STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                               JUNE 2, 2003


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


Those present were:  Chairman Grady Hawkins, Vice-Chairman Larry Young, Commissioner Bill Moyer, Commissioner Charlie Messer, Commissioner Shannon Baldwin,  County Manager David E. Nicholson, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.


Also present were: Planning Director Karen C. Smith, Budget and Management Director Selena Coffey, Fire Marshal/Emergency Management Coordinator Rocky Hyder, Public Information Officer Chris S. Coulson, Paralegal Connie Rayfield, Assistant County Attorney Russell Burrell, Finance Director J. Carey McLelland, and Deputy Clerk to the Board Amy Brantley.



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



Chairman Hawkins led the Pledge of Allegiance to the American Flag.



David Nicholson gave the invocation.



Chairman Hawkins added one item to the consent agenda - Improvement Guarantee for Sunrise Ridge Subdivision.


He noted that the County Attorney had passed around a new sheet for closed session with one additional reason for going into closed session this evening, three reasons total.


Commissioner Baldwin requested one item be placed under Discussion Items - Board Communication Policy.


Chairman Hawkins made the motion to approve the adjusted agenda.  All voted in favor and the motion carried.



Chairman Hawkins made the motion to approve the consent agenda, including the addition of the Improvement Guarantee.  All voted in favor and the motion carried.   The consent agenda consisted of the following:



Draft minutes were presented to the Board for review and approval of the following meetings:

May 20, 2003, special called meeting

May 21, 2003, regular meeting

May 23, 2003, special called meeting

May 27, 2003, special called meeting

May 28, 2003, special called meeting

Financial Report - April 2003

Cash Balance Report - April 2003

These two reports were presented for the Board=s information and for consent approval.


Non-departmental expense includes annual property/liability insurance premiums paid to the NCACC Risk Management Pools, which will be allocated out prior to fiscal year end.


The Revaluation Reserve Fund is reporting a year-to-date deficit primarily due to $45,000 in printing and postage expense incurred to mail out property reappraisal notices and brochures to the public.


The Travel and Tourism Fund year-to-date deficit is primarily due to a slowdown in the travel/tourism business and the annual magazine printing bill ($56K) paid in April.


The deficit reported in the CDBG-Scattered Site Housing is temporary due to a timing difference in the expenditure of funds and the subsequent requisition of funds to reimburse these expenditures.


The Human Services Building Project deficit is due to architectural fees and demolition/abatement work performed at the former Carolina Apparel Building.  It is anticipated that these costs will be recouped from financing proceeds for the project.


Henderson County Public Schools Financial Report - April 2003

The Schools monthly financial report was presented for consent approval.


Set Public Hearing on Rezoning Application #R-03-01 (R-40 to R-20)

Bernie Mann, Applicant/Executor for the Estate of Philip A. Mann

Bernie Mann had submitted an application requesting that the County rezone one (1) parcel totaling 3.82 acres from an R-40 Estate Residential zoning district to an R-20 Low-Density Residential zoning district.  The parcel proposed for rezoning (the Subject Parcel) is located on Kanuga Road (SR #1127) just Southwest of the intersection of Kanuga Road and Crooked Creek Road (SR #1267).


The Henderson County Planning Board reviewed the application at its meeting on Tuesday, May 20, 2003, and voted to send the Board of Commissioners an unfavorable recommendation on rezoning the subject parcel from R-40 to R-20.  Before taking action on the application, the Board of Commissioners must hold a Public Hearing.  Staff proposed that the Hearing be scheduled for Monday, July 7, 2003, at 7:00 p.m.


Update on County Comprehensive Plan and Other Major Planning Initiatives

Staff had provided an issue update which summarized the tasks related to the CCP and the other major planning initiatives that were completed over the last month.  The update also included anticipated actions for the coming months. 


Tax Collector=s Report

Terry F. Lyda, Henderson County Tax Collector, had provided the Tax Collector=s Report dated May 29, 2003, for the Board=s information.


Public Records Disposal Request

The Clerk=s office requested approval from the Board of Commissioners to duplicate the records listed on  the Public Records Disposal Request and Destruction Log in accordance with the County=s Records Retention Policy and the provisions of NCGS 132.7.  Once duplicated onto archival paper and stored in the Ordinance Docket, staff requested permission to destroy the original records.


Petition for addition to State Road system: 1.  Bill Owens Road

Staff had received one road petition for addition to the State Road system, for Bill Owens Road.  Property Addressing Staff had reviewed the petition and accompanying documents and recommended approval. 


It has been the practice of this Board to accept road petitions and forward them to NC DOT for their review.  It has also been the practice of the Board not to ask NC DOT to change the priority for roads on the paving priority list.


Request for Improvement Guarantee for Sunrise Ridge Subdivision

Roy P. Dalton had submitted an application for a subdivision improvement guarantee for a proposed subdivision he is developing known as Sunrise Ridge.  Sunrise Ridge is located off Pace Road and will contain 24 lots.  The Planning Board granted conditional approval of the combined Master Plan and Development Plan for the development on November 19, 2002.  The improvement guarantee is proposed to cover remaining road, public water system and soil stabilization improvements within Sunrise Ridge.


Pursuant to Section 170-38 of the Henderson County Code, a developer may, in lieu of completing all of the required improvements prior to Final Plat approval, post a performance guarantee to secure the County=s interest in seeing that satisfactory construction of incomplete improvements occurs.  One type of permitted guarantee is the deposit of cash or certified funds.  The developer intends to deposit with the County such funds in the amount of $41,925.00 which includes the cost of the remaining improvements ($33,540.00) as well as the required twenty-five percent (25%) contingency ($8,385.00).  The proposed completion date for the improvements is September 30, 2003.


A draft Performance Guarantee Agreement was presented for the Board=s consideration.  If the application is approved, the developer must deposit cash or certified funds in accordance with the terms of the Agreement.  Once such funds are received by the County, the County Attorney must certify the Agreement as to form prior to its execution by the Chairman and the developer.


The County Manager recommended that the Board approve the application for an improvement guarantee for Sunrise Ridge Subdivision, subject to the developer depositing cash or certified funds with the County in accordance with the terms of the draft Performance Guarantee and subject to the County Attorney=s reviewing and approving the Performance Guarantee Agreement as to form.



Environmental Advisory Committee

The Environmental Advisory Committee was created by the Board of Commissioners for a two year period on March 17, 1999, and was extended for an additional two year period on May 7, 2001.  At the March 21, 2003 meeting, the Board voted to extend the charter for the Environmental Advisory Committee indefinitely, and requested that staff research staggering the expiration dates of the Committee members so that not all the member=s terms would expire at the same time.


Staff recommended that the Board consider one-time appointments of three year terms for Positions #2, 4, 6 and 8. Such appointment would cause those positions to have an expiration date of June 30, 2006.  Positions # 1, 3, 5, 7 and 9 would continue with two-year appointments, and have an expiration date of June 30, 2005.  Each year thereafter, approximately 2 of the Committee members would experience an expiring term.


It was the consensus of the Board to stagger the terms as recommended above. 


Notification of Vacancies

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

1.                Senior Volunteer Services Advisory Council - 1 vac.

2.                Zoning Board of Adjustment, Laurel Park - 1 vac.



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

He took the Environmental Advisory Board out of sequence to discuss at this time (#4).  There are currently nine vacancies on this Committee.   Chairman Hawkins suggested that the people that are on the Environmental Advisory Committee who are interested in serving again be considered for the two-year terms in the rotation schedule.


Commissioner Baldwin nominated Katie Breckheimer, Marilyn Westphal , Bill Hiatt, Dennis Honnold, Jay Rogers, Larison Lambert, and Arthur Hudson.


Commissioner Young nominated Hall Waddell.


Commissioner Moyer nominated William Harper.


Chairman Hawkins nominated James Barnette.


Commissioner Moyer nominated Tony Campano.


There were a total of eleven nominees.  The Clerk will poll the Board at the next meeting for appointments.


1.                Alliance for Human Services - 1 vac.

Chairman Hawkins nominated Selena Coffey for reappointment.  He moved to accept Ms. Coffey by acclamation.  All voted in favor and the motion carried.


2.                Blue Ridge Community College Board of Trustees - 2 vac.

Commissioner Moyer nominated Dr. Robert  Dowdeswell.


Commissioner Messer nominated Russell Burrell.


Commissioner Young nominated Dr. Richard Todd.


Commissioner Moyer nominated Tom Orr.


Chairman Hawkins nominated Ted Carland.


There were five nominees.  The Clerk will poll the Board at the next meeting.


3.                Cane Creek Water and Sewer District Advisory Committee - 4 vac.

Chairman Hawkins nominated Richard Meadows.


Commissioner Messer nominated John Davis, if he=ll serve again.  He has not yet responded to the letter.


Chairman Hawkins made the motion to accept both by acclamation pending Mr. Davis= consent.  All voted in favor and the motion carried.


4.                Environmental Advisory Committee - 9 vac. 

See nominations above.


5.                Henderson County Board of Health - 3 vac.

Chairman Hawkins nominated William Martin to position #4. There were no other nominations at this time.

Chairman Hawkins made the motion to accept Mr. Martin by acclamation.  All voted in favor and the motion carried.


Some of these positions are by profession. # 4 is the Veterinarian position, # 6 is the Pharmacist position, and # 10 is the at-large position.


6.                Jury Commission - 1 vac.

Commissioner Messer nominated Dutch Burdette.  Chairman Hawkins made the motion to accept Mr. Burdette by acclamation.  All voted in favor and the motion carried.


7.                Juvenile Crime Prevention Council - 19 vac.

Commissioner Moyer nominated those who had indicated yes: #4 Athena Brooks, #7 Karen Couch, #20 Kevin Lauritsen, #21 Maria White , #23 Jim Gaillard, and # 24 Margo Nagel.


Chairman Hawkins nominated Rodney Wesson to position #5.


Commissioner Moyer nominated Commissioner Baldwin for reappointment to position #11.


Commissioner Young nominated David Nicholson for reappointment to position #8.


Chairman Hawkins made the motion to appoint this slate of nominees by acclamation.


Commissioner Moyer nominated Ben McKay and Robbie Goolsby.


Chairman Hawkins made the motion to appoint this entire slate of nominees by acclamation.  All voted in favor and the motion carried.


There were eleven appointments made with eight remaining vacancies.


8.                Land-of-Sky Regional Council Advisory Council on Aging - 2 vac.

Commissioner Messer nominated Lloyd Steen.


Chairman Hawkins nominated Patricia Stanley.


Chairman Hawkins made the motion to accept these two by acclamation.  All voted in favor and the motion carried.


9.                Library Board of Trustees - 2 vac.

Commissioner Moyer nominated Stan Shelley.


Chairman Hawkins nominated Candler Willis.


Commissioner Moyer nominated Madeline Daubert.


There were three nominees for two vacancies.  The Clerk will poll the Board at the next meeting.


10.             Mountain Area Workforce Development Board - 2 vac.

Chairman Hawkins nominated David Sink for one of the positions.  There were no other nominations at this time.  Chairman Hawkins made the motion to accept Dr. Sink by acclamation.  All voted in favor and the motion carried. 


11.             Nursing/Adult Care Home Community Advisory Committee - 9 vac.

Chairman Hawkins nominated Cheryl Patterson to position # 11. There were no other nominations at this time.


Chairman Hawkins made the motion to accept Ms. Patterson by acclamation.  All voted in favor and the motion carried.


12.             SmartStart - 1 vac.

Commissioner Moyer nominated Miriam Plexico. Chairman Hawkins made the motion to accept  Ms. Plexico by acclamation.  All voted in favor and the motion carried.


13.             Solid Waste Committee - Appointment of a Chairman

The members of the Solid Waste Committee were made aware that Mr. Fsrrell would not be able to serve as Chairman.  Mr. Bill Ramsey had indicated that he would fill that position.


Chairman Hawkins made the motion to appoint Bill Ramsey as Chairman. All voted in favor and the motion carried.



Chairman Hawkins reminded those present that the Board had held a public hearing on this issue.  The Board gave direction to staff.


Staff had prepared a clean copy per the Board=s request (without strikethroughs and add-ins showing) of the revised basic Animal Control Ordinance with technical corrections as made by the Legal Department (white pages).  Also presented for the Board=s information was the basic Animal Control Ordinance with strikethroughs and add-ins indicated (green pages).  Lastly, per the Board=s direction was the draft Ordinance including amendments # 2, 3, 7 and 9 as proposed by the Board of Health (blue pages).  Three versions were presented for Board review.


Mrs. Beeker reviewed the three versions with the Board.  She explained that Mr. Tom Bridges, Health Director, and his staff are in the process of gathering the additional information that the Board had requested  specific to how much staff would be needed for each of the different amendments as well as information on a spay/neuter program. 


Associated with the basic ordinance, staff anticipates that if it is enforced in the county only or in all the municipalities it would require the addition of at least one staff member. 


Mrs. Beeker explained that the definition of dangerous dogs has been expanded over the current statutory definition.  Our current animal control ordinance does not address dangerous dogs, it is governed by statute. We do enforce dangerous dog provisions in the county, outside of the municipalities.  The way it is drafted in the new ordinance will bring more dogs under that definition of what a dangerous dog is.  There is an aggressive civil penalty strategy to encourage compliance.  The Board had asked for some data on civil penalties other counties were charging and staff is gathering that information.  It does not change the current enforcement of animal cruelty.  There are some provisions that refer to animal mistreatment but basically that is not providing adequate food, water, and shelter for an animal.  Animal abuse is currently enforced by the Henderson County Sheriff=s Department pursuant to criminal law and this ordinance does not change that. Mrs. Beeker stated that the basic ordinance does not directly address stray animals.  Amendment # 3 would address being able to pick up a dog seen running at large (a stray). If the Board enacts either the licensing requirement or the leash law, this would be a non-issue. It would be covered.


Mrs. Beeker addressed several amendments:

Amendment # 2

Expands the definition of public nuisance.


Amendment # 3

Restraint or leash law.


Amendment # 7

Animal license tax, registration, and noncommercial kennels/breeder=s licensing.


There was much discussion regarding addition of amendments to the basic ordinance and the need for more space in the animal shelter as amendments are added. 


Mr. Bridges addressed the Board stating that he had rethought the organization of his staff and the fact that he is losing his Environmental Health Director and will have to replace him.  He feels it necessary to hire an Animal Control Supervisor just to enact the basic ordinance. 


If the Commissioners adopt the basic ordinance, they want to know what it will take in staffing and funding to provide a reasonable quality level of service, better than what we are doing now.  They also want to know the additional staffing and funding required if they add any of the amendments.  The Board requested this information from staff for the next meeting along with facility requirements for basic and for addition of any of the amendments.



1. Eva Ritchey - Ms. Ritchey stated that we don=t need a basic ordinance.  We=ve gone far too long with half measures.  We=re not taking care of our animal community and protecting our citizens.  She stated that we need amendment # 7.  AIf we=re not gonna do it right, I don=t see why we bother at all.@ 


Ms. Ritchey stated that the School Board was present to talk to the Board about education.  She worked in education for ten years and has had kids in the system for twenty.  She stated she was very disappointed in the education budget, stating it was a bread and peanut butter budget, no jelly, or the least they think they can come up here and get from the Board.  She stated that we do not have the kind of public education in the county that we could have.  AIf you want to have first rate education in Henderson County, you=ve got to pay for it.@


Ms. Ritchey also discussed the Health and Human Services building .  She had read in the newspaper that the Board was considering taking the building down and building a new building.  She asked that the Commissioners please not build a cheap building but rather one that would reflect our community=s pride.



Rocky Hyder, County Fire Marshal, came forward and bragged a little on our Fire and Rescue Advisory Committee.  They have done an exceptional job reviewing the fire department budgets in detail.  The recommendations have been well considered.


Mr. Hyder recognized Chief Darryl Russell from Saluda Volunteer Fire Department and Mike Huggins and Roger Freeman from Etowah Fire Department.


Chairman Hawkins echoed the fine job that had been done by the Fire and Rescue Advisory Committee.  He stated that Valley Hill and Mills River have actually reduced the budget below revenue neutral and certainly should be commended for that effort.     Some of the recommendations from the Fire and Rescue Advisory Committee were not what the fire departments asked for; therefore, the Board asked if anyone from the fire departments wished to address the Board to make their case.


Chief Mike Huggins, Etowah/Horse Shoe, stated that they had gone before the Advisory Board requesting to stay at 8 cents.  They=ve rethought things and have cut a few things and are now willing to cut to 7.5 cents, which will allow them to do two projects they=re working on.  They can still get the new rescue truck they=re checking on as a replacement.  The annual payment on the truck would be $60,000.  It would also allow them to make a $16,667.00 payment on the new substation they=re working on.  If they had to drop back to 7 cents they would not be able to pursue the station 2 project.  They currently have an ISO rating of class IV, one of only two departments in the State with a class IV rating.  The growth in that area of their district dictates having a building there.  It=s in the neighborhood of Cummings Cove subdivision. 


Chief Darryl Russell, Saluda Fire Department, stated that they cover part of Henderson County, part of Polk County and the City of Saluda.  Their contract with other Counties and City states that if they reduce their tax rate in one municipality they have to reduce their tax rate in all municipalities they serve.  In doing so they would lose $24,000.  They cannot afford that.  They are in the final stages of building a new fire station at a cost near $600,000.  They have bought a new truck.  They are working towards part-time paid men. 


There were no other departments with representatives present.


Commissioner Moyer asked Mr. Hyder if he had heard from Dana or Edneyville Fire Departments with respect to whether they are willing to accept the recommended tax rate.  Mr. Hyder responded that they were willing to accept the recommended tax rate.  Mr. Hyder explained that the fire departments receive their budgets in January with projected district values for their districts.  That number certainly changes in a revaluation year.  In many of the cases it changed to their advantage so they were able to lower their rate more because their district would generate more revenue for them and they were willing to do so.



Chairman Hawkins called a brief technical break to change videotapes.


PUBLIC HEARING - Fiscal Year 2003 Budget

At 7:24 p.m. Chairman Hawkins made the motion for the Board to go into public hearing on the FY 2003 - 2004 budget.  All voted in favor and the motion carried.


Mr. Nicholson stated that the public hearing had been advertised in accordance with North Carolina General Statutes.  Copies of the budget have been made available for the public at the Clerk to the Board=s office, the County Manager=s office, the main branch of the public library and on our website. 


Public Input

1.Dick Baird - Mr. Baird commended Mr. Nicholson,  Ms. Coffey, and Mr. McLelland for the fine budget they have prepared in such a professional manner.  He had reviewed the revenue neutral calculation and came very close to the recommended tax rate at 45.46 cents.  Adding the 0.64 for Mills River he calculated a revenue neutral figure of 46.1 cents.  He was satisfied with the recommended tax rate.   He noted that the new Town of Mills River will cost Henderson County tax payers $1.1 million dollars per year for the next couple of years. 


He calculated the Tax Collector=s estimate of what he will collect this year in all categories versus the assessment.  He collects 100.14% of the taxes assessed, with interest and everything. 


He then turned to the expenditure side of the budget stating that worker=s compensation and medical insurance Aate our lunch@ this year.  He stated that Governing Body should cut $10,000 from their budget and set an example.  He stated that individuals should be making contributions to non-profits and charities, not government. He favored the cancellation of the Cable Department in this year=s budget.  He questioned the funding for Habitat for Humanity since it is a charity.  He stated that he did not see any capital proposal for doing anything toward the 5 year plan for recreation.  He applauded the recommendation that the classroom size reductions not be funded. He felt there should be a 1 cent tax rate increase to go toward the Historic Courthouse project.


2. Jim Howard - Mr. Howard spoke on behalf of Alliance for Human Services, being a member of the Board. He was requesting county funding for ten human service agencies.  The Alliance is the creation of the Blue Ribbon Commission which was formed in 1997 through a partnership of the County, the Community Foundation, and the United Way.  These are the three principal sources of funding for human service agencies within our county.  Their mission is to strengthen the delivery of human services in Henderson County by fostering efficiency and effectiveness within the agency and promoting collaboration among the agencies to improve their interaction.  The responsibility given to them by the County Commissioners is to make annual recommendations of funding for community human service agencies that apply to the county for financial support.  This is the fourth year they have made these recommendations.  They are very aware of the financial pressures the county is under. 


C                  The Dispute Settlement Center saves taxpayers an estimated $980 for every case that they resolve without resort to the courts. 


C                  The MediFind Program at IAM provided more than $1.3 million worth of much needed prescription medications for our citizens last year.  That=s a 26 to 1 return on investment for the money that has been contributed to them by the various funders.


C                  SSEACO provides both vocational and developmental training for disabled clients, putting people in jobs and allowing them to become productive citizens of our community. 


C                  Meals on Wheels Program at the Council on Aging spends about $1,200 a year to provide food which allows elderly homebound clients to live independently avoiding the prohibitive cost of nursing home care.


As in the case with the Dispute Settlement Center and HomeAid, which is another of the agencies that have requested funding, they use county funding as matches for dollars in getting grants from other sources so the money is multiplied by the agencies.


C                  The Blue Ridge Literacy Council had 258 clients this past year that met predefined financial goals; clients either enrolled in basic adult literacy which is English speaking people who need to become literate and English as a second language programs.  These predefined goals included things such as getting a job, getting a better job, getting a promotion at the job, or buying a home. 


The Agency estimates that these accomplishments have added as much as $511,000 to the local economy.


3. Ervin Bazzle - Mr. Bazzle stated that we do have a first rate education system in Henderson County.  We have a model Joint Facilities Board.  Our S.A.T. scores are third in WNC and eighth in the State. We had ten Schools of Distinction last year and five Schools of Excellence.  The School Board has 21 facilities. 


He stated that the School Board and the Board of County Commissioners have worked very well together for the past year.  The School Board has worked with the Board of Commissioners in every phase of their operations.  In five years we have built three new schools and have almost finished another one, we=ve added onto two middle schools and will finish refurbishing another middle school this fall. 


He mentioned the cleanliness and safety of our schools stating that it is very different from the deplorable conditions we had just five years ago. They are different now because of funding.  


He stated that the School Board is mindful of what is happening in Raleigh and of where the economy is.


He requested a joint meeting with the Board of Commissioners to discuss their budget request. He stated that if their budget request is cut it will have a serious impact.  He stated AIf we=re funded at the recommended level, we=re not just standing still, (I=m talking about the County Manager=s recommendation) we=re going backward and it=s gonna take more to get back to where we are now, it will take more.@


4. Ken Butcher - Mr. Butcher addressed the proposed budget, stating that he found it disturbing for various reasons at several different levels.  He briefly discussed some of the numbers on the hand-out from Dr. Bazzle.  He discussed accountability and reminded the Board that Henderson County has the 5th lowest tax rate in North Carolina. He asked the Board not to adopt the County Manager=s recommended budget.


5. Melissa Mauer - Ms. Mauer reviewed the ACapital Budget@ side of Mr. Bazzles=s hand-out. She stated that this is the season for capital budget repairs in the schools, they don=t do a lot of that while the children are in the buildings.  She stated AThis capital budget as proposed by the County Manager has the effect of undermining the progress of the past five years and has the potential to adversely impact the safety and health of the children of Henderson County.@ She stated that safety and health factors were a consideration by the Board of Education.


Ms. Mauer explained that the sewerage field at Dana is no longer operating, the rainy weather has done it in.  They have been pumping and hauling for the last 6-8 weeks to the tune of $10,000 per month.  Work with the Health Department up to this point has shown that either a package treatment plant or a sewer line extension is needed.  Preliminary estimates show that there will be only a $60,000 difference in a treatment plant and extension of the sewer line.  The estimated cost will run between $400,000 to $500,000.  They also closed out the school year pumping and hauling at Mills River.


She mentioned the need for ceiling/roof repair at Hendersonville High School stating that the auditorium is used by the entire community, not just the school.  AWe respectfully request that you move beyond the County Manager=s recommendations and fund the requests that were submitted to you after a very deliberate and responsible process by the Board of Education.@


6. Sallie Carr - Ms. Carr has taught first or second grade for the past 16 years.  She was formerly at Bruce Drysdale and is now at Hillandale Elementary.  She addressed elementary classroom size stating that at the beginning of the school year she had 26 students and was down to 16 students by the end of the year.  She discussed what a change that made in the attention she was able to offer individual students.       


7. Dr. Tom Burnham - Dr. Burnham addressed the interest income and the $800,000 which was in their Capital fund at the end of April.  He stated that does not include school bus purchases which were paid for in May nor does it include the final phase of the Etowah construction projection which will be paid out in May and June.  It does not include other summer projects which are encumbered.  Those funds will be expended, there will not be $800,000 remaining in the Capital Budget at the end of June.


Chairman Hawkins made the motion to close the public hearing at 8:16 p.m.  All voted in favor and the motion carried.    The Board took no other action at this time.


Chairman Hawkins reminded the Board that the State Government withheld $500,000 of this county=s money by taking the ADM funds which this Board had programmed to make debt service payment on the schools.



Chairman Hawkins mentioned the need for an additional budget workshop which had not been set as yet. Following discussion, Chairman Hawkins made the motion to set a budget workshop for Tuesday, June 10 at 7:00 p.m. which will also be a joint meeting with the Board of Education.  All voted in favor and the motion carried.



Commissioner Baldwin felt there should be an agreement between the Commissioners of a certain protocol relating to Board Communications.  He felt that once the Board makes a decision on an issue that Commissioners should then project a united front about that issue instead of offering their individual views, when they differ.


Some Commissioners disagreed. No action was taken.



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


3.(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.



Chairman Hawkins made the motion to adjourn the meeting at 9:45 p.m.  All voted in favor and the motion carried.






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