MINUTES

MINUTES

STATE OF NORTH CAROLINA BOARD OF COMMISSIONERS

COUNTY OF HENDERSON DECEMBER 2, 2002

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: Commissioner Bill Moyer, Commissioner Grady Hawkins, Commissioner Charlie Messer, Commissioner Elect Larry Young, Commissioner Elect Shannon Baldwin, 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 to the Manager Selena Coffey, Fire Marshal Rocky Hyder, and Deputy Clerk to the Board Amy Brantley.

CALL TO ORDER/WELCOME

Clerk to the Board Elizabeth W. Corn called the meeting to order and welcomed those in attendance.

PLEDGE OF ALLEGIANCE

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

INVOCATION

David Nicholson gave the invocation.

SWEARING-IN

Commissioner Elect Larry Young was sworn in as his mother held the Bible for him. Commissioner Elect Shannon Baldwin was then sworn in. Clerk of Superior Court Tommy Thompson administered the oaths of office.

ELECTION OF A CHAIRPERSON

Ms. Corn opened the floor to nominations for Chairperson for the next year.

Commissioner Young nominated Commissioner Hawkins for Chairman. Commissioner Messer nominated Commissioner Moyer. Commissioner Hawkins made the motion that nominations cease. All voted in favor and the motion carried.

Ms. Corn polled the Board with the vote being as follows:

Commissioner Moyer - Commissioner Moyer

Commissioner Messer - Commissioner Moyer

Commissioner Hawkins - Commissioner Hawkins

Commissioner Baldwin - Commissioner Hawkins

Commissioner Young - Commissioner Hawkins

Ms. Corn congratulated Chairman Hawkins and turned the meeting over to him.

ELECTION OF A VICE-CHAIRPERSON

Chairman Hawkins opened the floor to nominations for Vice-Chair for the next year.

Commissioner Baldwin nominated Commissioner Moyer for Vice-Chair. Commissioner Moyer indicated that he did not wish to serve in that position. Commissioner Baldwin withdrew his nomination. Chairman Hawkins then nominated Commissioner Young. Chairman Hawkins made the motion to accept Commissioner Young by acclamation. All voted in favor and the motion carried.

STATEMENTS BY NEW COMMISSIONERS LARRY YOUNG AND SHANNON BALDWIN

Chairman Hawkins asked if the new Board members had any comments they would like to make. Commissioner Baldwin stated that he felt it was imperative that the new Board work together, and establish a plan to be implemented over the next four years. Commissioner Young agreed that the Board should work as a team, and stated that he looked forward to working with the County Manager and staff.

REVIEW OF PUBLIC OFFICIAL=S BONDS

Chairman Hawkins requested Ms. Beeker review the Public Official=s Bonds. Ms. Beeker noted that she had included in the agenda the existing bonds for the Tax Collector, the Deputy Tax Collector, and the Finance Director. The Tax Collector is bonded in the amount of $1,000,000, the Deputy Tax Collector in the amount of $250,000 and the Finance Director in the amount of $200,000. The bonds for the Sheriff and the Register of Deeds were four year bonds that expired when their terms expired. She presented the new bonds, which were in fact just a change rider that would add on to the bonds already presented. The agenda cover reflected that the bond amount for the Sheriff was $100,000, however Ms. Beeker had since learned that the bond could be no more than $25,000. Similarly for the Register of Deeds, Ms. Beeker had learned that that bond could be no more than $50,000.

Chairman Hawkins made the motion to approve the bonds as presented with the change in riders. All voted in favor and the motion carried.

DISCUSSION/ADJUSTMENT OF AGENDA

Chairman Hawkins added one item under Discussion Items as Item AA@ - Comprehensive Land Use Plan.

Commissioner Moyer asked to add three items to either this or a future agenda:

1. Appointment of a Chairman for the Travel and Tourism Board.

2. Discussion on the taping of Informal Public Comments.

3. Enactment of the Article 44 Sales Tax.

Chairman Hawkins stated that those items would be put on the agenda for the mid-month meeting.

Angela Beeker stated that there was an additional reason to go into Closed Session.

There were no other adjustments at this time. Commissioner Moyer made the motion to approve the revised agenda. All voted in favor and the motion carried.

CONSENT AGENDA

Commissioner Baldwin requested that Item AF@ - Proclamation, be pulled for discussion. Chairman Hawkins made the motion to approve the Consent Agenda except for Item AF@. All voted in favor and the motion carried. The CONSENT AGENDA then consisted of the following:

Minutes

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

November 12, 2002 - special called meeting

Tax Collector=s Report

Terry F. Lyda, Tax Collector, had provided the Tax Collector=s Report dated November 29 for the Board=s information.

Mountain Home Fire & Rescue Department Lease Purchase Agreement

At the September 16, 2002 Fire and Rescue Advisory Committee meeting, Tony Corn, Chief of Mountain Home Fire and Rescue Department announced that a new utility truck, a Ford F-350 with 4-wheel drive and an 8-foot utility bed costing $35,602.25 had been ordered from low bidder Ken Wilson Ford. The department made an $11,000 down payment from the sale of their old suburban and will finance the $24,602.25 balance through United Financial at a 4.5% interest rate for three years. This vehicle replaces a 1996 3/4 ton suburban which had accumulated mileage from errands, bad weather calls, fire school, and medical calls.

A motion to approve the purchase of the Ford 350 utility truck was made by Richard Barnwell and seconded by Bill Hill. There was unanimous approval.

Mountain Home Fire and Rescue respectfully requested the Chairman sign a letter to United Financial which stated that the Mountain Home Fire Department is a qualified volunteer fire department, and that a special ad valorem tax is assessed on the real property owners of that district.

Henderson County Financial Report - October 2002

Cash Balance Report - October 2002

These reports had been submitted by the Finance Director for information and the Board=s consent approval.

The County utilizes unreserved fund balance during the early part of the new fiscal year to cover expenditures over revenues in the General Fund. This is not an unusual financial position during this time of year prior to property tax bills being mailed. However, we normally would have seen during the first quarter an additional $2 million in revenues from the former Intangibles Tax Reimbursement and another $650 thousand from the former Inventory Tax Reimbursement was withheld from the County by the Governor and the State of North Carolina.

Non-departmental expense includes the annual property/liability and worker=s compensation insurance premiums paid to the NCACC Risk Management Pools. These costs will be allocated out to individual departments on a pro-rata share basis prior to fiscal year-end.

Expenditures over revenues for the Human Services Building Capital Project represent architectural fees paid that would be reimbursed from the proceeds of a future project financing arrangement approved by the Board

Henderson County Public Schools Financial Report - October 2002

This report had been submitted for the Board=s consent approval.

Discussion of Item AF@ - Proclamation of Human Rights Day

Commissioner Baldwin asked the Board to take a look at some of the wording in the Proclamation. He stated that in the first AWhereas@, there should be a comma between the words Agender@ and Adisability@. With regards the word Aentitled@, he requested the Board discuss the use of that word. He felt that the word entitled might be a little strong, and suggested Aequal access and opportunity.@

Following some additional discussion, it was the consensus of the Board to change the wording to Aentitled to equal justice and has the opportunity for decent housing, adequate health care and equal opportunity for education.@

Commissioner Baldwin made the motion to change the Proclamation as indicated. All voted in favor and the motion carried.

Chairman Hawkins made the motion that Item AF@ be approved in the Consent Agenda. All voted in favor and the motion carried.

NOMINATIONS

Notification of Vacancies

The Board was notified of the following vacancy which will appear for nominations 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. Equalization and Review - 1 vac.

Commissioner Young nominated Dr. Phillip Stanley. Commissioner Messer nominated Charles Porter. Commissioner Moyer made the motion to suspend the rules and vote. All voted in favor and the motion carried.

Ms. Corn polled the Board with the vote being as follows:

Commissioner Moyer - Charles Porter

Commissioner Messer - Charles Porter

Chairman Hawkins - Dr. Phillip Stanley

Commissioner Baldwin - Charles Porter

Commissioner Young - Dr. Phillip Stanley

Charles Porter was appointed to the Board of Equalization and Review.

2. 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.

3. Fletcher Zoning Board of Adjustment - 1 vac.

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

4. Travel and Tourism Board - 1 vac.

Commissioner Baldwin questioned whether there was a possibility of Marilyn Gordon continuing to serve on that board. There was some question about whether that position had to be filled by a Commissioner. There were no nominations at this time so this item was rolled to the next meeting.

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

Commissioner Baldwin nominated Kennith Stubbs. Ms. Brantley informed the Board that at the previous meeting, Mr. Stubbs had been appointed to the Zoning Board of Adjustment for Hendersonville. Chairman Hawkins nominated Dr. Phillip Stanley. Commissioner Baldwin withdrew his nomination of Kennith Stubbs. Commissioner Moyer made the motion to suspend the rules and vote. Chairman Hawkins made the motion to accept Dr. Stanley by acclamation. All voted in favor and the motion carried.

6. Fire and Rescue Advisory Committee - 1 vac.

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

ELECTED OFFICIALS SALARIES

Mr. Nicholson reminded the Board of Commissioners that last December they established base salaries for the positions of Sheriff, Register of Deeds and Tax Collector. This was done in anticipation of the 2002 elections and the possible change of the persons that hold that office. The following chart shows the positions, base salaries, current salaries, and the salary with a 2% increase applied which would be in line with the county=s budget for salary increases.

Position Base Salary Current Salary 2% Increase

Sheriff $54,318 $67,898 $69,256

Tax Collector $45,831 $57,289 $58,435

Chairman Hawkins made the motion to approve the salaries as indicated with the 2% increase. All voted in favor and the motion carried.

REQUEST FOR VEHICLES -BRCC

David Nicholson informed the Board that Blue Ridge Community College had made a request for two surplus vehicles to be used in their Basic Law Enforcement training course. The vehicles that they are currently using were provided by Henderson County. Currently, there are two surplus vehicles that could be transferred to BRCC should the Board approve the request.

Following some discussion, Commissioner Messer made the motion to transfer the two vehicles to BRCC as indicated. All voted in favor and the motion carried.

IMPORTANT DATES

Commissioner Moyer stated that an Industrial Sites visit had been scheduled for December 20, 2002 at 11:30 am. The Board will meet at the Henderson County Office Building at 100 North King Street, and depart on the tour.

Board Retreat

Chairman Hawkins stated that the Board would need to schedule a date, a location and a facilitator for a retreat. He requested that Mr. Nicholson investigate the available options. Chairman Hawkins questioned whether the Board had anyone in mind to serve as a facilitator. Commissioner Baldwin stated that a possibility would be Jeff Willett from the Division of Community Assistance, if the retreat were held on January 10^th and 11^th.

Mr. Nicholson informed the Board that there was a County Commissioners Association Legislative Conference on January 16, 2003. He noted that would be the meeting where the County Commissioners Association would set its priorities for legislative goals for the coming long session.

COMPREHENSIVE LAND USE PLAN

Chairman Hawkins wished to make the Board aware that Mr. Dennie Martin would terminate his work on the Comprehensive Land Use Planning Project on December 15, 2002. Mr. Nicholson stated that staff had met, and had been given direction on issues to be dealt with. Staff is working to develop an overall outline of where the project currently stands, as well as the status of each section of the project.

Commissioner Messer questioned what would happen with the Comprehensive County Plan Advisory Committee. Chairman Hawkins stated that the committee members were still on the job, and the resignation of Mr. Martin had not terminated the plan. Staff and the committee members are still at work, and the project is still ongoing.

CLOSED SESSION

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

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

2.(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.

INFORMAL PUBLIC COMMENTS

There were none.

7:00 PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION - East Flat Rock School Adaptive Reuse Project

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

Selena Coffey reminded the Board that this public hearing is the second of two required hearings.

This public hearing is being held in order to allow for citizen input on the East Flat Rock School Project Community Development Block Grant (CDBG) application as presented by Regency Development Associates, Inc. This project will provide affordable housing to senior citizens. The grant would provide funds to construct a grinder sewer pump station with a standby generator, and to construct water and sewer lines.

Ms. Coffey introduced Traci Dusenbery, with Regency Development, who had some additions to the application materials already provided to the Board. Ms. Dusenbery distributed two new pages to the Board, and requested that they replace pages nine and ten of the original application with these new pages. The new pages included additions to the neighborhood characteristics section. She noted that the total amount of CDBG funding being sought is $112,500, with the total project cost being $2,552,265. The breakdown of the CDBG funds is:

C $93,550 - infrastructure improvements

C $ 2,075 - hazardous material removal

C $16,875 - administration of the CDBG

Public Input

1. William Patterson - Mr. Patterson spoke in opposition to the project. He felt that this was corporate welfare, a corporation wanting something for nothing. He asked the Board to take a good look at the $112,500, stating that he felt those figures were astronomical.

2. Evelyn Nichols - Ms. Nichols welcomed Mr. Baldwin and Mr. Young to the Board. She had been asked to be present at this meeting by the East Flat Rock Community, who are very excited that something constructive is happening in East Flat Rock. There are a lot of people who have expressed interest in living in this housing project. She encouraged the Board to approve the application grant.

Mr. Nicholson explained that Regency Development Associates were the ones who brought this project to the County. The Community Development Block Grant money is the responsibility of the county, so the county will need to have someone administer the grant. He stated that the county would take proposals on that administration, and might be able to lower that cost.

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

Commissioner Moyer made the motion to approve the filing of the application in it=s current form. All voted in favor and the motion carried.

CANE CREEK WATER & SEWER DISTRICT - no business