STATE OF NORTH CAROLINA
COUNTY OF AVERY

The Avery County Board of Commissioners met in Regular Session on Tuesday, January 3, 2006 at 3:00 p.m. in their offices, Avery County Administrative Complex, Newland, NC.

Members Present: Kenny Poteat, Chairman; Susan Pittman, Vice-Chairman; Bill Beuttell and Phyllis Forbes

Members Absent: Joe Strickland

Call to Order
Chairman Poteat called the meeting to order at 3:03 p.m. The Chairman offered prayer.

Public Comments:
Jerry Dugger advised the Board that the civil case that he told the Board he was going to file last year, the higher up’s kept telling him to file it. He said he started thinking that he had given Cannon Hospital a lot of chances as well as the Sheriff Department a lot of chances, so he is giving the County that same chance. If you goof up, I’m going to throw the book at you the next time. This is hundreds of thousands of dollars that I am giving back to you that could have been taken from this county. That’s why I am here today, to put it on record that I am doing this. Also, I want you to check into the John Millan Case which is the Coroner today, and Cannon Hospital and Phyllis & Robert Atwell on the civil cases that I filed and when the cases were bought under the table why I didn’t get my money back by not having a jury trial after I paid for it.
I also want to know who passes the ordinances on the ski resorts. Who gave them permission to put up artificial clouds to knock the sunlight out and mess with the atmosphere on a sun shiny day? Robert Wiseman advised that the municipality rules when those areas are inside a municipality. It could be the Town of Seven Devils; it could be the Town of Beech Mountain or the Town of Sugar Mountain. Jerry said aren’t you the ones who are supposed to be stopping this atmosphere mess up that they have been doing? Every day on a sun shiny day they put up artificial clouds and for the last 8 years it has been put on video. People are getting tired of it. I expect whoever passed this to pay half of my electric and half of my gas and half of my fuel bill on my car and my car repairs from the damage they are doing by knocking the sunlight out and charging me double for my electric and my fuel. It’s costing me double each year that they put those clouds up. They can make snow without it. I think it’s time for somebody to start paying half on my electric bill. They had better straighten it out and if they don’t I’m going to. I will go to Washington, DC on this also. I already have a date in Washington, DC this year.
Kenny Poteat suggested that Jerry contact the municipalities in question about this issue. Jerry said he has already contacted Sugar Mountain. That man is in with Cannon Hospital and he don’t care what happens to this county as long as there is a dollar to be made, the same as that hospital. All they want is to get that dollar bill out of everybody’s pockets in this county so they can drive a big old Mercedes or drive a big old boat around. I’m getting fed up with it and a lot of other people are too. Before you know it you are going to have half of this county marching up this road and standing up to the highfalutin people that think the only thing in this county is a dollar. The news people can’t even write the true story about Cannon Hospital and there is sign out in front of my house that says that. There are going to be some other names in this county that are going to be put out in that front yard before this year is out. This is going to be a good, prosperous year for Jerry Lee Dugger but it’s going to be a bad year for the ones who have gotten involved in this and covering this up and think they are above the law and can do whatever they want to. There are some good people in this county and I know who they are and I take up for them. But, there are also a lot of bad ones and they had better get this through their brains. They might not think this old boy is very powerful but we can see how powerful I can be.
I want to say this to the County and to Cannon Hospital that you will be judged this year of 2006 and judgment will be served on the steps of the ones that has covered up and who thinks they are above the law. The judgments will slowly come to an end in the year 2007. Believe this if you want to and take it for what you figure it’s worth. I think it’s coming down to a time and a day that the big dollar people are going to be on trial, not the poor person trying to make a living.

I’m not scared to come in here or go in front of that Judge. There is a Judge in this County who needs to be going to the damn Alcoholics Anonymous just like Joe Strickland needs to be going. I think that’s where Joe is today, in that Alcoholic Anonymous. Am I right or wrong? Kenny Poteat said he cannot comment on that. Jerry said we don’t need alcoholics and druggies on the Commissioners benches and we don’t need them on the Judges benches. That’s exactly what we have had in this county and I think it’s time to get them off and out of here.

The Chairman advised that Jerry’s time was up. He thanked him for his comments. There were no further comments.

EDC Board Appointments – Bill Close
Bill Close, with the EDC Steering Committee, presented the Board with a list of recommendations for persons to serve on the permanent EDC Board for Avery County. Recommendations are: Dempsey Clark, District #1; Dennis Aldridge, District #4, Mrs. Suzanne Owens, District #5; Bill Close, member at large; Rachel Deal, member at large; John Greene, member at large. Due to the holidays and various offices being closed, all of the names I have to recommend have not been added to this list. I want to add Mr. David Rash from District #6 and Mr. John Angel from District #2 to the list today if you will consider them. Our Steering Committee has also considered these two names and wishes to recommend them to you. This makes a total of 8 names for your consideration today rather than 6 names.
According to the laws we put in place recently, we can appoint 9 persons to the EDC Board. We have one more applicant position available which we will consider and bring back to this Board next month, Close said.

Kenny Poteat asked about the districts these persons represent. Bill Close advised that the EDC Steering Committee has worked very hard to come up with a broad representation of members throughout the County. We have addressed all the various civic groups, etc. and made a plea for an applicant. We are extremely excited with the quality of the people who have stepped forward to serve. We have all kinds of degrees and varying types of experience. From the beginning we have worked to get a broad representation throughout the County. We took the 19 voting precincts and put them into 6 districts and created some members at large to fill out the board. This was so that the representation would be broad based.

(Phyllis Forbes came into the meeting at 3:22 p.m.)

Bill Close advised that they would like to get the committee up and running with 8 people, then add the ninth person next month. We have 5 of the 6 districts represented here and still have the one district to fill, Close said.

Motion by Phyllis Forbes to approve the 8 names submitted for the EDC Board as follows:
Dempsey Clark, District #1 – 3 yr. term; Dennis Aldridge, District #4 – 3 yr. term; Suzanne Owens, District #5, 3 yr. term; Bill Close, member at large, 2 yr. term; Rachel Deal, member at large, 2 yr. term; John Greene, member at large, 2 yr. term; David Rash, District #6, 1 yr. term; and John Angel, District #2, 1 yr. term. Motion seconded by Bill Beuttell.
Mr. Close said that they plan to have a meeting of their new board within the next two weeks. He added that he will advise these members that they have been appointed and also set up a meeting date.
Motion unanimously approved with 4 members in attendance.

Tax Assessor Report – Phillip Barrier
Phillip Barrier, Tax Assessor, presented the monthly report of Refunds & Releases.

Real & Personal Releases
Real & Personal Releases were presented in amount of $594.36- County Tax; $48.41 Fire Tax, and $4.71 Late List Penalty, for a total of $647.48 released.

Motion by Bill Beuttell and second by Susan Pittman to approve the Real & Personal Releases as presented in amount of $647.48. Motion unanimously approved with 4 members in attendance.

Motor Vehicle Releases
County Tax of $451.01 and Fire Tax of $36.43 for a total release of $487.44.
Motion by Susan Pittman and second by Phyllis Forbes to approve the Motor Vehicle Releases in amount of $487.44. Motion unanimously approved with 4 members in attendance.

Phillip Barrier advised that the new listing forms were mailed today and that if there are any changes in the taxpayer’s real property that they need to send the form back in with the changes on it. Also, if the taxpayer owns personal property such as airplanes, boats, trailers, etc. they will need to send in those changes. Phillip also reminded the group about the Elderly Exemption on the back of the form. The income level is up to $19,700 now. The person also has to be 65 years of age or older to qualify for this exemption.

Phillip added that the Revaluation Forms have already been mailed to taxpayers and that the review forms seem to be working well. He said that his staff is working as quickly as possible and trying to answer everyone’s questions in a timely manner. We are working through the phone calls and visits as quickly as possible, he said. Phillip asked for everyone’s patience as they work through the process.

Discussion on a tool available to the taxpayers whereby they can compare their property values to others in their area to see if they are comparable in value, etc. This can be done on the Internet at www.webgis.net. Phillip advised that the site was updated on the Friday after the Notices were mailed out. It contains information on tax values which will help the public to better understand their values and to see if the system is working properly for them.

Discussion on the 3 recourses available to the taxpayer if they disagree with their new values. Phillip advised that he has allowed a 60-day window for reviews to be held for this purpose through his department. Beyond that, we have an annual Board of Equalization & Review. No date has been set yet for the Board of E&R for 2006, but it must be held on a Monday in the month of April of each year. The dates and times for the Board of E&R will be published once they are established, Phillip said. If the taxpayer is not satisfied with the decision at the Board of E&R level, the State Dept. of Revenue can also be appealed to.

Tax Collector Report – Mary Daniels
Mary Daniels, Tax Collector, reported a total collection for December 2005 of $3,829,342.08. She advised that this is the largest collection on record in the 27 years she has served as Tax Collector. She added that a total of $288,000 in Fire Tax was also collected, which will mean a good sized check for the Fire Departments.

Motion by Susan Pittman and second by Phyllis Forbes to approve the Report of Tax Collections as presented. Motion unanimously approved with 4 members in attendance.

County Manager Report – Robert Wiseman

Voting Machine Equipment, Senate Bill 223
Robert Wiseman advised that he received an e-mail this morning from David Thompson, President of the NCACC, requesting that the Board, by letter, show your support to the Governor of N.C. by asking that he call a Special Session of the N.C. General Assembly to postpone the deadline for Senate Bill 223, Public Confidence in Elections. Senate Bill 223 has resulted in the decertification of basically all of the voting equipment in the State of N.C. It is also mandated that the equipment we now have not be allowed to be used in the Republican Primary in May 2006. It is the intent of that Senate Bill to require between now and May that every board of elections in the State of NC, in conjunction with the boards of commissioners, purchase new voting equipment to be used in the May Primary. That is a very serious undertaking to get the equipment, get it delivered, set up, tested and certified between now and the time of the election. It is a pretty optimistic project in my opinion and I don’t think it will work. The Federal Government has decreed that they will reimburse the counties for the purchase of this equipment. We all know how responsive the Federal Government is at this point in doing what they say they will do. We do not have over $250,000 right now to lay on the table for an indefinite period of time. There is no window that says when they would reimburse the counties for that expense. There are a lot of counties across the state that could come up with that amount of money and not have any fear of cash flow problems, because it may be 2 years before you see any reimbursement. Avery County can’t do that. This is a very serious situation. Our Finance Officer is good, but I don’t think he can come up with $250,000 in this budget year to buy new equipment, Robert said.

Robert added that the Board of Elections Director, Faynita Johnson, and Jack Hughes are both out of town today. I would say that it is imperative that as soon as they get back and we can have a majority of our Board in attendance, that we need to hold a Special Meeting with them to discuss these issues. I would say that there are 99 other counties with us in trying to encourage the Governor to call a Special Session, Robert said. The Board was given a copy of a letter to Governor Easley requesting a Special Session of the Legislature to allow counties to be able to use their current voting equipment, if it meets HAVA requirements, for the May primary. Copies of the letter will also be sent to Representative Phillip Frye and Senator Keith Presnell. Robert asked that the Board approve this letter by consensus, which the Board did.

Discussion was held regarding holding a Special Meeting with the Board of Elections regarding the voting equipment issue. The Chairman asked that Robert contact the Bd. of Elections and establish a date for the meeting, then let the Board know. Robert said it would be at least next week, if not later, before the meeting could be held.
Bill Beuttell said the Federal Government gave a county down East $2.6 million in disaster relief for a disaster they never had. If they want us to come up with $250,000, they can give it to us first, just like they did down there in my opinion.
Robert Wiseman added that Avery County has 19 voting precincts, which is very large for a county of this size, but for one time, it will possibly work to our advantage, because the replacement cost for these voting machines and all the associated software is based on the number of precincts and the number of people in those precincts. It is a pro-rata formula.

Soil Conservation Service Position
Robert Wiseman stated that on the Agenda Sheet under County Manager Recommendation, it has been left blank. That was not an accident on my part. I did not put a recommendation on there from my office because there was some information lacking and I was not able to get it until this morning. I talked with Chris Vance this morning and got a lot of my questions cleared up. I will share my concerns with you, speaking from a financial point of view. One of my questions was about the Soil & Water Conservation District and whether this was an Avery County responsibility or a district responsibility. The answer is that this would be an Avery County position, only. Mitchell, Yancey and Watauga Counties all have their own full-time position. As you know, the position that has been established and filled, up to this point, has been paid for by the County. We anticipate that when we submit the final reimbursement application to the EWP Program, that we will be reimbursed 100% for the money that has been spent on salaries and associated costs for the program. It would appear that if we make this position full-time at some point, that the County has been averaging about $51,000 in revenue generated by this cost-share program. If we had a full time person, we project that we might receive $75,000-$80,000 rather than $51,000 because the position is full-time.

This request is for the County to pay 100% of the cost for this position from now until July 1, 2006, Robert said. According to the information, it will cost about $28,000.00, plus benefits. I estimate that it would take a budget amendment of around $14,000 with a full cost of around $20,000-$21,000 to maintain the position between now and July, Robert said. Robert said he does have some concerns about this. He referred to the letter from NC Dept. of Environment & Natural Resources, paragraph 3. The first letter from Ed Storey, Chairman of ASWCD, indicates that the Soil & Water Commission has approved funding in the amount of 50%. The letter from DEHNR says that assuming that the technical assistance portion of the Agricultural Cost Share Program remains the same, they anticipate the Commission being able to fund 50% of the salary. That’s a lot of assumption and I think that if this position is to be made a permanent position for Avery County that we need further commitment from this program. We need some assurances that don’t assume or anticipate. If they don’t come across with their share, I don’t think we should be held accountable for a decision made today based upon what they assume and what they anticipate, Robert said. This is not to say that I am in opposition to this position or this program in any way, Robert said.

The Chairman asked Tommy Burleson how much longer this position would be in place and funded under the EWP Program. Tommy estimated it would be mid-February before it was over. He had first thought it would be about 4 weeks, but it is now looking more like another 6 or 8 weeks, Tommy said. Chris Vance agreed that it would take until about mid-February to finish the work now in progress; however, the State office is really pushing us for a closer deadline than that. Mike Hinton had first said we would be through by the middle of January, but if we’re not, then we’re not. I think he may be willing to extend that deadline for us, Chris said. Tommy said he felt that they would go along with a Motion from us to the effect that if the State comes up with their 50% that the County would obligate their 50%. I think that motion would satisfy them, Tommy said. He added that he is 99% sure that this position will get funded 50% through DEHNR. Ninety-nine other counties in the state have this position, and we are the only county that doesn’t have it. The cost-share will be offset through the agricultural community and this position will reap benefits back to the county, Tommy added. He said that the County could commit their half on the contingency that the state comes up with their half.

The Chairman said that Robert is telling us that he sees this as a valid position and that he would recommend its continuance, but due to concerns, he would rather wait until we find out with certainty about the 50 percent funding or until budget time.
Robert said that any position on the County payroll is only guaranteed until the end of the fiscal year, unless you are an elected official. The Board can add or delete positions from our payroll as they see fit. If the Board sees fit to continue this position now, this position would stand on its own come July 1. If the State does not pay their half come July, the County is under no obligation to continue the position. Everyone should realize that if the State doesn’t come up with their share, the chances are that this thing may falter, unless the Board wants to assume 100% of the funding.
Susan Pittman said it’s just a chance we would have to take. If 99 counties out of 100 are getting this money, why wouldn’t we, unless the State cuts the funds.
Bill Beuttell said he is willing to assume the risk and hire him. Our needs are as great as the other counties in the state, Bill said. I feel we need to hire this gentleman and I’m willing to proceed.
The Legislature has slighted Avery County many times in the past, Bill said. I would hope they don’t do it again.

Budget Amendment #____________
Motion by Bill Beuttell to hire Mark Forbes effective at the termination of the EWP Program, through the remainder of the current fiscal year, and at that time we will look at whether the state has come up with their funding and what to do with the position after that time. He is to be hired at the salary as in print before us today. Further, to approve a Budget Amendment in amount of $20,000 in order to continue the salary. Motion seconded by Susan Pittman. Discussion.
The Chairman explained to the group that when we get grant monies or special needs funds, that it is wonderful that someone can be employed using those funds, but that they must also understand that we cannot guarantee that the position will continue, since there are a lot of if’s involved. The County can only do so much. I am pleased that this decision has been made, but also want everyone to understand our position as well, the Chairman said.
Vote: Motion unanimously approved with 4 members in attendance.

Ed Storey thanked the Board for hiring Mark. He added that in the state meetings he has attended in the past, they always brought up the fact that we didn’t have a Cost Share Technician in Avery County. It was a little bit of a hindrance in some of the programs we were able to participate in. By hiring Mark, it will keep him on board, plus he is already familiar with the process and the territory, so no training is necessary. Mr. Storey then introduced Ms. Jane Shaw, our new District Conservationist. We share her with Watauga County, Storey added.

Robert Wiseman said that in the DEHNR letter, it says that the Commission anticipates funding 50% of the salary and benefits for the position in Avery Soil & Water Conservation District, up to a maximum of $22,500. Robert asked if that is a maximum salary or maximum match. Ed Storey advised that it is a match. Ed said the State assures us we are getting a good deal, because it was previously a 40%/60% match, but they have agreed to give us a 50%/50% match.

Social Work III Position
Robert Wiseman advised that there was a break in communications during the budget process on this issue. Drema Hayes was reclassified into a manager’s position effective last July. We did not budget a replacement position when we changed her position, and that left a gap. I recommend that we approve Marie Gwyn’s request as presented, Robert said. Robert said that the Finance officer has assured him that in all probability this will not require a budget amendment in this year’s budget, due to vacancies that have been in existence in the department there is a little money that has not been spent, so we can probably do this without an amendment.

Marie Gwyn, DSS Director, said we would like to have permission to fill this vacancy. We justified Drema being reclassified as Program Manager but the state does require that the supervisor can only supervise 6 Child Welfare Workers. Drema cannot be learning budgeting and other things in our department while she is supervising line social workers directly. We have the money in our budget and we would like permission to advertise and fill the Social Worker III vacancy. We have some people in-house who are qualified for the social work position, but we would advertise outside as well in order to get the best candidate.
Funding for this position would be reimbursed from 50%-60% or maybe more, Marie said.

Kenny Poteat asked if the promotion of Drema resulted in a net gain of one person for the DSS Department. Marie said yes, if we are allowed to fill the vacant position then we would have one additional person in DSS. Phyllis Forbes said that with the workload increasing constantly, it is a given that you would need an additional employee. Kenny asked if they have a place to put this new person. Marie said we have some possibilities, but will have to figure out where to that person. Marie added that this new position would also help relieve some of her workload as well and give her more time to attend required meetings, etc. Phyllis said that having more than one person knowing what’s going on and being cross-trained would also be a big help to Marie, especially in the event she decides to retire.

Motion by Phyllis Forbes and second by Susan Pittman to approve the filling of the Social Worker III position in DSS. Discussion. Marie Gwyn will advertise the position as soon as possible. The understanding is that at this time, no budget amendment is required for this position, the Chairman said.
Vote: Motion unanimously approved with 4 members in attendance.

Avery County High School Road Access – Resolution
Robert Wiseman advised the Board that this Resolution is a carryover from a joint meeting we had with the Board of Education recently. We have drafted a Resolution which reflects the discussion that took place at that meeting. The Resolution was prompted by some serious concern over the traffic flow on High School Road during the hours in which school was either beginning or letting out. The commercial traffic, specifically large trucks, road tractors/trailers, and vehicles of excessive weight, were of concern. We drafted for your consideration this Resolution which would limit large traffic of that type during certain hours of the day—from 7:30 a.m. – 8:30 a.m. and 2:30 p.m. – 3:30 p.m. This would be presented to the DOT for their consideration. Our suggestion to them is that commercial tractor/trailer traffic and vehicles exceeding a maximum gross vehicle weight, which we have not yet established, not be allowed to use that road during those periods of time. Kenny Poteat asked if the Board would approve adding the words, “Avery County Middle School” to the Resolution as it only addresses Avery County High School right now. The Board agreed to add this wording.

Discussion was also held as to what the gross vehicle weight should be for vehicles traveling that road during these specific periods of time. Lengthy discussion on this issue with suggestions from various persons attending the meeting such as Jack Wiseman and Bill Close. Following discussion, the Board agreed to add to the Resolution the stipulation that access be denied to all commercial tractor trailer traffic and single-axle vehicles exceeding 18,000 lbs. gross vehicle weight during regular school days.
The County Attorney asked if this is limited to school days only. The Board advised that it is. The Attorney also advised the Board that according to the Joint Meeting with the Board of Education, this was supposed to be a recommendation to the DOT, not a mandate. She asked if the Board would like to re-word the Resolution so it is a recommendation. If so, the word recommendation could be incorporated into the fourth paragraph, Michaelle Poore said. She added that this should be in effect for school days only. The Board agreed to add that wording to the Resolution.
Bill Beuttell asked if we should notify the Town of Newland in advance about our intent to restrict traffic on that road during certain hours, since the Town would have to accommodate a larger amount of traffic during those times, or should we wait before notifying them. Robert Wiseman suggested we wait until the Board of Education has seen this resolution and had a chance to discuss it.
It was agreed that the resolution would be re-written with the incorporation of the changes as discussed today. The resolution will be forwarded to the Board of Education for their consideration.

Revision of Salaries of Elected Officials
Robert Wiseman advised that if the Board has the intention of changing the salary of an elected official prior to the May primary, it needs to be done between now and 14 days from the filing deadline. Bertie Burleson said the second Monday in February is the first date that someone can file for office in Avery County. Robert said that we need to decide whether or not to change the sheriff’s salary. We will not have a seated sheriff running again for that position. Robert said that his recommendation is that the Board should leave the salary for the Sheriff as is. I think we have struggled long and hard to get salaries up to where they are competitive with our counterparts in comparable surrounding counties. As the data collected in July will indicate, the sheriff’s salary is still a couple of percent below the median salary for those counties that we usually use for external comparisons. This issue of whether to change the salary for the sheriff can be argued either way. A good way to look at it is that the new sheriff may not be as experienced in the job as the previous one, but has the same responsibility and authority as the previous one, Robert said.
Robert said that Commissioner Strickland called this morning to let us know that he is in favor of leaving the salary of the sheriff as is, for the reasons stated. He is on holiday with Mrs. Strickland and is, to the best of my knowledge, not in rehab.

Susan Pittman said she felt the salary should be left as is. Bill Beuttell agreed. Kenny Poteat said he would go along with the majority, that he already voiced his rationale on this subject earlier. Discussion. Kenny said he doesn’t see the fairness in changing all the elected officials’ salaries. Robert advised that neither the Tax Collector nor Register of Deeds are running this time, so the only time you could address those two salaries would be in this same timeframe, prior to their filing deadline. Kenny said as an example, Mary Daniels has many years of service and tenure with the county and he does not feel someone should replace her at her exiting salary which she has merited and earned over the years. Robert made an excellent point also in that to be competitive with other areas and attract the kind of people we want for these jobs, when we are already lower than the other areas, it makes sense to just leave the salary as is, Kenny said. The Chairman then declared that the sheriff’s salary will be left as is.

Robert Wiseman advised that there were also some related issues from last time that he thinks will be brought up today by the County Attorney in her report in regard to designation of temporary part time employees that Commissioner Strickland had concerns about. Also, the issue of paid vacation and whether or not the County had the authority to deny to pay a person their accrued vacation if they were fired for cause.

Bill Beuttell said he had also spoken with the manager about the possibility of introducing a referendum in the coming election in regard to a local revenue options package for the county.

Robert Wiseman said that he and Bill Beuttell discussed previously to at least schedule for discussion at our next meeting the idea of an alternate source of revenue from Avery County that would, in essence, lower the tax rate in Avery County across the board. After this Revaluation cycle would be the opportune time to bring this up. I think it would have more public scrutiny and public support. It would necessitate local action at the NC Legislature in the form of a local bill. It would take a lot of effort on our part. I think it has the potential to lower the tax rate across the board in Avery County. It could also allocate a lot of the cost of operating the County back to those individuals who are utilizing the lion’s share of our assets and Avery County’s limited resources. That would be done through local legislation that would give the Board of Commissioners the authority to do that. I don’t want to go into detail on this issue right now, Robert said. I think that the proposal I would present to the Commissioners for consideration would require a referendum of the people to vote on this, and I think it would be an overwhelming majority in favor of doing it. The Legislature has to first give us the authority to hold that referendum. It might also involve getting together a petition. I think this would be a drawn out process, but I think it would serve the people of the county well for years to come, Robert said. He added that we need to refine this a little more so the press can have all the information as to where we are headed. Several Work Sessions will probably be required on this issue.

Progress - New Health Department Construction
Chairman Poteat commented that he is very disappointed in the lack of progress on the new Health Department construction. He compared the construction on this facility to that of a new office currently being built for Dr. Clark here in Newland by Gragg Construction. Kenny said he drives by both buildings every day. The Gragg Construction works nearly every day, sun or snow, and they have Dr. Clark’s building nearly under roof. We have done so very little on our building and most of it has blown down now, too. Kenny asked if there is any way we can prompt our construction people that we are very displeased with what is not happening on that building.

Robert Wiseman said he agrees with Mr. Poteat on this issue. He said that the day we returned from Christmas holidays, I pulled into the parking lot and all the walls were up and the insulation was up. The people who were working were putting a vapor barrier around the outside of the building. I came into the building and opened my office. Within a few minutes I went into the Clerk’s Office to discuss our upcoming agenda packets. I walked to the window and looked out. The entire east wall of the Health Department building was lying on the ground. The wind was not blowing very hard at that time; not nearly as hard as it had blown over the holidays. I could not figure out what had happened to make the walls fall. I called our Inspections Department. They came down and we went over and looked at the situation. The Superintendent for the project was not there because his sister had died the night before. The project foreman for Wilkie Construction was on vacation and not scheduled to return until after January 1. I then called our architect and explained what had occurred, Robert said. They sent a structural engineer up here before the end of the working day. The stand that Wilkie Construction was taking is that they would have to have their insurance provider look at what had happened before they could do anything. We are going into the Christmas holidays and I used executive privilege in this instance. I told them that if they didn’t get that stuff up off the ground and get it back up, weather pending, that I would find a local contractor and we would put the walls back up ourselves, and that Wilkie would not be paid. The walls are now back up, except for a few places where there were material shortages. We talked about liquidated damages, penalty clauses as well as the future business relationship between our architectural firm and Avery County. That is just an update on where we are now. I am glad to see it is back up with the exception of the insulation, Robert said. I think this incident was a combination of not only the material, but also the workmanship and the judgment of the subcontractor who installed the framing. It was also combined with the fact that the wind had blown very strenuously all through the Christmas Holidays. The final verdict is that the reason the east wall fell was that the anchors which were bolted to the concrete slab to hold the braces, which held the wall, were inadequate. The anchors in the concrete were only ¾ inch long. The braces on the south wall were not as numerous as the ones on the other walls. The consensus is that the anchors were weakened by the continual blowing of the wind during the holidays, and they just pulled out, Robert said.

Update – New Transportation Authority Building
Phyllis Forbes asked if there are any new developments on the Transportation Authority Building. Robert advised that there are not. He said that he received an e-mail from Mary Perry, with the Dept. of Transportation, the first week in December. I originally wrote her a letter back in October to request a meeting with her, but I never received any feedback from that correspondence. She e-mailed our Transportation Director, Linda Cuthbertson, the first week in December and said that she wanted to schedule a meeting with me and all the stakeholders in the project. She said she would be back in touch with Linda before the end of the week in order to establish a date. This is the first week in January, and to my knowledge, she has not yet contacted Linda.

My intent, since nobody seems to be paying any attention to Avery County, is to go the obvious route, which is to contact Senator Elizabeth Dole, Congressman Patrick McHenry, or anyone else who can bring pressure to bear, Robert said. It is not so much that our bids were high or cost projections were high, or that we came in over the budget that was anticipated, but the issue is that since that day we have bent over backwards to do everything they have asked of Avery County. We have regrouped and refigured and done all we can. The last correspondence I had with them, I told them to tell us the parameters we have to work within, and would do it. Just give us some closure so we can plan the direction we need to take. To this day, since October, we have had no correspondence from them, Robert said.
Bill asked if the Board can, by consensus, instruct the Manager to get a letter off to Senator Dole and Congressman McHenry in order try to get some help. Copies should also be sent to our State Senator and Representative. The Board agreed that it is taking entirely too long to get an answer from the state.

Recess – The Board took a brief recess at this time.

County Attorney Report – Michaelle Poore
Temporary Part-Time Employees
Michaelle Poore said she has no problem with taking out the language in the Personnel Policy regarding the 24 month limit on the temporary part-time employee classification.

Accrued Vacation Pay
Michaelle said she doesn’t think there is a problem with this, but she has asked the Institute of Government to check on it for me. The lady who is to do the research on it is out of her office until tomorrow. I think that at the previous meeting, the Board said that as soon as I indicated to you that it would be alright, then Robert could go ahead and act. Robert Wiseman said the first issue on temporary part-time employees is moot. Commissioner Strickland’s concern was whether or not we had to set a timeline that would make a person permanent as opposed to temporary. Ms. Poore just said that is not an issue. There is no requirement that you have to make a position permanent after a certain number of months, Robert said. We will incorporate that into the revisions that the Board approved, if that is still the consensus of the Board. The Board agreed.

The other issue was regarding the paid vacation, Robert said. As you recall, under current policy, a person can be paid for accrued vacation under two circumstances. One is if they retire in good standing, with retirement as defined by the LGC. The other way that those monies can be paid is if an employee dies while in the service of Avery County. The monies to compensate for the accrued vacation go to the estate. That is how the Policy is currently written. Nobody else gets paid for accrued vacation. The question is that we want to be able to pay employees who resign in good standing. I think we should be able to pay those people as opposed to them having to take all their vacation before they leave in order to get it. That inhibits the hiring process. However, what about the people who are terminated for cause? Do they have the same right to get paid for their vacation as a person who retires in good standing? Michaelle is currently waiting for a ruling on this from the IOG, Robert said. If the answer comes back from the IOG that we can refuse to pay the person their vacation time if they are fired for cause, would the Board allow us to implement the policy based on that information, or do you want us to bring it back before the Board? Michaelle is looking at the legal ramifications if we refuse to pay someone for their vacation time if they are dismissed for cause. These days everybody is looking to sue the county or city—it’s the “big pocket” syndrome and is getting more prevalent every day, Robert said. We want to make sure that if we were tested on it, that it would not be discriminatory. Susan said if it’s written in the County Policy and it’s the rule and the employee knows that when they are hired, then they shouldn’t be able to say anything. Michaelle Poore said that you can’t just put something in the County Policy and say it’s the policy. You have to make sure that it is going to comply with the law because it would be treating a matter of severance pay or vacation pay differently between different employees. That is where the issue is, Michaelle said. We will await findings from the IOG on this issue, the Chairman said.

Michaelle Poore reported that two cases with the County were settled that the County was involved in. One involved a Workers Comp case and it was settled. The other involved Courthouse construction and non-payment to one of the subs in that matter; it has been settled as well.

Qualified Zone Academy Bonds (QZAB)
Michaelle Poore advised that it is going to be necessary for the County to take the title back to the Avery High School property, then lease the property back to the School Board. The property has to be titled in the name of the County in order for the bonds to be issued. The School Board held a meeting and passed a resolution authorizing the transfer of the property. It was not quite what I would have liked to have seen because it did not authorize the School Board to execute a Warranty Deed back to the County for the property. I have contacted the School Attorney and asked him to correct that. Also, Michaelle said, in order for the County to take the property back, it will be necessary to hold a Public Hearing on that matter, which we can schedule at the first Regular Meeting in February. We can also clear up any additional resolutions that may need to be passed and try to get that finalized during the first week of February. Tim Greene told me that he called the LGC and that our QZAB Bonds were approved today, Michaelle said.

The Chairman advised that a Public Hearing will be held at the February 6, 2006 Regular Meeting at 4:00 p.m. in regard to the transfer of title to the County from the School Board on the high school property.

Comments
Bill Beuttell asked if the County Attorney or Manager have received any information regarding the comments that were made during Public Comment time today by Mr. Dugger in regard to coming after the County, etc. The Manager, County Attorney and other Board Members advised that they have not received any information about that matter.

Approval of Minutes
Motion by Susan Pittman to approve the Minutes of the December 5, 2005 Regular Meeting and December 5, 2005 Joint Meeting with the Board of Education.
Motion seconded by Bill Beuttell. Discussion.
Bill Beuttell said that there was a mistake in the Minutes. He said the Minutes do not reflect a dollar amount that the Board of Education said they had in their Fund Balance. The Bd. of Ed gave a range as indicated in the Minutes, but I think they also gave a dollar amount, Bill said. The Clerk was asked to research this matter.
Motion amended to approve these Minutes with the change as noted and unanimously approved with 4 members in attendance.

Agenda Consent Items
The Agenda Consent Items were approved by a consensus of the Board.

Upcoming Meetings
The Chairman advised that the next Regular Meeting of the Board will be held on February 6, 2006 at 3:00 p.m. A public hearing will also be held on February 6 at 4:00 p.m.
We will hold a Joint meeting with the Board of Education on March 6, 2006 at 5:15 p.m. – here.

Robert Wiseman advised that we will hold a Special Meeting with the Board of Education prior to the Quarterly Meeting we have set with them on March 6, 2006. Discussion on catering a meal for the Joint Board of Education meeting in March. The Board agreed to cater the meal.

Robert Wiseman advised that we also need to arrange for a Special Meeting with the Board of Elections regarding voting equipment as soon as we can find a free day.

Discussion on setting up a Workshop Meeting. The Chairman suggested finding out when Joe Strickland would be back in town before setting this date.

Adjourn
Motion by Bill Beuttell and second by Susan Pittman to adjourn this meeting at 5:00 p.m. Motion unanimously approved with 4 members in attendance.

__________________________________
Kenny Poteat, Chairman
Avery County Board of Commissioners

ATTEST: _____________________________
Nancy H. Cook, Clerk to the Board