The Avery County Board of Commissioners met in Regular Session on Monday, April 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
Members Absent: Joe Strickland, Phyllis Forbes

Call to Order
Chairman Poteat called the meeting to order at 3:05 p.m.
The Chairman then led in prayer.

Proclamations & Awards
Resolution of Respect – Kevin T. Bell
Chairman Poteat read aloud a Resolution of Respect in memory of former EMS employee and Banner Elk fireman, Kevin T. Bell, who passed away on March 16, 2006.
Motion by Susan Pittman and seconded by Bill Beuttell to adopt this Resolution of Respect as presented in memory of Kevin Bell. Motion unanimously approved with 3 members in attendance.
Chairman Poteat advised that a memorial service was recently held at Lees-McRae College in Banner Elk in memory of all those firemen who lost their lives. He thanked everyone who participated in the service, stating that it was a fitting testimony to the lives of those young men.

Public Comments
Mr. Bill Close, Chairman of the EDC Committee, commented on the new Assisted Living Facility which is to be constructed at Elk Park. The owners have closed on the property and the project will begin shortly.
This will be a new $4 million dollar 60-bed Assisted Living Facility for our area. Chairman Poteat congratulated Mr. Close on all the hard work he did in order to help this project come about. Mr. Close advised that they plan to get the footers in the ground by May 11 and hope to open the facility in May 2007. Chairman Poteat asked Mr. Close to explain this new project to the public, which he did.

Jay Leutze from Minneapolis introduced a Resolution for the Board to consider at an upcoming meeting. The Resolution deals with loss of land and losing the mountain heritage of hunting, fishing, spending time outdoors without coming across posted signs, etc. Leutze said that we are running out of places for people to hunt and fish in this county as a lot of the land has now been posted by the owners. The Board agreed to consider the Resolution at a later date.

Press Release – Avery County Tax Rate
Chairman Poteat read aloud a Press Release regarding the Avery County tax rate, stating that two members of the Board are absent today but have been contacted by phone and that we have a unanimous consensus of the Board on this matter. Chairman Poteat stated that the Commissioners are on record as stating that there will be a substantial tax rate decrease for budget year 2006-07 in Avery County, and as a result, many taxpayers’ property taxes will remain the same or decrease.

Appointments – 2006 Board of Equalization & Review
Chairman Poteat advised that at first we did not have enough people applying to serve on this board so we extended the deadline for a little over a week in order to try to get more applicants. We have 22,000 parcels of land in Avery County and we have had 300 appointments made to meet with the Board of E&R. It will take about a month or 3 weeks to go over all of those appeals and it will require a good deal of time on the part of the people who serve on the Board of E&R. We received 7 applications as follows: Don Baker, Bea Daniels, Jayne McNeil, Edith Traver, Vernon Carpenter, Herbert Mercer and Hugh Fields.
The Chairman asked that the Board vote on the sheet provided in their packet and the scores would be tallied during a break. While votes were being tallied, Phillip Barrier, Tax Assessor, explained the Board of E&R process to the audience.
After the votes were tallied, the Chairman announced the following results:
Members for the 2006 Board of E&R will be: Hugh Fields, Edith Traver, Don Baker, Vernon Carpenter and Jayne McNeil. Alternates: Amy Vaughn and Bea Daniels.

Bill Beuttell asked where Avery County ranks in the state as far as our tax rate. Robert Wiseman advised that we are tied at 10th from the bottom with a 53 cents per $100 tax rate. There are 89 other counties in the state higher than us, and we are tied with one other county at our 53 cent rate. Chairman Poteat added that there will be a substantial tax rate decrease this year.

WAMY Board Appointment
The Manager advised that we have been looking for someone to serve on this Board for about 2 months. Ms. Jean Ray, Caregiver Haven Coordinator at the Avery Senior Center, has agreed to serve if the Board wishes to appoint her.
Motion by Susan Pittman and second by Bill Beuttell to appoint Jean Ray to serve on the WAMY Board of Directors representing public/elected officials. Motion unanimously approved with 3 members in attendance.

Avery Planning Board Appointments
Robert Wiseman advised that there are 3 positions on the Planning Board which need attention. Rachel Deal and Joe Perry’s terms have expired and the Planning Board is requesting that these individuals be reappointed to a 3-year term effective March 2006. Also, there was a vacancy on that Board when Jody Johnson resigned. Ms. Diane Jaynes and Ms. Cheryl Buchanan have both applied for that position.
Discussion.
Motion by Bill Beuttell and second by Susan Pittman to reappoint Rachel Deal and Joe Perry to serve a 3-year term on the Avery Planning Board, effective March 2006.
Discussion. Bill Close commented that he thought that when the Commissioners reduced the members on the Planning Bd. From 14 to 9, that it was an attempt to get down to 7 members through attrition. Chairman Poteat said that the Board did discuss that matter, but that it was not necessarily favored by everyone. Tommy Burleson advised that with the reappointment of these 2 people, there would still only be a total of 6 members on the Planning Board.
Vote on Motion: Motion unanimously approved with 3 members in attendance.

The Board also considered the applicants as presented for filling the vacancy on the Planning Board created by the resignation of Jody Johnson. Applicants are Cheryl Buchanan and Diane Jaynes.
The Board was asked to vote for these candidates on the sheet provided. Votes were tallied and the Chairman announced that Cheryl Buchanan has been selected to be the 7th member on the Planning Board. She will serve a 3 year term.

Tax Collector Report – Mary Daniels
Mary Daniels, Tax Collector, presented the monthly report of tax collections for March 2006 in amount of $484,197.49. Mary reported that of the $12.7 million turned over to her office for collection for 2005, that they have collected 95.6% through March 2006. Bill Beuttell asked how her collection rate compares to other counties in the state. Mary said that this 95.6% is just through March, and that the rate for the year will probably be higher than that. Bill complimented Mary and her staff for the fine collection rate.

Motion by Bill Beuttell and second by Susan Pittman to accept the Tax Collector’s Report as presented. Motion unanimously approved with 3 members in attendance.

Tax Assessor Report – Phillip Barrier
Real & Personal Releases
Phillip Barrier presented the Real & Personal Releases in amount of $1,508.89 County tax and fire tax of $117.54. Discussion.
Motion by Susan Pittman and second by Bill Beuttell to approve the list of Real & Personal Releases as presented. Unanimously approved with 3 members in attendance.

Real & Personal Refunds
Real & Personal Refunds were presented in amount of $37.24 County tax and $3.04 fire tax.
Motion by Bill Beuttell and second by Susan Pittman to approve the list of Real & Personal Refunds as presented. Motion unanimously approved with 3 members in attendance.

Motor Vehicle Releases
Motor Vehicle Releases were presented in amount of $529.57 County tax and $42.09 fire tax.
Motion by Susan Pittman and second by Bill Beuttell to approve the Motor Vehicle Releases as presented. Motion unanimously approved with 3 members in attendance.

2006 Board of E&R
Phillip Barrier reported that the Board of E&R is scheduled to start meeting on April 24, 2006.
He added that if the taxpayer is not happy with the decision they receive at the Board of E&R that they can also appeal to the State Property Tax Commission in Raleigh.

County Manager Report – Robert Wiseman
Lease Agreement with ESC
Robert Wiseman advised that the lease agreement with the ESC Office downstairs has expired and we are operating on a month to month basis. On February 17, 2006 Terry Whelan, Assistant Finance Officer, advised ESC that their lease would expire on February 28, and he sent them a revised lease agreement. We have had a hard time getting them to sign it. We do not feel we have been treated fairly on the rental amount for that space as counties surrounding us are being paid $11-$12.25 per square foot and the ESC provided their own utilities and janitorial services in some cases. We are currently being paid $6.75 per sq. ft. and the lease says we provide the utilities, the janitorial, maintenance, snow removal, etc. We received correspondence today from ESC and we hope they will consider our $11.65 sq. ft. proposal. We would still pay the utilities. We do not want to lose this service to the people of the county as it is in a convenient location, but it is not fair to the taxpayers to get that kind of revenue when ESC is paying so much more in Mitchell, Watauga and Catawba Counties. If would be a very controversial issue if ESC were to have to leave Avery County. The services would still be available, but people would have to drive to Spruce Pine or Boone to those ESC Offices. Hopefully we can work this out.

Proposed Budget Workshop Schedule
Robert Wiseman advised that he and Tim Greene have been conducting departmental budget meetings and have gone over their budgets line item by line item. In the near future the Board needs to meet and discuss the information that Tim and I have put together. We have prepared a proposed budget schedule for your consideration. Discussion on the schedule and which dates the Board Members would be able to meet.
It was decided to hold the initial budget meeting one day at the end of April, according to when the majority of the Board can attend. Board Members are to advise the Manager of when they can attend.

Robert advised that the Joint Meeting with the Board of Education is scheduled for May 4. This date is subject to the Board of Education’s schedule and can be discussed with them later today.

The second budget meeting we have scheduled would be May 11, then May 25. That last meeting may not be needed, depending on if there are a lot of loose ends to tie up, Wiseman said.
We are required by law to file the tentative budget on June 1 with the Clerk to the Board for public scrutiny. At the first Regular Meeting in June we would set the date for the Public Hearing on the budget and advertise that date, which needs to be on June 19, our second Regular Meeting for the month. We would conduct the Public Hearing and hopefully adopt the budget at the June 19 meeting.

H&CC Block Grant Lead Agency Designation
Robert Wiseman advised that this is an annual budget process for the Aging Services. He referred the Board to the Memo from R.D. Daniels, Director of Senior Services. The Commissioners must appoint a lead agency to head the planning and budget process and appoint a Committee to advise the agency and County on the needs of senior citizens each year. Robert read aloud the list of members of the H&CC Block Grant Committee recommended for reappointment: R.D. Daniels, Joe Strickland, Barry Bullock, David Rash, Tres Magner, Kay Decherd, Anita Davie, Rachel Deal, Carolyn Holland, Grace Calhoun, Jean Ray, Cobenna Barker and Linda Cuthbertson.
Motion by Susan Pittman and second by Bill Beuttell to approve the Avery Sr. Service as Lead Agent for the H&CC Block Grant and to appoint the H&CCBG Advisory Committee as listed above. Motion unanimously approved with 3 members in attendance.

Resolution in Opposition of the Sale of U.S. Forest Service Property in Avery County
Robert Wiseman presented the Board with a Resolution in opposition to the sale of U.S. Forest Service property in Avery County. He reminded the Board that this is a resolution of support to stop this sale. This Board can only lend our support to the cause as we are unable to affect this issue ourselves.
The sale of this property would put the property back on the tax books of Avery County; however, the tax revenue that would be generated by the sale of the property would be miniscule in light of what we would be losing, Wiseman said.

Chairman Poteat asked the other members of the Board if they were in favor of opposing the sale of Forest Service property in Avery County. The Board indicated that they were opposed to selling the property. Bill Beuttell said he supports the sportsmen 100% in their opposition to the sale of this land. Susan Pittman agreed. Chairman Poteat advised he has received phone calls and letters from various people about this matter and that all of them were opposed to the land being sold.
Chairman Poteat read aloud a Resolution Opposing the Sale of US Forest Service Land in Avery County.
Bill Beuttell advised the Resolution needs to be sent to Sen. Richard Burr as well as the other legislators listed.

Travis Proctor with the Sportsman’s Coalition stated that the State of NC and Governor Easley’s Office have come out against the sale of this property according to the article he read in the newspaper. According to the article, Governor Easley is saying that most of the land that the Forest Service claims is remote and separate from the other is not true, Proctor said. He added that he has also found that to be the case. Easley’s Office also says that North Carolinians have submitted more than 50,000 public comments to the US Forest Service supporting protection of this land, so far. Proctor said he is in agreement with the Resolution which the Commissioners are considering today.

Chairman Poteat asked if anyone would like to speak in favor of selling the Forest Service land; no one wished to speak.
The Chairman asked for a show of hands of those opposed to selling the land. The majority was in favor of not selling the land.
The Chairman then asked for a motion to adopt the Resolution as read.
Motion by Bill Beuttell and second by Susan Pittman to adopt the Resolution in Opposition to the Sale of Forest Land, as read. Motion unanimously approved with 3 members in attendance.

The Clerk to the Board reported on the telephone survey initiated by Mr. Proctor and the Sportsman’s Coalition in the local newspaper regarding the sale of this property. She advised that she received 51 calls in opposition to selling the forest land and no calls in favor of selling it.

Finance Officer Report – Tim Greene
Moved $500,000 from the NCCMT Acct. to the General Account on 3/9/09.
Moved $500,000 from the NCCMT Acct. to the General Account on 3/31/09.

Budget Amendment #_____________ EMS Department
The EMS Dept. received a contribution of $200 from Cannon-Sloop Healthcare Foundation and $50 from Bradshaw & Company General Contractors. EMS wants to put these donations into their training line item.
Motion by Bill Beuttell and second by Susan Pittman to approve a Budget Amendment in amount of $250 in contributions to the EMS Training line item. Motion unanimously approved with 3 members in attendance.

Budget Amendment #_____________ Agriculture Extension
The Agriculture Extension Dept. has received a contribution in amount of $2,000 from the Kiwanis Club of Banner Elk to be used for the 4-H Summer Program.
Motion by Susan Pittman and second by Bill Beuttell to approve a Budget Amendment in amount of $2,000 in contributions to the 4-H Summer Program from the Kiwanis Club. Motion unanimously approved with 3 members in attendance.
Chairman Poteat said he would like to publicly acknowledge this very generous contribution from the Kiwanis Club of Banner Elk for this very worthy program.

Budget Amendment #_____________ Emergency Watershed Protection Program (EWP)
Avery County needs to recognize the NC State 25% In-Kind Match for the Emergency Watershed Protection Program (EWP) for the purpose of stream restoration and debris removal for damage caused by hurricanes Frances and Ivan, raising the total project from $2,959,445 to $3,699,306.
The EWP Project will be funded at 75% federal and 25% state.

When we did the original budget amendment on this project, we did not do the 25% State in-kind match, Tim said. We need to recognize another $739,861.00, bringing the total amendment for the project up to $3,699,306.00. To date, there has been around $3,342,000.00 spent on that stream restoration project, Tim said, adding that this project has put a lot of dollars in the hands of our local contractors who performed the restoration.

Motion by Bill Beuttell and second by Susan Pittman to approve a Budget Amendment in amount of $739,861.00 for the EWP Project. Motion unanimously approved with 3 members in attendance.

County Attorney Report – Michaelle Poore
Michaelle Poore, County Attorney, reported in regard to pending litigation matters, stating that there are no new developments in the Darrell Buchanan matter since the last meeting.
In the last meeting Robert Wiseman advised that a motion had been filed by Wayne Johnson regarding a prior lawsuit he had filed against the County in 1999. Our Court date on that case was March 27, 2006. Judge Payne dismissed Mr. Johnson’s motion at that time. He indicated that he felt the Court did not have jurisdiction to hear the matter, so he dismissed the motion.
There are no other pending matters to report to the Board, Ms. Poore said.

The County Manager brought up the issue of frivolous lawsuits against the people of Avery County. He added that he has brought this matter up several times in the past. He said this is the third time that we have been sued by this party, and rumor has it that there will be a fourth time. I think we owe it to our constituents to draw a line somewhere in the sand when this kind of thing keeps going on, over and over, no matter who it is. The County has spent countless hours preparing a defense for this, since way back before I got here in 2002, Wiseman said. I understand fully that the Courts would consider this to have a chilling effect on the motivation of the Plaintiff to file suit, and that there are only certain areas where costs can be recouped. However, I think that now or at some future date we should revisit the policy that says this is enough, that it is costing us and we need to recoup the people’s money to the fullest extent possible.
The Board recommended that this subject be placed on the agenda for discussion at some date in the near future, with the possibility that it may be discussed at a Special Meeting.

National Incident Management System Resolution (NIMS) – David C. Vance
David C. Vance, Director of Emergency Management, requested that the Board adopt the NIMS Resolution for Avery County. He advised that this is a Presidential directive from Homeland Security that all emergency agencies throughout the country adopt this system for interoperability between systems.
The National Incident Management System would serve as the basis for all incident management situations within the County, and all emergency agencies would work under this system. It also ties the agencies to any Federal funding that might come down the pike. He added that we need to adopt this Resolution in order to continue receiving Federal funding.
David advised that this Resolution states that Avery County is in agreement to comply with the NIMS System on an ongoing program under the directive to see that each agency meets the requirements that are coming down the line, including law enforcement, fire, rescue and also local government all working together. Law enforcement and EMS are currently working to complete the first part of the requirement right now, David said, adding that we are trying to get all of our agencies into compliance.

Motion by Bill Beuttell and second by Susan Pittman to approve this NIMS Resolution as the basis for all incident management in Avery County. Motion unanimously approved with 3 members in attendance.

Approval of Minutes
Motion by Susan Pittman and second by Bill Beuttell to approve the Minutes of the March 6, 2006 Regular Meeting as written. Motion unanimously approved with 3 members in attendance.

Agenda Consent Items
The Board approved the Consent Items by consensus.

Upcoming Meetings
The Chairman announced that beginning May 2006, the Board will go back to two Regular Meetings per month – May 1 and May 15, 2006.

Recess
The Chairman called a Recess at 4:27 p.m. to await the time to hold a Public Hearing scheduled for 4:30 p.m.

Public Hearing – Avery County Urgent Needs CDBG Budget Amendment – Tommy Burleson
Chairman Poteat called the Public Hearing to order at 4:30 p.m.
In attendance were Commissioners Kenny Poteat, Susan Pittman and Bill Beuttell.
Also attending: Robert Wiseman, County Manager; Tim Greene, Finance Officer; Michaelle Poore, County Attorney; Jim Byrne, Boone Housing Authority, and members of the press and public.
Tommy Burleson, Director of Inspections, introduced Mr. Jim Byrne, with Boone Housing Authority, who handles the administration of the grant.
Tommy Burleson advised that Avery County was eligible for $600,000 in grant funds and will be seeking the full $600,000.

Jim Byrne advised that Avery County is required to conduct a public hearing in order to amend a line item budget for this $600,000 Urgent Needs Grant. Proposed amendment to the budget line items is as follows:
Acquisition-$ 195,000; Relocation Assistance-$ 287,000; Clearance/Demolition -$10,000; Planning- $3,000; Administration - $105,000. Total $600,000

Byrne said that this amendment would not alter the total amount of the grant. It would only move money from the Acquisition line to the Relocation Assistance line. By Relocation Assistance we mean that we would be replacing the destroyed/damaged home with another housing unit.

Bill Beuttell asked if any of those mobile homes in a field in Arkansas that the Government purchased through FEMA for flood victims on the Gulf Coast could be diverted to a worthy cause such as this, since they cannot be used on the Coast and it appears they will go to waste. Mr. Byrne said he understands that half of those units have been severely damaged, around $1 billion in damage. He said this money we are dealing with is not FEMA. Bill said that Avery received a little under $1 million for hurricane damage which occurred here, while about 2 ½ times that amount went to another county in N.C. that had no hurricane damage. We are still trying to find out where that money went. We have had some bones to pick with the Government as to where some of this waste has occurred and how it could be stopped or put toward better services, Bill said.
Tommy Burleson expressed appreciation to Jeff Cardwell, David Boyle and some of the others he has been working with. Tommy said that Avery County received over $3 million in EWP funds; $1.3 million for a new Health Dept., $600,000 for Urgent Needs; another $600,000 for Newland Urgent Needs; $1.3 million for HMGP from FEMA; and CHAFT funds of $1.36 million.
Bill said he is not criticizing any of our local officials or the organization, this was just a topic of discussion.
Mr. Byrne said we are carrying out 3 housing recovery programs for the county. These programs are scheduled for completion by October 2008, and we will be finished with 95% of them within 90 days.

Kenny Poteat asked about the $105,000 administration cost for the grant out of the total $600,000 and whether 17%-18% was a typical amount for administration. The $105,000 line is where we can pull the administrative fees from, but it is not just for that one program, Byrne said.

The Chairman asked for public comments. There were none.

Robert Wiseman stated that he feels that Tommy Burleson deserves recognition for the job he has done. He has done more with less help than any other person across the State of N.C. who has had the responsibilities that Tommy has had. Things have not always gone perfectly, but I think we have done more with what we have been allocated than any other county I am aware of, and I think the folks who handle those funds are aware of that. If we had to lose our Health Dept., it could not have happened at a better time. FEMA would not pay us anything for the Health Department, but you know the story of how Tommy and I worked and kept Avery County’s name up front for funding. It has been a joint effort and we would not be closing in on this new Health Department facility unless we had put forth a pretty good effort, Robert said. There are a lot of people who think that Western N.C. stops at I-77, and we just have to keep reminding them that there is a community in Western N.C. that pays taxes just like everybody else, Robert said.

Motion by Bill Beuttell and second by Susan Pittman to close the Public Hearing at 4:40 p.m. Motion unanimously approved with 3 members in attendance.

The Chairman declared the Board in Regular Session.
Budget Amendment #______________ - CDBG
Motion by Susan Pittman to approve the Avery County Urgent Needs CDBG Budget Amendment in amount of $600,000.00 as follows: Acquisition-$195,000; Relocation Assistance-$287,000; Clearance/Demolition-$10,000; Planning-$3,000; Administration-$105,000. Motion seconded by Bill Beuttell and unanimously approved with 3 members in attendance.

The Board Recessed at 4:45 p.m. and will reconvene at 5:15 p.m. in a Joint Meeting with the Avery Board of Education.
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Joint Meeting – Avery Board of Commissioners and Avery Board of Education
April 3, 2006 – 5:15 p.m.

The Avery County Board of Commissioners and the Avery County Board of Education met in a Joint Meeting on Monday, April 3, 2006 at 5:15 p.m. in the offices of the Avery County Board of Commissioners, Administrative Complex, Newland, NC.

Members Present: Kenny Poteat, Chairman; Susan Pittman, Vice-Chairman; Bill Beuttell
Members Absent: Joe Strickland and Phyllis Forbes
Attending from the Board of Education: Frances Banner, Edwina Sluder, Peck Taylor, Sam Eller and Superintendent Grace Calhoun. Marty Barinowski was absent due to illness in her family.

Chairman Poteat called the Commissioners to order at 5:20 p.m.
Chairman Poteat invited the Board of Education to join the Commissioners for a meal prior to beginning tonight’s meeting. Following dinner, both boards were called to order.

Chairman Poteat asked permission to amend tonight’s agenda by placing the Crossnore School project at the top of the agenda. Both boards agreed to the amendment.

Citizen Request for Guardrail and Traffic Regulations for Walt Clark Rd. for Safety of Crossnore Elementary School Students, Staff and Parents
Kenny Poteat advised that Jerry Dugger brought this matter to the attention of the Boards a few months ago and that he feels it is a worthy issue as it deals with the safety of our children. Mrs. Grace Calhoun advised that the question has been who is responsible for looking into this matter. She said that Bob Tatum checked with the Dept. of Transportation and was told by Mr. Combs, a DOT Engineer, that the DOT could not justify the guardrail or flashers because there was not enough traffic on Walt Clark Road. Mr. Tatum then contacted Mr. Ledbetter with DOT in Wilkesboro. Mr. Ledbetter sent the Fax which you have in hand as to the reason the DOT would not honor our request. Mr. John Millan, our School Resource Officer, looked into this matter for us in June 2002 and received the reply that you also have in hand. We received the same answer on March 4, 2006 as we did on June 28, 2002, Ms. Calhoun said. She read the letter aloud from the DOT. The letter stated, in part, that the purpose of guardrails was to protect motorists from roadside hazards such as bridges and severe embankments and that it is not intended to protect property along the roadside. Walt Clark Rd. is a paved secondary road which handles light amounts of traffic, mostly local. These motorists should be familiar with the hazards along this roadway. Sight distances in both directions from the school are adequate as well. School zone warning signs are already in place on the road on both approaches to the school, and school zone pavement markings are in place. These are some of the reasons the DOT did not recommend installing a restrictive speed zone during school hours. They do, however, recommend installing a 35-mph advisory speed panel on the existing school zone warning signs. These panels will be installed in the near future. Due to the fact that traffic on Walt Clark Rd. is local in nature, the DOT did not recommend school zone flashers at Crossnore Elementary School at this time.

Mrs. Calhoun stated that when we inquired of the DOT again about this matter, our answer on March 24, 2006 was that since conditions at the school have not changed since the time of the original investigation, the DOT did not recommend any further action at this time. Chairman Poteat asked Ms. Calhoun if she agreed with the DOT determination. Ms. Calhoun said she feels we should send a joint letter from both boards to the DOT stating that we are concerned about the safety of the children due to the proximity of the playground and that if a car were to go off the road and into the playground that a student could be injured. Discussion on this matter. Bill Beuttell said that in case the DOT were to refuse our request and we had to pay for the guardrail ourselves, how many linear feet of guardrail would be needed for this area and what would it cost. We can ask the DOT one more time to consider this guardrail project because it is for the safety of our children, Ms. Calhoun said, and if they won’t, then we can consider installing it ourselves. She offered to prepare the letter to the DOT and send it to this Board for their signature. Bill Beuttell suggested that Bob Tatum find out how many linear feet of guardrail would be necessary and put that figure and some other facts in the letter as well. Ms. Calhoun agreed.

Robert Wiseman cautioned the Boards about leaving ourselves open to possible lawsuit from some individual who might run into the guardrail that we installed ourselves, in case we were unable to get the DOT to install it for us. Ms. Calhoun said we would have to get the proper engineering for the installation to make sure that it met State guidelines and codes. Edwina Sluder suggested the DOT should install a flashing sign with a 25 mph. speed limit on this road during school openings and closings, just as they have on the road at Avery High School. Ms. Calhoun said if this plan doesn’t work, then we can get together again at our May 4 meeting and see what we need to do.

Jerry Dugger thanked the boards for their efforts to help the children at Crossnore Elementary. He said that the parents, children and teachers all want those guardrails installed. He provided the Board with a petition to this effect. He also provided some photos of the area in question that he has taken. Jerry said that the Newland Elementary has guardrails around their property for at least ¾ of a mile. He added that a lot of people don’t abide by the speed limit on the Walt Clark Road, even some of the parents, and that sometimes some of the buses don’t always stop at the stop sign after you go into the school. Ms. Calhoun said that the school system can take care of that matter; just let them know the bus number. He added that he was glad that both boards seem to be in agreement that these guardrails need to be installed. Kenny Poteat added that Ms. Calhoun will come up with a joint resolution from both boards, which should have more influence than just one of us going after this. If all else fails, there may be something we can do as a community or a county to see that the safety factors are in place, even if we have to do it ourselves. Jerry offered to take this matter to our Congressmen, Senators, etc., along with his videos, if this plan doesn’t work. Ms. Calhoun said she would contact the school principal and get some information from the PTO and parents about this petition and put that in the letter as well. Jerry asked to be informed of any developments in this matter. Ms. Calhoun said she would let him know something as soon as we hear back from this letter we are going to write.

Update on Financial Status for Funding of ACHS Renovation Project
Robert Wiseman said this issue is in regard to the QZAB funding. Tim Greene said he received email from Rick Brown and spoke with some of his counterparts at Bank of America. He said that our lobbyists believe this issue of the QZAB funding should be resolved within the two weeks following the first of April, after their break. Tim said that Brown feels that any legislation will most likely apply to allocations granted after 12/31/05; ours was granted before 12/31/05. We hope to be able to get the QZAB funding under the original terms, which are interest-free, Tim said.
Kenny Poteat said we now feel a little better about being able to get the interest-free loans than we did a month ago. However, it is still not a done deal. Tim added that the QZAB is a cheaper route than just a regular installment loan, and we hope to be able to take advantage of it.

Update on Phase II of Avery High Renovation Project Funding
The Chairman asked for an update on Phase II of the High School Renovation project. Tim Greene advised that we did a Resolution at our last meeting, held a public hearing and put the resolution in place so that we could borrow an additional $1,046,000 for the second phase of that project. However, we are not locked into a loan. It will be up to the Board to decide whether it will be pay-as-you-go financing or an installment loan for that additional $1 million. Even though we have this in place, we would still have to go through the application process, but it should be mostly a formality.
Kenny Poteat asked about how much money has been expended thus far on the project. Tim advised that we have paid 2 or 3 bills to J.E. Greene, but have not paid the Board of Education’s architect bill yet. We have paid around $400,000 thus far, not including architect fees.

Progress Report on ACHS Renovation – Grace Calhoun
Ms. Calhoun advised that the Avery High School Principal is in attendance today. The renovation is going well and is on schedule. The 400 pod is completely torn out and they are ready to start putting the ceilings back in. The good news is that they did not find nearly as much asbestos as they thought they would find. So far, the total cost for asbestos removal is only $5,400.00, compared to the $50,000 which we set aside for this purpose. The gym bathrooms and dressing rooms have been torn out. They found a wiring problem in the ductwork in the electrical wiring above the ceilings in Avery High School. Tommy Burleson, County Inspector, was contacted to come and look at it. Tommy said the ductwork has to be put back according to code and that we should handle the problems with the wiring to the best of our ability, Ms. Calhoun said. We are waiting until our next monthly construction meeting on April 5 to decide how to proceed, Ms. Calhoun said. This expense would also have to come out of those monies we set aside for asbestos removal, she added. We might save money on the asbestos removal but then lose it due to having to do this wiring. Robert said that he has spoken with Bob Tatum about this matter on several occasions. Mark Garrett, Principal at Avery High, reported briefly on the work that is currently being done at the High School. Robert Wiseman said that before the ceiling is put back in, has the necessary work been done on the HVAC System to bring it up to code. Mr. Garrett said that as of right now, the answer is no, it has not been done. We do have another meeting on April 5 about this issue, he said. Susan Pittman asked if someone is there to oversee the project on a daily basis. Ms. Calhoun advised that there is someone there.

Chairman Poteat asked Mr. Garrett how disruptive this project has been to the school’s routine. Garrett advised that they are working well with us and as far as noise and dust, they have done a great job. The superintendent of the job checks in with me on a daily basis and advises us at least a week ahead of time what is coming up. They are model contractors to work with, he said. There has been some inconvenience in wiping out the pods one at a time in that we have to adjust our lunch and bathroom schedules and move to another part of the area. Just a little noise but nothing has impacted our main classroom space. The important thing is for them to stay on schedule and do the main academic pods this summer. Project completion date is August 2007.

Ms. Calhoun advised that the electrical problem we have now at the High School occurred in 1997 because the people who did the work at that time did not encase the wiring in conduit. When they installed computers and ran lines for technology, they just left all the wires hanging there. Even the wires in conduit were not hung per code. There were mainly a lot of wire ties to the metal trusses in 1997, Mark Garrett said. Discussion on what occurred in 1997and whether there is any statute of limitations that we could go back on the company that did the work. Ms. Calhoun advised that they have already tried that route and that the company is no longer in business.

Review of Long Range Plans for Facility Needs for Avery County Schools
Grace Calhoun asked the Board to take this packet of information with them and look over it and if they have questions they can call either her or Mr. Tatum. She said that one thing they are concerned with is the anticipated revenue from the Lottery. She provided the Board with information from the NC Public School Forum, stating the one of the problems we are afraid we will encounter is that the public will think that the Lottery is solving all of our Capital Outlay needs. The figure in the Five Year School Facility estimate is $15,030,087.00. Our projected revenue from the Lottery is only $178,600.00, and it will take 84.2 years to pay for this Five Year Facility estimate from our proceeds from the Lottery.

Report on Need for Renovation of Central Office Facility
Ms. Calhoun reminded the Commissioners that the Central Office building is owned by the County, not the school system. It has been used for many years as the Central Office facility. She said we are in dire need of some improvements in that building because the roof is leaking. We have to cover our computers and other equipment with plastic to keep them from being damaged by the water if the weather projection is for rain. The building needs a new roof, which would cost approximately $55,000. It also needs new carpet and paint for $10,000. The heating system has been giving us constant trouble lately with the boiler turning off and the facility being ice cold some morning when we get there. It will eventually need a new boiler at a cost of around $25,000. I wanted to make you aware of the condition of that facility. That would include replacing the ceilings overhead, as well. You may not be able to do all of this work at once, but can be thinking about what you can do as we go along, Ms. Calhoun said. Robert Wiseman commented that those figure would not include the cost for removal of any asbestos they might find in the ceilings.

Timeline for Construction of the New Elementary School at Banner Elk
Robert Wiseman read aloud a copy of a Memorandum sent to both boards from the Manager and the Finance Officer in regard to the timeline for construction of the proposed Banner Elk School. Robert said that a couple of years ago, when we started searching out property to purchase for the construction of this new school, the question arose as to the starting and completion of the project. Our position has not changed since that time. According to our Debt Schedule, we will experience a significant decrease in our debt in fiscal years 2009-2010 and 2010-2011. We will pay off the Cranberry/Freedom Trail School and will satisfy a big chunk of our debt. Our intent was to time the construction of the new school at Banner Elk so that it would coincide with the reduction in the debt when we paid off Freedom Trail School. We are basically still at this same position. From a financial viewpoint, it is the opinion of the Finance Officer and Manager that the optimum time to begin the planning process for the proposed school would be in the early spring of 2008. Contracts could be awarded early in 2009 with construction beginning as soon as weather permits. This is all predicated on a significant reduction in Avery County’s total debt service in 2002. It is not anticipated that the current school facility would need major maintenance or equipment replacement costs within the next three years. We hope that the increase in the fair market value of the current school property would offset the increase in the cost of waiting 3 years to start this building. The current school property would be declared surplus by the Board of Education, disposed of according to statutes and the proceeds applied to the construction of the new facility, Wiseman said.

Robert Wiseman stated that in about 3 years the student population of Banner Elk School has decreased by about 50 students, from 200 down to about 150 students. We will have some time to determine whether it has bottomed out or declined. It should also be noted that this schedule provides a two year period in which the changes in enrollment at Banner Elk can be monitored. As previously discussed, decreases in student enrollment could have a significant impact on the Boards’ decisions with respect to construction of the new school facility.

Chairman Poteat said that personally, he would like to get on with this project and that he has put pressure on the Manager to expedite this process as much as possible for those very worthy people in Banner Elk. I think it is promising to see dates that are not really that far into the future, Poteat said. This is 2006 and we are hearing that plans and expenditure of funds for architectural work on the project could possibly begin in 2008. The school property has already been paid for, Frances Banner added.
Discussion on the timeline for this project—begin planning in early spring of 2008; contracts awarded in 2009; construction beginning spring 2009; facility could be ready for occupancy in 2010.

Ms. Calhoun asked about the possibility of taking out a loan for beginning construction of the Banner Elk School and paying annual payments out of the lottery money until the debt payment was retired at Cranberry Middle School. Robert Wiseman said that from the looks of the anticipated revenue for Avery from the Lottery, it won’t even scratch the surface. We will only get $178,000 the first year from the proceeds from the Lottery.

Robert Wiseman complimented the Avery Commissioners, past and present, and the cooperation the Board of Education has exhibited toward the Commissioners’ effort. Since I showed up in 2002, and since we adopted a pay-as-you-go philosophy, and especially since Tim has been on board, his experience as a banking professional has proved invaluable. We have done some great things and are in the process of doing more right now, Robert said. We will have to borrow money to complete this school project, no doubt about it, and also borrow money to complete the High School renovation. Meanwhile, we are committed to renovating the second floor of the Annex, even though it is not a million plus situation, but we have to do it in order to vacate the first floor, which is the Jail. We will start on the Courthouse again before the end of this fiscal year in all probability. We also have the moral and ethical obligation to the School Board to do what we have committed ourselves to do, Wiseman said.
Robert added that we should finish the Jail and Annex renovations and the renovation of the existing Jail in time to start this Banner Elk project. Edwina Sluder said she felt the Commissioners are to be commended for what they have accomplished in every area. Ms. Calhoun added that the Board of Education nominated this Board to get an award last year for the outstanding job they do. Susan Pittman said we also have a wonderful County Manager.

Robert said that in 4 years we have no idea what the fair market value of the Banner Elk School property will be, and that is an integral part of this equation. He added that he can sympathize with and agrees with Banner Elk’s efforts to try to secure that property, but that the Town will have to step up to the plate if they are going to be a player in this when it comes time to dispose of the property; this is for the future of Avery County’s children.

Summer Food Service Program – Avery County Schools
Kenny Poteat referred to a letter from the NC Dept. of Health & Human Services concerning the National School Lunch and School Breakfast programs which states that many N.C. counties have no Summer Food Services Program yet have schools that are eligible to participate. Last year Avery County had no Summer Food Service Program, yet 1,261 children were eligible for free or reduced priced meals during the school year. To help remedy the situation, the NC Dept. of Health & Human Services and the Federal Nutrition Services are partnering to encourage broader participation in the SFSP. Mr. Poteat asked Ms. Calhoun what she knows about this matter. Ms. Calhoun explained that the schools which apply for this program have a Summer School Program. We do not have Summer School on a regular basis; we have Remediation and Intervention Programs and we try to use most of our money during the After School in tutoring students and for mediation. We have a 2-week program. We could apply for it for the After School Program through the 4-H Extension, she said. Ms. Calhoun advised that she would talk with Debra Hughes with the 4-H Program about that matter.

Frances Banner, Chairman of the School Board, thanked the Commissioners for the opportunity to meet and for the delicious meal.

Both boards tentatively set May 4, 2006 as the date they would meet to discuss the proposed 2006-07 budget for the schools.

Adjourn
Motion by Bill Beuttell and second by Susan Pittman to adjourn at 6:35 p.m. Motion unanimously approved with 3 members in attendance.

______________________________
Kenny Poteat, Chairman
Avery County Board of Commissioners

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