The Avery County Board of Commissioners met in Regular Session on Monday, June 5, 2006 at 3:00 p.m. in their offices, Avery County Administrative Complex, Newland, NC.

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

Members Absent: None

Call to Order
Chairman Poteat called the meeting to order at 3:07 p.m.
The Chairman asked for a moment of silence in memory of Mr. Hugh Morton who recently passed away.
Following a moment of silence, the Chairman led in prayer.

Public Comments
Reo Griffith
Mr. Reo Griffith spoke at length regarding his family dog, which disappeared while running with him on his daily run on Old Toe River Road. Later that day he found that the dog had been taken to the Avery Humane Society by neighbors living on Old Toe River Road and that it had been euthanized that same day. Reo said that his children were devastated by the loss of their pet. He stated that the Humane Society received the animal at 10 am and it was dead by 3 pm that day, Reo said. Reo advised that G.S. 130A-192 says that the duration shall not be less than 72 hours before they can put an animal down, and they only waited 5 hours. He added that the Board of Commissioners spends a lot of money on this agency. He advised that three criminal warrants have been served in the killing of his dog and that the Sheriff Dept. sent detectives out to the Humane Society and elsewhere to take signed statements in the matter. We know who was at the Shelter and what transpired, and we have signed statements. He asked that the Board look into this matter before one more penny of Avery County tax dollars is spent on the Avery County Humane Society. Reo added that he has been in contact with the State Veterinary Office and sent them a full report. They are very interested in this case and have assured me that a full scale investigation will be done by their office, he said.

Joe Strickland advised that the Humane Society has a Board of Directors and he recommended that Reo get in touch with them to allow them an opportunity to understand his feelings and for him to see their reactions. Joe added that the funds from the County go toward sheltering of animals and not for the salaries at the Shelter. Joe added that Avery County has no Animal Control Ordinance or Rabies Control Ordinance at present. However, this Board has expressed a keen interest in rabies control and there is a move afoot toward rabies control only.

Glenn Johnson
Glenn Johnson commented that something came up on the campaign trail that was mentioned to him by a voter. We are all looking for ways to keep taxes down. One person asked what if we had a tax on property when it is sold that the buyer would pay. We pay sales tax on a loaf of bread or a car when we buy them. There is a lot of property being sold in this county and a lot of money being made on it, Johnson said. I feel we should give consideration to this tax and look into it. Some other counties in the state do have this tax, he said. There would be some local people affected, but not as much as the ones who come in and buy and sell property over and over.

The Chairman advised that the Board has discussed this matter at great length for the past two years. Bill Beuttell commented that the Legislature was talking about giving counties local revenue options. They thought it was going through but it got defeated. We have been pushing the Legislature to give us options such as a Land Transfer Fee or an Impact Fee which is what this tax Mr. Johnson is suggesting would be called. Bill said he has been pushing Raleigh to get this passed, but it falls on deaf ears. He added that it will likely be introduced in the Long Session of the Legislature next January. The Legislature has to give us the authority to do it; we can’t just enact it on our own. Glenn asked why one county can have this tax but other counties can’t. Joe Strickland commented that the NCACC has been a very strong lobbyist of the General Assembly in saying if it is good enough for one county, then you should allow all counties the same opportunity; however, that has fallen on deaf ears but the NCACC is still lobbying for it.
Robert Wiseman commented that the more effective lobbyists are the NC Homebuilder’s Association, NC Realtors, Financial Institutions, etc. They could view this is a stranglehold on their businesses if it were passed. When we have property selling for $5 million, a 1 percent Transfer Fee could generate enough revenue to drop our tax rate overall by 5 to 10 cents, Robert said. The Board assured Mr. Johnson that they will continue working on this.

Benny Vance
Benny Vance stated that what Reo Griffith had to say directly affects me as a hunter as a sportsman and a dog owner. I am concerned about this situation and want you to be as well. It might be an isolated incident and I would have to think if one of my bear dogs were to get off the chain and this happened to them. It is something to be concerned about and if you have a pet it is something to be concerned about as well. I ask that you consider what Reo and his family have been though. I am the President of the Daniel Boone Bear Club and Vice President of the High Country Sportsman Coalition and I would like an investigation on this incident. I am here as a concerned citizen and out of my concern for Reo and what they have been through. I will be reporting to a group of people who are also concerned, Vance said.
Joe Strickland asked how Mr. Vance feels about a Rabies Program. Vance replied that he has no problem with a Rabies program, but when you tack something onto it, as we have argued before, I don’t think Avery County has to be the same as other counties, but I have no problem with dogs being vaccinated. I would like something reasonable; I am not for a leash law and it does not work for the hunting community. Vance added that he has no quarrel with the Humane Society in any way but that he feels this need to be looked into. I would like for somebody to have to come up with a legitimate reason why the Griffith’s dog was put down, he said. If something good does not come out of this, then you will see us again.

Rachel Deal
Rachel Deal commented that she is not representing anyone, just speaking as a citizen. She said the Commissioners gave the Planning Board an ordinance to look at which we spent 6 months on it to try and get something of this nature taken care of. Tommy Burleson, Jody Johnson and I met here with you and about 40 hunters to discuss having a Leash Law of that type. I don’t understand what happened regarding Reo’s dog, but I believe it was not intentionally done. We all need to think about how we take care of our animals, not only the hunters. Nothing was ever done with that ordinance and maybe we need to look into it further. I think our Planning Board has done its part, Ms. Deal said.

Tommy Burleson
Tommy Burleson said that the Planning Board previously came to the Commissioners with two options; one was a contract and the other an ordinance. It created a whole department with employees, containment, equipment, etc. We highly recommended a contract similar to what Mitchell County had to assure the County and address all liability the County has through State law for rabies vaccination and quarantine. Also to have somebody available if a rabies incident does occur. I will get those notebooks back to you again, Tommy said. We feel that the Planning Board is the means to do this through the Humane Society.

Grantley Hoilman
Grantley Hoilman said he did not think this incident involving Reo’s dog was a hunting or rabies issue. It is the fact that the Human Society didn’t wait the amount of time they were supposed to before they killed the children’s dog. According to General Statutes they were supposed to wait 72 hours before euthanizing the animal. I am here as a dog owner, not a hunter. I think it is a big issue if my dog were to slip its collar, someone takes it to the shelter and before I can get home from work that evening my dog is dead. That I s a big issue and I think they need to be accountable for it. We need to be assured as dog owners that this is a mistake and it won’t happen again. I want them to admit that they did wrong by putting this dog to sleep in less than a day’s time. My concern is that it does not happen again. I know that sometimes dogs don’t appear to be in good shape, but that dog was healthy and was taken care of by the family and it just had one leg that was messed up. However they compensate Reo and his family is up to them, but I just want them to do what they are required to do, Hoilman said.
Joe Strickland asked Grantley’s opinion of a Rabies Program. Grantley said he has no problem with a Rabies Program or Rabies Control. We have talked to Tommy Singleton at the Health Dept. about it and he has even talked about joining Mitchell and Avery together on such a program, Grantley said. We just don’t want an Animal Control Ordinance, Grantley said. The biggest problem with an Ordinance is having someone to enforce it. None of the hunters have a problem with a Rabies Program. When it comes to deciding about a Rabies Program or control, I would like to be involved and for the hunters to be involved, Grantley said.
I just want to make sure this type of thing does not happen again. It may have been a mistake, but the dog is dead and they can’t bring it back, Grantley concluded.

Board Appointments
Region D Development Corporation
Robert Wiseman advised that Avery County is a member of the Region D Development Corporation Board and we have 4 seats on that board. It is a region wide consortium to consider Economic Development potential and make decisions on how to solicit organizations that would like to locate in our region. We currently have two members on the Board who can be reappointed--Tommy Burleson and Robert Wiseman. We have an applicant for the third position and are still trying to find someone to serve in the fourth position. Robert said that he currently serves as a Local Government official and Tommy as a member of the Planning Board represents a Community Organization. Robert recommended Ms. Amy Vance, Loan Officer at United Community Bank in Newland who has agreed to serve under the Private Lending Institution category. Robert advised he is still looking for a fourth person to fill that vacancy. Joe Strickland recommended Bill Close, Chairman of the EDC. Robert advised he will contact Mr. Close about serving on that board.
Motion by Joe Strickland to appoint Amy Vance, Tommy Burleson and Robert Wiseman to represent Avery County on the Region D Development Corporation Board. Motion seconded by Phyllis Forbes and unanimously approved.

Tax Collector Report – Mary B. Daniels
Mary Daniels reported a tax collection for May 2006 in amount of $185,386.33.
She advised that Mrs. Poore recently closed out two or three foreclosures we have worked with for years. Mary added that she also has more foreclosures that she is going to turn over to Mrs. Poore to work on.

Motion by Phyllis Forbes and second by Susan Pittman to approve this report as presented. Motion unanimously approved.

Tax Assessor Report – Phillip Barrier
Real & Personal Refunds
Phillip Barrier reported Real & Personal Refunds in amount of $62.72 with Fire Tax refunded in amount of $5.12.
Motion by Phyllis Forbes and second by Bill Beuttell to approve the Real & Personal Refunds as presented. Motion unanimously approved.

Vehicle Releases
Motor Vehicle releases were presented in amount of $736.10 with $60.03 Fire Tax released.
Motion by Susan Pittman and second by Bill Beuttell to approve the Motor Vehicle Releases as presented. Motion unanimously approved.

Board of E&R
Phillip Barrier reported on the 2006 Board of E&R activity.
The County’s assessed value is $3,523,923,976.00.
The Board of E&R heard 165 personal appearance appeals from taxpayers and worked on 295 correspondence appeals.
We had less than 500 appeals out of 25,000 parcels, Phillip said.
Twenty of those appeals have filed for a hearing with the N.C. Property Tax Division.
Twelve percent of the total number appealed is going to the State. Appeals are not in just one area, Phil said; they are spread out.

Phillip added that the 2006 Board of E&R worked very hard this year and that we appreciate them.

New River Behavioral Health, Interlocal Agreement – Don Suggs
Mr. Suggs was accompanied by Pam Andrews and Dr. Bob Wilson with New River Behavioral Health Care. Mr. Suggs explained that they are here today to ask the Board to adopt a Resolution allowing New River Behavioral Health to pursue looking for a merger partner for the administrative functions of New River that have to be performed by local authorities. In 2002, the Mental Health Reform Act was passed to reform the way Mental Health services were delivered. This Act separated the way services could be delivered. Mr. Suggs said that New River would rather be a service provider than an administrator. He said they hope the Commissioners will approve for them to investigate the possibility of forming a 160A service provider organization which would be comprised of a total of 5 counties. He advised that this Resolution also addresses the upcoming change in Mental Health Reform which will probably come about next year when the budget is adopted. Due to the changes, our Mental Health Program will have to merge with another program to meet the criteria. The other piece of the legislation is to authorize us to begin looking for a merger partner for the administrative functions that have to be performed by local authorities, Suggs said. All counties we have met with have supported and signed Resolutions on this matter, Suggs said. Suggs said we have about 167,000 in our 5 counties (Alleghany, Ashe, Avery, Watauga and Wilkes Counties), which is short of the required 200,000. He added that the State will be placing a 10 percent penalty on counties that do not merge.

Robert Wiseman asked Mr. Suggs what the financial impact would be to Avery County if this proposal goes as we hope it will. Mr. Suggs advised the impact should be minimal or none. Robert asked what happens if the revenues don’t offset the expenses. He said he felt that if their revenue sources fall short that they would be coming back to the County for money. Suggs said it is a possibility that we would come back but we don’t think that would happen. He said that with a 160A, we don’t think we would operate any differently than we do at present. The County is under no obligation to increase funding to the administrative section, nor could it be forced to give any money to the LME for administration. I think that the monies now given by the County are required by State statute to go toward service delivery and it cannot be used for administration, Suggs said. Each County would have the discretion to specify that any allocation they make be spent in their particular County and what they would like for it to be spent for, Suggs said.

Motion by Joe Strickland to adopt this Joint Resolution with Alleghany, Ashe, Watauga and Wilkes Counties and to authorize the Chairman to sign the Resolution on behalf of Avery County. Motion seconded by Susan Pittman and unanimously approved.

Subdivision Approval – River Mountain Incorporated
Tommy Burleson advised that River Mountain Incorporated is a major subdivision with 33 lots, located at Heaton near the DOT property. (Anything over 10 lots constitutes a major subdivision). Maps of this subdivision were provided to the Board for their information. Tommy advised that this subdivision has already been reviewed by the Avery Planning Board. The Planning Board is pleased with the density levels; all lots are over 1 acre. These are all single-family dwellings. Joe Strickland asked if there is any way to lock them in so they can’t convert to a timeshare or something other than the original purpose of the unit. The only way they could go to a higher density would be to build a wastewater treatment plant, Tommy said, but those are becoming hard to get in Avery County. Joe said that when we approve these subdivisions we have no idea of their future plans at the time we give approval. Phyllis mentioned that Linville River Farms has now gone to timeshares. Joe said sometimes these things become timeshares after the fact and then there is a backlash of concern. He asked if we could address it now, before the fact.

Tommy Burleson explained why Linville River Farms ended up having to put those little cottages down near the store rather than back up there out of sight on their property as being due to their being unable to get NCPDS. Now all of a sudden you have condominiums and there is always the option of having timeshare with condominiums. Susan asked if Linville River Farms had to come back before the Planning Board when they decided to change and put the little houses down next to the river. Tommy said that it was under planned unit development and they didn’t have to come back to the Planning Board. Susan said it is an eyesore anyway. She also commented on the new development near the Blueberry Farm in Banner Elk – saying that they are going to fall off in the road or the creek due to where they are sitting. Tommy said the engineer says they won’t; he’s from NC State. Tommy added that the Planning Board is currently working on amendments to the Subdivision Ordinance. He said we need to address whenever characteristics change from one site to another site, they need to be reviewed by the Planning Board. The Board agreed they need to be reviewed by someone because the board has become the recipients of all the adverse feedback on these developments when something goes wrong. Phyllis said that people expect us to know what’s going on, and sometimes we don’t know.

The Chairman advised that as there are legitimate concerns by both parties that he feels we should get together and talk at the end of a regular meeting, etc. and discuss these concerns to see if there is something we can do.

Joe Strickland said he has always advocated to this Board that we need to give some consideration to Land Use Planning. Of course it will invariably become a problem if we do not start addressing it now as opposed to some knee-jerk reaction later on when we are backed up against the wall. If I remember, Tommy had an excellent suggestion that was similar to another County and was working well for them. I would advocate that if not this Board, then a future B\board needs to weigh into that along with the Planning Board to deal with the subject before it becomes unmanageable. Discussion on setting up a meeting on this matter. Tommy asked if the Board wants to charge the Planning Board to look at a Land Use Plan again. I have all that information in my office, Tommy said. Discussion. Robert said we could save the Board some time if Tommy and I sat down and shared some ideas and put together an agenda and identified concerns that need to be addressed. My opinion is that the passion of the people in Avery County has shifted from “nobody is going to tell me what to do with my property” attitude to the other side of the coin, which is “how do we stop these folks from destroying the very things that they came here to find?” I think you will find a definite switch in the attitude of the people, Robert said. Not local people or summer residents, but all of the people. I think this is a good opportunity to address these issues, Robert said. Joe added that if we don’t address the issue now, it is going to become unmanageable and a nightmare. It was agreed for Robert and Tommy to meet and plan an agenda so a meeting can be held, most likely after one of our Regular Board Meetings.

Discussion on whether to approve this subdivision now or wait until that proposed meeting is held. Tommy Burleson said there is no need to hold off on approval. He added that they do have one recommendation on this subdivision. The Planning Board would like for the Motion to state that the owners will provide a Surety Bond that all roads, sedimentation and soil erosion measures and storm drainage measures will be in place.
Motion by Joe Strickland to adopt this plat on the River Mountain, Inc. Subdivision with the requirement that the owners provide a Surety Bond that all roads, sedimentation and soil erosion measures and storm drainage measures will be in place. Motion seconded by Susan Pittman and unanimously approved.

The Board took a Break at this time.

Avery Humane Society Budget – Alice Sudderth
Robert Wiseman advised that we have a request in our packet from the Avery County Humane Society. We feel that this is a recurring issue that is not going away. I cannot recommend to the Board taking out of next year’s budget money to make up for the deficit of this year’s operation, Robert said. We have been here before on this same issue, Robert said, and it has never been resolved.
Joe Strickland reminded the Board that it has reached closure on this subject in a previous meeting.

Alice Sudderth provided the Board with a list of Shelter information as to number of animals that came into the Shelter last year, went out, whether adopted, euthanized, etc. We euthanized because of numbers she said, if there are too many and we don’t have anywhere to put them. We also euthanized humanely because of their health, age, or if they are wild, etc. We don’t euthanized much any more.

Ms. Sudderth then addressed the issue brought up by Reo Griffith earlier today. I was not the one to make the final decision on that, but I do okay anything that my Shelter Manager does. I do know the reasons why she did euthanize the dog. It had no collar, no evidence that a collar had ever been on it; it was a stray dog that the family had taken in and just fed. I can guarantee you that it has never been to the Vet. It was an old hunting dog and was around 12 years old. It had a broken leg that had healed on its own. I really hate what happened to them. If we had a law that every dog had to wear a rabies tag, then I would have been able to get up with the owner. I didn’t know it was somebody’s dog; I thought it had been thrown out, Ms. Sudderth said. We do hold any dog or cat for 5 days that we feel is somebody’s pet. We failed to ask the people who brought the dog in how long it had been at their house. It was just a matter of a couple of hours. There was a mistake on our part for not asking how long the dog had been there. Angel took the dog in and I saw how bad it was. It was really pitiful. It could walk on 3 legs and pulled the other one around. So that was the reason it was put down. We will go to Court over it, Ms. Sudderth said.

Ms. Sudderth said we had 2 families from Raleigh, two families from South Carolina and 1 from Johnson City, 1 from Boone, 1 from Virginia and 4 families came from off the mountain to adopt animals at our Shelter last Saturday. Twelve dogs were adopted that day; the most we have ever adopted in one day.
Our euthanasia rate is below 10%, and I don’t know of any Shelter that can do that well without having animal control. In the past year we have had people to drive from Wisconsin, Maryland, West Virginia, Florida, Georgia, Pennsylvania and Washington, DC because of our website. We have a marvelous website which you should visit. Alice advised that she and the Manager have discussed the need for rabies control in the county. We know there is rabies here. If there was animal control and animals were brought in, we would probably find rabies here. The way we are doing things, it is hard to find it because people just shoot whatever animal they think might be rabid, and that‘s the end of it. There is a potential problem and I would like to avoid it by saying that dogs have to wear a rabies tag. That way we would know who the dog belongs to and whether it has been inoculated.

Alice Sudderth provided the Board with a photo from their “Leash on Life” Program. It is going very well. This Program is conducted at the local prison facility. Alice trains these inmates 3 days per week in how to train dogs. Graduation is June 28. You are all invited to see what these dogs have learned, Alice said.
Alice said she chooses dogs that should be adoptable, but need some additional help. Once they are trained, the charge is $150 to adopt the dog. What it is doing for the inmates is the other side of the coin. Some of these people have been in prison for 40 years and have not seen a dog except on television. They get to see these dogs out in the yards now and it is marvelous. Phyllis said one of the guards at the prison told her recently that when the dogs are out in the yard, the whole tone of the place changes. There is more laughing and talking and it is a much lighter atmosphere.

Animal Shelter Funding
Alice Sudderth spoke with the Board regarding need for additional funding to operate the Shelter until July 1. She said she does the best she can with what she has. She added that she has no secretary and she does everything she can. There are usually 5 people there in the morning and 3 people in the afternoon and we work ourselves to death. I don’t hire anybody who is not willing to work. They come in because they love animals and I work them hard, she said. I try to keep the Shelter clean. We did make a mistake with that hunting dog, but I don’t have anything against the hunters; they take care of their animals and I have no problem with them. My Board and I have raised $90,000 through donations and fund raising this year, and that is still not enough. There is just not enough money to do the job. At this point, our treasurer is here, I have not been paid for the last 3 weeks. All bills are paid, except that the June bills are now coming in and we have run out of money. We probably could get by if we knew that as of July 1 we would have enough money for next year. We are just killing ourselves trying to do the job and there is never enough money. Our expenses are up as well. Those forms tell you where the money came from and where it is going. The vet medicine and everything else is more expensive this year.

It is a real problem. If you can’t see your way to doing anything, we understand. We can probably find some way to get through till July, if you would give us a little bit more in our budget next year so this doesn’t happen again.

Chairman Poteat read aloud the amount of funding given to the Animal Shelter since 1990; in 1999-2000 - $10,000; 2000-01 - $15,000; 2001-02 - $15,000; 2002-03 - $35,000; 2003-04 - $29,000 (Both 2002/03 and 2003/04 required an advance) 2004-05 - $45,000; 2005-06 - $49,500. In 2006-07 the recommended amount approved to date is $54,450 (a 10% increase in the past two years).
Alice said that is ¼ of what it takes to run. I don’t know what we are going to do, but I can’t do half a job. I do two people’s jobs now. It takes at least $200,000 per year to run it and we have raised $90,000. We have really worked hard. Several years ago Mitchell County was giving their Shelter around $80,000.
We need a lot of things. I work at the church on Sunday leading the choir and playing and I give that money to the Shelter. I do everything I can, Alice said. I won’t be able to do it much longer.

Alice said if we could get enough money next year so I don’t have to come back, I will get through this month somehow. As Robert says, we are tired of doing this. The Chairman advised that the County has not formally adopted a budget at this time. He invited Alice to the next Regular Meeting at which time the Board will be holding a Public Hearing on the Budget.

Phyllis Forbes left the meeting at 4:48 p.m.

Centerlining Mapping Project– James Seaberg
James Seaberg, Mapper, provided the Board with information regarding a road centerline project which he has almost completed. James advised that he has compiled indexed notebooks containing this information so it can be used by our Communications Department. This is a digital mapping program contains information on road locations and directions which will help our Communications Department in assisting emergency personnel in locating roads in the County. He added that he also sent this information to the US Census Bureau who took his data and put it through a rigorous process before accepting it. They will be using some of our data to update and correct some of their own files, which is exciting to see the Federal level using our data, James said.
Joe Strickland commented that it speaks well for the work that is being done here on the local level. He complimented James on a job well done.
Discussion held on future plans to take this information to the level whereby we could have GPS transmitters in our emergency vehicles which would satellite back to Central Communications and show up on a screen. As an example, if an ambulance is responding to a stroke victim, the location of the EMS vehicle will show up on screen and the dispatcher can direct them. The Board thanked James for all of his hard work.

Employee Classification & Salary Information Packet
Robert Wiseman advised that there have been some changes introduced in the upcoming Fiscal Year budget which will have an impact on our Personnel Policy. These changes will require revisions in our Personnel Policy which needs to be adopted in principle—longevity, pay for accrued vacation time and supplemental health insurance. With the Board’s permission, I would like to defer this matter until the next Regular Meeting in order to give Michaelle Poore and myself time to make the necessary changes in the policy.

Motion by Joe Strickland to defer this matter until the June 19, 2006 Regular Meeting of the Board.
Discussion on what is required as far as release of public information. Robert explained the situation. Discussion on issues affecting release of public information. Motion seconded by Susan Pittman and unanimously approved with 4 members in attendance.

Construction Update – Robert Wiseman
Robert Wiseman provided the board with a brief update on the ACT Authority Facility bid process and revision to the specifications for this building. This is the third budget year we have been dealing with this request and still are no further along than before. The whole plan was to get the costs down, but now, due to the unreasonable attitude of the Dept. of Transportation, the passage of time and the inflationary factor we have experienced in the last 3 years has more than eaten up any cost savings we would have realized if we had gone ahead with the building as requested in the beginning. The bid date will be set sometime this week. The pre-bid conference will be held either this week or early next week on this project. This project does not look promising, but we are also considering a lease purchase agreement for the double wide unit that currently houses our Transportation Authority because chances are we are going to be there for a while and there is no use in paying rent on and on.

Robert reported that bids were opened for the second floor of the Courthouse Annex last week. Excluding architect fees, we estimated it would cost from $800,000 to $1 million for this project.
Bids for the project were as follows: C&T Construction - $1,307,000 with a 365 day construction time;
Hoilman Construction - $645,135.00 with 180 days completion and WKM Construction from Kingsport, Tn. - $618,000. WKM Construction was low bidder. It would appear that we will award the contract to WKM Construction and plan to get started on the project next month, Robert said.

Robert reported on the Health Department construction. We have a slight delay with the HVAC subcontractors he said. Construction projections show the last of July as the completion date, but Robert said he felt it would be around September before the project is completed.

Joe Strickland asked if our Representatives have an unnamed bill that they can utilize in the Short Session for an independent Health Department for Avery County. Robert advised he thinks they may have a blank bill, but to get it introduced in Short Session would be remote. Joe felt that the Finance Officer needs to begin looking at some numbers in the event that it becomes a reality and also look at whether the Board should start moving in that direction or leave it as it is. The number will make or break this issue, Joe said. Joe said he brought this up today because it was a part of the proviso during the budget process.

Land Harbor (Linville Meadows Section) - Flood Buy-Out
Robert Wiseman provided the Board with a copy of a letter to Mike Simpson, Manager of Linville Land Harbor. He said that we have a situation in Land Harbor which involves the buyout of the three lots in Linville Meadows section. As this letter explains, once Avery County accepts title to those three lots, when we use the money that we have available from FEMA to purchase those lots and we take title to it, we cannot transfer that ownership unless we want to repay FEMA the $345,950 they contributed toward this buyout. Certain individuals at Land Harbor in positions of authority have said that when the County owns these lots, they will pay the fees and dues and maintain those lots.

Robert advised that he met with Michaelle Poore and Tommy Burleson last week to discuss this matter. As a result, I wrote this letter to the Land Harbor Manager. The letter says that Avery County has 4 options. Land Harbor has the right of first refusal on any property there. Before we can go forward, they would have to give us a written waiver of that Right of Refusal in the amount of $345,950.00. What we can do is accept title to the property by paying these individuals with the money FEMA has made available to us and accept the property. We can’t transfer title but we can turn around and lease the property back to Land Harbor for 99 years, subject to the same restrictive covenants that are in the FEMA deed. Plus, the clear understanding that Avery County would be held harmless for any potential liability, that we would not be responsible for any maintenance such as mowing, etc. The second option would be for Land Harbor to create a new classification for those 3 lots such as FEMA Buyout, etc. Those lots, under the new classification, would not hold the owner responsible for any fees, liability, etc. The third option is kind of facetious; to take title to the property, pay the dues and fees (which I personally don’t think would be legal), and then say that everybody in Avery County who pays taxes has the right to use those facilities. Under the fourth option, we don not have to accept title to the property; we can send the money back to FEMA and refuse to take ownership to the property. That would bring on many complications for Land Harbor, but not for the County. We have to act expeditiously on this matter. NC Division of Emergency Management is handling this matter and they are telling us to take care of this matter without delay.
Joe Strickland mentioned that although he has asked to be recused from voting on this issue that he is not barred from conversation on this subject. He asked if Land Harbor has been advised that there is a certain date by which they are required to comply. Robert referred him to the last paragraph in his letter to Land Harbor. Land Harbor needs to tell us which of these 4 options they want to choose, and we need to make a decision within the next 30 days, Robert said, because if we wait too long, that fourth option may be the only one available. In regard to any documentation coming from Land Harbor, Joe Strickland encouraged the Manager to have approved minutes from that Board accompany any kind of correspondence so that he has some comfort in the fact that it is an approved board action from them, not an individual action. Discussion continued. It was agreed that the Manager would get back in touch with Mike Simpson at Land Harbor to see what conclusion they have come to on this matter.

Astroturf
Robert Wiseman stated that in the athletic and academic community, the word is that the artificial grass will be in place this year in time for the fall football season. I have no idea where that came from. Bill Beuttell said that was the original goal, but that he thinks everyone realizes that it cannot be done by this fall. After some of the folks met and discussed what had and needed to be done, I think we all realized it can only be done after the proper hoops are jumped through. Joe Strickland said this Board concluded that it was a wise and frugal strategy to do this project over more than one fiscal year and that we have allocated a certain amount of money where progress can clearly be made.

Robert said that Bill’s plan to move the dirt off the football field and place it where the rock was is an excellent plan; however, the first thing we have to do is move the rock, which is a separate project. The second part of the project is the $600,000. The State Construction statutes require that any construction project in excess of $300,000 be designed and specifications produced that can be sent to bid, etc. We have to move the rock, design the specs, advertise for bids, open bids and award the contract. Since we will own the property, I assume that money will stay on the County side of the fence Joe Strickland said, so we can comply with the letter of the law and also make certain that what this Board has committed to is followed. Robert said that he doesn’t know at this point whether or not the County Manager can administer this project. We can pay the bills as we approve them, but as far as the County contracting for the design, the letting and opening of bids, etc., there is the question lingering out there that involves the involvement of the Dept. of Public Instruction, Robert said. Lengthy discussion held on who would be in control of the project. Bill Beuttell felt that the County should maintain control and handle the project themselves. Joe commented that once the money is turned over, he’s not sure we could control the project. He said the Manager may be in a position of being in a conflict of interest where he cannot serve in that capacity since we don’t own the property at this time. Joe suggested having an independent project manager who is suitable to both parties, to handle the project. The funds could be handled through a Project Ordinance to assure they are managed properly. Tim Greene said that in the past school construction/renovation projects have been handled on the School Board side, not ours. Joe said this time he would like for the money to stay on our side of the fence in case the School Board were to decide that there are other pressing issues in their capital needs and they would redirect these funds. Because this is a project that is near and dear to this Board, we want to make sure that what we have committed to is done, Joe said.
Bill said that if we are not in control of this project and something falls through the cracks and it is not done according to our wishes and specifications, then I don’t want to take the blame for something I wasn’t responsible for. Discussion continued. Joe said he didn’t think there was anything that would prohibit us from holding those funds if they are not suited. Once you turn money over to the Bd. Of Education, you are out of the loop, Joe said. Chairman Poteat advised the Manager that this Board is of the opinion that we want to be in as much control as possible of this particular project. Tim Greene added that we were not going to put the $139,000 debt payment for this project into the school’s capital budget or current operating expense; it will be retained by us until the project gets started. We can maintain control of those monies in that manner.

Home & Community Care Block Grant Application
Robert Wiseman advised that this application is done on an annual basis for our Avery Senior Services Department.
Motion by Joe Strickland to approve the Home & Community Care Block Grant Application as presented and to authorize the Chairman to sign the appropriate documents. Motion seconded by Bill Beuttell and unanimously approved with 4 members in attendance.

Designation of Two Areas in Avery County as Bogs
Robert Wiseman referred the Board to the consent items which contains a letter regarding designation of two bogs in Avery County. Robert advised he has been in contact with the State Parks and the NC Conservation Dept. and Representative Phillip Frye regarding these bogs. One of the bogs is located in Pineola in an area along the river contiguous with the boundary for the Pineola Inn. That property is already in a Stewardship Management Plan (Forestry Management Plan). Mr. Morrison’s estate is only paying taxes of $35,000 on this property, which is its appraised value as long as it is under this management plan. We won’t be eroding our tax base with this bog. The Board had no problem with the designation of the Pineola Bog.

Robert advised that the second bog is called the Sugar Mountain Bog. He said he called the State Conservation people and expressed our concerns about it. I checked the original footprint and found that that there are 19 property owners, Robert said. I called the Conservation people back and told them that this is not exactly what it seems to be, that the footprint they sent shows property that is 4,200 ft. in elevation and it is looking straight across the Grandfather Mountain. They agreed that something was wrong, so they re-did it. This will be going to the Legislature this week. We need to send our Representatives a message telling them we don’t agree and don’t want this designation, Robert said.

Discussion regarding location of the Sugar Mountain Bog. Robert said there is approximately 101.58 acres where the old KOA Campground and the French restaurant used to be. The bog takes up a very small portion of the 102 acres. Robert had revised maps which stipulate where the 102 acre tract is located in this big footprint they sent to us. Sugar Mountain Bog includes the bog and other important natural communities surrounding the bog. The initial acquisition is a tract of 102 acres for price of $1.2 million for the Braswell property (old campground). A grant application for this tract has been submitted to the National Heritage Trust Fund. Other tracts may be added later to protect the remaining watershed of the bog. Robert recommended to the Board that if the Braswell tract of property is bought with this grant and they want to declare it a conservation bog, that’s fine, but that’s all. However, if you are looking at the watershed around the bog, you could take in everything within a very large area. What they are proposing in the legislation that will be introduced about the Sugar Mountain bog is for the incorporation of the 102 acre tract of land that contains the Sugar Mountain bog and the authority to usurp the watershed around it, Robert said. Our motion should be to restrict the bog to the 102 acres of land in question, Joe Strickland said, and the watershed should not be included.

Motion by Joe Strickland to restrict the Sugar Mountain Bog to be contained within the 102 acres only. Motion seconded by Susan Pittman and unanimously approved with 4 members in attendance.

Finance Office Report – Tim Greene

Budget Amendment #_____________
Due to increased revenues on excise stamps, the Register of Deeds requires an increase in the excise tax line item. We have to send half of the excise stamp revenue to the State, Tim said. We are recognizing revenue, half of which goes back to the State. Our half goes into Fund Balance.

Motion to approve a Budget Amendment of $155,000 for state excise tax line item. Motion seconded by Joe Strickland and unanimously approved with 4 members in attendance.

Budget Amendment #_____________
Avery County will collect Fire Tax this year in excess of budgeted figures. A budget amendment is required in order to pass through the additional tax collections. This is revenue for the Fire Tax Fund that does not go to the General Fund. In June we will collect $8,000-$10,000 in Fire Tax, and every dollar in Fire Tax goes to the Fire Commission, Tim said.
Motion to approve a Budget Amendment of a Fire Commission Debit of $25,000 and Tax Collections – Fire, $25,000 by Bill Beuttell and second by Joe Strickland – unanimously approved with 4 members in attendance.

Budget Amendment #_____________
Avery County has received parent fees and sponsorships for the 4-H Summer Program. The sponsorships come from local businesses, county agencies, community groups and individual residents in Avery County. We need to recognize a budget amendment to increase our 4-H Camp Scholarship expense line items and our 4-H Summer Program Expense Line item and Summer Program Revenue. This is all revenue and associated expenses for this program, Tim said.

Motion by Joe Strickland and second by Bill Beuttell to approve a Budget Amendment to 4-H Summer Camp in amount of $28,000. Motion unanimously approved with 4 members in attendance.

Budget Amendment #_____________
The General Fund needs to reimburse the E-911 Fund an additional $55,000 to complete this year’s expenses on the Tower Upgrade Project.
Motion by Joe Strickland and second by Susan Pittman to approve a Budget Amendment to transfer an additional $55,000 to the Tower Upgrade Project from the General Fund. Motion unanimously approved with 4 members in attendance.

County Attorney Report – Michaelle Poore
Michaelle Poore advised that there are no new issues regarding pending litigation.

Conservation Easement, Banner- Lowe, LLC
Michaelle Poore asked the Board to address the permanent conservation easement for the property owned by Banner-Lowe, LLC in Banner Elk where the new Lowe’s building is being constructed. As part of that, there is a creek running through the property and they have had to do some wetlands management. That property is being placed into a conservation easement in order to maintain its natural state. This conservation easement has been approved by the attorney for Banner-Lowe and I have reviewed it myself, Michaelle said. Tommy Burleson in the Inspections Dept. has also approved it and made sure everything is in compliance with the easement. She then asked that the Board approve and sign the aforementioned easement.

Motion by Joe Strickland to adopt the Conservation Easement for Banner-Lowe, LLC. Motion seconded by Bill Beuttell and unanimously approved with 4 members in attendance.

Tax Foreclosures
The Chairman asked about some foreclosures the Tax Collector previously alluded to. Michaelle Poore said that Mary has not given her a list yet, that she is getting one together to forward to her. Michaelle advised that some of these foreclosures take a really long time to handle, especially when people have moved out of state and we don’t know where to locate them. We had 3 that were sold and the Judge confirmed sale of the properties last week; the revenues came in from those sales. We also filed foreclosure against a local business that has a lot of business during the summer. The Collector was agreeable to postpone proceeding with the foreclosure till the end of the summer in order to allow him time to get the revenue in so he could pay his tax bill, Michaelle said.

Approval of Minutes
Motion by Joe Strickland and second by Susan Pittman to approve the Minutes of the May 15, 2006 Regular Meeting and the May 18, 2006 Budget Meeting. Motion unanimously approved with 4 members in attendance.

Agenda Consent Items
The Agenda Consent items were approved by consensus.

Adjourn
Motion by Joe Strickland and second by Bill Beuttell to adjourn this meeting at 5:33 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