January 6, 2003 Meeting
of the Mitchell County Commission

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MITCHELL COUNTY BOARD OF COMMISSIONERS MINUTES
REGULAR SESSION
JANUARY 6, 2003

NORTH CAROLINA
MITCHELL COUNTY

The Mitchell County Board of Commissioners met in regular session at 5:00 p.m. on January 6, 2003 in the Commissioners’ Conference Room, Administration Building, Bakersville, N.C. Those attending this session were Bill Slagle, Chairman; Bill Burleson, Vice-Chairman; Harry Anderson, Member; Ken Hollifield, Member; Keith Masters, Member; and Judy Broadway, Interim County Manager. Also in attendance were Mavis Parsley, Finance Officer; Phil Byrd; Dr. Jim Carroll; Willard and Ruby Bennett; Jim and Jean Saylor; Terry Hoilman, and Mark Thomas.

1. CALL TO ORDER – Chairman Slagle called the meeting to order at 5:00 p.m.
   
   
2. INVOCATION – Invocation was given by Rev. Greg Hollifield, pastor at Berry’s Chapel Baptist Church.
   
   
3. ADDITIONS OR CHANGES TO THE AGENDA – Chairman Slagle explained that Parkway Fire Department had requested to be included with the other fire departments on item 4.F; the Town of Spruce Pine and the Spruce Pine Fire Department have worked out their situation and no longer need to meet in reference to item 4.G.; Representative Philip Frye will not be attending in reference to Item 8.A.; and that the closed session will not be necessary. Commissioner Anderson moved to adjust the agenda with the changes pointed out by Chairman Slagle. The motion was seconded by Commissioner Burleson and carried unanimously.
   
   
4. ITEMS FOR DISCUSSION/DECISION
   
   
   1. Noise Ordinance – Fox Fire Forty Properties – Ms. Ruth Wyatt, Manager of Fox Fire Forty properties, had originally requested time on the agenda to discuss the possibility of a local Noise Ordinance for enforcement when public disturbances occur. Ms. Wyatt was not present for the meeting.
      
      
   2. JCPC Committee Vacancy and Budget Revisions – Danny Braswell, Juvenile Crime Prevention Council Chairman, reviewed changes in the JCPC budget due to a $3,827.00 decrease in state funds. Mr. Braswell explained that the JCPC Operational Expense/Delinquent Prevention line item has been reduced from $500.00 to $194.00. Three are no in-kind funds for this item. Another reduction occurred in the Strengthening Families-Mitchell County Schools program from $8,238.00 to $4,717.00. This program requires a local match of $2,419.00, of which $1,669.00 is proposed to be moved from Other-State/Federal and $750.00 in local in-kind to make up this amount. Mr. Braswell explained that the JCPC Committee was requesting that the board not make the twenty percent cut in the local match, which would require them to locate an additional cut of $705.00.
      
      Commissioner Anderson moved to approve the DJJDP revised County Fund Plan (a copy is attached hereto and becomes a part of the minutes) and not to decrease the local match by twenty percent as requested by the JCPC Committee. The motion was seconded by Commissioner Burleson and carried unanimously.
      
      
   3. Request from Terry Hoilman – Chairman Slagle explained that Terry Hoilman had requested time on the agenda for submission of a petition asking for his reinstatement of employment by Mitchell County EMS. Mitchell County contracts with Memorial Mission-St. Joseph Hospital System for operation of the county’s emergency medical services.
      
      Mr. Hoilman presented petitions, letters of recommendation, and a list of his qualifications. He pointed out that when the petition idea was first conceived by members of the community, it was thought that it would be presented to Mission; however, since they hold a contract granted by county government, he felt the board would feel more about individual concerns than the hospital. He added that the people in the community asked him if he would be willing to take his job back if given the opportunity and his answer was that his first concern had been the people in the community that needs EMS in the first place. He said if given the opportunity, he would rather work in the county than somewhere else, and if nothing else comes out of this, he hopes the people who signed the petitions and wrote letters realize how much he appreciates their support.
      
      Commissioner Hollifield asked if Mr. Hoilman was asking the board to get his job back; Mr. Hoilman said he was. Commissioner Hollifield asked him if he realized the awkward position this puts the board in and asked if Mr. Hoilman thought it was fair for anyone working for another company, etc. and got terminated, to come before the board and make such a request. Mr. Hoilman said that was not what he was implying; that this was a contract situation and he was not discharged because the company moved or because of his job performance, but because a county employee made a complaint that he had been offended by Mr. Hoilman in an incident shortly after the jail fire. Mission’s statement to him was that they had a contract with county government and they could not have employees offending county government.
      
      Commissioner Hollifield asked if Mr. Hoilman had been to the labor board. Mr. Hoilman said he had no reason to go to the labor board; that he was employed by a private employer who has the right to terminate employees at any time for any reason.
      
      Commissioner Masters explained that he and Mr. Hoilman and previously discussed this matter and that he felt the concern was with the perception that if Mr. Hoilman was employed by Mission, it would affect future contractual arrangements between them and the county. He also pointed out that he had researched Mr. Hoilman’s work history and found it to be good as far as quality of work, extent of knowledge, etc. He added that he felt Mr. Hoilman was the victim in a situation of occurrences, but that this did put the board in the middle. He also added that he personally would not look unfavorably when it is time to renew the contract with Mission if they employed Mr. Hoilman.
      
      Chairman Slagle called attention to the county’s contract with Mission and pointed out that the employer/employee relationship is between Mission and the employee and this takes the board out of that relationship and the board cannot influence whom they hire and fire.
      
      Commissioner Anderson asked Mr. Hoilman if he had gone through the appeal process. Mr. Hoilman said he did and the only results during that hearing was whether or not Mission’s policy had been upheld and whether or not they had authority to make the decision as they did. He said it had nothing to do with qualifications or job performance.
      
      Commissioner Burleson said he, along with Commissioners Anderson and Slagle, had previously spoken with Ms. Sonya Greck and told her that the board basically did not hold this incident against Mr. Hoilman as far as his employment with Mission was concerned. He added that Mission would not discuss personnel issues with him, but did state it was their right to do what they did. He pointed out that he feels now with Mission, it is “water over the dam” and there is not anything anyone can do about it. He also pointed out that he debated on whether to speak to Mission on Mr. Hoilman’s behalf because the situation did involve a county employee and that employee also deserves some consideration and support.
      
      Commissioner Masters moved that the petitions, along with a cover letter, be sent to Mission and a statement made that the board would take a neutral position with Mission as to whether or not somebody is employed or not employed and that this board would not hold it against them in future contractual matters if Mr. Hoilman were rehired. The motion was seconded by Commissioner Hollifield and carried unanimously.
      
      
   4. Transport Officer for Sheriff’s Department – Chairman Slagle explained that due to a renovation project in the jail facility, McDowell County is unable to house Mitchell County in-mates. In November, Sheriff Ken Fox entered into an agreement with the Rutherford County Sheriff’s Department for the provision of this service; however, transportation of in-mates this additional distance is putting a strain on manpower.
      
      A surplus van from the Transportation Authority has been transferred to the Sheriff’s Department for use in transportation and funds remaining in the grant obtained from the Governor’s Crime Commission can be used to equip the van. Sheriff Fox is requesting $3,500.00 to be used to hire part-time personnel for the explicit purpose of transporting in-mates. If the board approves this request, a budget amendment will be required to transfer the $3,500.00 from the contingency fund to the Sheriff’s budget.
      
      Sheriff Fox explained that the transporting of in-mates to Rutherford County is leaving his department short of manpower and putting a real strain on them, resulting in only one deputy working in late evening and at night. He said the additional funds would allow him to hire someone part-time for the next six months. He said he had talked with an individual that has had BLET, is certified, and is retired and would be willing to do something like this. Sheriff Fox pointed out that he was planning on paying $30.00 per round trip, which takes about three hours.
      
      Chairman Slagle pointed out that if the board approves this request, a budget amendment would be required to transfer the $3,500.00 from the contingency fund to the Sheriff’s budget. Commissioner Anderson asked about the amount remaining in the contingency fund; Finance Officer Parsley said there was $69,046 left in this account. Commissioner Masters asked if there were funds for jail operation in the budget that had not been used since the jail was not in operation. Finance Officer Parsley explained that the budget was not adopted when the jail fire occurred and the current budget was figured on an average of 14 in-mates at $15.00 per day and an estimated figure for medical expense. She also pointed out that there would be a shortfall in this budget because it was based on a $15.00 per day rate, not $45.00.
      
      Commissioner Anderson moved to approve the $3,500.00 for use in transportation of inmates. The motion was seconded by Commissioner Burleson and carried unanimously.
      
      Finance Officer Parsley asked if this money would be used entirely for part-time salaries. Sheriff Fox explained that $1,200 would be used for gas. He and Finance Officer Parsley will work together on the line item allocations.
      
      
   5. Memorandum of Agreement with MAIN – Harper Wilson and Bob Rodgers, MAIN board members, and Walley Bowen, Executive Director of MAIN, were present for this portion of the meeting.
      
      Chairman Slagle explained that for the past several months, negotiations have been underway between county personnel and MAIN representatives to come to a beneficial agreement for both parties. A Memorandum of Agreement was included in the agenda packet for board review. According to the agreement, the county will allow MAIN to place telecommunications equipment in the Emergency Operations facility and on its towers. In return, MAIN will provide the county ten high-speed Internet access accounts at the EOC and Administration Building and host the county’s website at no cost during the term of this agreement.
      
      There was some discussion regarding the period of the contract being for ten years and the wording of number eight in the contract.
      
      Commissioner Anderson moved to approve the contract with the revision of number eight, changing the period of the contract from ten years to five years, and contingent upon approval of County Attorney (a copy of the revised contract is attached hereto and becomes a part of the minutes). The motion was seconded by Commissioner Hollifield and carried unanimously.
      
      
   6. Six-Mile Fire Districts – Present for this portion of the agenda were L. G. Sheets, Chief of Buladean Fire Department; Jack Goodwin, Chief of Fork Mountain Fire Department; Edd Silver, Chief of Bakersville Fire Department; Boyd Davis, Chief of Bradshaw Fire Department; Bradley Hoilman, member of Bradshaw Fire Department; Roger Wilson, member at Ledger Fire Department; Lloyd Glenn, Chief of Parkway Fire Department; and David Hughes, Chief of Spruce Pine/Estatoe Fire Department.
      
      Chairman Slagle explained that legislation was passed in 2001which allows fire departments to extend insurance district boundaries from five miles to six miles. According to information provided by the Department of Insurance, the process of extending a fire insurance district from five miles to six miles is possible only with Board of Commission approval. Once this authorization is given, fire departments and county personnel will revise maps and written descriptions for approval by the Department of Insurance and upon completion of this review, presented for Board of Commission approval.
      
      These changes will allow citizens who are not currently covered within the five-mile district to be eligible for a lower insurance premium; however, it will also increase their fire tax rate from three and one-half cents to seven cents.
      
      Edd Silver, Chief of Bakersville Fire Department, explained that all five departments within the county want to extend district boundaries to six miles in order to allow citizens to receive the insurance adjustments. Commissioner Burleson pointed out that this would help a lot of people from an insurance perspective since property in a class ten, as shown on the ISO Public Protection Classifications, is almost impossible to get insured. David Hughes agreed and pointed out that this would also help to eliminate the “no man’s land” the fire departments have dealt with for years.
      
      By consensus, the board agreed for Interim Manager Broadway to coordinate efforts between fire department personnel and county departments to make necessary changes to the tax records and once the paperwork has been approved by the Department of Insurance, OSFM in Raleigh, bring back to the board for approval.
      
      
   7. Spruce Pine Fire District – This item was removed from the agenda.
      
      
   8. Quality Assurance Program – Interim Manager Broadway explained that for the past few weeks, she has discussed with Chairman Slagle about development of a Quality Assurance Program for the county. In essence, this program would be an audit of all county departments to ensure that they are operating as efficiently and effectively as possible. This audit would examine staffing patterns, to see that they comply with full efficiency in operation, review services to ensure that there is not duplication, comparing budgets to actual expenditures and revenues, and where applicable, assuring that the county is maximizing use of state and federal revenue.
      
      Most of the audits can be handled in-house; however, with some of the larger departments that involve state and federal funding, outside assistance will be required. If the board approves this concept and allows pursuit of such expertise, a proposal would be presented for board approval at that point. The goal of a Quality Assurance Program is to reduce annual expenditures and create efficiency in operation, while delivering the best services possible to the citizens.
      
      Commissioner Masters pointed out that if a department is well run, it would welcome this. He also stressed that as much as possible should be done internally, with help from state and federal agencies when available.
      
      Commissioner Hollifield moved to approve the Quality Assurance Program. The motion was seconded by Commissioner Masters and carried unanimously.
      
      
   9. CDBG Revitalization Strategy Program – Chairman Slagle explained that for the past several months, Interim Manager Broadway has worked with Mr. Jim Byrne on the possibility of the county applying for a CDBG Revitalization Strategy grant through the Department of Community Assistance. The Revitalization Strategy Program offers a comprehensive approach to resolving core problems that exist in economically depressed communities. The program requires that the community identify a targeted neighborhood and conduct a community planning process to discuss issues and solutions that can be taken to build a sustainable community. One possibility that has been discussed relative to this project is a renovation of the old Courthouse and Annex Building, as well as recreational/park type activities on the property behind Helen’s Restaurant.
      
      Mr. Byrne pointed out that the CDBG Revitalization Strategy grant offers up to $350,000 for five consecutive years. Madison County received one of the last ten awards given and they have addressed a county owned facility in Marshall. He explained that it was necessary to have two public hearings to gain citizen input, that 35 percent of the money must be used for housing, and that the county can move forward since there is no obligation and no county funds involved. He pointed out that one possibility would be to use grant funds in renovation of the old Courthouse and Annex, and demolishing and clearing away the jail facility. The grant allows for these types of public improvements to be made and it would benefit both the town and the county.
      
      Chairman Slagle pointed out that Mr. Byrne had been a good friend to Mitchell County since the 1998 flood and knows his way around the grant process. Commissioner Burleson agreed and pointed out that Mr. Byrne was very easy to work with and very competent.
      
      Commissioner Burleson moved that the board proceed with the Revitalization Strategy grant application and hold the necessary public hearings. The motion was seconded by Commissioner Anderson.
      
      Commissioner Masters pointed out that a number of things had been mentioned for possible uses relative to the grant and asked if this would eventually be narrowed down. Mr. Byrne explained that the items mentioned were already known, but that the public would be involved and then the Board of Commissioners would chose the projects it wants to include in the application and then he basically tells the board whether or not they are fundable. He said his application for Madison County competed against 65 other applications and was ranked fourth overall, so he does have a sense of what is fundable.
      
      The motion was passed unanimously.
      
      
   10. Goals – Chairman Slagle explained that at the December 2nd meeting, he asked each board member to define three goals in priority order that they would like to see the board work toward. He reviewed these goals (a copy is attached hereto and becomes a part of the minutes), with number one being Economic Development/Jobs; number two Resolution of the Jail Situation; and number three Revaluation/Tax Rate.
       
       
   11. County Manager Position – Chairman Slagle read letter from Interim County Manager Broadway (a copy is attached hereto and becomes a part of the minutes).
       
       After reading the letter, Chairman Slagle pointed out that he had had the privilege to serve on the board for fourteen years and there has been two people he could always count on - when he asked them to do something he did not have to question the work because he knew it was right – and that was Judy and Kathy. He added that the board has six months to prepare the County Manager’s position for someone else and he certainly did not think the board wanted a new manager to come in without having the opportunity to work with Interim Manager Broadway. He also stated that at least Interim Manager Broadway had agreed to stay through the budget process, so a new manager would not have to deal with that.
       
       Chairman Slagle pointed out that the office has a list of qualifications used previously in advertising for a County Manager and felt the board should make haste in the next six months to get someone hired. Commissioner Burleson agreed, and stated he would like to look at those requirements and when the board has settled on the, advertise the position.
       
       Commissioner Hollifield was also in agreement and stated he would like to thank Interim Manager Broadway for agreeing to stay on until someone is hired. He added that he had not known her that long, but found her in this short period he has been here to be efficient.
       
       Commissioner Masters congratulated her on her decision and stated that the county will miss her. He pointed out that he felt the transition period was extremely important and felt the board needs to move forward with haste to get candidates identified and to hire one in order to give that person time to work with Interim Manager Broadway.
       
       Commissioner Burleson stated that he had set by Interim Manager Broadway for two years now and she had always given the board the information needed and had never tried to necessarily influence him one way or the other and he appreciated this.
       
       Commissioner Anderson stated he would like to have congratulated Interim Manager Broadway in a couple of years instead of now and added that there had been two constants since he had been on the board – that personnel had changed in the other offices – but Kathy Young and Judy Broadway were the two constants and had been of tremendous help. He added that “we’re losing Batman, but we still have Robin”.
       
       Chairman Slagle pointed out that Interim Manager Broadway was not only filling the County Manager’s slot, but the Clerk to the Board and overseeing the Communications department. He added that out of all these, the most important was probably the Clerk to the Board, because minutes are a county’s history and he would put Ms. Broadway’s minutes up against any Clerk to the Board in the State of North Carolina as to their accuracy and they way they are completed. He pointed out that this is a big job and one not to be taken lightly.
       
       By consensus, the board agreed to meet at 3:00 p.m. on Friday, January 20th to review the list of qualifications for the County Manager position.
       
       
5. PUBLIC HEARINGS/MEETINGS - None
   
   
6. REPORTS/PRESENTATIONS
   
   
   1. Wireless Internet Project – Chairman Slagle explained that at the May 20, 2002 meeting, the board approved a letter of support for MAIN’s Wireless Internet project. The Rural Internet Access Authority (RIAA) has approved funding for this project in the amount of $360,000 for Mitchell, Yancey, and Madison counties.
      
      Wally Bowen, Executive Director of MAIN, stated he was also a member of the RIAA that was established by state legislature two years ago and charged with pushing high-speed Internet access into rural North Carolina.
      
      Mr. Bowen, along with Mr. Harper Wilson and Mr. Bob Rodgers, presented MAIN’s Wireless Internet Project (a copy is attached hereto and becomes a part of the minutes).
      
      
   2. Department of Justice Grant – Emergency Management – Eric Wiseman explained that the county has been awarded an $18,402 grant from the Department of Justice State Domestic Preparedness Program Grant that he has been working on for the past year and a half. The grant funds are to be used to improve domestic terrorism preparedness through the purchase of equipment for first responders, as well as providing funding for weapons of mass destruction (WMD) training exercises.
      
      Mr. Wiseman put together a group of representatives from the fire departments, law enforcement, local government, EMS, and the hospital to prioritize how the funding should be spent. The group agreed the highest priority was to outfit emergency personnel to somewhat handle an event involving weapons of mass destruction and the largest deficit in this area was the lack of decontamination units. This equipment can also be used within the county when chemical spills occur.
      
      There are two options on purchasing this equipment – it can be purchased through state contract or the county can purchase it directly on the local level and receive 100 percent reimbursement through the DOJ. The decontamination units can actually be purchased locally for less money than through the state contract, plus the sales tax could be saved, thus allowing for more funds to purchase equipment. The board would need to approve spending of the $18,402 up front and receive reimbursement. Finance Officer Parsley pointed out that there was money in the budget to allow for this expenditure and a budget amendment could be done later when the reimbursement is received.
      
      Commissioner Anderson moved to allow the $18,402 to be spent up front for the decontamination equipment and ask for reimbursement from DOJ. The motion was not seconded; therefore, the equipment will be purchased once the funds are received.
      
      
   3. Mid-Year Financial Report – Mavis Parsley, Finance Officer, presented a mid-year financial report relative to the FY 2002-2003 budget (a copy is attached hereto and becomes a part of the minutes). Finance Officer Parsley pointed out that she had identified some strong possibilities of shortfalls in certain areas, including utilities at the Courthouse, the cost of housing in-mates, gas and tire expense in the Sheriff’s Department, and legal fees. If something should happen to the computer server used in the Administration Building, it could also cause additional expense. She also pointed out that some departments have spent less due to staff not being replaced and cautioned that no department is going to come in much under budget since all budgets were as barebones as possible.
      
      
   4. Regular Meeting Schedule and Other Information – Chairman Slagle reviewed the 2003 meeting schedule and other information (a copy is attached hereto and becomes a part of the minutes). The agenda for regular sessions will be finalized and distributed on Wednesday prior to the Monday meeting. All agenda items must be submitted in writing to the County Manager/Clerk to the Board by 12:00 noon on Monday, one week prior to the regular meeting.
      
      
7. RESOLUTIONS/PROCLAMATIONS/ORDINANCES - None
   
   
8. APPOINTMENTS
   
   
   1. Jail Study Commission/Jail Feasibility Study – Chairman Slagle pointed out that the board’s second priority was resolution on a confinement facility for the county and that he feels a jail feasibility study needs to be done to help the board determine the needs for today, as well as 25 years ahead. He added that in talking with people like David Mitchell, Administrator of Mountain View Prison, he believes there are options available to the county; however, specific options and cost of them are not known and this study would provide those answers.
      
      Interim Manager Broadway explained that since October, she had been working with Bullock & Haddow LLC on a Recovery Plan for the county. Realizing after the jail fire, that a plan needed to be developed that would encompass all of the county’s problems, she contacted Mr. Jim Byrne, who put her in contact with Bullock & Haddow. This firm has had experience in developing recovery plans after the Okalahoma City bombing, the mid-west floods, and other areas. A part of this plan is a Jail Feasibility Study that Bullock & Haddow have proposed to do for $35,000.00. However, since the county does not have the necessary funds for the study, no action has been taken.
      
      Chairman Slagle pointed out that in the fall of 2001, Mitchell and Avery counties were working with four consulting firms that presented proposals and prices for a feasibility study of the 3-mile DOC facility, and that two of those proposals were less than $35,000.00. He added that at some time, the county would have to put some money into such a study, but felt it would be most beneficial at this point to develop a Jail Study Commission. Such a commission would consist of the County Manager; two County Commission members; Ken Fox, Sheriff; David Mitchell, Administrator for Mountain View Prison; Bill Baker, Administrator for Mitchell-Avery Prison; Coy Hollifield, Spruce Pine Police Chief; a representative from the Department of Human and Health Services; a representative from the Department of Labor; and a family member who lost an in-mate in the jail fire. The sole purpose of this commission would be to conduct a study over a six-month period of time and identify the best option available to the county for a confinement facility.
      
      Commissioner Masters asked if there was not some expertise in state or federal government that the county could access. Commissioner Anderson mentioned that the Institute of Government could possibly lend assistance. After some discussion, the board agreed for Commissioner Anderson to work with the IOG and other agencies and report back to the board in February.
      
      Chairman Slagle explained that Representative Phillip Frye had planned to be at the meeting to share his plans, but was unable to attend. Representative Frye has expressed that his first order of business will be to introduce some kind of confinement bill that he will bring back to the board for endorsement once it is prepared.
      
      
   2. Appointments to Juvenile Crime Prevention Council – Danny Braswell, JCPC Chairman, explained that Mark McClellan, the youth under 18 representative, was no longer in this age group and needed to be replaced. Laura Johnson is recommended to fill this vacancy.
      
      Mr. Braswell also explained that the JCPC Committee had not previously had a member from the business community, but was now recommending that Dave Nolan be appointed to represent this group.
      
      Commissioner Burleson moved to appoint Laura Johnson and Dave Nolan to the JCPC Committee. The motion was seconded by Commissioner Masters and carried unanimously.
      
      
9. RELEASES/REFUNDS - None
   
   
10. BOARD COMMENTS – Commissioner Masters presented copies of a letter from Teddy McKinney, Clerk of Court, regarding shelving for his office and copies of a letter from the law firm who has filed a suite against the state for reimbursements withheld from the counties. By consensus, the board asked Interim Manager Broadway to follow up on these matters.
    
    
11. CLOSED SESSION - None
    
    
12. CITIZEN & AUDIENCE COMMENTS - None
    
    
13. ADJOURNMENT – Commissioner Anderson moved to adjourn the meeting. The motion was seconded by Commissioner Burleson and carried unanimously. The meeting adjourned at 9:00 p.m.