MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON AUGUST 16, 2000

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

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

Also present were: Finance Director J. Carey McLelland, Public Information Officer Chris S. Coulson, Assistant County Attorney Jennifer O. Jackson, Planning Director Karen C. Smith, and County Engineer Gary Tweed.

Absent was: Assistant to the County Manager Selena Coffey.

CALL TO ORDER/WELCOME

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

PLEDGE OF ALLEGIANCE

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

INVOCATION

Rev. Rhonda Davis, Chaplain from Margaret R. Pardee Memorial Hospital, gave the invocation.

DISCUSSION/ADJUSTMENT OF AGENDA

Chairman Hawkins requested an addition to the Consent Agenda - a Resolution honoring Robert G. Parrish, Sr. He asked that Commissioner Gordon read that Resolution at this time.

RESOLUTION

WHEREAS, The Honorable Robert G. Parrish, Sr. became the first Mayor for the Town of Fletcher in December 1989 and served in this role until his death; and,

WHEREAS, Mayor Parrish was dedicated throughout his tenure in his efforts in seeking solutions that work for his community and all of the Henderson County citizens; and,

WHEREAS, During his tenure, Mayor Parrish served on various boards and committees, which include, but are not limited to:

C Chairman of the Land of Sky Regional Council in 1998 and 1999

C Chairman on the Municipal Planning Organization (MPO) for the Asheville Urban Area

C North Carolina Joint Regional Forum

C Henderson County Transportation Committee

C WNC Highway Corridors Association

C Henderson County Local Government Committee for Cooperative Action (LGCCA)

C North Carolina League of Municipalities on the Environmental and Natural

Resources (EENR) Committee; and,

WHEREAS, That even during his illness, Mayor Parrish continued to serve his community; and,

WHEREAS, Mayor Parrish promoted good will throughout Henderson County by his devout leadership, civic service, and enthusiasm.

NOW, BE IT THEREFORE RESOLVED, the Henderson County Board of Commissioners honors the late Honorable Mayor Robert G. Parrish, Sr. for his efforts on behalf of all of the citizens of the Town of Fletcher, Henderson County and the State of North Carolina.

Adopted this 16^th day of August, 2000.

SIGNED BY:

Grady Hawkins, Chairman

Henderson County Board of Commissioners

ATTEST:

Elizabeth W. Corn, Clerk to the Board

Commissioner Ward requested an addition to the consent agenda and asked Commissioner Kumor to read it - a Proclamation for ACommunity Health Center Week@.

Commissioner Kumor read:

PROCLAMATION

WHEREAS, Across our Country, August 20 - 27, 2000 has been designated as National Community Health Center Week; and,

WHEREAS, Henderson County is fortunate to have the local Blue Ridge Community Health Center; and,

WHEREAS, Blue Ridge Community Health Center provides needed medical care to many of our citizens; and,

NOW, BE IT THEREFORE RESOLVED, the Henderson County Board of Commissioners proclaims the week of August 20 - 27, 2000 locally as Community Health Center Week and expresses its appreciation to the Board Members and Staff of the Blue Ridge Community Health Center for their efforts in providing medical care to the citizens of Henderson County.

Adopted this 16^th day of August, 2000.

SIGNED BY:

Grady Hawkins, Chairman

Henderson County Board of Commissioners

ATTEST:

Elizabeth W. Corn, Clerk to the Board

Commissioner Moyer requested one addition to the Discussion Items - AAnimal Care & Safety@.

Commissioner Kumor requested one addition to the Update on Pending Issues as #3 - AConvention Report@.

Angela Beeker distributed an additional list of 425 release requests on motor vehicles. These need to be added to the tax releases on the consent agenda.

It was the consensus of the Board to accept all the above adjustments to the agenda.

CONSENT AGENDA

Chairman Hawkins made the motion to approve the Consent Agenda with the amendments above. All voted in favor and the motion carried. The CONSENT AGENDA consisted of the following:

Minutes

Minutes were presented for the Board=s review and approval of the following meetings: July 26, 2000, regular meeting.

Final Acceptance of Offer for Lot #25, Block 8, Osceola Lake Subdivision

Henderson County recently received an Offer to Purchase Lot 25, Block 8, Osceola Lake Subdivision from Mark Case for $300.00. (This property was acquired by the County pursuant to a Sheriff=s Sale, held for the nonpayment of taxes in 1982.) At the July 3, 2000 meeting, the Board of Commissioners gave a proposed acceptance of the Offer to Purchase and directed that the Offer be advertised for Upset Bid, and that the property be posted with notice of the Offer.

We received a total of two (2) upset bids, the latest being a bid in the amount of Five Hundred Fifty Dollars and No/100s ($550.00), again from Mark Case. This bid for $550.00 was advertised for upset bids; however, no further upset bids were received. It would therefore be appropriate for the Board to accept or to reject this latest upset bid in the amount of $550.00

Staff had prepared a Resolution and Quitclaim Deed for the Board=s convenience if they wish to give final acceptance today.

Detention Center Capital Improvement Project Monthly Report

The Board had been given a monthly report for July 2000 on the Detention Center. There were no change orders processed this month.

Request for Improvement Guarantee for The Pathways of Solomon Jones Subdivision

Mr. Alan Rieger, of Conceptual Planning Associates, on behalf of Solomon, L.L.C., had submitted a request for approval of a subdivision improvement guarantee. Mr. Rieger would like to post an irrevocable letter of credit to cover the cost of the remaining water, road and drainage improvements in The Pathways of Solomon Jones subdivision. The Henderson County Planning Board approved a Preliminary Plan for The Pathways of Solomon Jones on May 4, 1999 subject to several conditions. On July 27, 1999, the Planning Board approved an amended Preliminary Plan. The conditions from the May 4, 1999 approval remained applicable.

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. Mr. Rieger intends to secure an irrevocable letter of credit from BB&T in the amount of $235,721.44, which includes the cost of the remaining improvements as well as the required contingency amount of twenty-five percent (25%). The proposed completion date for the improvements is November 1, 2000.

Should the Board choose to approve the improvement guarantee request, a draft Performance Guarantee Agreement had been prepared by staff for the Board=s consideration. If the request is approved, the developer must submit the letter of credit in accordance with the terms of the Agreement. The County Attorney must review the letter of credit and certify the Agreement as to form prior to its execution by the Chairman and the developer.

Tax Refunds

A list of seventeen (17) refund requests had been submitted by the County Assessor for review and approval by the Board of Commissioners.

Tax Releases

A list of one hundred twenty-three (123) tax release requests had been submitted by the County Assessor for review and approval by the Board of Commissioners, as well as the additional list of 425 releases on motor vehicles (from adjustments above).

NOMINATIONS

Notification of Vacancies

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

1. Apple Country Greenway Commission - 1 vac.

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

Nominations

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

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

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

2. Juvenile Crime Prevention Council - 1 vac.

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

3. Mountain Area Workforce Development Board - 1 vac.

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

4. Child Fatality Prevention Team - 1 vac.

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

5. Recreation Advisory Board - 1 vac.

There were two nominations at the last meeting for this one vacancy - Gary Eblen and Roy Huntley.

Commissioner Ward stated that his son, Rusty Ward, would be submitting his resignation from the Recreation Advisory Board because he is going to continue his education and cannot make the Tuesday night meetings. Rusty Ward will show up as a ANotification of Vacancy@ as soon as we receive his resignation.

The Board was polled, each one getting one vote. Gary Eblen got three of the five votes and therefore is the new appointee to the Recreation Advisory Board filling the unexpired term of John Shepherd (resigned).

ANNUAL REPORT TO THE CITIZENS

David Nicholson distributed the 2000 AAnnual Report to the Citizens@ to the Board, as required by NC Law. He reminded the Board that last year=s AAnnual Report to the Citizens@ won a national award. This year the information was condensed and scaled down to help make it a more useful document for the citizens.

TAX COLLECTOR ISSUES

Angela Beeker stated that it is the time of year when tax bills are about to go out. Before the tax bills can be delivered to the Tax Collector to be mailed, a number of things have to occur.

Prepayments

The Tax Collector must deliver any duplicate bills printed for prepayments received by the Tax Collector to the Finance Director and demonstrate to the Finance Director=s satisfaction that all prepayments received have been deposited. The Tax Collector had indicated that no prepayments were received; therefore, no action regarding this step was necessary.

Settlement

The Tax Collector must make settlement with the Board of Commissioners for all taxes placed in his hands for collection for the past year.

The Tax Collector=s settlement for FY 1999 taxes is in a three ring binder that has been filed with the Clerk to the Board. It is in the form required by Statute. A summary of the settlement was included as part of the agenda packet. Approval of the settlement is required. Settlement for delinquent taxes was contained in the report included in the agenda packet, with supplemental information being handed out at the meeting. There is no statutory form required for the settlement for delinquent taxes. The delinquent tax settlement must also be approved by the Board.

Darlene Burgess, Deputy Tax Collector, read her letter to the Board dated August 7, 2000, regarding action for collection of delinquent property taxes (which is attached as a part of these minutes). The current year collection rate of annual tax bills at the close of this fiscal year for GO1 is 97.49% and is 96.30% overall (including motor vehicles bills), which is the highest collection rate we have had in the history of Henderson County.

Angela Beeker briefly discussed the insolvent=s list. She was available to answer questions. She stated that the Board must accept the settlement and the insolvent=s list. Mrs. Beeker and Mrs. Burgess answered some questions the Board had.

Commissioner Moyer made the motion to adopt a resolution accepting the current and delinquent settlement and to accept the insolvent=s list as presented to the Board today. All voted in favor and the motion carried. The insolvent=s list for FY 99 taxes, archived in Volume I of the Henderson County Insolvent=s List in the Clerk=s Office, is hereby incorporated by reference and made a part of these minutes.

Bond

Angela Beeker informed the Board that it is time to set the amount of the Tax Collector and Deputy Tax Collector=s bond. Currently is a bond for the Tax Collector for $1,000,000 and for the Deputy Tax Collector $500,000.

Following discussion, it was the consensus of the Board that no change in the amounts of the bonds was necessary.

Chairman Hawkins made the motion to set the bond as presented for the Tax Collector and the Deputy Tax Collector. All voted in favor and the motion carried.

Order of Collection

An Order of Collection must be adopted at this meeting which will charge the Tax Collector with the collection of FY 2000 taxes, plus all outstanding delinquent taxes. An Order of Collection had been prepared by staff for the Board=s adoption.

Commissioner Gordon made the motion to adopt the Order of Collection for the Tax Collector as presented. All voted in favor and the motion carried.

Motor Vehicles

Angela Beeker stated that the Tax Collector has the authority to process a refund or a release on a motor vehicle bill where the owner has transferred the tag or surrendered the tag. The tax payer gets a prorated release or refund depending on what time of the tax year the plate was surrendered or transferred. The Assessor=s office has been performing that function as well as generating the reports that are required to be sent to DMV of unpaid motor vehicles. Ms. Beeker suggested that the Board name Mr. Baird as a Deputy Tax Collector for two purposes only, to be in strict compliance with the statute: 105-330.6 which is the surrender of plates statute and 105-330.7 which is the generation of that report and sending it to motor vehicles.

Commissioner Moyer made the motion to appoint Robert Baird (Assessor) as a Deputy Tax Collector for one year for the two purposes listed above and to set bond at $0. In the meantime, Robert and Terry should look at the procedure to see if it can be improved upon. All voted in favor and the motion carried.

Organizational Issues

Chairman Hawkins stated that there are a couple of organizational issues that the Board discussed this time last year. He stated that many counties have seen fit to have the Tax Assessor and Tax Collector functions under a single administrator which they call a Tax Supervisor. He felt that the change in technology is one of the main reasons for the change. He stated that the Machinery Act is an old, outdated document which also affects the interaction of these two departments. The Board has shown interest in looking at some kind of consolidation of the Tax Collector and Tax Assessor=s Office. Henderson County is one of about three of one hundred counties that still has an elected Tax Collector. The procedure for selection of our Tax Collector by election was set up in about 1939. Chairman Hawkins asked Angela Beeker to discuss what must happen to change the set up of the two offices in our county.

Commissioner Moyer stated that he is not sold on the idea of consolidation of the two offices yet but stated that we should study it and see what the ramifications of putting the two together would be and whether it is right for this county. He would like to see the Commissioners visit a couple of counties where they have a joint operation, see what the pros and cons are, and see what their experiences have been. The operation costs should be reviewed also.

Commissioner Gordon stated that we just had a very successful reassessment. The Tax Assessor=s Office did a good job. Our tax collection rate is one of the best in the State. She stated that maybe we are doing something right.

Angela Beeker stated that procedurally what would have to happen would depend on when the Board would want this to occur. Right now, with an elected Tax Collector, his duties cannot be taken away from him and new duties can only be added to him with his agreement. The statute says that you can appoint the duties of the Assessor to an elected Tax Collector but he would have to accept those duties. AAs long as you have an elected Tax Collector, that=s about the only way it could occur because if you don=t have an elected Tax Collector and you have an appointed Tax Collector and you know you have an appointed Assessor and you can appoint the same person to assume both of those roles under the statute.@

Commissioner Moyer asked if it would be possible that Terry could resign his position and enter into a contractural position with the Board that would define the duties of each position and we could move forward. Mrs. Beeker stated that yes that could happen but all the local bills that say that that=s an elected office would have to be repealed.

Chairman Hawkins asked for some correspondence with other counties that are operating this way and to meet with Mr. Baird and Mr. Lyda.

Mrs. Beeker stated that whomever would assume these duties would also have to meet the statutory requirements for both positions including the training, testing, etc.

Staff will research this issue with the other counties of the State and bring back the information to the Board.

Monthly Tax Collector=s Report

David Nicholson reminded the Board that he had distributed the regular monthly report from the Tax Collector.

SALE OF FOXWOOD DRIVE PROPERTY

Staff had prepared a proposed resolution authorizing the County Attorney and Staff to proceed with the sale of a portion of that property recently purchased by the County adjacent to the Solid Waste Management Facility on Stoney Mountain Road, the property being located on Foxwood Drive. The County has many options for disposing of this property. The Resolution contemplates the use of the sealed bid method. This would require that the Board set a minimum bid on the property and authorize the County Attorney to proceed with the sale as outlined in the prepared Resolution.

The map shows the property subdivided into two parcels. It was proposed that these two parcels be sold as a package. A recent appraisal of the two parcels combined states the value at $344,000. It would be appropriate for the Board to take action by setting the minimum bid (if desired) and authorizing the County Attorney and Staff to put the property out for sealed bid.

Gary Tweed showed the property in question on a map and explained where the house, barn, etc. are located on the property.

Following discussion, it was the consensus of the Board to hold a public auction rather than sealed bids. Staff will do the necessary detailed documentation and bring it back to the Board so this can be accomplished.

ARCHITECTURAL AGREEMENT FOR COUNTY SERVICES BUILDING

Angela Beeker reminded the Board that at the last meeting, the Board authorized Staff to proceed to negotiate an architectural services agreement with the firm of Harley Ellis/Asheville. Ms. Beeker, Mr. Nicholson and Mr. Blalock met with Doug Campbell who is a principal in that firm last week. Henderson County is not ready to enter into a full blown architectural services agreement. Harley Ellis/Asheville prefers to charge Henderson County for their services on a lump sum basis, not as a percentage of the construction costs. The Board has not yet determined the scope of the building or the project; therefore, Mr. Campbell could not quote a lump sum cost for the total project.

Mr. Campbell had suggested that we enter into an architectural services agreement just to get us through the schematic design phase. At that point he would be able to quote a more accurate figure as to what it would cost for them to complete the project, subject to negotiation. Angela Beeker distributed a hand-out which she referred to.

The flow chart in the hand-out outlined the process to get us through the schematic design phase on the County Services Building. The Board has a workshop scheduled for August 24. The Board will be asked to make some decisions at that meeting. If the Board is not prepared to make decisions at that meeting, another meeting will have to be scheduled but then the rest of the flow chart cannot proceed until the Board makes some decisions for the architects. Following the workshop, the architectural firm will review all the work that has been done by Stuart Stepp. The architects will then meet with each of the proposed groups who will be located in the building: Department of Social Services, Health Department, Board of Elections, County Administration, and the Land Development employees, to present what was done before and gather more information. The architect will then decide what the department requirements are and consult with the County Manager. Following the consultation with the Manager, the schematic plan will be developed, followed by another consultation with the County Manager. Then the architect will take the schematic plans back to the individual departments to confirm their needs and then refine the schematic floor plans, based on feedback and again consult with the County Manager to develop exterior theme sketches, consult with the County Manager again, and then bring that back to the Board of Commissioners for approval or change. The schematics would then be refined and consultation with the County Manager would occur before developing the construction estimate and schedule, completing this phase. We would then negotiate the comprehensive architectural services agreement.

Ms. Beeker recommended that in the first set of meetings with the departments, to include both the Boards and the Staff, for the departments which have Boards and then for the next set of meetings with Departments to have the Department Head and Chairman only. The price quoted for this limited services agreement is $79,000, billed at their actual cost, not to exceed $79,000.

Following discussion, Commissioner Moyer made the motion to approve the limited service agreement and authorize the Chairman to execute same when the Legal Department is satisfied that it is in final form. All voted in favor and the motion carried.

INFORMAL PUBLIC COMMENTS

There were none.

HOLIDAY SCHEDULE

At the Board=s request, the County Manager had reviewed the County=s holiday schedule in light of holiday schedules adopted by other counties and the State of North Carolina. The County Manager recommended that the Board consider revising its holiday schedule to make it consistent with the State=s schedule. This will bring Henderson County=s schedule in line with the vast majority of other counties across the State.

The changes to Henderson County=s schedule would be addition of Martin Luther King, Jr.=s Birthday and a slight change in the days taken at Christmas (3 days when Christmas falls on a Tuesday, Wednesday, or Thursday; 2 days in all other cases). Staff had presented a revised Section 6.0 to the Personnel Resolution in case the Commissioners chose to make the recommended changes to the County Holiday Schedule.

Chairman Hawkins made the motion to adopt the recommended change to the County Holiday Schedule and approve the revision to the Personnel Resolution, effective in 2001. All voted in favor and the motion carried.

CLOSED SESSION

Commissioner Kumor 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. And to consider and give instructions to the attorney concerning the handling or settlement of the following lawsuit:

Village of Flat Rock v. Swing and Henderson County, 00-CVS-1189

All voted in favor and the motion carried.

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

PUBLIC HEARING - To Consider a Request for Industrial Revenue Bonds for

Andy Petree Racing, Inc.

Chairman Hawkins made the motion for the Board to go into Public Hearing at approximately 11:07 a.m. All voted in favor and the motion carried.

This public hearing was held to consider the issuance of Industrial Revenue Bonds in the amount of $5.0 million by the Industrial Facilities and Pollution Control Financing Authority (the AAuthority@) to benefit Andy Petree Racing, Inc. The bonds will be used to construct and equip a 63,000 square foot facility in Henderson County and to acquire, renovate and equip two existing facilities for the manufacture of race cars and related parts. The Rules and Procedures of the North Carolina Department of Commerce require that the Board of Commissioners approve in principal any project to be financed with Industrial Revenue Bonds. If completed, this project will bring 15 jobs to Henderson County from Buncombe County, and will create an additional 10 new jobs. This will bring their employment base to 96-100 people in Henderson County. The average wage rates for these jobs will be $22.50 per hour. If approved, the bonds will be fully backed by a letter of credit by Wachovia Bank, which means that neither the County nor the State will have any responsibility toward the repayment of these bonds.

Public Input

1. Scott Hamilton - Mr. Hamilton, with Greater Hendersonville Chamber of Commerce, thanked the Board for their time and consideration in holding this public hearing. He asked that the Board approve this project in principal, stating again that Henderson County will not have any responsibility toward the repayment of these industrial bonds.

2. Kristin Connors - Ms. Connors stated that on May 23 the Industrial Facilities and Pollution Control Authority met for the first time to consider the issuance of the bonds and to give its preliminary approval to the bonds. This action is necessary under Federal Tax Law so that the Company can start spending money that will later be reimbursed by the bond proceeds. The Company then prepared an application to the Department of Commerce in Raleigh and as part of that application the Commerce Department requires that the County Commissioners of the County in which the bonds will be issued meet and approve the project and the issuance of the bonds in principal and the requirement that there be a public hearing is a Federal Tax Law requirement. As part of the Commerce application, the Company has to certify that it will meet the average manufacturing wages of the County and the Company also has to make a job certification to Commerce. Part of the Commerce application also involves a review of the project by the Department of Environment and Natural Resources and that department has to sign off before the project can be approved. Subject to those requirements, the Department of Commerce will review and approve the project and issue a State Volume Cap for the Bonds. The Bonds then go to the Local Government Commission which is the State oversight agency for the public debt issued in North Carolina. They conduct a complimentary but separate review of the project and the ability of the Company to repay the bonds. Part of that application requires that the bonds either be directly purchased by a bank or be backed by a letter of credit. In this case, the bonds will be backed by a letter of credit by Wachovia Bank. After the Local Government Commission gives its approval to the bonds there is yet another step. The Company has to come back to the Authority to get final approval for the bonds and the various documents that will be signed in connection with the issuance of the bonds.

Neither the faith in credit of the County nor the Authority are pledged to payment of the bonds. That rests solely upon the Company.

3. Steve Barkdoll - Mr. Barkdoll, Vice-President and General Manager of Andy Petree Racing, stated that they are glad to be located in Henderson County. He stated that they are not a race track but a racing team. They manufacture race cars. There are only three teams in the Winston Cup that manufacture everything in house, they are one of those teams. They currently employ about 78 people in the Henderson County area. With the new project and new building they will bring 14 new jobs to the Henderson County area from Buncombe area and create 6-10 jobs over the next three years, at least. With the growth of Nascar like it is today it could be many more jobs for the area. They meet the average salary, being above the average salary of manufacturing jobs in the area. They used a local general contractor to build, currently being in the middle of building the project. They bought the land and are building a 63,000 square foot area where the cars will just be manufactured. There will be no engines manufactured in the new building. They will have office space in the new building also. The project will be finished some time in late October but because the season runs through the third week in November, they will probably not move into the new building until some time in November.

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

Commissioner Kumor introduced the following resolution, the title of which was read:

APPROVAL IN PRINCIPAL OF INDUSTRIAL PROJECT FOR

ANDY PETREE RACING, INC., AND THE FINANCING

THEREOF WITH INDUSTRIAL REVENUE BONDS IN THE

PRINCIPAL AMOUNT OF UP TO $5,000,000

WHEREAS, the Henderson County Industrial Facilities and Pollution Control Financing

Authority (the AAuthority@) has agreed to assist in the financing under the North Carolina

Industrial and Pollution Facilities Financing Act (the AAct@) of an industrial project by

Andy Petree Racing, Inc. (the ACompany@), to acquire, construct and equip a 63,000 square foot

facility and to acquire, renovate and equip two existing facilities for the manufacture of race cars

and related parts (the AProject@) in Flat Rock, Henderson County, North Carolina, and has

indicated that agreement by the execution of an Inducement Agreement between the parties dated

May 23, 2000, and;

WHEREAS, under 159C-7 of the North Carolina General Statutes each project must be

approved by the Secretary of the Department of Commerce and under Article 51B of Chapter

143 of the North Carolina General Statutes, the Federal Tax Reform Allocation Committee must

allocate a sufficient amount of North Carolina=s Avolume cap,@ as defined in Section 146 of the

Internal Revenue Code of 1986, as amended (the ACode@) to the financing; and

WHEREAS, the Rules of Procedures of the North Carolina Department of Commerce

require that the governing body of a county approve in principle any project to be financed under

the Act; and

Commissioner Kumor moved the passage of the foregoing resolution and Chairman Hawkins seconded the motion, and the resolution was passed by the following vote:

Ayes: Commissioners Hawkins, Moyer, Kumor, Ward and Gordon.

Nays: None

Not voting: None

Commissioner Gordon stated that she is comfortable in approving this project and thinks it is an excellent opportunity to point out some of the very positive benefits of this type of business in our community, it adds a dimension that=s important.

PUBLIC INPUT SESSION - Abandonment of Bridge # 42 on Stepp Mill Road (SR #1734)

Chairman Hawkins made the motion for the Board to go into Public Hearing. All voted in favor and the motion carried.

Karen Smith made the following staff comments from the Planning Department. The County has received a petition asking that the County request NCDOT to abandon and remove from the State Maintenance system Bridge # 42 which is located on Stepp Mill Road (SR #1734).

NCGS 136-63 sets out the procedure by which a road may be abandoned. This statute requires that before NCDOT abandons a road in the manner requested, the Board of Commissioners must take action to request that the road be abandoned. Such Board action must be based upon a finding that Athe best interest of the people of the County will be served thereby.@ At the August 7, 2000 meeting, the Board scheduled the public input session in order to receive public comments on the proposed abandonment of Bridge #42 on Stepp Mill Road. The Board also requested that the Planning Department conduct a study of the proposed abandonment. Due to the short time period between the August meetings of the Board of Commissioners, the Planning Department presented it=s impact study at this second meeting.

Staff sent letters informing the petitioners and property owners along Stepp Mill Road of the public input session and notice of such session was scheduled to be published in the Times-News on August 13, 2000. Staff also contacted the Sheriff, Fire Marshal and EMS Director about this matter and encouraged them to submit comments prior to the input session. The Planning Department will review comments received from safety officials in the impact study.

If the Board were to find that the best interest of the citizens of Henderson County would be served by the abandonment, appropriate action could be taken by the Board by the adoption of the proposed resolution which requests that the North Carolina Department of Transportation abandon Bridge # 42 on Stepp Mill Road (SR #1734).

Planning Staff=s Study

State Bridge #42 is on Stepp Mill Road. It is about one mile southeast of the intersection of Stepp Mill Road and Ridge Roads. The bridge is situated on top of a dam adjacent to the Stepp Mill. It is approximately 14 feet wide and 35 feet 3 inches long. There is a maximum weight capacity on the bridge for single vehicles that is 16 tons and for truck tractors and semi-trailers it=s 21 tons. Stepp Mill Road is paved from the intersection with Ridge Road for about 3/4 mile, then everything else to the southeast is a gravel surface. The right-of-way of Stepp Mill Road is about 40 feet however the road does narrow as you start to approach the bridge on either side. At several points along Stepp Mill Road, it is difficult for two passenger vehicles to pass each other and the bridge is a single lane bridge. There are some sharp curves on Stepp Mill Road which make it difficult to pass other vehicles. Based on a rough estimate, there are more than 80 households in the immediate vicinity of the bridge, at least 25 are to the northwest between the bridge and Big Oak Road, 55 or more are on the southeastern side of the bridge. Additional growth is expected in the area. She spoke of a 442 acre piece of property where a 79 lot subdivision has received development and plan approval from the Planning Board, it=s called Oleta Falls and it does access on the very southeast end of Stepp Mill on the southeast side of Union Hill. You do have to cross Union Hill Road from the bridge. That is the only development that Ms. Smith was aware of in the area.

Staff looked at some traffic count information that NC DOT has available. They looked at information between the time of 1996 and 1998 and found that an average of 295 vehicles per day were shown on the area just south of the bridge on Stepp Mill Road, compared to 755 vehicles on Oleta Road, 430 on Union Hill and 900 on Stepp Mill Road northeast of Chestnut Stump Road.

Looking at access - From general impressions it appears that the proposed abandonment would more significantly impact people on the southeast side of the bridge. They would have alternate access via Oleta Road and Union Hill Roads. Union Hill is paved in its entirety and the State is currently preparing to pave Oleta Road.

Staff contact Dr. Kohlan Flynn with the Board of Education Office just to get some information about school buses. Because of the bridge width and weight specifications, school buses do not cross the bridge. Dr. Flynn did not have any other comments to offer.

Correspondence with emergency services officials - Sheriff George Erwin did not have any concerns regarding the proposed abandonment. Fire Marshal Rocky Hyder said that currently the fire apparatus do not cross the bridge as it is. They have to respond via Union Hill or Oleta Roads but he did make a comment that it could delay volunteer fire fighters who are trying to arrive at the scene of a fire. Emergency Medical Services Director Tom Edmundson stated that ambulance service to households on the southeastern side of the bridge will be delayed by approximately seven minutes as a result of the abandonment. He also expressed hope that there would possibly be an alternative route rather than abandoning a bridge. Apparently ambulances are crossing the bridge at this time.

Staff suggested in their report that the Board take into consideration three points:

1. Access to homes, businesses, property and other sites in the vicinity of the bridge,

2. Traffic pressures related to future residential development, and

3. Comments from the EMS Director regarding ambulance response times.

Josh Freeman, Planner with the Planning Department, showed several photographs of the bridge and surrounding area including the pond, the mill, etc.

Staff had talked with someone from NC DOT who stated that if the bridge is closed, they will cul de sac the road on either side of the bridge. They did not receive any formal comments from NCDOT.

Chairman reminded the Board that we have received an additional petition to keep bridge # 42 open.

Angela Beeker stated that the Board must make a determination on the second petition but the Board=s job today is to determine whether it is in the best interest of the citizens to request that the bridge be closed. The Board has no authority beyond that point. The Department of Transportation will take the request and will have to make their own independent determination of whether the bridge should be closed. The Board of Transportation actually makes that decision. They have some independent authorities that have nothing to do with the Board of Commissioners, regardless of what the Board requests today. The final decision actually rests with NC DOT.

Public Input

1. Larry M. Mims - Mr. Mims lives off of Stepp Mill Road, through the bridge. He spoke in opposition to the bridge closing. He stated that there is no good reason to close the bridge. A new bridge is long overdue. This project has been on the map for three years.

2. Larry Justus - Mr. Justus requested to be allowed to speak last.

3. Alvin Stepp - Mr. Stepp mentioned the petition opposing the closing of the road. He turned in an additional two pages to be added to that petition. He asked that the Board take into consideration their petition asking that the bridge be maintained by NC DOT.

4. Thomas Sitton - Mr. Sitton has lived on the road approximately two years and crosses the bridge often. He thinks that the road has been there approximately 150 years and that it has been estimated that there are 350 - 400 cars crossing the bridge daily. Access would be cut off to many people if the bridge is closed. He stated that the pond is filled in with silt and weeds. He asked AWould you like to wait an extra seven minutes if you were having a heart attack for an EMT ...?@

5. Dan Coon - Mr. Coon lives above the bridge in the area that would be affected. He stated that it would be inconvenient but there are two other routes that can be taken. He doesn=t want to see someone put out of their house. He spoke in favor of the bridge abandonment.

6. Jennifer Coon - Ms. Coon also lives above the bridge and stated she would have to travel two more miles or so to get to wherever she wanted to go. She stated that this road is too narrow, it is too windy. She spoke in favor of the bridge abandonment. Her opinion was that this is convenience versus safety.

7. Amy Walden - Ms. Walden lives on the southeast end of Stepp Mill Road. She has owned the property for about ten years and lived there about six years. She spoke in favor of the abandonment of the bridge. She spoke of several near accidents and several accidents that have happened because of the narrowness of the road.

8. Kay Jones - Ms. Jones asked what would happen if the road is closed? Isn=t another bridge going to be built? Does anybody know?

Angela Beeker stated that it is up to NC DOT to make that determination. All that is at issue today is whether that bridge should be abandoned or not. That is the only issue before this Board today.

Ms. Jones stated that she lives on the southeast end of Stepp Mill Road and uses the road daily. She opposes the closing of the road.

9. Evelyn Hill-King - Ms. Hill-King stated that she came for information. She has heard some discussion on the bridge for years. She has lived on Union Hill Road since 1957. She has learned to drive cautiously, slowly, and to stay on her side of the road and watch out for other drivers. She spoke in opposition to the closing of the bridge.

10. Roy Murray, Jr. - Mr. Murray lives on the southeast end of the bridge, the person living the closest to the bridge. Mr. Murray stands to lose his home if the bridge is replaced. He spoke in favor of the abandonment. Mr. Murray has lived there more than two years, has never heard anything about the bridge. He stated that he felt the money could be used for something that is needed more. He spoke of the ducks, the frogs, and the aquatic life that live in the pond as well as the birds.

Larry Justus - Representative Justus stated that the bridge has been an on-going problem for years with the narrowness of the road.

History of the situation - Representative Justus=s Grandfather built part of the mill, part of it preceded his Grandfather. It is over 100 years old. Mr. Justus addressed the fact that others had brought up about the mill not being cared for. He said if they would walk around the back they would see the thousands of dollars that have been spent to take care of the flood damage that happened to the mill a few years ago. He stated that the mill is a historic place. The little building adjacent to the mill was an old post office. If a new bridge is built, a historic building will be destroyed and probably damage the old post office. Mr. Justus stated that it will not always look like it looks now, he plans to clean it up and make it a place of beauty once again.

He mentioned the housing development that will be built nearby. Not long ago, a gentleman stopped by and asked to go in with Mr. Justus on cleaning up the mill and restoring it to working condition so that the homeowners in the new development could drive by and see the wheel turning. He stated that the road on the other side of Stepp Mill bridge is so steep that even if it were paved, it would be hazardous in inclement weather.

He asked that the record show that he and his wife, Carolyn, wish to be a good neighbor. They would like for people to have access to their homes. They will do everything in their power to see that they do. He also pointed out that it is just as quick to get to Dana from the top of Union Hill Road going down Oleta Road as it is to come through Stepp Mill Road. It=s just as quick from the mid point of Union Hill Road to get to Hendersonville so there=s not that much inconvenience.

He explained his idea about why Stepp Mill Road is not paved, which was political.

Mr. Justus questioned some of the petitioner=s signatures on the opposition petition.

Mr. Justus read a letter into the record that he received this morning:

ATo Whom It May Concern:

Recently there has been a petition being signed in our community concerning keeping

Stepp Mill Road open. My Father and I, being long-term property owners in the community, signed this petition; however, we were lied to and not advised of all the facts regarding the closing of the road and bridge.@

In other words, he told Mr. Justus that he was told that Mr. Justus was in favor of closing the bridge and that=s the only reason they signed it.

Mr. Justus stated that probably the best thing to do would be recommend closing the road and let the State deal with it. Mr. Justus stated that condemnation is supposed to be used only when there is a pressing public use and no other way to solve the problem.

He stated that he is dedicated to finding a solution that everybody can live with.

11. Charles Justus - Mr. Justus has lived on Stepp Mill and Union Hill for 20 years. For 18 years he was an advocate to get Stepp Mill widened and paved and an advocate to do something about the bridge. Five or six years ago, residents circulated a petition to get something done about the bridge. When the petition was circulated, Mr. Justus put a footnote on it that he and his wife would donate the whole entire 50 feet for the state right-of-way from Union Hill to the bridge. They never heard a word back concerning this. Two years ago the Murrays put their house in on a knoll and invested in a well, septic tank, house, underpinning, etc. Now they have three kids that will have to pick up and move, why?

12. Larry Glover - Mr. Glover lives at the top of Stepp Mill Road and has for approximately 10 years. He spoke in favor of the abandonment of the bridge.

13. Mary Sexton - Ms. Sexton spoke about compassion versus inconvenience. She spoke in favor of the abandonment of the bridge.

? Lady from above spoke again - She spoke in favor of the abandonment of the bridge. She spoke about the alternate traffic patterns.

14. Carolyn Justus - Mrs. Justus lives at the bridge. She stated that she and Larry were in Raleigh when the State held the public hearing on the bridge. She heard from her neighbors that it was not an orderly meeting and that nothing could be resolved.

She stated that Roy Murray had done a phenomenal job of not only trying to protect his own land but trying to bring the neighbors together in agreement. He had passed around the petition for signatures before the Justuses ever saw the petition.

? Man from above spoke again - He stated that he would hate to see Mr. Murray lose his property. He couldn=t understand why a compromise couldn=t be reached to keep the road open and not take the Murray property.

Larry Glover spoke again - Mr. Glover stated that there is a way to keep the road open - if Mr. Justus fixes the dam so that the bridge is on a stable foundation. The road could stay just like it is. The state folks in Raleigh need to agree as to the condition of the foundation of the bridge.

Commissioner Ward made the motion to out of Public Input. All voted in favor and the motion carried.

There was much discussion.

Angela Beeker asked to be able to make one point here - the DOT on it=s own right now could abandon the bridge and replace it with another bridge but the DOT cannot on it=s own right now just decide to abandon that bridge. They have to replace it if they on their own authority abandon it. If the Board of Commissioners requests that the bridge be closed, then they will have to decide whether to abandon the bridge and just leave it or replace it on their own authority. If the Board does not request abandonment, DOT does not have the option of just abandoning the road, as she reads the statutes.

Following more discussion, it was the consensus of the Board to relay to the NC Department of Transportation via a strong letter a request that they meet again with the residents of the area to try to come up with a solution and to express the significant safety concerns. The Board of Commissioners has not heard from DOT and therefore has not heard from one of the major players here. They do not know of any alternate plans DOT may have. It was the consensus of the Board that they did not have enough information to make a decision at this time. At such time as the Board feels that they have sufficient information, they will place this back on the Board agenda.

Chairman Hawkins called a 10 minute recess.

IMPORTANT DATES

Chairman Hawkins stated that Commissioner Ward had a conflict with the workshop scheduled on August 24 at 1:00 p.m. It was the decision of the Board to move that meeting to 8:30 a.m.

Chairman Hawkins had talked with Chairman Lapsley of the DSS Board about holding a joint meeting. Mr. Lapsley could meet on September 25. That meeting was set for 3:00 p.m.

Commissioner Ward had another commitment and left at this time.

ENVIRONMENTAL ADVISORY COMMITTEE ANNUAL REPORT

Pursuant to the Environmental Advisory Committee=s (EAC) Charter, AThe Committee will give periodic reports on its activities six months initially, then annually to the Board of Commissioners@. The Committee has been meeting for one year.

Ken Weitzen, Chair of the Committee, gave the Board an update on the EAC=s activities to date.

Mr. Weitzen stated that this report covers the second six months of the Environmental Committee=s first year. A six-month report was submitted on January 19, 2000, that covered the monthly meetings from August 1999 through January 2000. This report outlines the progress made from February through July 2000.

Western North Carolina Regional Litter Summit. EAC representatives attended the meeting at Haywood Community College in March 2000. This was the kick-off for the Clean NC 2000 campaign for this part of the state.

Ken Weitzen felt disappointed in the meeting, that there really wasn=t any specific support for local communities to work on Clean NC 2000. It was more an anti-litter pep rally.

Bonclarken/Charlotte Christian School Service Project. EAC coordinated a service project which resulted in 75 students plus staff and EAC picking up litter at five local sites in March of 2000, three of which were county parks.

Recycling Forum. EAC representatives attended the meeting at the Henderson County Public Library in March of 2000.

Adopt-A-Highway. EAC set a goal to increase Adopt-A-Highway contracts in the county, and sent letters of appreciation to program volunteers in April 2000. This was part of EAC=s anti-litter campaign. They are studying the maps that show where the major gaps are and trying to fill those gaps.

Alternative Fuels Vehicles. Completed study and made recommendations to the BOC in April 2000. They did an extensive study and recommended that the County take a wait and see approach to alternative fuel vehicles.

Chairman Hawkins added that Henderson County quietly switched to BP Amoco low sulfur fuel for the county fleet of vehicles. We=d been using low sulfur fuel all along in our diesel fleet.

Litter Hotline. Developed and implemented a litter hotline in April 2000. At the end of six months of operation, they plan to evaluate extensively and report to the Board. This is the only area where they have requested county funding and it is to pay for the ads in the newspaper.

Household Hazardous Waste Proposal. EAC studied the plan and recommended in May 2000 that the Board of Commissioner approve the proposal.

VWIN Program. Consulted with James Hutcherson (BRCC) and Mary Jo Padgett (ECO) in March of 2000. EAC representatives attended VWIN ATen Year Celebration@ program at UNCA in June 2000. EAC invited Rick Maas (EQI) and Marylin Westphal, VWIN Project Manager, to attend the August 9, 2000 EAC meeting. They agreed to attend to update the EAC on VWIN and answer any questions regarding the program.

Big Sweep. EAC submitted a resolution to the Board of Commissioners declaring September 16, 2000, as Big Sweep Day. EAC agreed to work with a local Big Sweep Committee to plan and implement a major clean up of Mud Creek. They also plan to look at water quality in a more general way.

Ken Weitzen thanked the Board and stated the appreciation for the staff support they have received from Nippy Page. He spoke briefly about attendance requirements and stated that they may come back to the Board with a recommendation to revisit the attendance requirements and possibly tighten them up some.

Commissioner Moyer stated that Clean NC 2000 could have been much more effective, but an education program for schools and for the public is necessary and it just has not been forth-coming from the State. The Committee did good work but the counties cannot fund the education program that is needed.

UPDATE ON PENDING ISSUES

1. Assignment of Economic Development

Chairman Hawkins stated that this was a left-over house keeping item from the implementation of a County Legal Department. The Assistant County Manager had been doing this for the Board but now we don=t have an Assistant County Manager. Someone needs appointed to keep up with the Economic Development Package, the computations and do the monitoring.

Mr. Nicholson volunteered to handle the initial role in Economic Development. Mr. Nicholson stated that Economic Development is a three-pronged approach:

1. Guidelines, the economic development guidelines allow staff to go into any discussion with an industry with some information in hand,

2. Contract, the Legal Department will have to be heavily involved in this part of the process,

3. Monitoring, part of this duty will go to the Legal Department, as the Paralegal=s responsibility.

2. Safety Handbook

David Nicholson distributed to the Board the recently published Henderson County Employees= Safety & Health Handbook. The handbook summarizes our many required OSHA programs that we have a guideline for. It gives the employees the opportunity to go to one place to look up all the county=s rules and regulations on safety and health issues.

As County Employees, the Commissioners must sign the back page acknowledging receipt of a copy of the handbook and turn it back in to the Human Resource Department (HRD).

3. Convention Report

Commissioner Kumor attended a workshop at the NACo Conference on AJoint Use Agreements@. Communities are beginning joint use agreements with their school boards because of the school facilities located in communities across the state and how all the citizens can take advantage of the school facilities by such an agreement drawn up up-front. Schools may be a good place to have small community parks.

She had a packet of information on the topic which she will share with the Board.

TRANSPORTATION ADVISORY COMMITTEE=S REPORT

Commissioner Moyer is Chairman of the Transportation Advisory Committee. He presented their six month report to the Board of Commissioners.

The Transportation Advisory Committee has held five meetings since the Board of Commissioners established it in February 2000. The Committee consists of representatives from the County, the four municipalities, the School Board, Sheriff=s Department, North Carolina Department of Transportation and various interested citizens. Although they have just started down the road of identifying the varied transportation issues, Mr. Moyer believes that this Advisory Board has the potential to address any important safety and other transportation improvements in our community.

March 2, 2000

The Committee=s first meeting was primarily organizational. It included a review of the Committee=s Charter as established by the Board of Commissioners. These objectives include the following:

C Review and make recommendations on the Clear Creek Connector

C Assist with the development of a Thoroughfare Plan

C Review and make recommendations of TIP Projects

C Recommend transportation enhancements or safety projects

The Committee heard from Ed Green, District Engineer with the Department of Transportation. Mr. Green asked the Committee to assist DOT with identifying safety concerns and briefly discussed some funding options. Mr. Green will be supplying the Committee with accident information and traffic counts. Dr Kohlan Flynn will provide the Committee with the school bus driver road safety concerns. Captain Rodney Raines of the Sheriff=s Department will also provide a listing of road safety issues. Mr. Ray Bryson will gather safety information from other emergency service providers.

April 13, 2000

The Committee heard a presentation from Ms. Nora McCann. Ms. McCann is the NCDOT Transportation Engineer who will be assisting with the development of both the County and City of Hendersonville=s Thoroughfare Plans. NCDOT will begin gathering information on population, housing, employment, traffic flows, accident history and roadway and bridge safety. Informational public workshops will be held to seek local input on the Plan. A public hearing is required to receive formal comments. NCDOT will not adopt the Plan until the unit of government has approved it. The State model should be available for review in January or February of 2001.

The Committee also discussed various upcoming transportation public hearings, again discussed the DOT funding stream, and received the information on road safety concerns from various members.

May 25, 20000

The Committee heard a detailed presentation from Ron Leatherwood, NCDOT 14^th Division Board Member, on DOT=s funding stream and allocation process. The total DOT budget is over 3 billion dollars. These funds come from the Federal Government, gasoline tax, fees and State funds. The major expenditures are TIP Construction, highway maintenance, agency funding, administration, municipal aid and TIP Adjustments.

Mr. Leatherwood also addressed several specific projects for Henderson County. These included US 64 West, Upward Road, Short Street Extension, and the need for breaks in the I-26 guardrails. Mr. Leatherwood encouraged the Committee to suggest projects for the Small Urban Funds.

June 29, 2000

The Committee reviewed a draft set of By-laws and Rules of Procedure the County=s Legal Staff had prepared. After approving these drafts, the Committee heard about Land of Sky Regional Council=s Inter-Modal Technical and Policy Advisory Committee=s work. This group is developing a seamless transportation system for the region. The Committee will request a presentation on this group=s work at a later date.

The Committee went on record requesting that NCDOT consider preserving the High Bridge over US 176 that was scheduled to be demolished when the new bridge is completed. The Committee agreed to work with persons in this area for uses of the bridge.

The Committee learned that DOT has begun the initial data gathering for the Thoroughfare Plan. Staff was asked to investigate the benefits of creating a Rural Planning Organization or RPO. The Committee expressed its interest in coordination of the City and County=s Plans. The Committee also discussed the next TIP and the process of reviewing it.

July 27, 2000

The Committee organized itself into four sub-committees. These sub-committees, which will report back to the full Board, are Safety, Thoroughfare Plan, Transportation Improvement Plan and Public Transportation.

Ed Green gave his presentation on high traffic/accident areas. The criteria that DOT uses to establish these concerns come from the Highway Patrol. Mr. Green will be working with the Safety Sub-Committee. The Committee also discussed the High Bridge. DOT has decided to save the bridge for pedestrian use. Discussion was held concerning future uses of the bridge.

The Committee discussed transportation issues with Ed Green such as US 64 West, resurfacing projects, Church Street and Upward Road.

Summary

The Transportation Advisory Committee has begun to address several important issues in our County. Mr. Moyer stated that they look forward to working with the North Carolina Department of Transportation on major projects such as the Thoroughfare Plan and T.I.P. within the next year.

CANE CREEK WATER & SEWER DISTRICT

There was no business.

MUD CREEK WATER & SEWER DISTRICT

There was no business.

ANIMAL CARE & SAFETY

This was an add-on by Commissioner Moyer. He stated that since this has been getting so much attention in the newspaper lately, he felt that it would be good for the Board of Commissioners to talk about concern in this area and about what is being done by the Board of Health and others. Obviously there is a concern about the care of animals in the community and animal cruelty. Mr. Moyer feels that there is a lack of adequate information. You hear about the cruelty cases but with no quantfication of types, etc.

Commissioner Moyer got a call from Linda Monteith, Director of the Humane Society, who was mentioning the type of complaints they are getting. Commissioner Moyer asked her to start to keep a log of the types of complaints they get. She will do this for two months and give the Board a report. Mr. Moyer stated that it will be good to get some concrete information, see the type of problems that are developing and then take the appropriate action.

Commissioner Gordon reminded those present that the recent budget approval included some additional staffing for the Animal Shelter, the county operated facility. Part of the job duties of one of the additional staff persons will be initial investigation of animal cruelty reports, then referring those to the Sheriff=s Department once they establish validity. A recent conversation with Brenda Miller disclosed that they are in the process of interviewing for that position and hopes to have someone on board real soon. There is a training time involved here before the program can be up and running. She reinforced that the Board is concerned about these complaints and is taking steps to address them.

David Nicholson explained how the process will work:

C an initial call will go out to animal control

C animal control will go out and look at the cruelty issue

C they will handle the issue if it is a matter of talking to the owner

and getting water, food, or shade for the animal

C if the animal control officer is threatened or if it is truly cruelty, the animal

control officer will radio the Sheriff=s Department for help.

Animal cruelty is a felony in the State of North Carolina. The Animal Control Officers will not be enforcing this but rather the Sheriff=s Department staff will.

Chairman Hawkins also explained that the County is in the process of looking at upgrading the animal shelter. It has also been suggested that as we expand our use of cable TV that we video the animals available for adoption so that they can be shown on cable TV, channel #11.

There being no further business, the meeting was adjourned by the Chairman.

Attest:

Elizabeth W. Corn, Clerk to the Board

Grady Hawkins, Chairman