MITCHELL COUNTY BOARD OF COMMISSIONERS

 

REGULAR SESSION

 

MINUTES

 

SEPTEMBER 29, 2004

 

 

 

NORTH CAROLINA

 

MITCHELL COUNTY

 

 

The Mitchell County Board of Commissioners met in Special Session on September 29, 2004 at 8:00 a.m. in the Commissioners’ Conference Room, Administration Building, Bakersville, NC.  Those present for the meeting were Bill Slagle, Chairman; Bill Burleson, Vice-Chairman; Harry Anderson, Member; Ken Hollifield, Member; Keith Masters, Member; Ryan Whitson, County Manager and Kathy Young, CMC to the Board.   Also present were Mavis Parsley, Finance Officer; Lloyd Hise, County Attorney; Nathan Hall, Reporter with the Mitchell-News Journal; Eric Wiseman, Emergency Management Coordinator; Phil Byrd, Patti Jenson, Director of Travel & Tourism; Shirley Hise, Director of Mitchell County Chamber of Commerce; Keith Holtsclaw, Chairman, Mitchell County EDC, Andy Ashurst, Editor of Mitchell News-Journal; Claudia Bailey, Ed & Jana Reid, and Jan Godwin.

 

 

1.   CALL TO ORDER – Chairman Slagle called the meeting to order at 8:00 a.m.

 

2.   INVOCATION – Commissioner Burleson gave the invocation.

 

3.   ADDITIONS/CHANGES TO THE AGENDA – Chairman Slagle informed the

Board that the following three items needed to be added to the agenda:  Emergency Proclamation; EDC Request and the date for the October Board Meeting.  Commissioner Burleson moved to add the items to the agenda.  Commissioner Anderson seconded the motion and it carried unanimously.

 

4.   APPROVAL OF MINUTES - None

 

5.   ITEMS FOR DISCUSSION/DECISION

1. Update on Tropical Storm Frances & Hurricane Ivan – Eric Wiseman, Emergency Management Director told the Board that the County received the same type of flooding with Hurricane Ivan as with Tropical Storm Frances. There were 40-50 miles per hour wind at the EOC.  There were significant damages to structures due to high winds, lose of bridges, culverts, tiles and roads.  There are approximately 50 plus driveways, bridges, tiles and culverts with substantial damage in the county.  EM Director Wiseman informed the Board that FEMA usually does not reimburse for driveway damages, however $5,100 has been designated per bridge, tile, culvert or road damages.  J. J. Gouge and Landmark Lumber two of Mitchell County’s businesses suffered major damages.  Progress Energy at one point had 12,500 customers without power on the first night. Resources that Mitchell County received were National Guard, Swift Water Rescue Teams and our local Swift Water Team that is made up of members from Parkway, Bakersville and Fork Mountain Fire Departments.  The Baptist Men’s Association was back in the county.  NC DOT brought in 6 extra crews from the eastern part of the state.  An Incident Management Team came in and worked at the EOC.  All the fire departments were involved in Hurricane Ivan.  EMS put on 2 additional units.  Approximately 50 people were evacuated from their homes due to flooding.  One shelter was opened at the Senior Citizen Center.  There is a lot of debris.  Collection Sites have been designated for debris cleanup.  The sites are at Altapass Convenience Center and at the intersection of Snow Creek and Wing Road.   Soil & Water has been contacted concerning stream cleanup.  This would be the same type of cleanup that the county had in 1998. There are several areas for mitigation in Mitchell County.   FEMA will have a Disaster Recovery Center in Mitchell County in the very near future.

 

Commissioner Burleson stated that staff had done an outstanding job with the storms and complimented all those that had put in all the extra hours.  He stated he had not heard any grumbling from anyone.

    

Phil Byrd asked the Board if Bradshaw Fire Department was bought out through Hazard Mitigation would they look at that property for a recycling center for that area.

 

Commissioner Masters stated that he had been told that if the fire department ceases to function on the property then the property reverts back to the people who donated the property.   He said that consideration needed to be given to the fact that the property was in a flood prone area.

 

2. Penland School of Crafts Grant Request – County Manager Whitson informed the Board that he, CMC Young, County Attorney Hise, Jean McLaughlin, Scott Kline and Scott Bunn had held a conference all with the Rural Center concerning the Grant Application.  During this conversation the Rural Center stated that Penland School of Crafts would not be eligible because the water system was private not public.  

 

3. Overtime Pay for Non-Elected, Non-Competitive Service Department Heads – County Manager Whitson told the Board that according to Mitchell County’s Personal Policy department heads are not paid for overtime, but during the flood of 98 some department heads were paid.  Kathy Young informed the Board that the personal policy had been amended to allow the Board to determine if and when department heads should receive overtime pay.  Finance Officer Parsley stated that the cost for the overtime pay for department heads would be $6,518.  Chairman Slagle asked who the recipients would be.  County Manager Whitson stated it would be for non-elected, non-competitive service department heads.  

 

Commissioner Anderson told the Board he was here during the storms and there were people working who did not have to be there working.  He said that he felt they needed to be compensated for the extra time they put in.

 

Commissioner Masters stated that it would be a disincentive not to pay them.  It would be like taking our people who are doing a good job and kicking them for doing a good job.  Commissioner Masters said that if the County has employees who are performing above and beyond that it should be recognized.

 

Commissioner Burleson agreed with Commissioner Masters that it would be a disincentive not to pay the overtime.

 

Commissioner Hollifield commended the employees for the job they did and felt they should pay the overtime.

 

Commissioner Hollifield moved to pay the overtime as recommended by County Manager Whitson.  Commissioner Burleson seconded the motion and it carried unanimously.

 

Commissioner Masters stated that the Board needed to recognize the fire departments for their help.  County Manager Whitson is to prepare a resolution in recognition of the fire departments.

 

4. Request for Proposal on Emergency Medical Services – County Manager Whitson stated he originally was going to ask the Board for permission to prepare a request for proposal for Emergency Medical Services but instead he was going to present the latest proposal from Memorial Mission.  Mission holds the current contract.  The contract has been for the last four years.  The county contributions are as follows:

  

1. 2004-2005         $375,000

2. 2003-2004        $400,000

3. 2002-2003        $460,000

4. 2001-2002        $475,000

 

The total county contribution for that four-year period of time was $1,710,000.  The yearly county contributions from Mission’s current proposal would be as follows:

 

1. 2005-2006        $457,465

2. 2006-2007        $479,523

3. 2007-2008        $500,346

4. 2008-2009        $521,957

 

The proposed total county contribution would be $1,959,291.  The proposed total county contribution increase would be $249,291.  This would be a 14.58% increase over the last 4-year contract or an annual average increase of 3.645%.  County Manager Whitson stated he had spent a significant amount of time with Mission concerning this negotiation.

 

Chairman Slagle asked if the proposal would be maintaining the same level of service that the County currently has.  County Manager Whitson stated that it would be at the same level of service.  The only changes made to the contract were some minor wording changes.  Commissioner Masters asked if the level of service was 2 paramedics per truck.  County Manager Whitson stated that it did.  

 

Chairman Slagle asked County Manager Whitson if this was his recommendation to the Board to enter into this agreement.  County Manager Whitson stated that it was probably the best agreement that Mitchell County could come up with.  He said that Mitchell County had been satisfied with the level of service that Mission had provided to the County.  Chairman Slagle asked if Mission’s rates stayed the same in this agreement.  

 

Keith Holtsclaw told the Board that the way Mission approached this contract was they took the projected revenue stream of what they will get paid, the current expenses based on the requirements the County has stipulated in the contract minus equipment.  They do not charge the County for the depreciation of equipment or the PTO for employees.  They take the revenue stream and the cost structure and they subtract the cost from the revenue to determine the amount the County contributes.  Mission also stipulates in the contract that in the event that if they more than break even those funds will be returned to Mitchell County.  If Mission falls short of their projections they will absorb the difference.  Over the last 2 years Mission has allocated $110,000 to the Mitchell County contract.  

 

County Manager Whitson informed the Board that the contract had been lowered $28,000 from the original request.  

 

Commissioner Burleson asked if Mission was projecting an increase in the number of runs.  County Manager Whitson stated that for the last four years they had held about the same.  Commissioner Burleson asked if the increase was comparable to the increase to health care costs.  Keith Holtsclaw stated that you really could not use that as a comparison.  He said that were some other things being looked at such as moving the EMS under a critical care hospital in Burnsville, which would allow for cost based reimbursements, which would allow an increase in revenue.  The billing would be done out of Burnsville but would still be Mitchell County service.

 

Commissioner Masters asked if this was a break-even or zero profit contract.  Keith Holtsclaw stated that it was.  Commissioner Masters said that if someone came to the Board and stated that they could operate this service cheaper it would be impossible based on the information provided.  Keith Holtsclaw stated that he did not know how that could occur because Mission proposal was a break-even project.  Commissioner Masters said that for the benefit of the County might be not to enter into this agreement right off the bat but wait until the scenario concerning the critical care facility is worked out.   Keith Holtsclaw explained that it would not make any difference if the Board signed the contract today of if they waited because the contract already covered that scenario.  

 

Commissioner Hollifield stated that he did not like it period.  This is a moneymaking thing and the thing that bothers him is paying that amount of money from the taxpayers.  On the other hand when they come and pick someone up they are charged again.  It is a money-making thing.  He said he would like to see the money stay right in the county.  He wished that the county had their own EMS.  He stated that the county was being dictated to by Memorial Mission Hospital.  Every year they are asking for an increase and placing the burden on the taxpayers.  He stated that people get poorer and poorer and no work to do.  He asked if this was the best route for the County to go.  Commissioner Hollifield stated that he was not sure it was.  He asked where the County was going to get the money for the yearly increase.  Commissioner Hollifield stated that they were double charging the taxpayers and that did not set well with him right off the bat.  He said that this might be the only way that the County to go right now, but he would like for the Board to stay opened minded about things they could do in the future.

 

County Manager Whitson told the Board that he had contacted Mission with the proposal of extending the current contract for one year and they were not interested in that proposal.  Commissioner Hollifield stated that the fire departments had ambulances maybe they could handle the EMS.  Commissioner Burleson asked if Commissioner Hollifield was suggesting that the County pay the fire departments.  Commissioner Hollifield said that was a possibility.  

 

Commissioner Anderson asked how many employees Mission currently had.  County Manager Whitson said approximately 18.  Commissioner Anderson stated that with 18 employees and paying them $30,000 that would be $540,000 just in salaries alone.  Commissioner Anderson said that he would not care to postpone taking action on the contract or he would not care to take the heat of doing something now or next month on this contract.  He asked if the County still split the director with Yancey County.  County Manager Whitson told the Board that Mitchell has its own director, as does Yancey County.  Mitchell having its own director was done at the County request during the last contract.  Commissioner Anderson asked if it was feasible for Mitchell and Yancey to share a director.  County Manager Whitson stated that he had discussed this with Mission and they want to keep it as it is.  Further discussion was held concerning the possibility of sharing a director with Yancey County.  

 

Eric Wiseman, EM Director stated that he was very involved in the contract 4 years ago.  The reason that Mitchell County requested their own director was because the County did not feel they were getting the full benefit of supervision with a part-time director.  County Manager Whitson told the Board that Yancey County’s contract was not on the same schedule as Mitchell County.  Commissioner Masters requested that County Manager Whitson discuss this possibility with Mission again.

 

County Manager Whitson agreed with Commissioner Hollifield that he would like for Mitchell County to operate its own EMS, however the initial start up costs would be hard for this County to absorb.  He stated he had talked with other providers.  One of the providers will beat Mission’s price but he was not sure of the quality of service.  He asked what the Board wanted him to do.

 

Chairman Slagle stated that he was a commissioner when the county operated the ambulance service and believe him the county is far better off contracting out the service.  He said that he be felt the Board should approve the contract to retain the same quality service.  Chairman Slagle told the Board that his father was a recipient of the service in the past 3 weeks and he was alive because of them.  Because of his experience when you need the service you want the best available.   This is an expensive service and he did not want to tie the next Boards hands, but this an opportunity to provide the best service available to the citizens of Mitchell County.  Chairman Slagle stated he would vote to approve the contract tonight if that is what the Board wants to do.

 

Commissioner Hollifield stated he could say the same thing when his mother was sick concerning Parkway Fire Department.  He said that this contract may be what the County needed to do, but he would like to sit down with the fire departments and get their ideas on this issue.

 

By consensus the Board agreed to table this issue until the next meeting and to have Eric Wiseman meet with the fire departments to discuss this issue with them.

 

5. EDC Request – Keith Holtsclaw, EDC Chairman informed the Board that it appeared that it would be late in 2005 for the repair of the parkway to be complete.  He stated this would cause a lot of lost revenue for Mitchell County.  Businesses are currently making plans to layoff employees due to the Parkway being closed.  EDC & the Chamber have attended meetings with Senator Doles Office, Patrick McHenry, Senator Ballenger’s Office and Dan Brown with the Parkway to request assistance with the Blue Ridge Parkway.  The Parkway has a huge impact on Mitchell County.  This is reason for the request for funding for advertising there are alternate routes in and out of Mitchell County quickly for the fall season for tourism.  Secretary Fain brought in staff for a meeting last week to discuss this issue.        

 

Patti Jenson, Director of Tourism told the Board that as the results of Hurricanes Frances and Ivan, small business in Mitchell County had been hit hard, resulting in property damages and loss of business.  The hardest hit were the tourism-associated businesses that were cut off from the Blue Ridge Parkway traffic.  Small businesses in Little Switzerland, Spruce Pine and Bakersville have begun to see decreasing sales and have made plans to begin employment layoffs.

 

Immediately following the floods, the Chamber and EDC along with Mitchell County government began emergency responses on behalf of the small businesses.  Meetings have been held with representatives from Senator Dole’s office, Cass Ballenger’s office and Patrick McHenry to request special funding for Mitchell County as well as assistance for the Blue Ridge Parkway repair.  Staff has meet with the Blue Ridge Parkway staff to assess the damage and to begin a plan for the dissemination of information concerning the closed areas of the Parkway and alternate routes.  Also they have met with Governor Easley to discuss emergency funding for Mitchell County and the immediate need for funds to advertise Mitchell County for the Fall Season.  Staff has met with Representative Phillip Frye to discuss making the necessary contacts with the Department of Commerce, NC Division of Tourism and other North Carolina agencies to request assistance.   Also they have held meetings with several local business owners to discuss their losses and discuss plans to address their recovery.  Staff has inventoried local business owner’s requests for assistance with local, state and federal officials.  Secretary of Commerce Jim Fain and staff were invited to visit Mitchell County to discuss the damage to the county and impending catastrophic effects to tourism related small businesses and those businesses that rely on tourism traffic (i.e. gas stations, restaurants, etc.).  Staff has requested emergency funding from the Department of Commerce for immediate advertising/marketing campaign for Mitchell County.  Contacts have been made to state and national tourism agencies to inform them that roads to the area are clear and that travel to the area was possible.  Staff has worked with North Carolina tourism office, National AAA office, the Department of Transportation, Regional Hosts Groups etc. to make sure accurate information was being disseminated.

 

Ms. Jenson stated that it was critical that Mitchell County respond immediately on behalf of the tourism related businesses as well as those small businesses that rely on their customers.  She said that time was of the essence.  The Chamber/EDC will be printing a map of the area in a rack card format to show open roads and alternate routes to be widely distributed.   She explained that it was critical that immediate marketing/advertising begin this week in the key markets for Mitchell County due to the fact that if the Fall Season were bad for Mitchell County businesses, this would result in employment layoffs and a significant fall in sales tax revenue.

 

Ms. Jenson reviewed the following steps of a plan to address these issues.  

 

1. Map:  A rack card style map is in the process of being designed for the area for wide distribution.

2. Print Advertising:  Print ads for the major markets of Raleigh, Charlotte, Winston-Salem and Spartanburg/Columbia SC are needed immediately to put Mitchell County at the front of traveler’s minds for the Fall Season.

3. Radio/TV:  A radio presence is needed to drive home the message that Mitchell County businesses are open and that roads are clear.

 

Ms. Jenson stated that the Chamber/EDC were requesting financial assistance from the Mitchell County Board of Commissioners in the amount of $18,800 from the Capital Management Trust Fund.  The Chamber and EDC will be contributing $5,000 each towards this emergency project.  Yancey County has agreed to commit $2,500 towards the printing of the map.  These funds will be used solely for the purpose of marketing/advertising Mitchell County in the Southeast market.  In the event funds should become available from the Department of Commerce, Federal funding or other sources, the EDC will reimburse the County for the requested dollars invested in the Emergency Marketing Plan.

 

Finance Officer Parsley informed the Board that in the Fiscal Year 1999-2000 budget $25,000 had been earmarked for Economic Development in the County.   These funds were placed in an investment account with NC Capital Management.  In the FY 2000-2001, $17,300 was spent for 2 water taps and 2 sewer taps from the Town of Spruce Pine.  Grassy Creek Construction purchased 1 set of these taps for $8,650.  Mitchell County currently owns 1 set of taps. Finance Officer Parsley stated that monies that are placed in a capital reserve account require Board action to spend those funds.

 

Commissioner Hollifield said that his concern was that he did not want to see anyone else laid off from their job and if the money is available and it will help get the county back on its feet he did not have a problem with using this money for the Chamber and EDC to keep things going.

 

Commissioner Anderson stated that if the County did not take preemptive steps not only business would loose revenue but also the county would lose sales tax revenue.

 

Commissioner Burleson said that was the reason the money was set aside so that it could be used for economic development.  

 

Commissioner Masters stated that he did not see any alternative but to use these funds.  He asked that if other funds were to become available to do this project that those funds come back and be put back in the capital reserve account for economic development.  He also requested that if there was a method to evaluate the effectiveness of the project and report their findings back to the Board.  

 

Commissioner Burleson moved to approve the request and allow the money to be transferred for this purpose and if other sources of money become available it is returned back to the capital reserve and an evaluation method be done if at all possible. Commissioner Masters seconded the motion and it carried unanimously.

    

6.   PUBLIC HEARINGS/MEETINGS - None

 

1. October Meeting Date – Chairman Slagle informed the Board that County

Manager Whitson would be gone until October 18 th and asked the Board to change the meeting date for October until the 18 th .  By consensus the Board agreed to change their meeting to October 18 th at 5:00 p.m.

 

7.   REPORTS/PRESENTATIONS - None

 

8.   RESOLUTIONS/PROCLAMATIONS/ORDINANCES

1. Designated Agent Resolution – Chairman Slagle told the Board that the purpose of this resolution was to enable staff to represent Mitchell County with FEMA.  

 

Commissioner Hollifield moved to adopt the Designation of Applicant’s Agent Resolution appointing Kathy Young as Primary Agent and Eric Wiseman as the Secondary Agent (a copy is hereby attached and becomes a part of the minutes).  Commissioner Burleson seconded the motion and it carried unanimously.

 

2. DSS/State Personnel Resolution – County Manager Whitson explained that the Office of State Personnel had a lot of control over the Department of Social Services classification.  The way it is currently set up the director of the DSS can make a request to state personnel to change classifications for his employees.  This request does not have to come through the County Manager.  It can change grades therefore changing salaries and the County has no control over that.  County Manager Whitson told the Board he had talked with state personnel about this and they had told him the Board of Commissioners could adopt a resolution stating that someone in local government has to sign off any change.  This is a common procedure with other counties.  

 

Lloyd Hise, County Attorney informed the Board that he had prepared a resolution concerning this issue.  He told the purpose of the resolution was to ask that state personnel not to reclassify positions in the Department of Social Services until the County Manager or his designee has the opportunity to review the request and to determine if it is appropriate.  State Personnel periodically reclassifies on their own and there is nothing the county can do about that.  

 

Commissioner Burleson asked if DSS was the only department that this resolution would affect.  County Attorney Hise said it was.  

 

Commissioner Masters stated this was just a part of good financial planning and good management.  This enables the County to keep a handle on where it was going financially.  

 

Commissioner Burleson asked if County Manager Whitson was trying to head off a situation.  County Manager Whitson said that he was.  Commissioner Burleson stated he was still having a little reservation concerning this because the Board was directing this at something that is already in the works.  He said that he never liked to do something that is directed at an individual.  Commissioner Burleson stated to make policy directed at an individual was not a good idea.  Commissioner Masters stated that he did not feel that it was directed at an individual.  County Manager Whitson explained that it was directed at a department.  Commissioner Masters stated that when a department can give salary increases on their own it could be a budget wrecker.  Commissioner Burleson agreed but he stated he would rather make policies based the whole department not an individual.  County Manager Whitson stated that it was his understanding that this had been discussed prior to his becoming County Manager.  County Attorney Hise told the Board that he and former County Manager Hembree had discussed this back in January.  Commissioner Burleson stated that made him feel better about the issue.

 

Commissioner Hollifield moved to adopt the resolution with the amended date of September 29, 2004 (a copy is hereby attached and becomes a part of the minutes).  Commissioner Anderson seconded the motion and it carried unanimously.

 

3. Emergency Proclamation – Commissioner Anderson moved to adopt the Emergency Proclamation (a copy is hereby attached and becomes a part of the minutes).  Commissioner Hollifield seconded the motion and it carried unanimously.

 

9.   APPOINTMENTS - None

 

10.   RELEASES/REFUNDS None

 

11.   COUNTY MANAGER’S REPORT - None

 

12.   BOARD COMMENTS - None

 

13.   CLOSED SESSION

1. County Manager Evaluation – Commissioner Burleson moved to go into closed session for the County Manager evaluation in accordance with NC GS 143-3181.11(6), which reads, to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment or an individual public officer or employee or prospective public officer or employee.  Commissioner Anderson seconded the motion and it carried unanimously.

 

Commissioner Anderson moved to go out of Closed Session.  Commissioner Hollifield seconded the motion and it carried unanimously.

 

Closed Session was held from 9:40 a.m. until 10:05 a.m.

 

Commissioner Hollifield moved to increase County Manager Whitson’s salary to $47,000.  Commissioner Burleson seconded the motion and it carried unanimously.

 

14.   CITIZEN & AUDIENCE COMMENTS - None

 

15.   ADJOURNMENT – Commissioner Hollifield moved to adjourn the meeting.  

       Commissioner Burleson seconded the motion and it carried unanimously.

 

       The meeting adjourned at 10:07 a.m.

 

 

MITCHELL COUNTY BOARD OF COMMISSIONERS

 

 

 

 

__________________________________

Keith Masters, Chairman

 

 

__________________________________

Ken Hollifield, Vice-Chairman

 

 

__________________________________

Phil Byrd, Member

 

 

__________________________________

Mike Hensley, Member

 

 

__________________________________

Jim Saylor, Member

 

 

 

ATTEST:

 

 

________________________________

Kathy Young, Clerk to the Board