MINUTES

 

STATE OF NORTH CAROLINA                                          BOARD OF COMMISSIONERS

COUNTY OF HENDERSON                                                                                  AUGUST 6, 2001

 

The Henderson County Board of Commissioners met for a regularly scheduled meeting at 5:30 p.m. in the Commissioners= Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.

 

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

 

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

 

CALL TO ORDER/WELCOME

Chairman Moyer 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. Gary Tolbert from Fletcher Adventist Church gave the invocation.

 

DISCUSSION/ADJUSTMENT OF AGENDA

Chairman Moyer added one closed session item to the end of the meeting. He also added a presentation of award prior to the Consent Agenda.   

 

Commissioner Messer added one item prior to the Consent Agenda - Recreation, Westfeldt Park.

 

Commissioner Hawkins added Discussion Item AC@ - CP&L Foundation Grant.

 

Angela Beeker requested the Board add Staff Report A D@ -  contract for the construction of the line to serve American Freightways.  

 

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

 

PRESENTATION OF AWARD

Craig Honeycutt, Town Manager for the Town of Fletcher, was present to present to Henderson County a trophy won by Henderson County in a recent softball game between the two. Mr. Honeycutt stated that despite their loss, it was a wonderful way to celebrate Parks and Recreation Month. He thanked Henderson County for participating in the event.  

 


PARKS AND RECREATION MATTER - WESTFELDT PARK

Commissioner Messer informed the Board that he had been approached to look into some problems that have been occurring at Westfeldt Park. He stated that the park needs to be cleaned up, including removing a lot of underbrush and doing a major overhaul. This park is located on the French Broad River, and is a beautiful park. He had presented the matter to the Recreation Advisory Board, the result of which was a unanimous decision to close the park temporarily until such time as it could be cleaned up. Commissioner Messer made the motion to close the park on the Tuesday after Labor Day, and reopen it sometime thereafter.

 

Craig Honeycutt stated that the Town of Fletcher was willing to do whatever they could on their end to help out with the cleanup effort. They have a commitment from the town to allow for use of a brush truck, a dump truck and some labor.

 

Chairman Moyer requested a vote on the motion to close the park on the Tuesday after Labor Day, and reopen it sometime thereafter. All voted in favor and the motion carried. 

 

CONSENT AGENDA

Commissioner Hawkins requested that Items AA@ and AD@ be pulled for discussion. 

 

Commissioner Moyer made the motion to approve the Consent Agenda with the exception of Items AA@ and AD@.  All voted in favor and the motion carried. 

 

Item AA@

Minutes

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

January 4, 1999, regular meeting

January 19, 1999, special called meeting

 

Commissioner Hawkins questioned a recent directive, in which minutes now go to Angela Beeker for review prior to being copied to the Board. Ms. Corn confirmed that is now the case. Commissioner Hawkins expressed concern over the age of the minutes presented for approval at this meeting. 

 

Chairman Moyer noted that there are no written procedures currently in place with regards to minutes, and that a procedure is now being created which will assist in catching the intent of the Board, and speeding up the compilation of the minutes. He stated that the backlog of minutes is  being worked on, and that a lot of progress is being made.

    

Item AD@

Architect=s Agreement for the Human Services Building Project

The Board was presented with a proposed agreement for architectural services with Freeman White Inc.  The draft agreement was handed out to the Board at the July 25 meeting.  Staff had asked that the Board pay particular attention to the Project Description on the first page, the Owner=s budget (Paragraph 4.2) and the method of payment for services (Subparagraph 11.2.1).

 


Staff indicated that it would be appropriate for the Board to take action with respect to this contract at today=s meeting.

 

Commissioner Hawkins questioned the figures in the current contract, asking if Freeman White Inc. was the contractor those figures had been prepared for. David Nicholson stated that those numbers probably came from a number of different sources.

 

Commissioner Hawkins noted that the price had gone up a half percent, which equated to about $20,000. Ms. Beeker reminded the Board that they had authorized an 8.5% contract to be negotiated with Freeman White, and that is what she based the contract on. She stated that the budget and the square footage numbers probably will change, and the contract should be worded to include that figures are subject to change.

 

There was additional discussion on the square footage needs of the Health Department, DSS, and the price per square foot. The Architect=s fee will be locked in at the time that the construction documents are completed and the project goes out to bid. A professional estimator will be consulted  to give a detailed estimate of what the project should cost. The 8.5% fee will be locked in on that estimate. All basic services are covered in the fee, but any additional services would be extra, and paid for at an hourly rate.

 

Commissioner Hawkins questioned a section of the contract that stated that once the construction document is complete, bidding has to start within 90 days of submission of the final design. Ms. Beeker stated that is correct, or after 90 days an updated estimate can be obtained. A timeline should be developed to ensure the County has the financing package reasonably planned out. 

 

Chairman Moyer requested that the AProject Description@ section of the contract be changed to delete all square footage, and allow those numbers to come from the design work. He also requested that the phrase Ain part@ be added to a section dealing with the occupants of the building.

 

Chairman Moyer made the motion to approve Consent Agenda Item AA@, the two sets of  minutes as they were distributed, and Item AD@ with the changes to the square footage, and the addition of  the phrase Ain part@. All voted in favor and the motion carried.    

 

The CONSENT AGENDA consisted of the following:

Tax Collector=s Report

Terry F. Lyda, Tax Collector, had submitted the Tax Collector=s Report for the Board=s review.    

Waterline/Sewerline Extension Requests (2)

The City of Hendersonville had requested any County comments on proposed waterline and sewer line extensions:

 

1.         Upward Development Waterline Extension

 


This is a project to bring water service to a piece of property located approximately 1 mile east of the Hendersonville Corporate Limits off Upward Road, just east of Interstate 26 and on the north side of Upward Road.

 

The project requires approximately 600 lineal feet of 6" C900 PVC water line.

 

Fire protection will be provided via the installation of one additional fire hydrant located inside the development.

 

Water pressure and flow in this area is as follows:

Static pressure =         85 psi.

Residual =                   32 psi.

Flow =            940 GPM

The intended use of this property is commercial with 67 Hotel rooms proposed.

 

The entire cost of the proposed water line extension is to be paid for by the owner/developer, Jeffery C. Justice, Member/Manager of Mountain Inn & Suite, LLC.

 

Based on the above information, the Water Department can support the additional connections and recommended approval of the project contingent upon approval of the final plans and specifications from the Water and Sewer Department.

 

Staff Comments

The water and sewer plans indicate that the subject property may be subdivided in the future.  The property owner would need to seek subdivision approval from the County Planning Board for future development.

 

2.         Upward Development Sewer Line Extension

 

This is a project to bring sewer service to a piece of property located approximately 1 mile east of the Hendersonville Corporate Limits off Upward Road, just east of Interstate 26 and on the north side of Upward Road.

 

The project requires the installation of the following sewer line sizes and type:

250 lineal feet of 12" Ductile Iron, Class 350

250 lineal feet of 8" SDR-35 PVC

 

The project requires the installation of 5 additional Pre-Cast Concrete Manholes.

 

The intended use of this property is commercial with 67 Hotel rooms proposed.

 

The entire cost of the proposed water line extension is to be paid for by the owner/developer, Jeffery C. Justice, Member/Manager of Mountain Inn & Suite, LLC.

 


Based on the above information, the Water Department can support the additional connection and recommended approval of the project by the Water and Sewer Department.

 

Staff Comments

The water and sewer plans indicate that the subject property may be subdivided in the future.  The property owner would need to seek subdivision approval from the County Planning Board for future development.

 

Proposed Order for Highland Golf Villas

The Board of Commissioners held a quasi-judicial hearing on July 25, 2001, at which time it considered the Special Use Permit Application submitted by Glade Holdings, Inc., regarding Highland Golf Villas, a proposed Planned Unit Development, located off Highland Lake Road.

 

The Board conducted a Quasi-Judicial Proceeding to consider the application.  After hearing all of the testimony the Board discussed the matter and voted to grant the permit subject to certain conditions.  The Board directed Staff to prepare proposed findings of fact and conclusions of law consistent with the information presented and with the Board=s discussion and vote to grant the special use permit subject to certain conditions. 

 

The proposed order was given to the Board for their review and consideration.  Staff informed the Board that it would be appropriate for the Board to adopt the Order as presented or as the Board wished to revise. 

 

Request for Improvement Guarantee for a Minor Subdivision to be known as AThe Ridge@

Mr. James Wear had submitted an application for approval of an improvement guarantee for road and drainage improvements to serve a proposed 7-lot minor subdivision to be known as AThe Ridge@.  The proposed subdivision is located along the western boundary of Henderson County, west of Pleasant Grove Church Road.  Portions of the subject property are within Transylvania County.

 

Pursuant to Sections 170-38 and 170-39 of the Subdivision Ordinance, 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. Wear intends to secure such a letter of credit from Mountain Bank in the amount of $15,750.00 which indicates the cost of the improvements plus the required contingency amount of twenty-five percent.  The developer intends to complete the improvements by September 15, 2001.

 

A draft Performance Guarantee was presented 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.  Such letter of credit should have an expiration date no less than 60 days after the proposed completion date of September 15, 2001.  The Assistant County Attorney must review the letter of credit and certify the Agreement as to form prior to its execution by the Chairman and the developer.

 


Mr. Nicholson recommended that the Board approve the request for an improvement guarantee for AThe Ridge@ subdivision subject to the developer submitting a letter of credit for $15,750.00 in accordance with the terms of the draft Agreement and subject to the Assistant County Attorney reviewing the letter of credit.

 

Request for Improvement Guarantee for a Portion of the Glens of Aberdeen

Mr. Edmundo Hernandez, on behalf of Butler Holdings, LLC, had submitted an application for approval of an improvement guarantee for remaining road, drainage, water and sewer improvements to serve seven townhomes and all of the villas in The Glens of Aberdeen subdivision.

 

Pursuant to Sections 170-38 and 170-39 of the Subdivision Ordinance, 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.

 

Butler Holdings, LLC, intends to post an irrevocable letter of credit to be issued by BB&T in the amount of $84,212.50, which includes the cost of the improvements plus the required contingency amount of twenty-five percent.  The application indicates that the completion date for the improvements is July 31, 2002.  However, this date extends more than two years past June 27, 2000, the date that a revised Development Plan was approved by the Planning Board for the Glens of Aberdeen.  Under Section 170-16C (4), Development Plan approval is valid for two years.  The developer has informed the Planning Department that the improvements will actually take about six months to complete.  For purposes of the improvement guarantee, Mr. Hernandez had verbally agreed to change the proposed completion date to April 30, 2002 and staff has included that date in the attached draft Agreement.  If the developer needs additional time, he may request up to a one-year extension of Development Plan approval from the Planning Board.  If the Planning Board grants such an extension and the developer needs more time to complete the improvements, he may then request an extension of the improvement guarantee from the Board of Commissioners.

 

The Board of Commissioners previously approved for the developer the posting of a letter of credit as an improvement guarantee for the Cottage Lots area of The Glens of Aberdeen.  The developer has since completed the improvements in the Cottage Lots area and the improvement guarantee was released by the County in June of this year. 

 

A draft Performance Guarantee Agreement for the current application was presented for the Board=s consideration.  If the request is approved, Butler Holdings, L.L.C., must submit the letter of credit in accordance with the terms of the Agreement.  The Assistant County Attorney must review the letter of credit and certify the Agreement as to form prior to its execution by the Chairman and the developer.

 

Mr. Nicholson recommended that the Board approve the request for an improvement guarantee for seven townhomes and the villas in the Glens of Aberdeen subject to the applicant submitting a letter of credit for $84,212.50 in accordance with the terms of the draft Agreement and subject to the Assistant County Attorney reviewing the letter of credit. 

 


Approval of Closed Session Minutes

The Board was requested to adopt the following motion:

 

Motion: The following closed session minutes are hereby approved and shall be deemed sealed as provided by Section 11-6 of the Henderson County Code:

 

1.               Minutes for the closed sessions held on February 5, 2001, February 21, 2001, March 12, 2001, April 2, 2001, April 18, 2001, April 30, 2001, May 7, 2001, May 16, 2001, June 4, 2001, June 18, 2001, June 20, 2001, July 2, 2001 as presented and revised during the closed session of July 25, 2001.

 

Appointment of Deputy Clerk

The Board was requested to appoint Ms. Amy Brantley as Deputy Clerk to the Board.  A copy of an updated job description was presented for the Board=s information.  With these additional duties, Ms. Brantley will be able to fill the role of Clerk to the Board at Commissioners= meetings, the preparation of the minutes and other duties that are assigned to the Clerk.

 

Mr. Nicholson recommended that the Board appoint Ms. Brantley to the position of Deputy Clerk to the Board.

 

HOSPITAL REVENUE BONDS - Amendments to Hospital Lease Agreement

The County has been working with the Hospital and BB&T on the upcoming issuance of revenue bonds that will be used to partially fund several hospital projects including the parking deck and the emergency room expansion.  The County is expected to issue up to $15.3 million in bonds backed by the Hospital=s revenues in a 20-year variable-rate financing package.  The Financing Calendar reflects a target closing date of September 13, 2001.

 

As a part of that transaction the Lease Agreement that the Board entered into with the Hospital Corporation on November 1, 1998 has been reviewed by bond counsel and the underwriter.  There are several amendments related to the financing that are necessary and those were distributed at this meeting.  The Board was not asked to take action on these amendments until the Board=s August 15, 2001 regular meeting at which time Staff will review the requested changes and other matters regarding the financing.  The Hospital Corporation will be receiving the amendments also and is expected to take action on them on Friday, August 10, 2001.

 

NOMINATIONS

Notification of Vacancies

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

 

1.               Solid Waste Advisory Committee - 1 vac.     

The Board is required to appoint the chairman of this board. This appointment will appear on the next agenda under ANominations@.   

 

 


Nominations

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

 

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

Dottie Effinger had been nominated at the June 20 meeting and was now eligible for appointment. Commissioner Hawkins made the motion to appoint Ms. Effinger. All voted in favor and the motion carried.

 

2.               Mountain Area Workforce Development Board - 1 vac.

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

 

3.               Equalization and Review - 3 vac.

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

 

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

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

 

5.               Juvenile Crime Prevention Council - 1 vac.

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

 

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

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

 

7.               Western Carolina Community Action (WCCA) - 1 vac.

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

 

2 Cent Sales Tax Proposal

Due to State budget cuts, the elimination of our reimbursements is being discussed by the General Assembly.  In place of the reimbursements, an additional 2 Cent Local Option Sales Tax may be offered to local governments.

 

Chairman Moyer informed the Board that initially, the North Carolina Association of County Commissioners and the League of Municipalities supported the alternative revenue source for local governments. There are many different proposals currently being discussed in Raleigh. Chairman Moyer suggested that this issue come back before the Board once a decision has been reached in Raleigh regarding the reimbursements.

 

Commissioner Hawkins questioned whether the recent reimbursement received from the state was designated as the final payment for FY 00'-01', or the first payment for FY 01'-02'. The State Treasurer=s Office has requested the county show that as a FY 01'-02' revenue. Commissioner Hawkins suggested that rather than requesting a 2 cent local option sales tax, we request a chance for home rule to allow the county to run it=s own government.   

 

 


COUNTYWIDE GIS PROJECT

Mr. Nicholson had presented a report that evaluates our current GIS system and provides a recommendation to the Board on the future of the project. He stated that a comprehensive GIS program will be the most valuable asset Henderson County has as we look toward the future. The program will serve not only Henderson County, but other municipalities, the state, and our school system. GIS can improve the way the county makes decisions about economic development, managing growth, crime reduction, public safety, land use, environmental impact, school bus routing, etc.

 

GIS is currently part of the tax department. Mr. Nicholson has started the process of bringing GIS back as a separate countywide program. This process is already underway. One of the issues involved surrounds getting information to 911 dispatchers. The current information has been upgraded to follow more modern software, called ArcView.

 

Mr. Nicholson discussed this process in detail with the Board and asked for authorization to proceed with the transfer of the Land Records Department to the responsibility of the County Manager. The  reassignment of this program will put a much better focus on providing this service on a countywide basis.

 

Chairman Moyer asked for clarification on the separation of Land Records and GIS. Mr. Nicholson stated that he would like the keeper of the maps to be included with GIS. If the two projects are separated, then they will be under the direction of two different managers, who may not always be moving in the same direction.

 

Commissioner Messer suggested doing some industry research and finding both examples of counties where the GIS and Land Records Departments were separated, and where they remained together under the County Manager. This will allow the Board to see how both systems have worked, and how they would like ours to work.    

 

It was the consensus of the Board to authorize the purchase of the necessary ArcView products, but to delay any personnel movements until further research had been done. 

 

IMPORTANT DATES

2001 N.C. Apple Festival

Chairman Moyer discussed the Board=s participation in the Apple Festival parade. It was the consensus of the Board to participate in the parade.

 

INFORMAL PUBLIC COMMENTS

1. Brian Parsons - Mr. Parsons informed the Board that he is the chairman of the SSEACO Board of Directors. He discussed the functions of this company, the types of training offered, and their employment success stories. SSEACO wished to thank the Board for their continued financial support. 

 

 

 


CONTRACT FOR AMERICAN FREIGHTWAYS

Angela Beeker reminded the Board that at their previous meeting she had distributed an agreement  which approved a contract in which the county agrees to construct the water line to American Freightways on behalf of the Regional Water Authority. Attorneys for the Regional Water Authority have requested that the county consider a slightly different arrangement. In the requested proposal, rather than the county contracting with the engineer, the Authority Board will contract with the engineer. They believe this will allow a more objective person to oversee the job. When it is put out to bid, it will be on behalf of the Authority and Henderson County. The selected engineer will be named as the Authority Director for purposes of the regional water agreement. In this proposal, the engineer would assume this role, the county would pay for the line up front, and then bill the Authority at the end of the project for the Authority=s required contribution.

 

Commissioner Ward questioned how this might extend the project timeline. Ms. Beeker commented that this is a small project and it shouldn=t create any significant delays with the possible exception  of the City of Asheville paying the engineer=s fee.

 

Following much discussion regarding the roles of the Authority, the City of Asheville and Henderson County, Commissioner Ward suggested allowing Chairman Moyer some flexibility in making this type of decision at the ABWA=s next meeting. It was the consensus of the Board to grant Mr. Moyer such flexibility.                

 

ZONING ORDINANCE REWRITE

On July 11, 2001, the Board of Commissioners held its second worksession on the rewrite of the Zoning Ordinance.  During that meeting, the Board directed Staff to work on several issues in order to bring material and suggestions back for another worksession.  Instead of asking the Board to schedule a worksession at this time, Staff suggested that one or two specific issues be placed on the Board=s next few regular meetings for discussion.  This will allow the Commissioners to concentrate their review and discussion in one or two areas at a time.  In anticipation that the Board will wish to proceed in this fashion material on the following issues were presented for review:

 

1.               Changing the R-8 District to an R-6 District;

2.               Reviewing the APurpose@ Clause in light of the statutes and the Board=s Mission Statement.

 

The Board was encouraged to begin its discussions on the proposed R-6 District and review of the APurpose@ clause information which is the foundation of the entire Zoning Ordinance.

 

Staff requested some flexibility in the scheduling of the particular issues since research on these various issues is ongoing. With that in mind, however, Staff is working toward placing the definition of AChurch@ on the Board=s regular meeting on August 15, 2001 for discussion.  In addition, at that August 15th meeting Staff will be proposing certain districts for nursing homes.  On the Board=s September 10, 2001 meeting, Staff anticipated discussing issues pertaining to open space and the minimum lot size requirements in the draft ordinance.  The issues regarding Special Use District Zoning will also need to be discussed.


In order to facilitate discussion on these various issues, the County Manager encouraged the Board to proceed as suggested.  The Board noted, however, that at some point in the future it will be necessary to incorporate these discussions into the actual draft ordinance.

 

Karen Smith first presented the R-8 District versus the R-6 District. An example of how that change would affect the text is particularly specific to changing R-8 to R-6 in the Table of Uses and to other sections where R-8 is currently referenced. The City of Hendersonville currently has an R-6 District within their zoning ordinance.

 

The second item dealt with reviewing the APurpose@ Clause in light of the statutes and the Board=s Mission Statement. The portions of state statute that deal with AGrant of Power@ and APurposes in view@, are almost identical to the purpose statement in our zoning rewrite.

        

Commissioner Hawkins had a question on some of the wording in the state statutes. Specifically, what density credits are, and how they figured in, and the meaning of serviceable development rights for dedicated rights-of-way. One of the biggest costs when working on transportation plans is the cost of purchasing rights-of-way. He questioned whether land in a proposed subdivision could be set aside if you know a road is planning to go through that area. Ms. Smith commented that the subdivision enabling statutes for our subdivision ordinance contain language to that effect, but was unsure about the severable development rights in this statute. The density credits deal with the possibilities of doing transfers of development rights and that sort of thing. Density credits allow for compensation of a land owner for their inability to build on a section of land.   

 

There was additional discussion on the generality of the purpose statement. Ms. Beeker reminded the Board that regardless of the content of the purpose statement, we must still abide by the language in state statutes.

 

Commissioner Hawkins mentioned a portion of section 153A-341 that states Aregulations shall be made with reasonable consideration to expansion and development of any cities within the county@. Ms. Beeker stated that this doesn=t specify a level of involvement, but implies a level of involvement that allows for orderly growth and development.

 

RECLASSIFICATION OF FRENCH BROAD RIVER

The NC Division of Water Quality is proposing a reclassification of the French Broad River.  This change would classify the river from Class C - Secondary Recreation to Class B - Primary Recreation. This proposal has come as a result of the community effort to clean up the French Broad River, in ways such as sanitation and erosion control. The water qualities on the French Broad now meet the requirements to allow for such an upgrade in classification.

 

This classification only affects the main stem of the French Broad, it will not affect the Mills River. It would affect new waste water permits, and any expansions of existing facilities. It would also affect a number of existing dischargers. It requires any discharger to have backup power, and a backup unit to go with that. It would also require three of our current subdivisions to make some changes in their operation. Those subdivisions are Cummings Cove, Mt. Valley and River Bend.

 


 

Commissioner Hawkins stated that he found this to be a strange request. Recent action by the NCDENR indicates that they have already made the decision to proceed with the reclassification.

 

Chairman Moyer suggested that the Board postpone any decision of this matter until additional information has been received. Commissioner Gordon stated  that in a recent meeting, there was discussion about alternate solutions to electrical backup. These solutions may provide additional options to our affected subdivisions. It was the consensus of the Board to proceed in this manner.

 

CP&L FOUNDATION GRANT

Chairman Moyer commented on a letter written by him, at the request of Scott Hamilton of the Committee of 100. The Committee of 100 has been wrestling with the issue of economic development, and why it is not being more successful in the county. While there are many theories, Chairman Moyer had suggested the Committee take a hard look at what type of industry we are trying to attract.

 

The Committee of 100 has decided to look into working with a firm to create and develop a master plan for economic development. That would target the types of industry that would be amenable to coming into Henderson County, and what we have to offer to those industries. Much of the cost to do such a study is being raised from local businesses and foundations. The CP&L Foundation had requested an indication of support from the Board of Commissioners. In the letter written, Chairman Moyer offered a lot of moral support, and other support for economic development.

 

Commissioner Hawkins suggested the Board set a workshop on the Capital Facilities and funding for them. It was decided that this workshop would be scheduled at the August 15, 2001 meeting. 

 

CLOSED SESSION

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

 

1.(a)(3)            To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged.  To consult with an attorney employed or retained by the public body in order to consider and give instructions to the attorney with respect to a claim.

 

Henderson County et al. vs. Asheville-Buncombe-Henderson Water Authority, et al.

 (Henderson County, 01-CVS-344)

 

All voted in favor and the motion carried.

 

There being no further business to come before the Board, Chairman Moyer adjourned the meeting.

Attest:

 

 

                                                                                                                                                              Elizabeth W. Corn, Clerk to the Board                     

William L. Moyer, Chairman