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

Members Present: Kenny Poteat, Chairman; Joe Strickland, Phyllis Forbes and Bill Beuttell

Members Absent: Susan Pittman

Call to Order
Chairman Poteat called the meeting to order at 3:04 p.m. He then led in prayer.

Proclamations & Awards
Wood Hall Young, Jr. presented the Board with a plaque recognizing the County’s generous contribution to the Shrine Organization for crippled and burned children of Avery County. Wood Hall Young, Sr. was unable to make the presentation due to a prior commitment.

Public Appearance
Robert Wiseman introduced Mr. John Greene, the new Director of the Employment Security Commission Office, which is located in this building. Mr. Greene is replacing Melissa Phillips who recently took a position with Mayland Community College. Mr. Greene spoke briefly and advised he hopes to have a good rapport with this Board during his tenure.

Bill Beuttell commented that he is glad to be back home, that he was recently in Alabama where the temperature was 97 degrees. Phyllis Forbes commented that she wouldn’t want to be anywhere else.
Joe Strickland announced the arrival of a new grandson, Logan James Clark.

Appointment of Voting Delegate, NCACC
Robert Wiseman recommended that Joe Strickland be appointed to serve as the Voting Delegate to the NCACC to represent Avery County. He said that Joe needs to attend the Conference anyway, since he is a member of the NCACC Board of Directors. Joe stated that as he will be going off of the Board of Commissioners this term, that he would be glad if Kenny Poteat would allow him to put his name forth to replace him on the NCACC Board of Directors so Avery County can continue to have representation with that board and the lobbying aspects thereof. Chairman Poteat indicated he would like to be considered to serve on the NCACC Board of Directors.

Discussion on which Board Members would be able to attend this year’s NCACC Conference.
Motion by Phyllis Forbes and second by Bill Beuttell to appoint Joe Strickland to represent Avery County as a voting delegate to the NCACC Conference. Motion seconded by Bill Beuttell and unanimously approved with 4 members in attendance.

NACO Conference
Robert Wiseman commented that this year the National Association of Counties (NACO) will be holding their annual meeting in Chicago and it is the intent of the State Association of Commissioners to attract attention to the southeast. The Association is promoting the idea that we need to be represented at that gathering. They are looking at the ongoing Medicare/Medicaid issues. Commissioner Strickland is our representative to the NCACC and if anyone attends the National meeting, he would be the obvious one to represent us. Joe Strickland commented that the West is fairly well represented and the East is not well organized. All the organizers are from the West and we only receive token appointments here in the east. North Carolina is leading the pack to organize the eastern states in order to provide a little leverage on a national level to some of the needs we have on a statewide and local basis, Joe said. I would like to be a part of that effort, but it is not a drop dead issue with me. If this Board is in favor, then that is fine. The meeting is in August, Joe said.

Tax Collector Report – Mary Daniels
Mary Daniels, Tax Collector, reported a total collection of $126,250.48 for the month of June.
Motion by Joe Strickland and second by Phyllis Forbes to approve this report as presented. Motion unanimously approved.

Mary advised that she will be providing the Board with some figures on year-end collections in the near future.

Chairman Poteat advised that he will not be in attendance at the next Regular Meeting in July.

Legislative Bill on Tax Collections
Robert Wiseman discussed a bill recently introduced to the Legislature that could hurt Avery County if not all the other counties in the state. This bill would change the machinery by which local tax assessors assess for tax purposes the value of motor vehicles. They are now assessed at Fair Market Value and this bill would change the wording in the Machinery Act so they would be taxed at wholesale value. That would be a hard lick for counties and towns to take. When you get into other counties where there are large common carriers, that could have a very devastating impact on revenue from motor vehicle tax. It would hit Avery County for about $280,000, Robert said. We need to make sure our Representatives are on this. This is not a good bill.

Medicaid Costs
Robert Wiseman advised that the Legislature froze Medicaid on Friday at equal to or less than the amount it was for FY 2005-2006. We don’t know if this legislation refers to what was budgeted or what was spent last year. At any rate, it can’t hurt and it could help us, Robert said.

Bill Beuttell asked if anyone knows if the State Legislature bumps up their salaries. I don’t know how much they make anyway, he said, and I can’t find out. He suggested that they be paid based on how well they stimulate the N.C. economy, and if they don’t, then they would receive no perks, Bill said.
Discussion.

County Manager Report – Robert Wiseman
Robert Wiseman presented the Board with a packet of 14 Resolutions, plans and policies associated with the application for a CDBG Scattered Site Housing Grant for Avery County. He advised that we go through this same process each year that we apply for a new CDBG Scattered Site Housing Grant.
Motion by Joe Strickland to adopt all 14 of these Plans/Policies and Resolutions associated with a CDBG Scattered Site Housing Grant for Avery County, as presented, and authorize the Chairman to sign. Motion seconded by Bill Beuttell.
Discussion. Robert Wiseman advised that each year there is a financial audit and a performance audit on each of these 14 items. Joe said that Michelle Ball, who handles the administration of our CDBG Grants through Region D, makes sure the program is correctly administered. Kenny Poteat commented that millions of dollars have come into Avery County through this CDBG Program and that it has helped a lot of folks who would not have been helped otherwise.
Vote: Motion unanimously approved with 4 members in attendance.

Code Violations at Avery High School
Robert Wiseman referred the Board to a Memo from him dated June 29 in regard to code violations, Astroturf and the auxiliary gym. It sets forth what Tommy Burleson, Grace Calhoun, Bob Tatum and I have discussed, Wiseman said. I feel this is a very serious issue. We have had a non-compliance situation for a couple of years; it is due to non-compliance with the ADA public facilities statutes which have been addressed before. We could address these issues by constructing the auxiliary gym first and incorporate the facilities necessary to achieve compliance in the construction of that project. If feasible, it would allow the Board of Education and the Board of Commissioners adequate time to develop a multi-year plan which would insure the most efficient and effective manner in which to fund the construction of the gym, the artificial turf and the rubberized track at McDonald Stadium while guaranteeing code compliance. If that can’t be done, then I think we are obligated legally, now that it has become an issue we cannot put off, that if we cannot incorporate within the 2006-07 Capital Projects Program that we have in place, then we need to look at how we can build a free-standing public restroom facility that will rectify these code violations. I talked to Commissioner Beuttell and others and we may be able to rearrange our priorities where everyone can have their cake and eat it too. We can be legal and progress with respect to the total project, but we may have to move some things around to do this.
Everything we are talking about is predicated on leveling “The Rock”. I have met with two contractors and hope to have some cost estimates in the near future on what it will cost to blast and level out the rock so we don’t have to have the expense of moving it. That would probably raise the elevation of the practice field or the footprint for the gym, whichever it turns out to be, by about 2 or 3 feet. That might even prove to be a plus as far as drainage. It is going to be a pretty expensive project and I hope we can get it done for the amount budgeted, Wiseman said.

Chairman Poteat stated that he was here when we were part of the Elmer Aldridge Complex. At that time we had the old bleachers. Once the old bleachers were condemned and we saw fit to build new ones, then once the new ones were put in place, apparently we lost our grandfathering, which caused this dilemma with needing new restroom facilities at the complex. Tommy Burleson replied that there were bathrooms down there when the stadium was originally built which drained to a septic tank across the road. Since then, we went to the Newland sewer system. When the Commissioners spent $700,000 for a new set of bleachers, they then had a “significant renovation”. In order to comply with Title II Equal Opportunity Employers, you have to maintain your 1993 ADA Accessibility with the Americans with Disabilities Act. Technically you have ADA ramps on the top of the bleachers. There is supposed to be an ADA accessible port-a-john at the top where the scorer’s booth and handicapped ramps are located, at all times. When I gave the schools the letter stating that they were required to put another bank of bathroom facilities at the bottom of the bleachers, it just kept falling through the cracks, Burleson said. I sent two letters to Mr. Tatum in 2004 telling him that these facilities were required and that the state was expecting them to live up to their responsibilities under the ADA Act and the Equal Opportunity Employers.

Kenny Poteat clarified that when we made the “significant improvement” to the facility, that mandated by law the fact that we did not have ample restroom facilities at that complex. Kenny asked Tommy Burleson about the minimum number of restroom facilities we would need to add in order to be in compliance. Tommy said he felt we are looking at a facility for a minimum of 5 females and 6 males if we go back to the 1968 code when the stadium was originally built. If you want to bring it up to 2006 code, then you will have a larger number, Tommy said.
Joe Strickland suggested that the Board needs to give the Manager the opportunity to come back to us with a recommendation. Kenny Poteat said there are still some questions which he feels need to be answered publicly on this project. Joe Strickland said we will have ample opportunity to do that when the Manager comes back to us. If we try to hammer through it now, we will spend the rest of the day talking about a subject that I don’t think we have a clear picture of.

Kenny Poteat asked about the proximity or number of feet that a person has to walk in order to get to the facility. He asked if the location of the proposed auxiliary gym would be in close enough proximity with the restroom facilities it would provide in order to meet the requirement. Tommy said it would for the upper level, but not the lower level; you have to have bathrooms at the bottom and top levels, Tommy said. Joe reiterated that we still need to give them time to work on this because we have Tommy at a disadvantage in having to talk off the top of his head about this when there is more to this than just the facilities involved. There is a commitment of $600,000 that we are going to have to redefine. I recommend that with the exception of “The Rock”, that we freeze this money and that we give the Manager an opportunity to look at what can be done in some priority manner with the money that is allocated. Then we have stakeholders who need input to this, the Board of Education. If we freeze the money, then move on with “The Rock” part of the project, then instruct the Manager and give him the resources to come back after dialog with Tommy as to a priority list to consider. Then we could meet with the Board of Education and conclude what we are going to do, when, where, in what order, and how much it will cost, Strickland said. Kenny agreed that freezing the money would be an excellent way to handle this. He asked for a consensus of the Board if they have any problem with freezing the money, other than the expenditure for removing “The Rock.” The Board approved utilizing this method by consensus.

Kenny Poteat said if we have to have bathrooms both at the top and bottom of the bleachers, we may not be able to do anything with this project other than build bathrooms, because there may not be enough money. Joe Strickland said the priority list is nothing more than a starting point for conversation on this matter. The Board of Education may have an entirely different viewpoint on this project that we must taken into consideration in order to continue the relationship that we have worked so hard to establish with them.

Bill Beuttell said he hopes that once this information is collected and disseminated that we will move along with all the projects. We have been working on this for quite a while. Even the estimate Mr. Eggers gave us for the removal of the rock has been pivotal. He has been ill in the hospital. Before we can get a comparison of these other estimates, we need to have some type of physical description of what Eggers was going to do for his $55,000 estimate so we can compare apples to apples, etc.
I think if we all put our heads together we can figure out a way to do any or all of these projects. I agree with Joe that we need a meeting of the minds to make sure that the Commissioners and the Board of Education are all on the same page with this and that we have a sequence in establishing our priorities and that we move one step at a time in order to realize this goal. This is one expenditure that benefits the children most of all, Bill said.

Joe Strickland suggested that this project be spread out, and that until the Manager has an opportunity to come up with a constructive plan of action, all we will be doing is laboring over it. Phyllis Forbes agreed we need to put this on hold for now, with the exception of “The Rock” part of the project and that we should move full speed with that portion of the project. Robert Wiseman advised he is presently looking for someone to do the work, and that most of the larger grading companies in Avery County are pretty well booked up right now.

Chairman Poteat asked Tommy Burleson how much time we have on this project. Tommy advised that he needs some engineering within the next 4 to 6 weeks. Joe Strickland added that the Manager will come up with a plan that we can accomplish with the resources allocated, then we will have a joint meeting with the Board of Education to see if they are agreeable or if we need to make other changes, then move on. Bill Beuttell invited the Manager and Joe Strickland to visit the new auxiliary gym in Boone where they are holding championship wrestling matches.

Annual Report – Joe Shoupe, Forest Ranger
Joe Shoupe presented an annual report to the Commissioners from the Avery County Ranger’s Office for FY 2005-06. He reported that they had 23 fires which burned around 27 acres of property. The Forest Service, along with the Volunteer Fire Departments, protected 27 structures valued at $3.5 million. Ten warning tickets and 3 citations were given to first time offenders and 3,600 burn permits were issued.

Shoupe reported that one of his goals was to develop a pre-arranged crew interested in specialized fire control. He said that they have developed a Strike Team in the county composed of all volunteer firemen and that there are currently 20 members in this team.

Shoupe reported that his department assisted Green Valley VFD in getting a brush truck, a used 1977 model from Government Surplus.
We assisted around 50 landowners with forestry management and did plans for 33 of those, Shoupe said.
We collected 1,200 pounds of tree seeds for use by the public.
Last year there were 21 timber harvesting sites inspected to ensure compliance relating to water quality.
We also provided information and education in the county to inform people of what the Forest Service can do for them. Fire Prevention programs were presented to all first graders with Smokey the Bear making 11 public appearances.

Joe Shoupe reported that he has a part-time helper who works 7 ½ months during peak fire season. There has been some talk that in the future they might convert to a temporary part-time position to an assistant County Ranger with benefits, Shoupe said.

Discussion held on problems with predatory insects destroying the hemlock. Discussion also held regarding current attempts through the American Chestnut Foundation to reintroduce chestnut trees back into the forests in Avery County using controlled pollination.

County Manager Report – Robert Wiseman

Board Policies for Longevity Pay, Pay for Accrued Vacation & Supplemental Health Insurance for Retirees
This is a carryover from our last meeting where we adopted the FY 2006-07 budget, which included some changes in the fringe benefit package, Robert Wiseman said. We need to adopt the policies that refer to Avery County employees being paid for accrued vacation, supplemental health insurance for retirees and longevity pay, and placed in the Board of Commissioners Policy Manual. Tim Greene and I will then incorporate the administrative aspects of these policies into the Personnel Policy Manual, Robert said. Discussion. Joe Strickland suggested approving these policies one at a time.

Pay for Accrued Vacation Policy
Motion by Joe Strickland and second by Phyllis Forbes to adopt the Pay for Accrued Vacation Policy as presented. Motion unanimously approved with 4 members in attendance.

Supplemental Health Insurance for Retirees
Motion by Joe Strickland to adopt the policy for Supplemental Health Insurance for Retirees as presented. Motion seconded by Bill Beuttell and unanimously approved.

Longevity Compensation
Joe Strickland commented that the County Manager is also included in this benefit. Joe said that Sections E and G are redundant in this policy and should be changed. Section G should read that “the County Manager is also eligible.”
Motion by Joe Strickland to adopt the Longevity Compensation Policy with the above noted revisions. Motion seconded by Phyllis Forbes and unanimously approved with 4 members in attendance.

Report on Animal Control in Surrounding Areas – Robert Wiseman
Robert Wiseman advised that he has dwelled on this subject for quite a while. We have a situation with the Humane Society that if we don’t change what we have been doing, we will keep on getting what we have been getting, and I don’t think that’s acceptable to anybody. It is obviously not acceptable to the Humane Society as evidenced by letters to the editor, by television, by radio, by newspaper, etc. I think we need to take a long hard look at this. At the last meeting I was instructed by the Board to contact comparable surrounding counties and do a survey on how they handle rabies control, animal control, etc. I have done that up to a point; but it is still a work in progress. It is very obvious that there are two situations in every county that has been contacted; 1)either the county operates the rabies control/animal control program as a county department – have control over it, administer it and call the shots, or 2) the County contracts with some agency, whether a veterinarian or some non-profit organization to provide these services. That contract stipulates what the County is putting in and what they expect for the money. They don’t hand anybody $55,000 and say “bless you”.

Avery County has not, is not now and unless we change things, we should not be and can’t be held accountable for the operation of a public, not-for-profit corporation. The Avery Commissioners are not responsible. There is nothing I could find on record anywhere that says we are responsible as to whether the Humane Society stays in operation. Personally, I don’t think it is the best use of the public’s money to operate, support and guarantee the operation of an adoption service for stray dogs and cats. I would beg the Board to continue on with what I am doing until our next meeting. During that time, I will compose, with all the help I can get, some kind of agreement that stipulates what the peoples’ money is going to be spent for and it will stipulate that the Board of Commissioners is not responsible for whether or not this non-profit corporation stays in operation. We have two organizations that we currently finance (non-profit corporations); the Fire Commission and the Avery County Airport Authority. They were created at the request of the Board of Commissioners by act of the Legislature through a local act and we are responsible for them. We allocate money to several non-profit organizations and we are not responsible for whether or not they operate. We make an allocation just like private citizens make a donation. I think that if we are going to stipulate what the peoples’ money is spent for with respect to the Humane Society, then we need to do the same thing for everybody else, from the Shriners to ACADA to Hospice, etc. There is no paper trail on how that money is spent. I think the time has come, and it has been spurred on by what we have been going through in the last couple of weeks, to hold the people who receive taxpayers’ money accountable for how the money is being spent. A lot of counties make allocations to all kinds of humane interests. Those monies, as a general rule, are spent for spay/neuter, for paying for services rendered by a veterinarian, to pay for rabies vaccine, hepatitis vaccine and all these other vaccinations that are given, but not to run an adoption agency.

Bill Beuttell asked if we have an understanding with persons to whom we give an allocation that after we give them an allocation, in the event that they close their doors, then they must return any and all funds allocated to them. Discussion. That should be an understanding that with any organization we allocate funds to that after their doors are closed, that money has to be returned, Bill said. Tim Greene added that any allocation up to $5,000 is given to the organization up-front. If it is over $5,000, we give it to them on a quarterly basis.

Robert Wiseman said that depending upon several factors, such as holidays, etc., a quarterly allocation usually goes out between the first and the fifteenth of the month. I would recommend that we do not send any of the FY 2006-07 money out until we have some kind of agreement between the Avery County Board of Commissioners and the Humane Society.

Phyllis Forbes commented that from what she has been told by Alice Sudderth that she does not think that the Shelter will be closing. However, if it did close, by statute, what are we required as a County to do as far as providing rabies vaccinations, opportunities for people picking up animals, etc. Do you know, by statute, what the Shelter might be doing for us as a county that we would be responsible for if they didn’t exist, Phyllis asked. Robert gave an example of the way other counties handle it. Alleghany County has a part-time person who works at the landfill but part of his salary is paid as Animal Control and the other half through Solid Waste. If there is a call for a vicious, injured or suspected rabid animal, that person goes with a vehicle and the necessary equipment and picks up the animal. He then takes the animal to the Vet in Sparta. That Vet impounds the animal, charges them the cost, plus 15%, to water, feed observe and euthanize it if necessary, after an appropriate period of time. State law says that any animal 4 months of age has to be vaccinated for rabies. I don’t think the county wants to assume that responsibility, Robert said.

I am going to take up for the Humane Society Phyllis said. I can see how hard Alice works. The reason I got involved in politics is because I opposed the Humane Society, which was built across from my house, Phyllis said, and here I sit, years later, supporting it. I know how well it is run and I know what a service they provide to this county. How many stray animals would we have running around and with rabies knocking on our door? A rabid bobcat was found and confirmed last week at Grassy Creek in Mitchell County. That information came from Tommy Singleton this morning, Forbes said.
The Humane Society provides rabies clinics two or three times a year, because I take my own animals there, Phyllis said. Also, the Humane Society is more affordable than going to a Vet to get those shots. Robert said he agrees with that. He said he has known Alice for years. Robert said if the Commissioners and the County of Avery is going to take the rap because it can’t operate, then we should be operating.

Phyllis said she is not saying we should give them unlimited funds and not make them accountable for taxpayers’ dollars. I agree with you that there has to be a happy medium in that regard. However, I don’t think we can just say that we won’t give them any more money. Robert said that is not what he is proposing, either. He said if we give any organization x amount of dollars without any accountability or without any expectations, then 11 months from now we will be sitting here doing the same thing we are doing right now. Phyllis said are you saying that we ask for accountability from every organization that we allocate funds to? Robert said yes, I am, starting with Avery Central Rescue Squad, Linville Rescue Squad and the Humane Society.

Joe Strickland said I think we have the cart before the horse. We shouldn’t be dealing with personalities or particular organizations. We should be dealing with the county’s obligation with a rabies program and an animal control program. As a political subdivision of state government, we have the responsibility to protect the health and welfare of the people who live in this community and rabies control is one of them, Joe said. This entire process should be driven by an ordinance and until we get a handle on what we expect in an ordinance, we cannot put a handle on where we would purchase these services, whether we would do it ourselves or purchase it from a Veterinarian or the Humane Society. I am led to believe that there may be more than one Animal Shelter in this county before too long, Joe said. I would suggest to this Board and the Manager that the first obligation we have is to rabies control that protects humans, animals that are hunted as well as the animals we use to hunt. We can do that with financial resources in a vaccination program which can be purchased either through the Humane Society or a Veterinarian or a number of other sources. It can be done in a cost effective way. We can discuss where the money will come from later on. The second element of that equation is animal control. I would suggest that only by law, only when the Health Department advocates an epidemic, should we have the most stringent control that we can find. I also suggest that we could have that element far more cost effectively by purchasing that service as opposed to a donation that we hand out to one organization. For us to sit here and labor over what we should do is going to be to no avail, in my opinion, until we decide what we wish to do with a rabies control ordinance which has a stringent animal control element as a part of it, based on the recommendations of the Health Department. When we have that, then the Manager can better define where to go and purchase those services. I am very uncomfortable sitting here talking about one organization vs. another, when the problem is really what we are going to do with animal control or a rabies control ordinance.

Phyllis Forbes said the point is that we have been talking about this subject for we have not done one thing about it. The only thing that has happened is that the Humane Society has stepped up to the plate or we would have had nothing in this County except what an individual Vet did. The point is that we need to get off our duffs and do something and make a decision and get on with it, Phyllis said.
Joe Strickland said he is willing to vote for an ordinance that deals with rabies control and when we settle on the ordinance then we can start focusing on how best to spend tax money. Phyllis said that as far as an ordinance is concerned, I feel that the problem has been that we have tried too much too fast, at least for Avery County. We need to back up and look at what is appropriate for Avery County and do it the way we need to do it without regard to what a lot of these other counties are doing, Phyllis said.
Joe said that y9u and I are in agreement on that. Phyllis said I just hate to see the only effort to get something going in this county get persecuted. Joe said that by the article I recently wrote, you can tell that I refuse to sit here and get beat up over this when we have made a sizeable donation. When I was on the Humane Society Board, we had great donors, but somehow they have gone away. I don’t know why, Joe said. The Humane Society Board that I served on was driven by donors, of which the County was one of them, Joe said.

Robert Wiseman said we could continue this dialog for some time. Do I have the consensus of the Board to pursue what I have been pursuing and present a report and recommendations to the Board at the next meeting?

Kenny Poteat said he wanted to comment before we seek a consensus on this request. Kenny said that some excellent points were made. Phyllis made an excellent comment in regard to statutory requirements to protect the people of Avery County. Joe made a good comment about rabies control. Beyond that, we are morally responsible to protect the people of Avery County. I think that no matter what medium we use, whether it is the Animal Shelter or contracted services, that we should continue to endeavor to supply monies to vaccinate the animals as required both morally and statutorily. That would be part of what the Manager researches. Robert said he felt that at this present time, I feel that the Animal Shelter is the only viable agency. Let me make it clear, I am not suggesting that we do not fund the Animal Shelter, Robert said. I think it needs to have some degree of control from this Board as to how the monies are spent; it needs to be for rabies control, spay/neuter, for vaccine or whatever. I think that if we don’t like what we are getting, then we need to change what we are doing. I don’t think anybody likes what we are getting right now; we’re not satisfied with it. That’s the Humane Society side and the Board of Commissioners side as well.

Joe Strickland said he didn’t think we could plan what to do unless we have an ordinance of some sort, because this all hinges on some sort of ordinance. I think the ordinance would give us a clear picture of what we are going to do with rabies and vaccination and license and unlicensed animals, etc.

Robert Wiseman said that the recommendation that he comes back to the Board with will not be his recommendation. I want the input for the proposed ordinance and the proposed statement of accountability not to be generated by my office or any particular individual, but something that contrary to what has happened in the past that everybody involved in can live with. The previous Animal Control Ordinance was 99% controlled under the General Statutes, which says if your dog barks, you cow lows, your roosters cackle, it’s a nuisance and an Animal Control Officer can impound those animals. That would not work here in Avery County. That’s the reason that everything has failed so miserably in the past, Robert said.

Bill Beuttell said we have a rural, simple lifestyle here that we all cherish. I have lived here for 25 years and have never seen that we need stringent ordinances put in place for rabies. I want us to be very careful in any kind of ordinance for animal control. We enjoy a simple lifestyle here and I don’t want to see neighbors pitted against other neighbors because a dog is barking, etc. I won’t vote for anything like that, Bill said. Joe Strickland said the Hunters Association asked to be involved in any ordinance we consider. If they are involved, I think this thing will come down as smooth as silk. You would not have to invoke any collection of stray animals unless there was an epidemic, Joe said.

Bill Beuttell said he feels that if the Humane Society can explain to the County Manager what the County’s appropriation is going to be used for, then he feels we should release that quarterly allocation to them so they can continue running until we can figure out a better solution to this problem. If they are going to shut their doors, then we need to go to a Veterinarian and give them money to run this program, Bill suggested. Joe said nobody is advocating cutting the money off.
Robert Wiseman said unless we can come to some agreement as to the accountability, then my suggestion to the Board would be to freeze the money. There are two aspects to rabies control; prevention and also control after the fact. That sole authority rests with the Director of the Public Health Department, Robert said. We don’t need a dog catcher running up and down the road looking for a dog without a collar; that will just get somebody shot. If we have a plan in place that can be implemented when the occasion arises that we have a rabies problem and the Health Department Director enacts a quarantine in a certain section of the County, then everybody in that section puts their dog up. Any dog running loose in that area will be picked up by a person who with the appropriate vehicle and the equipment to implement it; the animal will then be taken to the appropriate location as pre-arranged. We don’t need a person and a vehicle 40 hours per week. We need to be able to respond to the need, Robert said.

Joe Strickland recommended that we start this with an ordinance so we will have a driving force. Phyllis felt that all stakeholders need to be involved in this matter. She said she talked with Alice Sudderth and Robert Wiseman about this issue last week. Alice is willing to sit down with all of them and come to an agreement on what we need, Phyllis said. Joe asked whether or not we would then use the Animal Shelter in the event of quarantine. Robert said if we are providing money to that organization, then it is not a question of whether or not we would use them in such an event, the fact is that if we provide that money then we would use them. That would be part of the deal. He said we have fought this fight for 20 years and it is now time to either fish or cut bait.

It was agreed by the Board that the County Manager would make a recommendation on this issue at the next Regular Meeting.

County Attorney Report – Michaelle Poore
FEMA Closings – Michaelle Poore advised that we have reached an agreement with Land Harbor with regard to the lease provisions in this regard. We had the first closing on the Grice property at Land Harbor. We lack two more closings on this round of FEMA approved property. Both of those properties are located in Land Harbor. These closings will be scheduled once the funds from FEMA are received. Michaelle advised that she found out on Thursday or Friday that the state has frozen the FEMA funds for the month of July. No more funds will be coming in July for these closings. The earliest we will be receiving funds will be the first part of August. Michaelle said that the County can choose to advance the funds for the closings and be reimbursed by the state, or the County can wait for the funds to come in directly from the state. Joe Strickland recommended that since we have the money on hand that we go ahead with this. The other board members felt we should wait for the money from the State.
The consensus of the majority of the Board was to wait for the state to send the money.

Approval of Minutes
The Chairman asked for approval of the June 5, 2006 and June 19, 2006 Meeting Minutes. Bill Beuttell advised that there was a typo on the June 19 Minutes. The Minutes should be amended to read that we have a $2.5 billion valuation instead of $2.5 million.
Motion by Bill Beuttell and second by Joe Strickland to approve the Minutes of the June 5, 2006 Regular Meeting and the June 19, 2006 meeting with adjustment as indicated. Motion unanimously approved with 4 members in attendance.

Agenda Consent Items
NCACC Annual Conference – Winston-Salem, NC
The Chairman asked that the Board let the Clerk know as soon as possible if they will be able to attend the NCACC meeting in September so that arrangements can be made.

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

Upcoming Meetings
The next Regular Meeting of the Board will be held on June 17, 2006. The Chairman advised that he will be out of town for this meeting and that the Vice-Chair will be conducting the meeting.

Discussion on when the next joint meeting will be held with the Board of Education. The Manager asked that the Board allow him some time to work on the two issues assigned by the Board today before they set another meeting with the Board of Education. Brief discussion held on what information needs to be compiled regarding the project for the bathroom facilities at the High School and the time frame for that project. Robert said he has contacted Beeson, Lusk & Street to come and look at the site, get some topo maps from our Mapping Dept., and get some cost estimates for the project.

Following discussion with Robert, the Board said they may be holding an early August meeting with the Board of Education.

Adjourn
Motion by Joe Strickland to adjourn today’s meeting at 4:55 p.m. Second by Bill Beuttell and unanimously approved with 4 members in attendance.

_________________________________
Kenny Poteat, Chairman
Avery County Board of Commissioners
ATTEST: _____________________________
Nancy H. Cook, Clerk to the Board