STATE OF NORTH CAROLINA
COUNTY OF AVERY
The Avery County Board of Commissioners met in Regular Session on
Tuesday, September 5, 2006 at 3:00 p.m. in their offices, Avery County
Administrative Complex, Newland, NC.
Members Present: Kenny Poteat, Chairman; Susan Pittman, Vice-Chair;
Joe Strickland and Bill Beuttell
Members Absent: Phyllis Forbes
Call to Order
Chairman Poteat called the meeting to order at 3:02 p.m.
Joe Strickland offered prayer.
Proclamations & Awards
Robert Wiseman recognized and congratulated Chairman Poteat for receiving
an award for the Executive Board Member of the Year at the Annual
Region D Banquet on Friday evening. Fellow Commission members also
congratulated Chairman Poteat on this well deserved recognition.
Susan Pittman added that Mr. Poteat also served as the Master of
Ceremonies for the dinner and that he did an excellent job.
The Board also welcomed the Manager back home and congratulated him
on his recent marriage.
Robert thanked the Board for their wedding gift.
Naming of New Health Department Facility
Robert Wiseman advised that he recently received two requests for the
naming of the Health Department facility which is to be opened as
soon as we receive a Certificate of Occupancy. One request was from
a graduating class of Crossnore High School and the other from the
Museum Committee requesting that the sign on the new building reflect
the names of two of our most distinguished citizens, Dr. E.H. Smith
and Dr. Emma Fink. They suggested the name of the building be the
Smith-Fink Health Care Facility. Robert agreed that he felt this
was a very fitting name of the facility as these two doctors have
contributed so much to this region and to the people of Avery County.
Robert added that he went ahead with approval on this but that it
is not too late to change it if the Board does not agree.
Commissioner Strickland reminded the Board that there is no established
policy on the naming of a facility and that he had earlier offered
to help with preparing such a policy. Joe said he likes the idea of
naming this building as suggested, but would like to affirm what the
Manager has in place with a Board action. He suggested acting on this
issue when we have a full Board in attendance.
Public Comments
Sam Brown Lane
Mr. Will Campbell commented that his problem started in December 1993.
He said that the E-911 Committee did not notify his family of the name
change of the Brown Farm Road to Sam Brown Lane, adding that it had
always been called the Brown Farm Road and that he wanted the road
changed back to Brown Farm Road. Nobody back in there has ever had
a right of way across that property or even an easement. We are not
trying to stop people from using the road, we just it changed back
to the original Brown Farm Road name. Mr. Campbell added that on May
17, 1999 an incident occurred which has not been resolved to this date;
the Sam Brown house was burned by the Crossnore Volunteer Fire Department.
He said he asked Mr. Wiseman for a written apology for the damages
caused to their homestead and that of her great grandfather, and it
was denied. Seven years later we still have no apology. I also called
Mr. David Charles Vance and asked him about it. As far as I know, no
investigation has been done. I owned the property up until 2001, but
nothing was ever done. He said that the band of thugs in the Little
Boys’ Club in Crossnore did this to us. The results of them burning
our property and not notifying us caused me to have to go through Region
D to get a septic system because I was not able to remove the materials
from this property to do a septic system before they burned it. All
I ever asked for was an apology, but it’s a little bit late for
that.
Kenny Poteat commented that there are other parties that we could talk
to in your behalf.
Crossnore Guardrail Project
Jerry Lee Dugger commented that in the joint meeting between the Commissioners
and the Board of Education it was promised that if the DOT turned
down the guardrails at the Crossnore Elementary School that the County
would pay for them. I want something in writing for these kids saying
that you will pay for the guardrails, Dugger said. He added that
he is going to have to argue with DOT himself about the light and
the speed limit for that project. According to the letter we got
from the DOT, they are putting a vehicle as being more important
than a child’s life. A child’s life is worth a lot more
than a vehicle. Chairman Poteat advised that the County has been
working on this project on our end as well. He asked Robert Wiseman
to share what he found out through the DOT. Robert said that he met
with Dean Ledbetter, DOT Engineer and Chris Turner, our Avery County
representative at Region D on August 16, 2006. My specific questions
to Mr. Ledbetter were to the effect that if either the Bd. of Education
or the Board of Commissioners would pay for the material to construct
the guardrail, would the DOT install it. Ledbetter said no, they
would not install it. I then referred him to a situation which occurred
several years ago in Bakersville whereby Mitchell County paid for
the materials and DOT installed the guardrail. Ledbetter reminded
me that the guardrail for that project had been approved by DOT and
they had no problem with installing it. The issue was the money.
They had no problem with installing the guardrail but they didn’t
have the money, so we used grant funds for that project in Mitchell
County.
Ledbetter said they will not approve a guardrail at the Crossnore site.
I asked him if it would be acceptable if we hired a private contractor
to install the guardrail and we pay for it ourselves. Ledbetter told
me that we can’t do that on DOT right of way without their approval,
and that they won’t approve it.
He said if we install the guardrail, it will be torn out. Robert said
that the only recourse he can see is to go to the powers that be in
the main headquarters in Raleigh and get an exception to these regulations
because the people who work here locally probably do not have the authority
to supersede their policies.
I went to that meeting with the full intent of getting the DOT’s
full approval for this project, either in writing or verbally, but
this is the answer I received from them.
Joe Strickland reminded the Board that there is no appropriation in
the budget for road maintenance. This County is not in the road business
and has never been in the road business. The State of N.C. has jurisdiction
over this matter and the County cannot impose upon the state. Our only
alternative is to appeal to the State. If they have closed the door,
the only recourse I know of is for Mr. Dugger to consider his legal
options in court against the State, Strickland said.
Chairman Poteat said he thinks Robert’s suggestion is appropriate
to appeal to the higher powers at the State for help.
Jerry Dugger said he didn’t understand why everybody was scared
of Ledbetter, that he wasn’t afraid of him or to go over his
head. Mr. Poteat said we aren’t afraid of him either. Jerry said
when it comes to putting a car in front of a child’s life, this
man isn’t going to get away with that. Jerry said that Ledbetter
said that only 2 cars drove by that school when school was in session.
Jerry said I know better than that, look at how many kids go to that
school and how many parents take their kids to school. I take my grandchild
over there every day. That’s a poor excuse and this letter is
a poor excuse for not putting up the guardrails. They are suggesting
that the playground be moved, but where could it be moved to? The County
Manager should be on the phone helping out these kids more than what
he is, and the Commissioners should be helping more than they are too.
I am asking for you to okay paying for the guardrails today and give
me a piece of paper to show the kids so they will know that these guardrails
are being paid for and what day they will be put in, or close to that
date. Dugger said that Joe Strickland said we don’t have road
money for this project, but you go to Linville and they have a 25 mile
zone (the Crossnore kids don’t get a 25 mile zone), they have
red lights and stop signs at Linville, so what’s wrong that they
can’t do that for the kids at Crossnore School. I think it’s
time for you people to wake up, because I’m telling you straight,
you won’t like what the future brings, Dugger said. Chairman
Poteat told Mr. Dugger to keep after this project and to come back
again for public comments. Jerry Dugger asked how he was supposed to
get on the agenda when the Manager wouldn’t allow him to. He
said if I go back in his office after today, he’s just going
to threaten me again. Mr. Dugger had further comments he wanted to
make, but the Chairman was unable to allow these comments due to time
constraints.
Dugger asked if he is going to get a paper from the Board about paying
for these guardrails. Mr. Poteat said that according to what the
Manager just told us, we could spend thousands of County dollars
on the project and the State would just tear it out. That has to
be settled first before we spend any money, Poteat said. Jerry said
I understood that all of this was going to be investigated; you have
had 6 months to do it.
Daniel Barron, Regional Library System
Mr. Daniel Barron, Interim Director of the AMY Regional Library System,
introduced himself to the Board. He advised that he is replacing
Ms. Patti Bowers, who has resigned. Mr. Barron is retired and is
originally from Bakersville, NC. He said he plans to keep up the
day-to-day operation of the library system until someone is hired
for the position. He added that there are plans to renovate the Avery
Library facility this fall, and that he will be overseeing that project.
Also, we have a problem we need to address immediately in that we
are in danger of losing state services because we are not in compliance
with the regulations with the State Library. It is a simple matter
of following the directions of legal counsel. I will follow up on
it and will need your help. One thing we have to do is to make sure
there is a regular turnover of the Regional Library Board and also
the Local Library Board. It is very important that we get as many
new people involved as possible. We can’t continue on the people
who have done it forever and shouldn’t depend on them.
I don’t know if I will be back in the spring, probably not. Part
of my job is to find someone who will be here to do the job, and I
intend to keep the house in order until that person comes, Barron said.
Joe Strickland
Joe Strickland commented that he owns property in Florida and just
received a tax notice on it and also a notice about some public hearings
to be held to increase the taxes. I wrote them a friendly letter expressing
my empathy to them in their budget process and also expressed ways
they could maintain the status quo or cut their taxes. My e-mail was
picked up by a local paper in Florida and an editorial was made with
it. The Finance Officer has a copy of it and of my e-mail message.
Our local paper picked it up as well. I thought it best to give this
Board advanced notice about this matter so that they may review the
article if they wish, Strickland said.
Kenny Poteat
Chairman Poteat commented on the dire need for a traffic light at the
new Lowe’s Hardware in Banner Elk. He said he spoke with Darren
Higgins who advised him that they are doing over 6,000 transactions
per day at the new store. Chairman Poteat suggested that the Board
do a letter of support for a traffic signal at Lowe’s Hardware
and send it to the appropriate parties asking that the DOT look into
the matter. Joe Strickland suggested that all the Board needs to
do is instruct the Manager to follow protocol in this matter. Bill
Beuttell asked if the Manager could also request that DOT address
the guardrail situation at Crossnore Elementary School in this same
letter. The Chairman advised that both issues could be addressed.
The Board was in agreement to handle this matter as discussed.
Board Appointments
Toe River District Health Board Appointment
Robert Wiseman said we have the opportunity to put in another person
who will also be a viable member and stand up for Avery County on this
Board. Susan Pittman advised that Dr. Daniel Frayne was a wonderful
board member, but he recently moved to Asheville and will no longer
be representing Avery County on this board. She added that Dr. Michael
Sthay is a new doctor in her community who may be interested in replacing
Dr. Frayne. Chairman Poteat asked if Ms. Pittman would approach Dr.
Sthay and then come back to this Board with a recommendation on the
appointment.
Motion by Joe Strickland to defer the Toe River District Health appointment
until the next Regular Board Meeting in September. Motion seconded
by Bill Beuttell and unanimously approved with 4 members in attendance.
EDC Committee Appointment
Robert Wiseman stated that he felt Ms. Myra Brinkley, nominee for the
EDC vacant slot, would be an excellent candidate.
Motion by Joe Strickland to appoint Myra Brinkley to the EDC Committee
to fill the ninth and final slot on that Committee. Motion seconded
by Susan Pittman.
Discussion. Bill Close, Chairman of the EDC, advised that Myra Brinkley’s
appointment would complete the EDC Committee membership of nine persons.
He added that his Committee received two other qualified applicants
for the vacancy but that they chose Ms. Brinkley because of her qualifications
and the fact that she also fit our vacant district. We now have a full
representation in our 6 chosen districts and our 3 members at large,
Close said. Chairman Poteat asked Mr. Close to relay to all 3 individuals
our appreciation for their willingness to serve on the EDC Committee.
Mr. Close advised that the two remaining applicants will be kept on
file.
Vote: Motion unanimously approved with 4 members in attendance.
WAMY Community Action Agency Appointment
Robert Wiseman advised that a vacancy for Avery County was created
on the WAMY Board due to the recent resignation of Ms. Jean Ray.
We have asked several persons to serve on this board but have not
come up with a recommendation at this point. This position can either
be an elected official or their representative. Chairman Poteat suggested
that either Commissioner Elect Dan South or Commissioner Elect Scott
Heath might be interested in serving on the WAMY Board. No decision
was reached.
Motion by Joe Strickland to defer this matter until the next Regular
Meeting in September. Motion seconded by Susan Pittman and unanimously
approved with 4 members in attendance.
Tax Collector Report – Mary Daniels
In the absence of Mary Daniels, Phillip Barrier presented the monthly
Tax Collector Report. He reported a total of $173,403.38 collected
through August 2006. Phillip added that probably the reason Mary
is not here today is because her office has collected $91,000 today,
alone.
Motion by Susan Pittman to accept this report as presented. Motion
seconded by Bill Beuttell and unanimously approved with 4 members in
attendance.
Tax Assessor Report – Phillip Barrier
Real & Personal Releases
Phillip Barrier reported Real & Personal Releases in amount of
$109.98 with Fire Tax of $22.12.
Motion by Bill Beuttell and second by Joe Strickland to approve
the Real & Personal Releases as presented. Motion unanimously approved
with 4 members in attendance.
Motor Vehicle Releases
Motor Vehicle Releases were presented in amount of $548.18 and Fire
Tax of $43.06.
Motion by Joe Strickland and second by Susan Pittman to approve the
Motor Vehicle Releases as presented. Motion unanimously approved with
4 members in attendance.
Tax Appeals
Phillip Barrier advised that he has been working with Scott Casey,
N.C. Dept. of Revenue, in regard to some tax appeals we have with
the State. Mr. Casey has suggested that we try to settle two of the
eight appeals we have been working on.
Buster Freeman Appeal
House located in the Elk Park community.
Phillip Barrier recommended that the Board settle on the Freeman appeal.
The value was $66,800 and the State suggested that we go to $56,500,
which is a release of $39.13, based on the adjustment. The house has
severe leaking as was brought out in the review, Phillip said.
Motion by Joe Strickland to approve a release of $39.13 on the Buster
Freeman tax appeal, as recommended. Motion seconded by Bill Beuttell
and unanimously approved with 4 members in attendance.
James Preston
House located in the Grandfather Lake Community.
Phillip Barrier advised that they inspected the house and nothing is
wrong with it; the problem is with the lot. The State recommends that
we adjust the lot by $90,000 because in their opinion, no other structures
can be built on the lot and it is the only lot with that problem. The
house has a lot of topo problems and the man could not even build a
garage on the lot, Phillip said.
This will result in a release of taxes in amount of $342.00. The value
was previously $942,700 and if we settle, it would be a value of $852,700
or a decrease of $342 in total taxes, Phillip said. Mr. Preston has
the smallest lot in the community and doesn’t have anywhere on
the lot that he can even build a garage or carport. The lot is also
very steep.
Motion by Susan Pittman to approve the release of $342.00 on the James
Preston property as presented. Motion seconded by Joe Strickland and
unanimously approved with 4 members in attendance.
Phillip Barrier advised that he and the County Attorney will be going
to Raleigh in October regarding our first formal appeal.
He added that new taxes that were recently mailed out are due from
the date of the tax notice until January 5, 2007, without interest.
Scattered Site Housing Contract – Michelle Ball
Michelle Ball advised that this is the normal contract that we enter
into with our Scattered Site Housing grants. It is all pass-through
monies. Discussion on the title search requirements. Michelle said
that previously we were allowed to record the Deed of Trust after
the work was completed but now we have to file the Deeds of Trust
before the work even beings. There is no leverage after the fact
now.
This is HUD money filtered through the State, and a Deed of Trust is
filed on each home we repair, Michelle said.
Motion by Joe Strickland to approve the Scattered Site Housing Contract
between High Country COG and Avery County and authorize the Chairman
to sign the contract. Motion seconded by Susan Pittman and unanimously
approved with 4 members in attendance.
The Chair announced that Michelle Ball was also recognized for the
employee award she received at the Annual Region D Banquet on Friday
night.
Astroturf Project at Avery High School – Bill Beuttell
Commissioner Bill Beuttell said that in the ongoing discussion regarding
the artificial turf project for the High School, the rock and the
auxiliary gym projects, that he had met some men at the Booster Meeting
at the High School several months ago and felt that they might want
to be available to discuss this matter with our Board and educate
us a little more on these products. Mr. Beuttell then introduced
Mr. Tad Clarkson with Architectural Design Studio of Asheville and
Mr. Pat Underhill with Medallion Athletic Services, whose company
manufactures and installs synthetic turf fields. Mr. Underhill provided
samples of various types of artificial turf sold by his company and
explained the technical aspects of these products and installation.
He advised that his company has installed about a dozen fields with
this type of material in N.C., mostly recreational surfaces and high
school facilities. This is the new technology that is being used
now, he said. He provided samples of the old style of Astroturf and
also the newer materials that they now utilize. Mr. Clarkson also
discussed the safety of synthetic turf as compared to natural grass
fields.
Bill Beuttell advised that A.S.U. has synthetic turf and that Coach
Jerry Moore over there is very satisfied with their field and highly
recommends it. Bill said he did some jogging on their field at A.S.U.
during the summer and that it was very soft, supple and easy to run
on. Mr. Underhill added that approximately 600-700 of these fields
are being installed each year in the U.S. The old style turf was much
more expensive and far fewer of those fields were installed, he said.
Joe Strickland commented that this Board has allocated for two capital
projects in the school system; one is a routine allocation they receive
on a monthly basis and the other is to deal with the Astroturf and
auxiliary gym, among other projects. Since then, there have been some
code issues that have arisen that will require both boards to meet
jointly and redefine, based on our allocated resources, what can and
cannot be done. That does not say that we are not committed to completing
this project, because we are, but now there are some new wrinkles that
must be considered and jointly agreed upon and which will require us
to reprioritize what we must do given the money we budgeted. Whether
that will mean turf for this year, next year or the year after, I don’t
know at this point because we have not yet discussed the two code issues
with the Board of Education. These issues may redefine our direction
because we must comply with the law, Strickland said. The Board agreed
with his comments.
Bill Beuttell said that before he goes out of office that he would
like to know that both the Commissioners and Board of Education are
all moving forward with this project in trying to achieve a common
goal. Joe Strickland said we will be scheduling a joint meeting to
work on this.
Bill Beuttell asked Mr. Clarkson to address the level of accidents
with artificial turf vs. natural turf, based upon his knowledge and
experience. Clarkson said that they have found in Buncombe County that
there has not been any change in the number of injuries, and the injury
numbers have been pretty low on the artificial turf. The longer term
studies that I can find have concluded basically the same thing. We
know that the old Astroturf material was very dangerous, but this new
material is performing much more like natural field. You have different
sorts of injuries with this new material and they are actually more
minor than what you get on a natural grass field. Also, you don’t
get the kind of concussion injuries on artificial turf that you do
on natural grass fields because the natural grass fields get harder
as the weather gets colder. When comparing the two types of fields,
there are no greater or fewer injuries, but sometimes there are different
types of injuries, Clarkson said.
Dan South asked if this company is also going to be working on the
track at the ball field. Mr. Clarkson advised that his firm discussed
with the schools about being the architect for both the field and track
resurfacing and also for the auxiliary gym project. He added that his
firm has been doing such projects since 1981 and that they are also
well versed in code and code violations.
Chairman Poteat thanked Mr. Underhill and Mr. Clarkson for the information
they provided today.
County Manager Report – Robert Wiseman
Robert Wiseman advised that Section 2 of the Board of Commissioners
Policy Manual deals with the composition and presentation of the
agenda. It reads that in order to avoid any problems in communication
that any person wishing to be on the agenda should present it to
the County Manager along with written documentation to support their
request. My way of doing this, and I think this is where the problem
arises, is that if an issue has been brought before this Board and
the Board has made a decision on the issue, unless there are new
circumstances that arise, new information that could impact the decision
of the Board, I do not place that person back on the Agenda to re-hash
what has been decided upon previously, Wiseman said.
Joe Strickland said that the County Manager controls the Agenda for
the Board of Commissioners.
Robert added that any taxpayer or citizen in the county has a right
to come before this Board and that anyone has the right to be heard
during the Public Comment time on our agenda.
Joe added that if a person is unable to get past the Manager in order
to get something placed on the agenda, they have the right to contact
a Commissioner and ask for their consideration in scheduling the topic
on the agenda. Robert Wiseman said that he sees no point in using this
Board’s time each month in order to re-hash things which have
already been decided upon previously.
Home & Community Care Block Grant Budget Revision – R.D.
Daniels
R.D. Daniels advised that the General Assembly appropriated $4 million
statewide for services to the aging; Avery County’s share was
$14,243.00. R.D. said he met with the Home & CC Block Grant Committee
on this matter and went over the needs in Avery County. We had looked
at the needs in the County in May, but things have changed since that
time. Since then, a need has come up in our Level I In-Home Aide Program
where we do maintenance, in that we have gained a waiting list of 15
people over the last 2 or 3 months in that program. We felt this money
should be placed in In-Home Aide Program and hire a part-time individual
for 25 hours per week. We don’t have enough money to hire a full-time
person. We would hope to be able to reduce the waiting list by 6-8
individuals by hiring this person. This money is recurring and we would
be receiving it in coming years. We hope that we would be able to build
this position up to a full-time position in the years to come and be
able to serve all of those individuals on our waiting list.
Salary and Social Security match for this position (1,300 hrs. per
year) would amount to $12,659.42.
The balance of $1,583.58 we would like to budget in our Senior Center
Operations line item and use those monies to help us in our Senior
Center Certification Process which we are beginning to go through in
order to become a Senior Center of Recognition for merit in the State
of N.C., R. D. said. We would then be able to get our official certification.
That money will help us by extending our hours. In order to be a Senior
Center of Excellence in the state we have to offer extended hours to
individuals who are over 60 but may still be working so they could
come in and use the exercise equipment, Internet, computer lab, etc.
or Saturday hours. We would use this additional money we would budget
for instructors, for programs we don’t already have or for addition
in staff to keep the Sr. Center open from 4:30 p.m. to 7:00 p.m. If
we can show that we have tried to meet this need but people don’t
come out during that time of day, we can still pass that part of the
certification by the fact that we have given them the opportunity and
done what we can to offer those hours to them, R.D. said.
Expected Federal Funds of $1,000 to $2,000 – the State always
requests from the Federal Government at the end of each year when budgets
are not consumed and they go back to the Federal government. After
September, once the Federal Government finds out how much money in
programs has not been spent and how much they still have, they will
offer that money to be disbursed to the State, R.D. said. North Carolina
always asks for additional funding from that source. We figure we will
be getting $1,000 or $2,000 additional dollars in January 2007 and
we will lump that money with the other money in our Senior Center Operations
budget, R.D. said.
Joe Strickland commented that this is pass-through money, but it entails
a new position and this Board is the only one that can authorize that
position. This means that we are establishing another position in the
County that will be funded by state money. It means that it has a sunset
clause on it, and if the State money dries up, then the position goes
away. This is a part-time position with no benefits. This accreditation
means a great deal to us and is somewhat similar to a hospital accreditation
in that it helps in getting money and providing services.
Motion by Joe Strickland to adopt the Budget Amendment as reflected
in the documentation and appropriate the revenues back to the appropriate
department. Recognize revenue of $14,243.00 and distribute as follows:
$12,659.42 for New Part Time Level I In-Home Aide position and $1,583.58
to Senior Center Operations line item. Motion seconded by Susan Pittman
and unanimously approved with 4 members in attendance.
Part-Time Temporary Position, Medicare Part D
R.D. also advised that there is another pot of money available to us.
He said that he will be attending a training session for the SHIIP
Program tomorrow. They gave us a grant of $3,100 to help with the
administration of the new Medicare Part D Program. We have helped
with this program for about a year now. They are making money available
to us so we can better accommodate those people coming in for assistance.
We intend to hire a part-time temporary person who would work one-half
day per week for most of this year and then from November 15 to December
31 they would work a few more hours per week in order to meet the
need during the open enrollment period. Of these funds, we have to
use $100 for a Volunteer Recognition Ceremony, which we need to hold
during the next few weeks. I can sign this contract and get Tim Greene
to attest it. Joe Strickland advised that the Board should probably
authorize this new position, regardless of where the money comes
from for it. This will also have a sunset clause on it, Joe said.
Authorization of New Part-Time Temporary Position – Medicare
Part D
Motion by Joe Strickland to authorize a part-time temporary position
for Senior Services, contingent upon appropriate funding, as validated
by the Finance Director. Motion seconded by Bill Beuttell and unanimously
approved with 4 members in attendance.
County Manager Report – Continued
In regard to the discussion that took place prior to R.D.’s report,
Robert Wiseman stated, for the record, that he has never threatened
any member of the public or staff or anyone else since he has been
working for Avery County in this office.
Robert advised that nothing in his report requires Board action today;
it is for information purposes only.
Avery Health Department
Robert Wiseman advised that he hopes we will have a Certificate of
Occupancy by the end of this week for the new Health Department facility.
We have received all but $12,000 from the $1.316 million dollars
that was appropriated by Senate Bill 7 for construction of that building,
he said. With the next payment we can request the final payment be
sent to us.
In regard to a policy for naming of facilities, Joe Strickland suggested
that the Board agenda this matter for our next meeting in September
so we can affirm that which is in motion in order to avoid any technicality.
Museum Roof
The new roof appropriated for the Avery County Museum has also been
installed, Robert said.
Avery High School Project
Commissioner Beuttell stated that he has been hearing some rumors and
innuendos that they are continuing to have problems at the school
with sewage backup, air conditioning problems, etc. I would like
to have it looked into and get some answers, Bill said. Joe Strickland
said he is hearing the same thing, but doesn’t know what the
facts are. Bill said he would like to get to the bottom of this issue
because we have appropriated a lot of money to renovate that school
and somebody is responsible.
Joe Strickland commented that we now own the school property. Michaelle
Poore advised that will own it as of tomorrow morning; it will be recorded
tomorrow. Joe said we have dedicated up to $4 million for the project
and I think it appropriate that the Manager, being the agent for this
Board, is identified as the Project Manager to accommodate any issues
or problems involved. On the County’s behalf, we need to find
who is responsible for whatever may or may not exist, Joe said. We
are dealing with hearsay information and don’t know the facts
at this time. Since the property is owned by the County, the Manager
should be the responsible individual as the Project Director, Joe said.
He can involve any and all that he wishes in order to make sure that
the Board’s intent is accommodated.
Kenny Poteat asked the Attorney exactly what the County will own at
the High School after tomorrow. Michaelle Poore said it will be the
entire 30 acre tract that the high school is located on, the high school
and the ball field, etc.
As part of the QZAB financing and the documents that the Board approved
in February, it was part of the documentation that this Board approved
placing the Board of Education as the supervising agent for the construction
of the project, Michaelle said. That was the Rehabilitation Agreement
approved in February. Joe Strickland said we don’t intend to
interfere with what the Board has done; I am simply saying that the
Manger is the agent for the Board and the individual whom we should
turn to for questions.
Kenny Poteat added that we need to push whomever we have to in order
to make sure things are working over there. We need to make sure the
urinals flush, that the air conditioning works, etc. Bill Beuttell
asked that the Manager come back to the Board at our next meeting with
some input as to the High School Project. Joe Strickland said he doesn’t
like dealing with hearsay, so he feels we should have a “walk
through” of the project. Bill suggested that once the Manager
collects the information, we could then schedule a “walk through”.
Kenny Poteat asked the opening date for the Health Department. Robert
advised that they hope to open on September 11, 2006. A Grand Opening
will be held at a later date, once everything is completed such as
landscaping, signage, etc.
Inspection Fee Increases
In regard to the increase in Inspection Fees by the Toe River Board
of Health, Robert Wiseman stated that the Managers and Finance Officers
from each of the 3 counties will probably meet on Thursday to discuss
some of these issues. Mitchell County is presuming that changes in
the fee structure have to be approved by the Boards of Commissioners.
I will take issue with that statement until our Attorney has time
to look into that matter, Robert said. Robert felt that as long as
we have a Toe River Board that they should be the ones who institute
these changes and make the decisions. They are there on a monthly
basis and know the weaknesses and strong points. For the counties
to come in and start making the decisions one-third at a time, we
are just inviting trouble. If we are going to have a district health
department, then the Board of Directors needs to be able to direct.
If the counties get into things such as approving fee changes, then
we are usurping that Board’s authority. If that Board does
not do as they should, then we can change the board members. Joe
Strickland agreed, stating that that is a separate legal entity for
which we have no influence other than through our representatives
on the board. However, when you have 3 separate entities such as
county government, there will always be issues. The questions that
come to my mind which I hope this and future boards will deal with
is whether or not it is appropriate for us to give consideration
to establishing our own health program. Hopefully, if that is the
case, I would hope we would consider a local bill through the General
Assembly to accommodate that, based on the Finance Director crunching
the numbers to see if that is financially feasible. I have been saying
this same thing for the past 6 years, Joe said. Joe suggested that
if the funds are available, and it is not a burden to the taxpayers
of Avery County, that we accommodate the health needs of the people
of Avery County. Susan Pittman said Joe is correct. We have always
had a problem with Mitchell County not contributing their fair share.
We reneged this year to try to get Mitchell to come up with their
fair share, but it didn’t work, Susan said.
Susan Pittman said she didn’t know if we have a physician or
a nurse practitioner working in the Avery County Health Department.
Bill Beuttell said he thinks that we have a nurse practitioner who
only comes in one day a week. Susan said she didn’t feel that
was very good service, that we need someone on a full time basis. Kenny
Poteat commented that he agrees with Robert’s earlier statement
concerning usurping someone else’s authority and powers. We have
far enough problems of our own.
Susan said she had never known of the Commissioners ever approving
any of those fees through the health departments. The Board asked Michaelle
Poore to research this matter for the county.
Kenny said he sat in the background today and did not participate during
a discussion between the Toe River Health members and the EDC in regard
to inspection fees initiated by Toe River Health. He then stated that
he agrees with Bill Close that those fees are out of line with what
they should be. Susan Pittman advised that those fees will be revisited
by all 3 counties in the Toe River Health system.
The Chairman recognized Mr. Bill Close, Chairman of the EDC, for a
brief comment. Close said that he understands Mitchell County’s
position regarding the board decision on a new fee schedule in that
they cited a resolution which they adopted. In that resolution they
cited a NC State statute. The numbers in it supposedly say that when
the Toe River Health Board was created by the State that the State
mandated that all new fees go to the County Commission for approval.
They cited the NC State Statute number as well, Close said. There may
not be a choice at the local level in this regard, Close said.
Robert Wiseman advised that he has been involved with the Toe River
Health Department on and off since the 1970’s, and to my recollection,
it has never done that.
Will Campbell said that in 1998 he was trying to get a septic system
changed and the Health Dept. came out and did the perk test for him.
They brought a shovel, flipped a piece of sod over, came back the next
day and approved it. In one year’s time, the price went from
$25 up to $150. They counted it according to your bedrooms and stuff.
It went from 2 holes per lot up to 5 holes per lot. Now, it has gone
up to almost a two thousand percent increase from what it was in 1999.
Will apologized for calling Crossnore a band of thugs. The day they
burned the house, they called the Sheriff Dept. and sent every member
of the sheriff dept. down there to arrest me. Until I get an apology,
they are a band of thugs to me, Campbell said.
Revitalization Project in Newland
Robert Wiseman stated that several weeks ago Tom Burleson and he met
with Bill McLean from the Rural Development Center and the Newland
Town Council to discuss the Revitalization Program which became available
after the flooding of 2004. The Town of Newland is in line to receive
$700,000 based upon a plan that was submitted for approval and was
later approved. The plan is intricate in detail. It goes so far as
to alleviate the bottleneck in the North Toe River that exists on
the northwest corner of Newland as it goes down Old Toe River. One
of the problems identified after the fact was that this bottleneck
caused a lot of the water to back up because it did not have sufficient
egress at the edge of town and consequently backed up all over town.
These engineering plans have been developed to address that matter.
The Town has about $700,000. The County, through Tommy Burleson’s
office, was eligible for some funding which amounted to about $150,000.
That money can only be spent for a limited number of things. It could
be used to build a flood wall around this building to keep the water
out, but I personally don’t put much stock in that plan, Wiseman
said. I don’t think we need a moat. The same thing for the
Senior Citizens Building. We thought we could use some of that money
to flood-proof the swimming pool heater/pumps, etc. that we had to
replace after the last flood, but that is not an option. At this
meeting, we discussed a good proposal. Part of the town’s Revitalization
program is the purchase of this lot next door to us which is known
as the Dages property. The lot would never be built upon or developed.
It is an indentation and is lower than our surrounding property.
I learned a new term that day; it is called a Rain Garden. It is
a flood control method that creates a reservoir and in times of heavy
rainfall, that area has to fill up before the area around it starts
flooding. With the development of our new Health Department, the
original plan was to have a swag in the parking lot and achieve the
same effect as the Rain Garden. Because of the consistency of the
soil when this area was filled, we could not proceed with that plan.
To offset that, this is a very good counter move. The Town of Newland
can purchase that property, but I would recommend something else
to the Board, Wiseman said. Since our use of that money is so limited
that it would be to everyone’s advantage if the County took
that $150,000 and purchased the Dages property and that other little
strip that adjoins it with part of that money and turned around and
leased it in perpetuity to the Town of Newland on the condition that
they would maintain it, maintain the drainage, etc. That would then
allow the Town of Newland a lot more flexibility with their funding.
They could do more with what they get and not have to spend part
of it on this piece of property. My recommendation would be that
we use our Federal money to buy this property next to us to be used
as a Rain Garden or a reservoir, Robert said. If we don’t do
that, the Town is going to buy it and use it for that purpose anyway.
Plus, we don’t have any other real use for the money if we
don’t use it for that purpose, anyway, Wiseman said, because
our uses for those monies are very limited. Chairman Poteat added
that this property would help alleviate flooding problems around
our County buildings more so than for anyone else.
Tim Greene will be asking for a motion to this effect when he presents
his report today, Wiseman said.
Recess - The Board took a 3 minute recess at this time.
Finance Office Report – Tim Greene
Discussion on current investments and whether we are getting our best
return by investing through NCCMT. Brief discussion on investments
with Tim Greene advising that the N.C. Capital Management Trust ( NCCMT)
is a liquid and safe investment that is also authorized by the Local
Government Commission. We also get a good return on our investments
through NCCMT, Tim said. Joe asked if Tim has given consideration to
short-term CD’s. Tim advised he would be looking into that type
of investment in the future.
Joe Strickland asked if Tim Greene knows what our year end revenues
will be and if so, what does that entail with our ordinance of transferring
over and beyond 20% to capital. Tim advised he has done a preliminary
calculation of what 20% of our undesignated fund balance will be. Last
year it amounted to $4.5 million that was our Undesignated Fund Balance.
Anything over that, we moved into our Courthouse Capital Project Fund.
We have redefined that, Joe said. It is now our Capital reserve Fund.
Tim said that from the capital Reserve Fund we can move the money to
the Courthouse project Fund or any other activity. It just gives us
more latitude, Joe said. Tim added that our budget figure has been
increased over the past couple of years due to these Federal pass-through
monies which are flood related. In the 2005-06 FY which just ended,
we had $28.5 million in General Fund expenses and transfers. Reserving
20% of that would be about $5.7 million. So, we will have about $500,000
to move to our capital reserve fund this year. It would have been better,
but last year we took $1.5 million out of Fund Balance and moved it
into the Schoolhouse Project Fund. Joe said this emphasizes our philosophy
of “Pay as You Go.” This process keeps us from plunging
into serious debt or from having to raise taxes to accomplish these
projects, Joe said.
Joe Strickland added that we are finally going to reach closure on
the QZAB bonds after dealing with this for the past year or two. We
were forced to spend County dollars. Are we going to be able to take
the QZAB money and replace those County dollars and if so what impact
does that have on our Fund Balance and our ability to additional transfer
funds to capital. Tim Greene advised that it will not impact it until
next year. We have a reimbursement Resolution in place. We have funded
the School house project by $1.5 million and we need to fund it another
$1.5 million. We will take $500,000 out of the QZAB money and replace
our General Fund amount, which will be reflected in next year’s
Fund Balance, Tim said.
Robert Wiseman added that Tim Greene attended an IOG school on Cash
Management and Investments last week. As I attend meetings with my
counterparts, they want to know how we do it, Robert said. Robert said
I think Tim Greene is to be commended for the fine job he does. We
are saving not thousands of dollars, but hundreds of thousands in the
long range capital plan that we have implemented and are moving.
Budget Amendment #_________ Redevelopment Planning Grant
Avery County received an amendment to the Redevelopment Planning Grant
from the N.C. Rural Economic Development Center, Inc. increasing the
funding from $5,000 to $159,300. The County spent $4,785 in fiscal
year 2005/06 for the planning portion of that grant. The amendment
brings it up to $159,300 and we need an amendment for $154,515, Tim
Greene said. The grant is for the purpose of economic recovery and
redevelopment activities business areas that sustained storm damage.
Motion by Joe Strickland to approve a Budget Amendment for the Redevelopment
Planning Grant with a debit of $154,515.00 in Redevelopment Planning
Grant and a credit of $154,515.00 to Redevelopment Planning Grant.
Motion seconded by Bill Beuttell and unanimously approved with 4 members
in attendance.
The second portion to this amendment is that Tommy Burleson had sent
out a letter in the Board Packet not knowing if Mr. Wiseman would be
here today or not. Tommy had requested a motion from the Board of Commissioners
to proceed with the purchase of the Dages property under the Rural
Development Contract and Guideline. We need a motion to purchase the
property not to exceed $159,300, Robert Wiseman said. The $159,300
is not the full purchase price of the property, Kenny Poteat said.
There will be funds left over that will need to be used for other purposes
in this project. Brief discussion on what action the Board needs to
take in regard to this property and whether a formal resolution is
necessary.
Motion by Joe Strickland to authorize the Manager to move on with
this project, and if necessary, to authorize the Chairman to sign an
appropriate resolution relevant to this subject. Motion seconded by
Susan Pittman and unanimously approved with 4 members in attendance.
Budget Amendment # ____________
Tim Greene advised that during the budget process this year he failed
to re-budget these funds. The NC Dept. of Commerce Community Development
Block Grant in the amount of $600,000.00 received in FY 2005/06 needs
to be re-budgeted. The funds are to be used to replace homes destroyed
by Hurricanes Frances & Ivan. Tim added that this is an Urgent
Needs Repair Grant.
Motion by Susan Pittman and second by Joe Strickland to approve
a Budget Amendment in amount of $600,000 debit to urgent Repair Grant
and credit of $600,000 to Revenue – CDBG Funds. Motion unanimously
approved with 4 members in attendance.
Budget Amendment #___________
The EMS Department received an HRSA Grant of $7,718 from the Office
of Emergency Medical Services. This is a 100% reimbursement Bio-Terrorism
Grant. Turnout gear and 4 laptop computers will be purchased with
the grant.
Motion by Bill Beuttell and second by Joe Strickland to approve a Budget
Amendment recognizing the revenue and expense of $7,718 for the HRSA
Grant. Motion unanimously approved with 4 members in attendance.
Joe Strickland commented that we are purchasing more and more computers
in the County and that we have an administrative policy that deals
with the use of computers. He said he knows of a county which recently
dismissed 4 employees for the improper use of computers. He asked we
need a Board Policy to reinforce the County’s position on improper
use of computers. Robert Wiseman advised that our policy as to appropriate
use of internet technology is not very strict, but that he would need
to revisit it to see
the exact wording. Joe Strickland offered to look at this policy, along
with the Manager, and revise or update it as needed. The Chairman asked
that they take a look at personal use vs. professional use in this
policy. Joe commented that we need to be very emphatic with our employees
regarding the transmission of any type of pornography and reinforce
to them that we will not tolerate it. Discussion on this issue.
Vote: Motion unanimously approved with 4 members in attendance.
Budget Amendment #____________
The Criminal Justice Partnership Program has received additional funding
from the Legislature increasing the original allocation from $44,809
to $46,585.00.
Motion by Susan Pittman and second by Bill Beuttell to recognize additional
revenue from the State Legislature for the Criminal Justice Partnership
Program in amount of $1,776.00.
Motion unanimously approved with 4 members in attendance.
County Attorney Report – Michaelle Poore
Michaelle Poore reported no new developments in the Wayne Johnson Employment
Security Commission Claim.
The FEMA closings are all finished. The last two properties in Land
Harbor closed a couple of weeks ago and everyone has their money.
Related to this matter, we have 3 property owners who are refusing
to vacate their property, Michaelle said. They have received their
funds but have not yet vacated the property. Michaelle advised that
she has sent letters to each of the homeowners reminding them that
they agreed to be out of the property by a certain date, that the County
now owns the property, that they have received their money for the
property and need to vacate. I have not checked today to see if they
have vacated, Michaelle said. The problem for the County is that if
these homeowners continue to hold over, FEMA wants to demolish these
homes because they have been condemned. If FEMA cannot demolish them
in a certain time frame, then the County has to reimburse FEMA for
the funds they have received. This is not anything that the County
has control over, it is FEMA regulations. The drop dead date for this
is around September 15, Michaelle said.
Lengthy discussion continued on this matter. None of these people
are located in Land Harbors, Michaelle said. One of these people closed
over 90 days ago. Joe Strickland asked if we will need a court order
to go out and ask these people to vacate. Michaelle advised that we
would need to get a Summary Judgment to have them removed from the
property. Joe felt that the County is at risk and somebody needs to
do something about this. Michaelle said that there is a physical liability
issue as well for the county. All of these people are living in homes
with no leases, they could be injured on the property, there is mold
infestation on some of the property and these people continue to live
there and are refusing to vacate. Susan Pittman asked if these people
have other places that they can move into. Michaelle said there are
emergency grant funds available to these people that will pay for a
hotel room for them until their house is ready. Robert Wiseman said
one question he heard from one of these individuals was not about where
he would reside, but rather where he would put his furniture. Michaelle
advised that this grant money will also pay for storage, a residence
to live in, help pay for set up in their new home, septic systems in
new homes, and underpinning for modular homes, etc.
Joe Strickland recommended that the Board authorize the County Attorney
to get the proper legal notification to evict these persons and the
County Manager to help these individuals understand what their alternatives
are, that they are not being pitched out in the cold but that they
must vacate the property. Also, to authorize the Manager to send the
Sheriff to accommodate it if necessary. Otherwise, this County is in
double jeopardy as far as financial liability is concerned. Michaelle
Poore pointed out that the availability of grant funds was explained
to each of these individuals when they were in my office. This grant
money available to them is in addition to the purchase price of their
homes, Michaelle added.
Bill Beuttell reminded the Board that we have discussed on several
occasions another county in the state receiving $2.6 million in bilked
funds from FEMA and the Federal Government but we still have not found
out how that money got appropriated, who appropriated it or if it has
been paid back. If the Federal Government wants to come back on Avery
County, we need to start digging into that subject matter and make
everybody responsible for what’s going on. We tried to find out
how that money got released from the Clearinghouse in New York to that
other county in this state for $2.6 million when they had no disaster
claims and only had 1 inch of rain. We haven’t been able to find
out if it has been paid back, who got the money, where it went, etc.
and now the Federal Government thinks they are going to hold us responsible
for this. Joe said the Governor gave them that money. The Federal Government
transfers that responsibility to the Governor and he has exercised
his prerogative. It was political and that’s it. He is a Democrat
and he gave it to a Democrat county, and the law permits him to do
that, Joe said. Don’t think that the Federal Government won’t
come back on us if there is a liability, because they will, Joe said.
Robert said he thinks that the Chairman of the State Democrat party
resides in that particular town that received those funds. Bill said
that’s wrong and I’ll stand up in their faces and tell
them it’s wrong. I blame our own system for having double standards
and I am going on record as saying it is deplorable conduct on their
part and they are dead wrong, Bill said.
Discussion continued on what action the Board needs to take regarding
these people continuing to live in
these condemned homes. Kenny Poteat said there is a possibility that
FEMA will ask for the money to be returned, not to mention possible
liability due to these persons continuing to live in these homes. We
could also take action by advising our Manager to see that these persons
are out of these homes by the drop dead date by whatever means necessary.
The Chair asked Michaelle Poore for her legal recommendation in this
matter. She recommended that legal action begin to remove these people
from these properties. She said that they have all been given over
3 months since they received the proceeds from their sales. They have
all known that they would have to move out. While I sympathize with
them, the County’s hands are tied she said. That is part of the
agreement and all these people knew it.
Joe Strickland said the Manager is not going to allow these people
to be hurt; he will help them find places for their furniture if he
has to, as well as find alternative living conditions if he has to,
because it is all paid for.
Robert Wiseman advised that he knows two of these three individuals
personally and that he will contact them and explain the urgency of
this issue. I will also explain to them that it is out of my hands,
the Board’s hands and our Attorney’s hands. Michaelle said
that some of these property owners did not inform anyone with the County
or anyone administering the program that they were still staying in
their homes, then when FEMA sent a demolition crew to the property
to demolish the home, they discovered the homeowner still living on
the property. It has been an aggravation to the people who are to demolish
the homes, Michaelle said.
Chairman Poteat asked if anyone has a problem with Michaelle’s
recommendation being handled through the County Manager’s Office.
The Board agreed by consensus to handle the matter in the manner discussed.
In regard to the QZAB closings, everything should be recorded tomorrow,
Michaelle advised, so we are on track with that.
Approval of Minutes
Motion by Joe Strickland and second by Susan Pittman to approve the
Minutes of the August 3, 2006 Regular Meeting and the Public Hearing
on Secondary Roads on August 17, 2006. Motion unanimously approved
with 4 members in attendance.
Agenda Consent Items
Susan Pittman advised that she went into the Museum and the staff there
was very pleased with their new roof. They asked me to extend their
thanks to the Board of Commissioners and the County Manager, Susan
said.
The Board approved the Agenda Consent items by consensus.
Upcoming Meetings
Some of this Board will be attending the upcoming N.C. Association
of County Commissioners Convention this weekend, Poteat said. Our
next meeting will be September 11, 2006 with the Planning Board at
5:30 p.m.
The Board discussed a date to hold the Joint Quarterly Meeting with
the Board of Education. The date of October 16, 2006 at 5:00 p.m.,
or later, was suggested. The Board of Education will be contacted to
see if this date is suitable with them.
Adjourn
Motion by Joe Strickland to adjourn this meeting at 5:35 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
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