MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON NOVEMBER 15, 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.

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: Planning Director Karen C. Smith, Assistant County Attorney Jennifer O. Jackson, Public Information Officer Chris S. Coulson, Finance Director J. Carey McLelland, and County Engineer Gary Tweed. Office Assistant/Volunteer Coordinator Amy Brantley was present through Nominations.

CALL TO ORDER/WELCOME

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

PLEDGE OF ALLEGIANCE

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

INVOCATION

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

DISCUSSION/ADJUSTMENT OF AGENDA

Chairman Hawkins requested that Discussion Item AC@ be pulled from the agenda - AWater Policies and Rate Schedule@.

It was the consensus of the Board to approve the above adjustments.

CONSENT AGENDA

Chairman Hawkins asked the County Manager to address item AE@ - AHoliday Schedule - Revision to the Personnel Resolution.@

Mr. Nicholson requested the Board to amend the Personnel Resolution to allow us to set our holidays when they fall on a week-end on either a Friday or a Monday. Currently the Resolution states that when the holiday falls on a week-end we will celebrate on Monday. This sometimes causes a problem as it did July 4 and again this past week-end for Veteran=s Day. Some of our State staff in the Courthouse were off on Friday and worked Monday. Henderson County Staff worked Friday and were off on Monday. He had distributed the preferred wording change to correct this. Our intent is to follow the State Schedule, whenever possible.

Chairman Hawkins asked Commissioner Kumor to read the Recognition Resolution in the agenda packet.

The Resolution is attached as a part of these minutes. It is a Resolution commending the Henderson County Local Emergency Planning Committee on being the outstanding local emergency planning committee in the State of North Carolina for 2000 and expressed its appreciation for the efforts of the Committee to serve our community.

Recognition - Commissioner Renee Kumor

Chairman Hawkins reminded all those present that today was Commissioner Kumor=s last regular meeting for the Board of Commissioners. She has given eight years of service to the County as a Commissioner and is to be commended for that and all her associated work for the community. He presented her with a plaque in appreciation for her outstanding service from December 7, 1992 to December 4, 2000. Applause followed.

David Nicholson presented Commissioner Kumor a gift from her staff. It was a crystal candy dish and some of her Afavorite candy@.

Chairman Hawkins made the motion to approve the Consent Agenda with the suggested corrections to the minutes by Vice-Chair Moyer. All voted in favor and the motion carried. The Consent Agenda included the following:

Minutes

Minutes were presented for the Board=s review and approval of the October 18, 2000, regular meeting. The Board had not received an early draft of these minutes; therefore, Commissioner Moyer had several small corrections to suggest. The Board was in agreement.

Tax Refunds

A list of twenty-two tax refund requests was presented for Board approval.

Tax Releases

A list of fifty-three tax release requests was presented for Board approval

Road Petitions

Staff had received a petition for addition to the State Maintenance System for Augusta Court in Etowah=s Reach.

It has been the practice of this Board to accept these road petitions and forward them on to NC DOT for their consideration.

Holiday Schedule

On August 16, 2000, the Board approved an amendment to the Personnel Resolution which modified the County=s holiday schedule to be effective January 1, 2001. It has been discovered that the amendment was not quite complete. The Board was asked to consider making the following minor modification:

AWhen a holiday falls on a Saturday or Sunday, either the

Friday before or the Monday after shall be observed as the holiday. The schedule of actual dates will be issued on a calender basis.@

The underlined portions represent the text that is proposed to be added. The Board was presented the entire Section 6.0 of the Personnel Resolution, with the amendment shown. This amendment will allow the County=s holiday schedule to match the holiday schedule of the State of North Carolina.

Tax Collector=s Report

Terry F. Lyda, Tax Collector, had provided the Tax Collectors report for the Board=s information, dated through November 14, 2000.

Darlene Burgess, Deputy Tax Collector, had also provided the Deputy Tax Collector=s Report to the Board dated through November 13, 2000.

Detention Center Project Report

The monthly Capital Improvements Project Report for the new Detention Center was presented for information only.

Recognition & Awards

Henderson County=s Local Emergency Planning Committee has been named the A2000 North Carolina Outstanding Local Emergency Committee@.

NOMINATIONS

Notification of Vacancies

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

1. 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 - 2 vac.

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

2. Mountain Area Workforce Development Board - 2 vac.

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

3. Child Fatality Prevention Team - 1 vac.

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

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

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

5. Downtown Hendersonville, Inc. - 1 vac.

There were no nominations at this time so this item was rolled to the next meeting. The Chairman suggested that staff send a letter to Downtown Hendersonville, Inc. to ask for suggested nominees.

6. Juvenile Crime Prevention Council - 1 vac.

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

7. Fire and Rescue Advisory Committee - 7 vac.

Rocky Hyder, Fire Marshal, informed the Board that the Fire & Rescue Association met last night and their nominees were Bill Hill, Rick Livingston, and Jerry Pace. The Board had been awaiting the Association=s nominees so there would not be duplication. Chairman Hawkins placed those three names in nomination.

Chairman Hawkins nominated Chip Gould. Commissioner Ward nominated Gary Brown from East Flat Rock and Lee Roy Nicholson from Dana. Commissioner Moyer nominated Gary Jones.

Commissioner Kumor read from the by-laws AThree members at large shall be appointed from the unincorporated county/community. The appointee shall not be affiliated with Henderson County Government nor have been affiliated members of such organization for the past three years. In order to be eligible the applicant must be subject to the fire district tax and a full time resident of Henderson County for the last five years.@ She questioned whether the above nominees meet the criteria in the by-laws. Article III, Section II - Membership and Composition.

Chairman Hawkins asked staff to investigate the nominees/criteria prior to the next meeting.

8. Hendersonville Zoning Board of Adjustment - 1 vac.

Chairman Hawkins nominated Terry Hatley. Chairman Hawkins made the motion to suspend the rules and appoint Mr. Hatley. All voted in favor and the motion carried.

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

Chairman Hawkins nominated Robert Fleming for this alternate position from the Kanuga district. Chairman Hawkins made the motion to suspend the rules and appoint Mr. Fleming. All voted in favor and the motion carried.

10. Apple Country Greenway Commission - 1 vac.

Commissioner Moyer nominated Erica Thompson. Chairman Hawkins nominated Dan Gilbert. A vote will be taken at the next meeting.

HENDERSON COUNTY COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 1999-2000

A copy of the report was distributed to the Board of Commissioners.

Carey McLelland briefly reviewed the Comprehensive Annual Financial Report (CAFR) with the Board, stating that it was a good report. A copy of the audit report will be placed in the Library for public review. Mr. McLelland commended his staff for the job they do.

Mr. Bill Smith of Crisp Hughes Evans LLP, the Engagement Manager on the job, presented an executive level report to the Board. Mr. Smith explained that Henderson County received an unqualified opinion which is a clean opinion. There were no instances of noncompliance and no material weaknesses in controls. He commended the Board for the increase in fund balance over the last couple of years. Mr. Smith commended Carey McLelland and his staff for the outstanding job that they do.

Mr. Brian Broom, Senior Manager with Crisp Hughes Evans LLP, was also in attendance and available to answer questions.

EMS PROPOSAL

During the FY 2000-2001 Budget process, the Board approved funding for additional staff and equipment for the Emergency Medical Services. The Board requested that staff prepare a presentation on satellite stations and staffing.

Terry Layne, Assistant Director of EMS, reminded the Board that Henderson County EMS was established in 1975 and became a Paramedic Service in 1980. They were the 9^th county in North Carolina to have paramedics. He informed the Board of the EMS Mission Statement AOur Mission is to provide excellence in emergency medical care for the ill and injured within our county, by providing professional and timely response to emergency situations through commitment to education, training and >state-of-the-art= equipment.@

Henderson County EMS responds to approximately 7,000 calls annually, employing 35 personnel and a medical director with one main station and one satellite station with four crews and four shifts to man them. He explained their medical capabilities. Their proposal was to build a southeast station and add a full time crew for that station. The main reason for this proposal was to help with response times. They are in need of an ambulance, advanced life support equipment and paramedical personnel. Their interim plan is to include funds in fiscal year 2000-2001 for these needs. Their immediate need is to staff during peak times. They plan to work with Pardee Hospital to establish the southeast station somewhere near Upward Road/I-26. They will need to add additional personnel to fully staff the new station when it is completed.

EMS=s request was for four additional personnel for peak hours. They will occupy a fifth unit during peak hours. The request was also for a southeast satellite station where 27% of the calls originate. They currently have a 10-12 minute response time in the southeast part of the county. Much discussion followed.

Chairman Hawkins stated that as best he could recall, funding had already been set aside in this budget for four positions. Commissioner Ward made the motion to authorize the filling of the additional four positions as recommended by EMS. All voted in favor and the motion carried.

UPDATE ON PENDING ISSUES

This is an effort to keep the lines of communication open. It gives the Chairman an opportunity to bring the Board up to date on issues that occur between meetings. It is also the time to ask for direction so that we can develop our public position on current and upcoming topics.

T.A.C.- Intercity Transportation Resolution

Commissioner Moyer distributed the modified resolution for the Board=s review. Commissioner Moyer stated that the resolution from Land-of-Sky was sent to the Transportation Advisory Committee for discussion. The modification to the resolution is in the ANow Therefore@ paragraph where the focus was on intercity public transportation routes and it has been expanded to cover public transportation routes. Commissioner Moyer stated that was also discussion about Land-of-Sky Regional Council coordinating this activity so some additional language to the point that assistance is needed and requested for Land-of-Sky Regional Council for continued regional coordination of these transportation services was included as a specific item.

Following much discussion, Commissioner Kumor made the motion to adopt the modified resolution as presented today. She modified her motion to reflect a change suggested by Commissioner Ward - Ato provide financial assistance to study and initiate@. A vote was taken and the motion carried three to two with Commissioners Hawkins and Gordon voting nay.

INFORMAL PUBLIC COMMENTS

There were none signed up to speak.

Mr. Sherman stood and asked to have some time to comment a little later on the agenda. His attorney had not arrived, who planned to speak for him.

Chairman Hawkins stated that he could have some time later in the meeting.

Chairman Hawkins called a 10 minute recess.

PUBLIC HEARING - LOCAL LAW ENFORCEMENT GRANT

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

Sheriff Erwin explained that the purpose of this public hearing was to receive public comments on a proposed grant for the Henderson County Sheriff=s Department in the amount of $15,803. The local match of $1,756 will be taken from funds already budgeted to the Sheriff. He thanked the Board for their consideration of this request. Sheriff Erwin explained that during the past year the Sheriff=s Department has brought in nearly $195,000 in federal grant monies.

Public Input

There was none.

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

Chairman Hawkins made the motion to approve the application for the grant as presented. All voted in favor and the motion carried.

EMS Revenue Study

Carey McLelland explained that the NC Association of County Commissioners has been working on a multi-year project for EMS revenue enhancement for both Medicaid and Medicare. They are looking at increasing the Medicaid receipts to county EMS=s by completing an annual cost finding report. Henderson County has that report completed. It should be ready for the County Manager to sign and will be sent this week. The report is due by the end of November. It is estimated that at least $5,000,000 would be distributed to counties annually from this effort. We don=t know how much Henderson County would get.

Mr. McLelland explained that on the Medicare side there is a Federal Rate Setting Committee that has recommended new national EMS reimbursement rates to be phased in over four years which would start in January of 2001. These rates would dramatically increase the Medicare revenues that would come to NC counties. Both of these would have an impact on our budget as far as revenues are concerned.

The NCACC is also seeking federal budget appropriation to approve an ability to claim new mileage rates of $5.00 for all trips beginning in January 2001.

In order for counties to receive the maximum authorized Medicaid/Medicare payments, county charges would have to equal or exceed the Medicare and Medicaid rates.

Commissioner Kumor added that the Executive Director of the NCACC is on the national committee that is doing the study. It might be appropriate to approach him and ask if it would be helpful to do some lobbying efforts with our elected officials. This Board has a good working relationship with Congressman Taylor and our U.S. Senators.

Henderson County accepts assignment, some counties do not.

This was an update. No action was required.

COMMITTEE OF 100 - BUSINESS INCUBATOR PROPOSAL

Scott Hamilton, Vice-President of the Committee of 100, informed the Board that the Executive Committee of the Committee of 100 had directed him to investigate the feasibility of establishing a business incubator in Henderson County. He assembled several representatives from area businesses to serve on a task force to accomplish this goal. Task Force members included Labor Spooner with BellSouth, Tom Cooper with Cooper Construction, Kelly Leonard with Centura Bank, John Boyd with the Small Business Center at Blue Ridge Community College, Jim Hall with Investors Realty Group, Bill Johnston a small business advisor, and Preston Mintz with Mintz Construction.

The Task Force recently met with a representative from the North Carolina Technological Development Authority (NCTDA), a non-profit entity created to support the formation and success of North Carolina=s entrepreneurial-oriented business ventures. NCTDA agreed to conduct a no-cost feasibility study on the viability of a business incubator in Henderson County if Henderson County is able to demonstrate community wide support of a business incubator.

On behalf of the Committee of 100, Mr. Hamilton requested the Henderson County Board of Commissioners to prepare a letter showing support for the development of a business incubator in Henderson County. He presented a resolution to the Board for their consideration.

Chairman Hawkins made the motion to approve the presented AResolution In Support Of A Business Incubator Feasibility Study@.

What is a business incubator? A business incubator is an economic development tool designed to accelerate the growth and success of entrepreneurial companies through an array of business support resources and services. A business incubator=s main goal is to produce successful firms that will leave the program financially viable and freestanding.

These incubator Agraduates@ create jobs, revitalize neighborhoods, commercialize critical new technologies and strengthen local and national economies.

Critical to the definition of an incubator is on-site management, which develops and orchestrates business, marketing and management resources tailored to a company=s needs. Incubators usually also provide clients access to appropriate rental space and flexible leases, shared basic office services and equipment, technology support services, and assistance in obtaining the financing necessary for company growth.

BROWNBAG PERMIT APPLICATION - Etowah/Blue Ridge Moose Lodge

Jennifer Jackson informed the Board that on November 2, 2000, the County received notice that the Etowah/Blue Ridge Moose Lodge, through R.H. McDaniel, Jr., had submitted an application for an ABC brownbagging permit. The Alcohol Beverage Commission allows the County 15 days from receipt of the notice to file a written objection to the issuance of the permit. Therefore, the County has until November 17, 2000 to do so. If the Board desires to submit an objection, staff has prepared a form which should be used. The county does not have any authority to approve or disapprove of this permit but is given the opportunity to submit objection if they believe either the person or the location for the permit is inappropriate.

Notice to the County on this matter was received after the Board=s last agenda was prepared; therefore, this is the first opportunity that this matter could have been considered by the Board in a regular meeting.

Following some discussion, Commissioner Moyer made the motion for the Board not to file an objection, or to do nothing at this time. All voted in favor and the motion carried.

Mud Creek Agreement

Chairman Hawkins stated that he and the County Manager had received several inquiries about some action going on in the Mud Creek Sewer District for sewer line extensions, easements, rights-of-way, etc. As far as he knew the county is not expanding any lines currently. He asked for an update from the County Attorney.

Angela Beeker stated that the process is drawing to a close. She has received the comments from the City Attorney this past Friday. They are meeting tomorrow morning to discuss those comments which are minor. She feels that we will be in a position very soon to bring a draft to both Boards, an expanded draft which is much more detailed than the Memorandum of Understanding that was entered into some time ago. It has been a lengthy process. She does feel that the time has been well spent, stating that she hopes it is an agreement that can be lived with for a long time without having too many unanswered questions within its contents.

David Nicholson stated that this is a City of Hendersonville project, working with a developer on easements for the line. Mr. Nicholson asked the City Manager to send him a letter to update him on what easements they currently have.

Commissioner Moyer stated that there were a number of issues which arose with respect to the agreement. He and the Mayor are working to protect the integrity of the agreement that was originally made. There was a feeling that we needed maps showing boundaries to go along with the agreement, which required Gary Tweed to do a lot of work on his computer. This took some time.

Commissioner Moyer and Mayor Niehoff are committed to have this completed by the end of the year.

There was some discussion about sewer extensions in the Erkwood area. Henderson County is not participating in this. It was determined that it was probably part of the Flat Rock project. There was discussion of incorporated vs. unincorporated areas and who they should work with, City of Hendersonville or Henderson County.

Commissioner Kumor stated that there is an acknowledgment that whatever happens the county needs to give its permission in the unincorporated areas. Has that occurred? All the work that is being done now has already been dealt with as we underwent the negotiations on this whole process early on in the year, working with the Flat Rock project and the Dunroy project.

Commissioner Moyer stated that any work associated with the Flat Rock project is already approved.

Chairman Hawkins asked Flat Rock=s Mayor, Terry Hicks, to come forward and speak to this. Chairman Hawkins= concern was that there are sewer line extensions occurring in the county that were not necessarily a part of the county=s on-going plan with the City of Hendersonville or the Village of Flat Rock. There are lines that are being laid in the Erkwood area.

Mayor Terry Hicks explained that this has nothing to do with the Village of Flat Rock. The Village sewer line goes in a different direction. That is a part of Dunroy on Rutledge and is being constructed by Joe Crowell=s company.

Staff was asked to bring a summary back to the Board on this project.

Commissioner Ward stated that several people had contacted him who felt that they were being pressured into giving easements by City personnel. He thinks this might be from the developer rather than the City of Hendersonville. Mr. Sherman was still in attendance who wished to speak to this. The City has told citizens they will use powers to condemn their property.

Saluda Annexation

Chairman Hawkins had sent a letter to Mayor Kim Talbot and copied it to the Board, asking him to share with the Board what kind of plans that the City of Saluda has in the south part of Henderson County. He has not heard back from Mayor Talbot yet. Chairman Hawkins asked Staff to give the Board information about what kind of things need to occur if a municipality is going to annex from one county into another county.

Jennifer Jackson informed the Board that cities having a population of less than 5,000 are allowed to annex and extend their corporate limits. There are some limitations on the areas that they can go into: 1. must be adjacent to or contiguous to the current boundaries

2. has to be at least one eighth of the aggregate external boundary, the new area must

coincide with the current boundary

3. no area can be included within another incorporated municipality

It does not speak to limitations crossing county boundaries, so therefore Saluda can come into Henderson County.

The area to be annexed must also be developed for urban purposes. The municipalities are encouraged to use recorded property lines and streets in determining their external or their new boundaries.

The steps in the process - the first thing that a municipality would do would be to pass a resolution of intent to consider an area for annexation. Boundaries must be set for the area that is under consideration for annexation. Dates must be set for a public information meeting and a public hearing on the proposed annexation. Prior to holding those meetings the municipality must submit a report of their plan for annexation with their Municipal Clerk. The report would set out their plan for annexation. It must go into detail as to maps, lists of property owners, and set forth the plans of the municipality in extending services to the annexed area. The other thing that the plan must do is provide for the extension of water mains and sewer outfalls if those are necessary to provide the citizens in the newly annexed area with substantially similar services as those currently in the municipality. The municipality must do a plan to let contracts on the construction of water mains and sewer outfalls, if needed, within a year of the effective date of the annexation. There would be a statement in the report on the rural fire department that serves the area and how it would be affected. The fire department in question here is the Raven Rock Fire Department. Lastly there should be a statement on how the proposed annexation will affect the city=s finances and services, including the city revenue change estimates. This statement must be delivered to the Clerk to the Board of Commissioners.

David Nicholson stated that he has had several conversations with citizens in the area. There is some relationship between some water and sewer funding in this discussion. Plans are public record. He has encouraged the citizens to research the records, to read the minutes of the Town Council. He has asked that they share that information with Henderson County for our information.

IMPORTANT DATES

Chairman Hawkins reminded the Board of the Land-of-Sky Legislative Workshop scheduled for November 20, which he will attend.

Chairman Hawkins had distributed a letter from the Committee of 100 regarding a meeting at Advantage West and some possible dates. December 11 was the recommended date from our Board at 3:00, contingent on the availability of Commissioner Elect Charlie Messer.

INFORMAL PUBLIC COMMENTS

Bob G. Sherman - Mr. Sherman expressed concern about the sewer line from Dunroy down Erkwood Drive to Highway #25 South. He owns the Flat Rock Office Center, at the intersection of Erkwood and Highway #25 South. Unknowing to him, it was announced that a sewer line would be put along the side of Erkwood Drive east because an application by the two applicants had been received by NC DOT to put a sewer line down the center of Rutledge Drive to Jackson Funeral Home and connect with the sewer line there. The DOT said under no circumstances would they cut a trench down the center of Rutledge Drive. The applicants then said they would go down the center of Erkwood Drive to US Hwy. #25 South. NC DOT said again no sewer line down the center. The developer then planned to go down the side of Erkwood. This is a 20 foot easement right-of-way with a general warranty deed. The people have called him and consulted with him, a letter has been prepared and sent to the developer that now or in the future there would be no easement or right-of-way granted along their properties. Chairman Hawkins had received a copy of this letter signed by the property owners along Erkwood.

In Mr. Sherman=s absence on Monday morning at 9:00 a.m. a special meeting was called by the sewer department along with a son-in-law of Mr. E.K. Thomas who signed the letter mentioned above. At that meeting they were all threatened (he has been told) that a sewer line would be put there whether they wanted it or not. A gentleman in the audience had been told that Bob Sherman had signed a deed of right-of-way and that the developer had it in his hand, along with the adjoining property owners, William and Gloria Ashley. Mr. Sherman stated that he has never seen the deed, it had not been brought to him. They will be asking for a right-of-way of approximately 230 feet across Mr. Sherman=s property. Mr. Sherman stated that two city employees stood on one man=s front porch and told him that whether he liked it not, it=s coming through his property and they would take his property whether he wanted it taken or not and he would be required to give it away.

Mr. Youngblood=s office called the sewer department=s employees and the landowner talked to them in the presence of Mr. Youngblood. Exceptions were made to people up and down that street. Some signed a deed with a 20 foot right-of-way, some got by with a 5 foot right-of-way, some were promised in secrecy by the City Sewer Department connection to City Sewer at no charge. Mr. Sherman stated that these are threats and this is discrimination.

Mr. Sherman has authorized his attorney, Mr. Frances Coiner, to take this case to the U.S. Supreme Court in Washington, to go all the way.

Mr. Sherman stated that last Friday the Mayor of Hendersonville was contacted. The Mayor knew nothing about this project. He plainly stated this is not a City project, the city has nothing to do with it, we are not getting rights-of-way, we are not paying for it, the developer is paying 100% of the cost of the full installation of the property, every property owner with the exception of Bob Sherman has deeded and given them a right-of-way to put in a sewer line across their property from fear because of the threats that came.

In summary, Mr. Sherman said that according to the Mayor, the City of Hendersonville has nothing in the world to do with this, it is strictly one developer. He doesn=t see how a developer can run a sewer line, take people=s property away from them and connect to a county owned sewer line. How can elected officials let this happen without their permission?

Atty. Frances Coiner asked the Board if they were aware of this project, do you know if it is a city project, and is the county in a position to permit a connection to be made to the existing inlet out there on the highway.

County Attorney Angela Beeker informed Mr. Coiner that she would be happy to meet with him and see what she could find out.

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:

4. (a)(1) To prevent disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes, in accordance with and pursuant to NCGS 143-318.10(e) and Article II of Chapter 11 of the Henderson County Code.

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

All voted in favor and the motion carried.

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

There being no further business to come before the Board, Chairman Hawkins adjourned the meeting at approximately 12:12 p.m.

Attest:

_____________________________________ _______________________________________

Elizabeth W. Corn, Clerk Grady Hawkins, Chairman