STATE OF NORTH CAROLINA                                            BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                         NOVEMBER 26, 2002


The Henderson County Board of Commissioners met for a special called meeting at 11:00 a.m. in the Commissioners' Conference Room of the Henderson County Office Building. This was a continuation of the regularly scheduled November 20th meeting.


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: Assistant to the Manager Selena Coffey, Public Information Officer Chris S. Coulson, and County Engineer Gary Tweed.



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



The Board decided to continue the meeting to this date to see what kind of additional information they might receive on this issue and to give the County Attorney a chance to go through the two agreements to compare and see what change Asheville had made. 


Chairman Moyer had talked with Mayor Worley, City of Asheville, who strongly felt that the Asheville City Council will support an agreement of $2million but with just one seat on the Water Authority Board.  Chairman Moyer did not discuss any of the other provisions in the agreement due to this meeting having been scheduled.


Chairman Moyer asked whether the Board wished to proceed or to defer action to the new Board. Much discussion followed.


Commissioner Hawkins strongly suggested based on the variances between the draft agreement we sent to Asheville and the draft agreement we got back, to defer action on this agreement. Following much more discussion it was the consensus of the Board to defer action at this time. 



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


1. (a)(3)           To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, 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 a claim.



2. (a)(6)           To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee.


All voted in favor and the motion carried.



Commissioner Hawkins made the motion to adjourn.  All voted in favor and the motion carried.






                                                                                                                                                              Elizabeth W. Corn, Clerk to the Board                      Grady Hawkins, Chairman