They would like to have property values in their neighborhood (1 mile radius area) for last November, what they were one year previous, 2 years previous, 3 years previous, also comparing the property values with Flat Rock and Etowah, which are far enough away from the planned facility that they are not affected by it. He was also interested in how many sales are being made today versus one year ago.


Chairman Moyer asked for Mr. Anderson to put his request in writing and get it to either the County Manager or Chairman Moyer and they will see what they can do. 


2. Avram Friedman - Mr. Friedman is with the Canary Coalition, a clean air advocacy organization. He offered the Board a Resolution in support of the Clean Smokestacks Act that is currently being considered by the State Legislature.  Yesterday it passed a Senate Committee and should be on the floor today or tomorrow.  Chances of its passage look very good right now.  The Clean Smokestacks Act essentially cleans up North Carolina=s 14 coal fire power plants which are currently unregulated under the Clean Air Act and are polluting our air.   He requested support from the Commissioners.


Chairman Moyer accepted the Resolution from Mr. Friedman and stated that it will be placed on a future agenda for Board action.



Carey McLelland informed the Board that staff mailed out Request for Proposals (RFP) to provide banking services to nine (9) financial institutions with either a main or branch office within the city limits of Hendersonville.  Four (4) banks responded to the RFP by submitting responsive bids.  A Finance Review Committee reviewed the proposals focusing on the cost per unit information provided to deliver services and the financial strength and experience of the bank in providing services, especially to local governments.


Based on these factors, the Committee recommended to the County Manager that First Citizens Bank, the lowest responsive proposing bank, be awarded an initial three (3) year term agreement to provide banking services to the County with an option to renew the agreement for up to two additional 3-year terms.  Banking with First Citizens will also provide access to seven locations within the County.


Greg Burnette, Senior Vice-President, of First Citizens was available to answer questions. In answer to a question about the option to renew, Mr. Burnette stated that the option does give the county the right to renew for two consecutive three-year terms.  At the times of renewal, obviously, things could have changed as far as pricing goes.  There could be some negotiation at the time of renewal.


Following discussions, Chairman Moyer made the motion to approve a three-year banking services  agreement with First Citizens as recommended and to designate First Citizens Bank as an official depository.  All voted in favor and the motion carried.


The Board had indicated in past discussions it=s desire to provide citizens with the option of making their real and personal property tax payments by credit card.  This would also allow the option to accept payments via the County=s website in the future.  Other departments that would be areas to consider accepting credit/debit card payments would include Finance, Inspections, Recreation, Environmental Health, Utilities and Solid Waste.

The Office of the State Controller for the State of North Carolina entered into a contract with Wachovia Merchant Services on July 26, 2000 to process credit and debit cards.  The terms of this contract include the extension of the terms and conditions to all cities and counties in North Carolina.  A copy of the contract and participation agreement was presented for the Board=s review.


Staff had made the recommendation to the County Manager that the County enter into the participation agreement with Wachovia to provide merchant credit/debit card processing services.


David Nicholson recommended the following Board action:


1.               Award a 3-year banking services agreement to First Citizens Bank with an option to renew for up to two additional 3-year terms.

2.               As required by NCGS 159-31(a), designate First Citizens Bank an official depository of the County.

3.               Contract with Wachovia Merchant Services, L.L.C. (AWMS@) and Wachovia Bank to provide merchant credit/debit card processing services pursuant to the terms and conditions of the Master Services Agreement entered into by the State of North Carolina.


Staff had recommended to the County Manager that the County contract with Wachovia to provide credit/debit card processing services based on the terms and conditions of this contract, to tie on to the State Contract and accept Master Card and Visa. There was quite a bit of discussion regarding cost to the county for this service.  The fee Wachovia will charge is 10.8 cents per transaction.  There are also other fees from Master Card and Visa.  The Commissioners wanted to see the cost figures before authorizing this.  They were also interested in how the county could recoup those fees.  This will be placed on the next agenda for action after staff researches this more.


Chairman Moyer called a five minute technical recess.



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


The purpose of this public hearing was to name several roads in Henderson County.  A list of ten (10) road names was presented to the Board for consideration:


East Campus Drive

West Campus Drive

Duck Pond Drive

Alumni Way

Eagles Reach Drive

Bat Fork Lane    C   the first six roads are on the Blue Ridge Community College Campus

Coltons Den Lane

East Hill Top Lane

East Hilltop Drive

Lige Way

Kirkwood Hill Lane


Curtis Griffin explained that these road names have been advertised in the local newspaper, public hearing signs have been posted at the locations of all the roads, post offices, and within the County Courthouse. None of the ten had been requested to be pulled from consideration.


Public Input

There was none.


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


Commissioner Ward made the motion to approve the list of road names as submitted.  All voted in favor and the motion carried.


PUBLIC HEARING - To Consider a Proposed Installment Financing for the Purchase of the Human Services Building Properties

At 11:00 a.m. the Chairman stated that the purpose of the meeting was to hold a public hearing and take action on a resolution concerning installment financing by the County for the purchase of real properties for the proposed Human Services Building.


The Chairman asked for a motion to open the public hearing.  At 11:17 a.m., Commissioner Messer moved that the public hearing be opened.  The motion was not seconded but was unanimously adopted.


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 April 6, 2001 of a Notice of Public Hearing.  The Chairman directed that the affidavit of publication be attached to this extract as Exhibit A.


The Finance Director presented a draft of an Installment Financing Contract between the County and Branch Banking and Trust Company (ABB&T@) and other related documents.  Copies of the financing documents had been on file with the Finance Director.


The Chairman inquired whether there were any persons who wished to speak at the public hearing.  No one had requested to speak.


The Clerk to the Board of Commissioners announced that no written statement related to such matters had been received.


Thereupon, the Board determined to proceed with the proposed financing for the purchase of the Human Services Building Properties and to approve such Installment Financing Contract and the related documents hereinabove mentioned substantially in the forms presented.


Thereupon, Commissioner Grady Hawkins made the motion to close the Public Hearing.  All voted in favor and the motion carried.


Thereupon, Commissioner Marilyn Gordon introduced the following resolution which was read by title, and moved to be adopted:







WHEREAS, the Henderson County, North Carolina (the AUnit@) has previously approved and determined to undertake a plan for purchase of the Human Services Building Properties (the AProject@); and,


WHEREAS, there have been presented the following draft agreements (the AAgreements@) which the Unit proposes to execute in connection with the Project, copies of which shall be filed with the Unit=s records:


(1)       A draft of a Financing Agreement and Deed of Trust to be dated as of

                (The AFinancing Agreements@), from the Unit to a deed of

Trust trustee for Branch Banking & Trust Company (ABB&T@) benefit,

providing for BB&T to finance a portion of the Unit=s undertaking of the

project, and providing a separate security interest in the Properties to

BB&T to secure the Unit=s performance of its obligations under the

Financing Agreements.


(2)       A draft of the County=s Closing Certificate (the ACounty=s Closing Certificate@).


(3)       A draft of the Use of Proceeds Certificate (the AUse of Proceeds Certificate@).


WHEREAS, the Unit duly conducted a pubic hearing on April 18, 2001 regarding the Financing Agreements to purchase the Human Services Building Properties.




1.               The Unit hereby affirms its decision to undertake the Project.  The Unit hereby determines to accept the proposal from BB& T to finance the Project in accordance with the plan of financing described in the Agreements referenced above.  All actions of the County effectuating the proposed financing are hereby approved, ratified and authorized  pursuant to and in accordance with the transactions contemplated by the documents referenced above.


2.               Each of the Financing Agreements is hereby approved, and the Chairman of the Board, the County Manager, the County Attorney, and the Finance Director as the case may be, are hereby authorized and directed to execute the Financing Agreements and to deliver the same to the appropriate counter parties, and the Clerk (or any assistant clerk) is hereby authorized and directed to affix the Unit=s seal to the Agreements and to attest the same.  The Agreements shall be in substantially the forms submitted at this meeting, which are hereby approved, with such changes as may be approved by the officer executing such agreement, such officer=s execution to constitute conclusive evidence of approval of any such changes.  The Agreements in final form, however, must provide (a) for the Unit to finance a total of not more than $2,650,000.00; (b) for the Unit=s obligation to repay the amounts advanced to bear interest at an annual rate of not more than 5.81 percent; (c) the term of the Agreements shall not exceed fifteen (15) years; and the annual payments to be made under the Agreements.


3.               The Unit=s payment of Installment Payments, as defined in the Financing agreements, shall be subject to annual appropriation of funds by the Board.  The Unit shall not be obligated to make any Installment Payments beyond those for which funds have been appropriated in the Unit=s sole discretion during the Unit=s then-current fiscal year.  The Financing Agreement shall not constitute a pledge of the Unit=s full faith and credit.  Neither the Unit=s full faith and credit nor its taxing power is pledged directly, indirectly or contingently to secure any moneys due BB&T.


4.               The Unit=s officers are hereby authorized and directed to deliver all certificates and instruments and to take all such further action as they may consider necessary or desirable in connection with the execution and delivery of the Agreements and the consummation of the transactions contemplated thereby, including delivering a certificate setting forth the expected use and investment of the proceeds to be derived from the execution and delivery of the Financing Agreement (the AProceeds@), and to make any elections such officers deem desirable regarding any provision requiring rebate of earnings to the United States, for purposes of complying with the provisions of the Internal Revenue Code of 1986, as amended, including applicable Treasury regulations (the ACode@), applicable to arbitrage bonds.


5.               The Unit shall not take or omit to take any action the taking or omission of which will cause its obligations to pay Installment Payments (the AObligations@) to be Aarbitrage bonds@, within the meaning of Code Section 148, or otherwise cause interest components of Installment Payments to be includable in the gross income for Federal income tax purposes of the registered owners of the Obligations.  Without limiting the generality of the foregoing, the Unit shall comply with any provision of the Code that may require the Unit at any time to pay to the United States any part of the earnings derived from the investment of the Proceeds. The Unit shall pay any such required rebate from its general funds.


6.               All other actions of the Unit officers in conformity with the purposes and intent of this resolution and in furtherance of the execution and delivery of the Agreements and the consummation of the transactions contemplated thereby are hereby approved and confirmed.


7.               All other resolutions or parts thereof in conflict herewith are hereby repealed.


8.               This resolution shall become effective immediately upon its adoption


This is the 18th day of April, 200l.


Commissioner Grady Hawkins seconded the motion, and the resolution was adopted by the following vote:


Ayes:   Unanimous


Nays:   None


PUBLIC HEARING - Proposed Noise Ordinance Amendment

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


Angela Beeker reminded the Board that on March 12, 2001, the Board of Commissioners scheduled a public hearing to consider a proposed amendment to the Noise Ordinance which is now codified as Chapter 125 of the Henderson County Code.  That Chapter was presented to the Board along with the correspondence pertaining to the requested amendment.

The proposed amendment is to Section 125-7(7) which exempts school and camp activity from many of the noise ordinance provisions.  The amendment would modify Section 124-7(7) to prohibit schools and camps from using electronically amplified sounds and acts during nighttime hours (11 p.m. to 7 a.m.).


The public hearing was highlighted in the March 30, 2001 edition of Henderson Highlights.


Angela reminded the Board that they had indicated that they would take public comment on this particular amendment but also the Board was made aware at the last meeting of some movement in the community to find a community-based solution to dealing with noise produced by camps in particular.  The Board had indicated that they would also be willing to consider any other proposal that the community might wish to bring forward to deal with this issue at this public input session.


Public Input

1. Ron Justice - Mr. Justice is an Attorney, representing Nancy Chisholm and Kenny Cannon, residents in the Crab Creek section of the county.  They are in support of the noise ordinance violation however they would like to see it extend further.  They asked for a limit of a maximum of 4 hours per day of electronically amplified music to be played during a 24 hour period.


You know when you buy a house near a camp you=re going to hear kids playing, you=re going to hear public address systems saying Areport to the softball field@, Adinner=s served@, Adance is ready@, or whatever, you don=t expect to hear a portable radio station 7:00 a.m. to 11:00 p.m. each and every day. 


2. Nancy Chisholm - Ms. Chisholm stated that she doesn=t live within sight of any of the buildings of Camp Blue Star (she lives in five acres of woods) but she can hear the camp noises inside her home with the doors and windows closed and the air conditioning running on many occasions up to 11 p.m. and past 11 p.m.  She has written a letter to the camp, she has called the camp and hasn=t gotten a good response.  She has never called the Sheriff=s Dept. to report the nuisance before 10 p.m.  She can=t enjoy the outside of her home because of this nuisance.  She stated that the noise has been read to be over 60 decibels on several occasions.  She stated that the noise is a type of pollution that she has to suffer from.


3. Kenny Cannon - Mr. Cannon lives with Ms. Chisholm and stated that the only issue is the amplified music, daily, all day and into the evenings and night, sometimes after 11 p.m. They have tried handling this with the Camp. All the camp seems to want to address is their Saturday night dances. 


4. Rodger Popkin - Mr. Popkin is one of the co-owners and directors of Blue Star Camps.  Camp Blue Star has been in Henderson County for 50 years.  They haven=t had complaints from other residents. Mr. Poplin stated that they do not have daily amplified music.  They do have announcements in the dining room with background music and there is music played sometimes while meals are served. He also stated that they have restructured some of their programs so as not to impose on their neighbors.

He would rather mediate their way through this problem so it won=t be necessary to do this in a way that will impact on every single county school and camp.  They are currently building a large pavilion with a concrete wall in the back of their property which should buffer the sound so that it will go up Pinnacle Mtn. which they own and not bother the people across the street.


There are 1,150 people on their six hundred acres of property.


They are good citizens of Henderson County because they are citizens of Henderson County.  They don=t feel that all the schools and all the camps should suffer because they have an issue with a neighbor.


5. Jim Miller - Mr. Miller is a camp director in Tuxedo at Camp Greystone.  They have been in the community for 82 years.  They operate on 150 acres.  He stated that the 11:00 p.m. to 7:00 a.m. rule would probably not affect them too much but might affect other camps worse.


6. Tom Rosenberg - Mr. Rosenberg is incoming President of the Southeastern section of the American Camping Association, which represents all the accredited camps in Georgia, North Carolina, South Carolina, Florida, part of Tennessee, and part of Alabama.   He stated that encroachment is the issue. 


He stated that The Board of Realtors could help with this problem if realtors would advise potential home buyers that they would live close to an operating camp.  He asked if this problem could have been prevented if Ms. Chisholm had been advised that she was buying next to a 50 year old industry, a business.


He asked that the Board think hard about this amendment, he feels that it will unnecessarily impair a very valued industry in this county.


7. Mose Highsmith - Mr. Highsmith is the Sheriff=s Staff Attorney and the drafter of the proposed amendment to the Noise Ordinance.


He stated that the camps and schools are good neighbors.  In making this proposal, he was seeking to respond to a citizen concern and what he thought would be the least restrictive means that would accommodate the problem that was being experienced by the residents and also to not overly impact the camps.    When law enforcement responds to a noise complaint, if the source is a camp or school, they are presently powerless to do anything. That is what brought about this proposal.  As a matter of policy, even though NCGS 14-4 makes the violation of a county ordinance a class III misdemeanor under state law, as a matter of Sheriff=s Office policy they have a memo that says that the enforcement action that they will take in the case of a noise ordinance violation would be a citation.  A warning would precede that before they got a ticket.


The purpose for bringing this before the Commissioners was to draw attention to the issue. 


The county has experienced 30% growth in the last 10 years.  This is a growth management issue.  Subsequent to the last Commissioners= meeting, when Mose spoke to the Board, the leadership of the camp community contacted the Sheriff and suggested that the issue be resolved between the camps and the citizens by some mutual agreement.  Sheriff Erwin asked Mr. Highsmith to state on his behalf that it is always better when neighbors can resolve their issues in a friendly and productive manner.  


In answer to questions raised, Mose stated that he personally had not taken any meter readings. He also stated that the proposal he has made, may not address the problem if the noise is daily and lasting all day. 


Commissioner Hawkins asked to hear from the public school system on how this amendment would affect them. Mr. Nicholson had spoken with Dr. Burnham and he said if there was noise after 11 p.m., he wants it cut off.  He doesn=t see this as an issue that would affect them.


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


Following much discussion, Chairman Moyer made the motion to turn down or not adopt this amendment at this time but certainly to encourage the camps to work with their neighbors.   A vote was taken and the motion passed unanimously.



Kathy Askew, Chairperson of the Board for Partners for Creative Elder Care, informed the Board of a wonderful project that has been started for the elderly of Henderson County.


They have been working towards this park for over 3 years.  They have recently formed a non-profit organization (501-C-3 recently received) called Partners for Creative Elder Care.  They have a Board of Directors in place and have had two Board meetings.  They are very excited about the park and the great things it can do for the elderly of Henderson County.


In research, they found that many residents of rest homes and nursing homes actually become so frail from lack of activity that it affects their ability to breathe, swallow and eat.  Patients with dementia, and that is eventually most of them, have such chaotic energy, they can=t sit still long enough to eat a meal.  They can=t sleep at night.  They pace up and down the halls endlessly, even though they are totally exhausted.  It has been shown that you can turn that chaotic energy into purposeful walking simply by providing a place for the elderly to walk, even as little as 30 minutes a day can change their lives.  In as little as six months almost all can finish a meal.  More than half the patients can stop pacing, and all of them can fall asleep.


The proposed park will be open to all of the elder-care homes in the county.  It will be located less than a mile from five homes and two short blocks from the Senior Center.  All the elderly will be welcome to use the park.  The vision is to promote wellness through education, motivation and just plain enjoyment of the outdoors.


They have had approximately 1.75 acres, donated to them by Jay Westin in memory of her late husband.  They also have received donations totaling close to $7,000.00.  These donations have been from Service Groups, Garden Clubs, Churches and individuals.  Two banks in Hendersonville have given commitments to help maintain the park.  Kingsway Concrete has also given a very generous donation of concrete.  Kenneth Youngblood will volunteer his services by doing the legal work that puts control of the property into the non-profit and insures that it will always be a park.  Jim Barnett has donated the appraisal, Kim Baker has donated the CPA work and Bruce Pendleton has donated the design work.  Partners for Creation has donated hundreds of hours clearing and cleaning up the Park area.  There has been much community support. 


She explained that this will be so much more than just a park.  It will act as a support system to all the elderly and elder-care homes in the area.  The whole community will be involved in creating and maintaining the park. 


They will be applying for a grant with the Henderson County Community Foundation in May. She requested the support of the Commissioners, stating that this park will create more opportunities for the elderly with the least amount of effort.


Following discussion, Commissioner Hawkins made the motion to authorize the Chairman to sign a letter of support for the Elderpark.   All voted in favor and the motion carried.



Commissioner Hawkins 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:




01 CVS 343


All voted in favor and the motion carried.


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



David Nicholson updated the Board on the status of the development of the Fiscal Year 2001-2001 Budget.  The Board was provided with a set of guiding principles associated with the development of a base budget.  These principles are what staff is using to establish the County Manager=s recommended budget.  This recommended budget will be presented to the Board at the next regular Board meeting, May 7, 2001.

Mr. Nicholson stated that he would be asking the Board to set the budget based on the ad valorem property tax rate, based on last year=s collection rate.  That is a little different from usual. David will be presenting the budget based on $1 million to $1.5 million less, based on the entire amount of the inventory tax which may be totally withheld.   He is also looking at setting standards for departments that charge fees for services to make sure that they cover the full cost of providing those services.


Chairman Moyer asked that Mr. Nicholson present a base budget and then offer alternatives that could result in savings of $1 million to $1.5 million, if the Board chooses to go that way.


David also provided the Board with an updated Budget Calendar including proposed dates for budget workshops.  The only action suggested at this time was the establishment of meeting dates for budget deliberations.


Following discussion, Chairman Moyer made the motion to set the following budget workshops (here):

Monday, May 21         10 a.m. - 12:00 noon

Thursday, May 24       3:00 - 5:00 p.m.

Tuesday, May 29         3:00 - 5:00 p.m.

Thursday, May 31       3:00 - 5:00 p.m.


All voted in favor and the motion carried.  They will set the June workshops and the Public Hearing on the budget at the next Board meeting.


Chairman Moyer called a 5 minute technical recess, to change videotapes.



The Clerk had previously distributed a copy of a Resolution to the Commissioners expressing opposition to HB #514.  The Resolution had been adopted by the N.C. Association of Clerks to the Boards of County Commissioners.  HB #514 would require the taping of closed sessions with the tapes to be maintained indefinitely.


Chairman Moyer felt that the Board should take a position regarding this Bill and opened the floor to discussions.


Following discussion, Chairman Moyer made the motion to authorize the Chairman to draft a letter to the General Assembly opposing this Bill.  All voted in favor and the motion carried. 



The Board has had three of the four public input meetings out in the community and Chairman Moyer expressed that the meetings have not been as well attended as the Board had hoped they would be.  Tomorrow will be a public input meeting in the cafeteria of Marlow Elementary School and the last public hearing on this issue will be May 15 at 7:00 p.m. (here). No action will be taken until after the public hearing. 


Chairman Moyer stated that the Board heard some concerns last evening from some citizens of the Etowah community about not wanting to be included in Open Use Zoning.  There was a general feeling that they did not need that kind of protection. 




Chairman Moyer stated that the Board had met with the Town of Fletcher this week with respect to annexation policy and the LGCCA met and a number of the Commissioners attended that meeting.  Annexation policy and annexation plan were discussed at that meeting.  This Board has long felt the need for better dialogue and better coordination and planning, working together on annexation because it affects everyone in the county and in the municipalities.  It affects individuals and it affects businesses.    He stated that this issue will continue to be discussed with the municipalities.  The County will continue to work with the municipalities to have some type of coordinated annexation policy.


Commissioner Gordon stated that one item that was discussed at yesterday=s LGCCA meeting was how to improve the planning process so that there is more coordination between groups.  One of the subjects that came up was the development of our long range Land Use Plan or Comprehensive Land Use Plan and how we might get some input in that process from the municipalities.



Attendance Records for Boards/Committees

Chairman Moyer stated that several meetings ago the Board had raised questions regarding board attendance and wanting that information before making board appointments.  The County Manager has been working on this.


David Nicholson had worked with Amy Brantley and they had come up with a notebook that will be available to the Board beginning in May so that the Commissioners can review attendance rosters that interest them.


There will be an addition to the County=s Administrative Manual which will address tracking of Board attendance.


Notification of Vacancies

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


1.         Henderson County Zoning Board of Adjustment - 1 vac.

Commissioner Hawkins asked Staff to inquire to see if Dale Caldwell would be willing to move up to resume the regular member status from alternate status so that the Board can continue to operate.  Karen was directed to ask Mr. Caldwell if he would serve on a full-time basis until the Board could find someone else.



2.         Fletcher Zoning Board of Adjustment - 1 vac.

Chairman Moyer stated that there was a little confusion on when the term expired.  Fletcher had changed the term expiration date and had not informed this office.  This term has expired and Fletcher would like for the Board to made the appointment ASAP so that they can continue to do business.   Chairman Moyer nominated Connie Stewart to fill the vacancy, he made the motion to suspend the rules and appoint Ms. Stewart.  All voted in favor and the motion carried.


3.         Fire and Rescue Association - 1 vac.

Chairman Moyer stated that this is an appointment by the Fire & Rescue Association, a person whom we don=t have an application yet for.  Chairman Moyer made the motion to suspend the rules and appoint Joe Swain to fill this vacancy.  All voted in favor and the motion carried.  Mr. Swain will be asked to fill out an appointment application.



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


1.         Nursing/Adult Care Home Community Advisory Committee - 2 vac.

Chairman Moyer made the motion to appoint Joy Davenport to position # 7.  All voted in favor and the motion carried. She had been nominated at an earlier meeting.


There were no other nominations at this time so one vacancy was rolled to the next meeting.


2.         Mountain Area Workforce Development Board - 1 vac.

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


3.         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.


4.         Equalization and Review - 1 vac.

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


5.         Retired Senior Volunteer Program Advisory Council - 1 vac.

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


6.         Juvenile Crime Prevention Council - 2 vac.

Commissioner Hawkins nominated Attorney Ron Justus to fill position # 13.  Commissioner Hawkins made the motion to appoint Mr. Justus by acclamation.  All voted in favor and the motion carried.



Angela Beeker requested the Board set a special called meeting for Monday, April 30 for the purpose of going into closed session as allowed pursuant to NCGS 143-318.11 (a)(3) To consult with an Attorney to preserve the attorney-client privilege and to consider giving instructions to an attorney considering the handling or settlement of a claim, judicial action, mediation, arbitration, or administrative procedure.


The Board set that meeting for Monday, April 30 at 4:00 p.m. 


There being no further business, Commissioner Messer made the motion to adjourn the meeting at approx. 2:23 p.m.  All voted in favor and the motion carried.






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