MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON NOVEMBER 14, 2001

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 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, Assistant to the County Manager Selena Coffey, and Finance Director J. Carey McLelland.

Absent was: Deputy Clerk to the Board/Volunteer Coordinator Amy Brantley.

CALL TO ORDER/WELCOME

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

PLEDGE OF ALLEGIANCE

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

INVOCATION

David Nicholson gave the invocation.

DISCUSSION/ADJUSTMENT OF AGENDA

Chairman Moyer asked that the following items be added to Staff Reports:

AD - County Comprehensive Plan (CCP) update@

AE - Zoning Ordinance Rewrite update@

Chairman Moyer asked that ADiscussion Items@ be added to the agenda and:

A1 - Update on the Closing of South Naples Road@

A2 - Minutes Procedure@

A3 - Update on Christmas Parades@

David Nicholson asked to add one item to the agenda. Chairman Moyer added it as AF@ to Staff Reports - ACDBG update - East Flat Rock Project (Regency).@

Chairman Moyer made the motion for the Board to approve the agenda as revised. All voted in favor and the motion carried.

Chairman Moyer stated that the agenda would be moved around some to accommodate some schedules and explained that Amy=s flight back into town last night was canceled and she would be arriving at the Asheville Airport around 10:00 a.m.. He stated that he would try to hold off on Nominations until she arrived.

CONSENT AGENDA

Chairman Moyer wished to call attention to two items on the Consent Agenda: AE - Proclamation - Human Rights Day@ and AF - Resolution - GIS Day@.

Chairman Moyer read the Resolution for GIS Day as follows:

Henderson County Board of Commissioners

Resolution

WHEREAS, A geographic information system (GIS) is a computer-based tool that combines the power of a database with the visualization capabilities of mapping; and

WHEREAS, GIS technology is used worldwide to solve problems in areas such as environmental protection, land use, health care, business, education, crime among others; and

WHEREAS, Henderson County continues to expand its GIS capabilities and uses in order to provide better services to the public, and

WHEREAS, In an effort to expand the public=s knowledge of the power of GIS technology, the National Geographic Society and other organizations and businesses are sponsoring GIS Day on November 14, 2001.

NOW THEREFORE, the Henderson County Board of Commissioners hereby proclaims November 14, 2001 as AGIS Day@ in Henderson County and encourages citizens to learn more about the benefits of GIS technology by visiting the Henderson County GIS web site at www.hendersoncountync.org/ca/gis or the national GIS Day web site at www.gisday.com.

Adopted this 14^th day of November, 2001.

Chairman Moyer then read the Proclamation as follows:

PROCLAMATION

WHEREAS, We believe in the unity of our human community and that each individual in Henderson County, regardless of race, ethnicity, religion, age, gender, disability, sexual orientation and economic status is entitled to equal justice, decent housing, adequate health care and equal opportunity for education;

WHEREAS, We believe that disregard for human rights results in unfair and unequal treatment and offends the conscience of the community, and that a community in which all individuals enjoy equal respect is the highest aspiration of a society;

WHEREAS, We further believe in the value of meaningful, honest dialogue and shared activities to promote human rights, relations and responsibilities among the diverse groups in Henderson County.

NOW THEREFORE BE IT RESOLVED that the Henderson County Board of Commissioners proclaims December 10, 2001 locally as Human Rights Day and calls upon the citizens of Henderson County to be informed of this Proclamation by causing it to be disseminated, displayed and read in public places without distinction.

Adopted this 14^th day of November, 2001.

Commissioner Ward asked that item AD - Land-of-Sky Technical Assistance Grant@ be pulled from the Consent Agenda for some discussion.

Chairman Moyer made the motion to approve the Consent Agenda, including AE and F@ but excluding AD@. All voted in favor and the motion carried. The CONSENT AGENDA consisted of the following:

AD - Land-of-Sky Technical Assistance Grant@

Annually, the Board of Commissioners is requested to approve a resolution, which authorizes Land of Sky Regional Council to receive $55,000 in State Technical Assistance Funds. In order to receive these funds, each unit of government in this Region must approve a resolution requesting the release of these funds. A letter from Bob Shepherd and a draft resolution were presented for Board review.

Commissioner Ward stated that each year we pay thousands of dollars in dues to Land-of-Sky and we have a three year wait if we were to opt to get out of it. He stated that the State has allotted $55,000 for technical assistance which he thinks is for grant writing. If we were to need assistance with writing a grant would Land-of-Sky ask for a fee or would it be taken from the state money.

Mr. Nicholson understood that this was more of an overhead grant. If we request specific assistance, there is still a fee to be paid for a lot of services.

Commissioner Ward wanted to state that he didn=t think we were getting the ABang for our Bucks@. We have isolated events that they take off our plate. When you pay what we do a year for dues and then all of a sudden there=s another $55,000 that has become available plus other grants . . . and he has never seen a budget of Land-of-Sky to see if we=re getting our money=s worth.

Chairman Moyer stated that he and Commissioner Gordon alternate attending the Board meetings on a regular basis. He will be particularly sensitive to the budget when received so that it can be distributed to the Board members.

David Nicholson stated that he needed Board approval on this item - AD - Land-of-Sky Technical Assistance Grant.@

Chairman Moyer made the motion for the Board to approve the Land-of-Sky Technical Assistance Grant. A vote was taken and the motion passed unanimously.

Minutes

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

February 16, 1999, special called meeting

February 22, 1999, special called meeting

November 12, 1999, special called meeting

Tax Collector=s Report

Terry F. Lyda, Tax Collector, had submitted the Tax Collectors= Report for the Board=s consent approval, dated November 13, 2001.

Darlene Burgess, Deputy Tax Collector, had submitted the Deputy Tax Collectors= Report dated November 13, 2001, for Board review and consent approval.

Approval of Closed Session Minutes

The Board was requested to adopt the following motion:

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

Minutes for the closed sessions held on May 29, 2001, June 14, 2001, September 10, 2001, September 19, 2001, October 1, 2001, and October 17, 2001 as presented and amended during the closed session held on November 5, 2001.

Land of Sky Technical Assistance Grant

This item was pulled for discussion. Please see above.

Proclamation - Human Rights Day

This item was pulled and read. Please see above.

Resolution - GIS Day

This item was pulled and read. Please see above.

HENDERSON COUNTY COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)

for Fiscal Year ended June 30, 2001

A copy of the CAFR was presented to each Commissioner at the meeting. Mr. Bill Smith, Audit Manager for Crisp Hughes Evans LLP and Carey McLelland, County Finance Director were present to answer questions and review the report with the Board.

Carey McLelland explained that the report has very positive numbers with growth in General Fund Balance as well as growth in General Fund Balance available for appropriation. There is no deficit fund balance or retained earning positions in any fund, no findings or compliance issues with major Federal and State programs, and most importantly we received an unqualified opinion or a clean audit. He explained that the report lay out is basically the same as last year.

Carey briefly reviewed the report tab by tab, explaining what was contained in each section. He offered to sit down with any Commissioner and answer any questions after they have had a chance to review the report in detail. It will be brought back to another Board meeting for the Board=s formal approval. The audit report is available in the main branch of the Henderson County Public Library for citizen review. It will also be submitted to GFOA for the Certificate of Achievement Program.

Mr. McLelland introduced Mr. Bill Smith, who is the Audit Engagement Manager for this audit. Mr. Smith gave the Board an Executive Overview of the report. He thanked the Board for the opportunity of conducting Henderson County=s audit. He explained that these are the Board=s or the County=s financial statements but Crisp Hughes Evans responsibility is found in the Independent Auditor=s Report. Their responsibility is to express an opinion on these general-purpose financial statements based on the audit. He stated again that Henderson County did receive an unqualified opinion or clean opinion.

Mr. Smith reviewed their summary of Professional Services:

1. Annual audit of the general purpose financial statements.

2. Compliance audit in accordance with the Revised Single Audit Act of 1996.

3. Preparation of the Data Collection Form now required by the Office of Management and Budget under the Revised Single Audit Act of 1996.

4. Consultation on accounting matters as requested.

5. Management consulting services on business matters as requested.

Mr. Smith reviewed the financial statements, stating that the report on compliance and internal control is in accordance with Government Auditing Standards. They disclosed no instances of non-compliance and no material weaknesses in controls. Henderson County=s available fund balance as a percentage of expenditures is 13.7% which is an increase of 3.4% over the last year.

He pointed out a couple of the Required Auditor=s Communications:

1. Significant audit adjustments - they had one which was to record the fourth quarter inventory tax reimbursement that was held by the State until after June 30, 2001. They determined how much money that was and booked it as a receivable. If they pass any audit adjustments, meaning that they didn=t think they were material to the financial statements, they have to make it known that they made the entries because they can accumulate over a period of time and become a material amount. There were none, all entries were made.

2. Difficulties encountered in performing the audit. There were none.

Mr. Smith mentioned the new GASB Statement 34. This year and next year (2002) will be the last time the Board will see the report in this format. They will go to the new reporting model which will be drastically changed.

Mr. Smith encouraged the Board to try to attend some of the seminars and classes that the Institute of Government puts on for Commissioners to help them understand the new reporting model.

Brian Broom, Engagement Director, spoke briefly about GASB Statement 34 which requires one entity wide statement. Chairman Moyer stated that what they are trying to accomplish, as they did in private business - Companies would put out financial statements which on the surface would look fine when the auditors and the management knew the company was going to collapse in a week - that made people very uncomfortable so they=re making them go beyond that and say whether there is financial health to this government entity.

One item Mr. Smith mentioned from the Management Letter - they had one item to be brought to attention in the Department of Social Services - There is no system in place, in either the Finance Department or the Department of Social Services, to determine if a recipient of Special Adult Assistance or Special Disability Assistance is still in an approved facility. Currently the only form of notification is the return of a monthly assistance check. Although they did not determine any misuse of funds during the audit test work, to help ensure that all funds are spent appropriately and accurately, they recommended that Henderson County develop a tracking mechanism to track the client change of recipient status, i.e. movements of clients to unauthorized facilities or to home or the death of a client. This has been taken care of and put into place already.

Carey McLelland thanked the Board, the County Manager, and particularly his staff for support and all the hard work involved.

COMPREHENSIVE COUNTY PLAN - this was an add-on

Denny Martin reminded the Board that he met with them in September and reviewed the preliminary scope of services and a schedule for this project. The Board authorized him to proceed.

He has been proceeding on Phase I, collecting and reviewing all the information that exists and the on going planning efforts that are going to influence this Comprehensive Plan, including the Advantage West Work Force Study, the Visioning process that is underway from Designing Our Future, the 1993 Land Use Plan and a whole series of additional elements that will be relevant in the process of developing a Comprehensive Plan. He has received no feedback yet from the NC Department of Transportation Study. He expects that this will be a key element.

There was some discussion regarding greenways and public transportation. Mr. Martin has not met yet with Bill Blalock. Mr. Martin stated that the Board=s fundamental growth management strategy should certainly affect what they do with future greenway projects instead of the reverse. His advice to the Board would be for them to accept the Greenways report and wait until we=re deeper into this growth management approach before finalizing those plans. Somewhere the Board must develop objectives of which way the county must go.

In December Mr. Martin will bring a report back to the Board and his draft of some project objectives. The principle task now is to define the parameters as this is the most important part of the plan so he=d like to take the time needed to do it right.

MENTAL HEALTH SYSTEM REFORM

Mr. Nicholson informed the Board that the General Assembly approved HB #381 - Mental Health System Reform Act at the close of the last session. This legislation will require state and county governments to address both the treatment services and administration of mental health programs.

The major components of the legislation are the following:

1. Designation of Core Services

2. Emphasis on privatization of other services

3. County-based programs with a minimum population of 200,000 or five counties

4. No more than 20 area programs by 2007 (currently 37)

5. Submission of three-year business plans by counties

6. Area Boards membership 11-25 members including 50% interest groups

7. Area Directors appointed by counties or by authority board

8. Financial reports must be submitted quarterly along with an annual audit

must be submitted to counties

The Department of Health and Human Services is required to develop a State Plan for Mental Health. A draft copy of the plan is available at the County Manager=s Office and the main branch of the Public Library. This plan must be submitted to a legislative committee by December 1, 2001.

Mr. Nicholson had submitted a Mental Health Reform Proposal that was developed by the County Managers from the areas served by Trend and Blue Ridge Mental Health Authorities. This proposal requested that these two area authorities assist with the development of the required Local Business Plan. An updated copy of the Local Business Plan was also submitted.

Important Dates

By October of 2002 - Counties must declare which of the three management options they wish to pursue.

Following are the management options:

1. A single county with a population of 200,000 or more

2. An Inter-local agreement option. You must have at least 200,000 in population or serve 5 counties. In this option, one county becomes the lead agency.

3. An area Agency

By January of 2003 - A Business Plan must be completed by the counties and submitted to the State.

By July of 2003 - A Business Plan must be approved by the State.

By July of 2007 - There is a requirement that there be no more than 20 mental health agencies statewide. There are presently 37.

Core Services

$ Referral is # 1 with a real emphasis on privatization of services.

$ Screening

$ Assessment

$ Provide emergency services, consultation, and education

$ Prevention

$ Service Coordination

Mr. Nicholson stated a system will have to be developed of service providers who will agree to take Medicaid. Currently Henderson County provides a broad range program and this is more of a targeted population program. He explained that the County has to develop a Business Plan but the State has final approval of it.

To address this issue, Mr. Nicholson thinks that Henderson County needs to be on the front edge of this discussion. He would like to look for some State assistance in developing a pilot program. He proposed to get this process started, to bring the Trend people and the Blue Ridge people together as they provide these services, let them start looking at this program and come back to the County with some ideas and plans of how we can develop some kind of joint system.

Chairman Moyer stated that the State Recommendation was a major concern to him with respect to its direction and its implications to the County. He doesn=t think it is a well thought out approach. Chairman Moyer doesn=t think the County should accept the recommendation without challenging it. He felt that the NCACC should help challenge this plan. NACo may help challenge the plan also. For Henderson County this plan would mean poorer service and higher costs.

Commissioner Ward agreed with Chairman Moyer.

Mr. Nicholson echoed some of the same sentiments but stated that under the written law, by October of 2002 we must meet with this plan. The Board can voice their opposition and can try to get the law changed next spring in the short session.

The Commissioners voiced some concern over having just the two current providers of mental health services who have a vested self interest in how this plan works out but rather to have a broader range of people involved. There was some discussion about the fact that former Commissioner Renee Kumor sits as the Chairman of the Trend Board and likely has the same directive as the current Board of Commissioners. It was the consensus of the Board that they would prefer to have a single county plan.

Following much discussion, Commissioner Hawkins made the motion to authorize the County Manager to proceed with his proposal but start contacting our State legislators, NCACC, and NACo via the Chairman and let them know that we can run our program better and we=re unhappy with unfunded mandates and a deterioration in services. We=ve had very little input on the business plan but rather it=s been dictated to us with unfunded mandates.

More discussion followed with Commissioner Hawkins amending his motion to have a broader group involved in developing the business plan (other than Trend and Blue Ridge). The next Trend meeting is scheduled for November 28 at 3:00. Commissioner Messer invited anyone to attend who was interested in hearing the discussions on this item.

Commissioner Gordon stated that this is law and we need to get going on our part of it but she preferred having more than just Trend and Blue Ridge involved. She suggested that not acting today but waiting until January would not be a big issue.

Chairman Moyer asked David Nicholson to come back to the first meeting in January 2002 with a recommendation for a broader committee to come up with the business plan along with Trend and Blue Ridge.

Commissioner Hawkins withdrew his motion. No vote was taken.

Chairman Moyer asked for the support of the Board for him to contact our Legislators and other counties to see if we can get support for changing this by special legislation or whatever necessary to get a county based program for Henderson County. Commissioner Hawkins added that the Chairman also contact NACo.

INFORMAL PUBLIC COMMENTS

There were none.

CDBG GRANT FOR EAST FLAT ROCK - this was an add-on

Selena Coffey updated the Board on the Regency Development Project called Parkside Commons/East Flat Rock School Apartments. Regency Development came to the Board at the beginning of the 2001 CDBG Program year and asked for the county=s support in sending an application for the East Flat Rock School Apartment Project. This Board approved that project, the application was submitted and the application was not approved. It was sixth on the list and they approved one through five. It missed approval by one point. Division of Community Assistance (DCA) did encourage them to reapply for the 2002 program year. Since then we have learned that for the 2002 Program Year only Tier I and Tier II counties will be eligible for these funds. For us, that means that this project will not be completed unless we can get support from DCA to reallocate funds that may be unused for the 2001 program year.

Ms. Coffey requested permission from the Board to prepare a letter for Chairman Moyer=s signature to the Division of Community Assistance reiterating the county=s support and asking for them to reconsider the project for any funds that may be available at the end of the 2001 program year.

It was suggested that she include in the letter that this was an already on-going project when they changed the rules. Some consideration should also be given to the project due to the fact that it is an existing structure that will continue to deteriorate if not renovated.

Ms. Coffey informed the Board that there has been a lot of community support for this project and she will put that in the letter as well.

It was the consensus of the Board to authorize Ms. Coffey to prepare a letter for the Chairman=s signature with the changes suggested above.

ZONING ORDINANCE REWRITE UPDATE

Karen Smith and Angela Beeker have been working to merge the new draft of the Zoning Ordinance into the current Zoning Ordinance. The reason for doing this is to be able to maintain the existing residential districts for areas that already have residential zoning while trying to bring in some of the flexibility and improvements that the new Zoning Ordinance offers. They feel the easiest way to do this is to update the current ordinance rather than trying to bring current districts into the new ordinance. They are working to incorporate all the changes that the Board had discussed at workshop they=ve had over the past few months.

In trying to merge the documents, there have been some new issues come up and they will come to the Board for some additional direction. They will do a chart for the Board=s consideration to help the Board go through the new draft when it=s ready. They hope to complete work on the draft by the end of this month and get it to the Board the first week of December. The Board can then set a workshop on this issue.

Chairman Moyer stated that the Board will try to schedule a workshop under AImportant Dates@ for the second week in December.

SOUTH NAPLES ROAD/RAILROAD CLOSING - this was an add-on

Chairman Moyer had written a letter to Conrad Burrell about this issue and had copied all the Commissioners. He received a call from Trudi Walend today. She is involved in this and will see what she can do with respect to keeping the road open. He had talked to Ed Green of NC DOT and the Board was right in thinking that this project had been killed when Ron Leatherwood was our Board representative. Apparently, when the change of Board representatives took place and Conrad Burrell came on board, someone slid this issue back in without a lot of attention and the Board voted to now move forward with this project. Obviously someone is pushing this issue. Ed Green informed Mr. Moyer that they will not do anything to move forward on this until the issue is resolved. We=re putting pressure on them and Mr. Burrell continues to get letters from others.

There was a comment that railroad is pushing for this closure.

MINUTES PROCEDURE

Chairman Moyer and Ms. Corn had prepared a Procedure for Minutes and it was distributed to the Board. Ms. Corn received some input from Commissioner Hawkins and the County Attorney, reviewed the input with the Chairman and a revised Procedure was distributed to the Board. The Procedure had been discussed at a previous Board meeting.

He asked the pleasure of the Board regarding the Procedure, whether to just begin using the Procedure or to take action on it.

It was the consensus of the board to actually take action on the Procedure so it will be recorded in the Board=s minutes. It will be placed on the agenda for the next Board meeting.

UPDATE ON CHRISTMAS PARADES

Mr. Nicholson informed the Board of the two upcoming Christmas Parades:

December 1, 2001 Hendersonville Parade will start about 10:00 a.m. at Five Points.

There will be something for the Commissioners to ride in to participate in the parade. This parade is put on by the Hendersonville Merchants Association.

Mr. Nicholson had confirmed Commissioner Hawkins as a separate vehicle so he could drive his Dodge.

December 8, 2001 Fletcher Parade - last year was the first time the Board had

participated in the Fletcher Parade. It will also begin about

10:00 a.m. There will be a designated place for the Commissioners to meet for this parade.

Recess

Chairman Moyer called a short technical recess. The Board will start back at 11:00 with the Public Hearing.

PUBLIC HEARING - Community Transportation System

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

Javonni Burchett, Transportation Coordinator for WCCA, stated that the purpose of this public hearing was to consider the Community Transportation System for Fiscal Year 2002-2003. The total amount of the grant is $218,300 and is operated by Apple Country Transportation. This amount is less than originally discussed due to the withdrawal for funding for additional facilities.

The Department of Transportation basically supports all Community Transportation Providers in providing funding for administrative, capital, and operating expenses. This is something they do every year. With Apple Country Transportation being the main transportation provider in Henderson County currently, the Department of Transportation projects that Apple Country Transportation=s expenses will be close to $140,402 for administrative costs and other operating expenses for the year 2003. There are also eligible expenses for employment development as well as funding for capital. The application has been broken down this year into two parts: the administrative is due December 14 and the capital application won=t come out until sometime in April. Ms. Burchett stated that currently they are just looking at administrative and operating costs and employment development. She stated that Apple Country Transportation would like to request $3,500 for employment development and $79,000 for two additional vans. They would be replacement vans. They are getting ready to sell four vans that are at 140,000 mileage mark. They will be getting two in April and would like to ask for two more in 2003. They also requested two new computers for the office and replacement of two hand-held radios. Last year they were awarded a total of $498,507 from this application process through the Department of Transportation. They are requesting approx. $19,793 more for 2003.

Commissioner Hawkins asked Ms. Burchett what they intend to do with the money for employment development. She stated that it is training for the drivers. They have a maintenance coordinator now. DOT has started a series called ATrain the Trainer@. The Mobility Manager will go off to monthly training sessions to learn things like safety, accident prevention, defensive driving tips and come back and teach the rest of the drivers. The expenses will be for registration fees, traveling and hotel stay.

Javonni Burchett explained the correlation between their funding level and their ranking, which is based on the size of their fleet, number of passengers served, number of programs offered, etc.

Chairman Moyer made the motion for the Board to approve the filing of the application to continue the program, based on what was presented today. All voted in favor and the motion carried.

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

Update

Chairman Moyer asked Ms. Burchett to update the Board on some of the discussion at the Transportation Advisory Committee meeting with respect to her thinking on public transportation.

Ms. Burchett stated that she had just returned from a Community Transportation Conference in Atlantic Beach. The Department of Transportation was awarded a 248% increase in funding. The NC Department of Transportation received a 248% increase in funding this year for human service transportation as well as public transportation and capital. There will be as much as $2,000,000 available if they want to build a new facility. They suddenly got this money unexpectedly. They went from $1.6 million to $7.1 million for public transportation and need to get it distributed out this calendar year. She expects the application across her desk any day now. Ms. Burchett stated that we have a 24 passenger vehicle and the Department of Transportation is interested in Henderson County starting a fixed route. The application has to be in by the middle of December. The WCCA Board is in favor of this. One reason they are interested in Henderson County is because we have an available vehicle.

Chairman Moyer explained that one thing the Transportation Advisory Committee has looked at through their Community Mobility Subcommittee is whether we could run an experiment on a fixed route. A number of our employers have expressed an interest in it and would even be willing to put some money in it. They were interested in Ms. Burchett exploring what kind of money she could get in exploring such a trial. They also discussed the intercity bus between Asheville and Hendersonville and there wasn=t much interest from the Committee to pursue that. Chairman Moyer stated that if there are sufficient monies to cover a reasonable trial that would help with medical transportation and job transportation, TAC said they would be interested in taking a look at it. Ms. Burchett will work on that to see what is available. Ms. Burchett and Paul Stepp have done considerable work on a fixed route. This issue will come back to the Board.

NOMINATIONS

Ms. Brantley had not arrived yet but Chairman Moyer felt the Board could go ahead and make some appointments at this time.

Nominations

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

1. Mountain Area Workforce Development Board - 1 vac.

Commissioner Gordon nominated Richard Raube. Chairman Moyer made the motion to suspend the rules and appoint Mr. Raube. All voted in favor and the motion carried.

2. Equalization & Review - 2 vac.

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

3. Retired Senior Volunteer Program Advisory Council - 2 vac.

Chairman Moyer nominated Richard Raube for this one of these vacancies. Chairman Moyer made the motion to suspend the rules and make the appointment. All voted in favor and the motion carried.

4. Juvenile Crime Prevention Council - 3 vac.

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

5. Community Child Protection Team - 6 vac.

Chairman Moyer nominated Mary Murray and Savie Underhill for reappointment. He made the motion to suspend the rules and appoint both these ladies. All voted in favor and the motion carried.

6. Henderson County Zoning Board of Adjustment - 4 vac.

Commissioner Ward nominated Tamra Crane for reappointment.

Commissioner Hawkins nominated Anthony Engel for reappointment.

Commissioner Gordon nominated Dale Caldwell for reappointment.

Chairman Moyer made the motion to suspend the rules and appoint all three nominees. All voted in favor and the motion carried.

7. Hospital Corporation Board of Directors - 3 vac.

Commissioner Hawkins nominated Betty Strickland and John Swanson for reappointment. Chairman Moyer made the motion to suspend the rules and appoint Ms. Strickland and Mr. Swanson. All voted in favor and the motion carried. One vacancy will be carried forward.

8. Library Board of Trustees - 1 vac.

This is the position Chairman Moyer has filled for a couple of years. It is a non-voting position. He asked if anyone else wished to serve on this Board. No one expressed the desire to serve. Chairman Moyer expressed that he was willing to continue to serve. Commissioner Hawkins nominated Chairman Moyer for reappointment. Commissioner Hawkins made the motion to suspend the rules and appoint Mr. Moyer. All voted in favor and the motion carried.

Commissioner Ward stated that due to the change in the Library Board=s Bylaws, his wife, Donna Ward, is no longer eligible to serve because of her work schedule. She would miss too many consecutive meetings due to work. She had asked Commissioner Ward to turn in her resignation. This will appear as a Notification of Vacancy on the next meeting.

The Board of Commissioners just recently changed the terms from six years to four years. The question has arisen whether the Board wants to change any of the terms. The Board=s preference was to leave the terms as is but as they end they will go to four years.

9. Fire Advisory Board - 3 vac.

Chairman Moyer asked that this name be changed to reflect the correct name of the Committee, it is the Fire & Rescue Advisory Committee.

Chairman Moyer nominated David Johnson to position # 2 and Joe Swain to position #6. The Committee would add the new seventh person. There were no other nominations at this time. Chairman Moyer made the motion to suspend the rules and appoint these nominees. All voted in favor and the motion carried.

10. Laurel Park Zoning Board of Adjustment - 1 vac.

Commissioner Gordon nominated Jerimiah Farrington for reappointment. Chairman Moyer made the motion to suspend the rules and appoint Mr. Farrington. All voted in favor and the motion carried.

11. Apple Country Greenways Commission - 1 vac.

Commissioner Ward nominated Bruce Benton. Commissioner Hawkins made the motion to suspend the rules and appoint Mr. Benton. All voted in favor and the motion carried.

12. Fire Commission - 3 vac.

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

13. Environmental Advisory Committee - 1 vac.

Commissioner Hawkins nominated Hall Waddell. Chairman Moyer made the motion to suspend the rules and appoint Mr. Waddell. All voted in favor and the motion carried.

UPDATE ON FACILITIES

David Nicholson reminded the Board that they had recently held a workshop on facilities. The primary focus of this meeting was to discuss the Human Services Building and the Historic Courthouse. The Board reviewed information on the space needs and plan for the Public Health Department and Department of Social Services. The Board also saw the plan to include Travel & Tourism within the Historic Courthouse including a service annex added to the rear of the building. The Board discussed several issues associated with these facilities. The Board directed staff to continue to work with these departments and the architects on these projects.

Since that meeting, the initial plans were submitted and discussed with the Boards of Public Health, Social Services and Travel & Tourism. Realizing that we are still within the programming/schematic design phase of the projects, these Boards all gave the projects their basic approval. They did raise several issues that staff has worked with the architects to address.

Human Services Building

The Board had raised some issues and directed staff to start working with the Administrative Boards and staff of those departments. That has been done and it went well. Mr. Nicholson met with the staffs individually and then brought them together for the security issues, entrance way issues, and common space issues. After this process, the plans were submitted to the different Boards.

Mr. Nicholson showed a draft plan of the building, incorporating one entrance on the back of the building, a larger Gallery and more restrooms. The front entrance will be a secured entrance for employees, not clients. He showed substantial growth area in the middle of the building. They still need to work on more staff restrooms. They have addressed the shared areas. It was decided to keep staff and administration out of the program areas.

Peggy Gray of DSS is pleased with the design as are both Mr. Bridges and Ms. King of the Health Department.

Mr. Nicholson asked for Board approval to continue with the process.

Historic Courthouse

Since the last meeting with the Board on this issue, Staff had met with the Travel & Tourism Board. Mr. Nicholson showed the updated plans with the plaza area in front of the historic courthouse including a permanent stage, fountain, and parking. He showed several options for the plaza area and parking.

Travel & Tourism Offices would occupy the front lobby area of the current main floor of the building. They will have their own public restrooms.

There is planned a service annex on the back of the building with an entrance for County Administration, an elevator, and restrooms.

The present monuments in front of the courthouse building will be moved closer to the building.

Mr. Nicholson explained that this is part of a bigger project where we would sell the Travel & Tourism Building, sell the Nuckolls Building, and sell the current Land Development Building. There has been interest expressed in all three of those buildings. He discussed the use of some Medicaid Reserves toward the construction of the Human Services Building (HSB). The annual debt service for 20 years at 5% is $1,271,845. He explained several things that could offset that debt service:

McCallister Lease $ 23,000

DSS Reimbursement 235,000

T & T Debt Payment 68,000

HSB Debt Payment 328,000

Total = $ 654,000

This would leave about $650,000 to be borrowed.

Mr. Nicholson requested Board approval to begin the design/development phase of the projects. All of the preliminary work has been completed and in order to continue these projects approval from the Board is necessary.

There was some discussion regarding parking and meeting the City Ordinance regarding parking.

Commissioner Messer raised the question about how much of a tax increase would be necessary in order to complete this project. Mr. Nicholson expected that this amount would mean a penny tax increase unless the debt service changes considerably. His goal would be to do the project without a tax increase.

Action

Commissioner Gordon made the motion to authorize Mr. Nicholson to proceed with design and development on the Historic Courthouse.

Discussion followed with Commissioners Ward and Hawkins both questioning whether this was an appropriate time to do this project. Commissioner Ward mentioned the need for schools and a landfill. Commissioner Hawkins stated that the City of Hendersonville needs to be involved. They both mentioned the state of the economy and the fact that sales tax is down 10%.

A vote was called on the motion and it passed three to two with Commissioners Ward and Hawkins voting nay.

MUD CREEK WATER & SEWER DISTRICT

Chairman Moyer made the motion for the Board to convene as the Mud Creek Water & Sewer District Board. All voted in favor and the motion carried.

Chairman Moyer made the motion for the Board to adjourn as the Mud Creek Water & Sewer District Board. All voted in favor and the motion carried.

IMPORTANT DATES

There was some discussion of the Commissioners= calendar and a need to set a workshop on the Zoning Ordinance Rewrite. The Board set that workshop for Monday, December 11 at 3:00. The meeting will take about 1.5 to 2 hours.

The Board then set a workshop on sewer issues for January 10 (Thursday) at 3:00 p.m. for 1.5 to 2 hours.

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)(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.

2.(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.

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

All voted in favor and the motion carried.

Attest:

Elizabeth W. Corn, Clerk to the Board William L. Moyer, Chairman