THE ANSON COUNTY BOARD OF COMMISSIONERS convened for their regular monthly meeting on Tuesday, December 2, 2008 beginning at 6:00 P.M. in Courtroom #1 located in the Anson County Courthouse.
Commissioners present:Anna H. Baucom
Bobby Sikes
Dr. Jim Sims
- Harold C. Smith
Claude Spencer
- Ross Streater
Jarvis Woodburn
Staff members present:Vance Gulledge, Interim County Manager
Bonnie M. Huntley, CMC, Clerk to the Board
Rita James, DP/Interim Finance Officer
Jennifer Baptiste, Planning
Ryan Teal, EMS
Marvin Deese, Inspection
Larry Newton, Assessor
Janine Rywak, Cooperative Extension
Scott Rowell, ACTS
Interim Manager Gulledge called the meeting to Order, welcoming those present. Reverend Joanne Bennett, Ebenezer Baptist Church, Wadesboro delivered the Invocation.
Election of Chair and Vice Chair: Interim Manager Gulledge announced this was the organizational meeting and as customary called for nominations for the position of chairman. Motion by Commissioner Sikes, seconded by Commissioner Woodburn, to leave the Chair and Vice Chair the same. Motion carried unanimously.
Interim Manager Gulledge handed the gavel to Chairman Baucom.
Approval of the Agenda by Commissioners: Interim Manager Gulledge asked to add a Technical Amendment to the Flood Damage Prevention Ordinance under Administrative Matters. Interim Manager Gulledge asked for a closed session early in the meeting for Attorney-client privilege. Vice Chair Streater announced he needed to leave at 7 PM. Chairman Baucom suggested holding one closed session right after public addresses. Senior Resident Superior Court Judge Michael Beale asked to speak to the board and was added as item 3c under Appearances. Commissioner Smith commented that we were in a recession. Motion by Commissioner Woodburn, seconded by Vice Chair Streater, to approve the Agenda with the additions. Motion carried unanimously.
Appearances:
Freddie Paxtonreminded Board members that this time last year the Board of Elections suffered a major blow with the resignation of a couple of Board members and the retirement of the long term director. Mr. Paxton shared that a new board came on in January and a new director was hired in March 2008 with an assistant director hired in April 2008. Mr. Paxton stated that in less than 30 days they had a primary election with high turnout. Mr. Paxton stated that they also had one of the largest general elections this county has seen with over 10,000 registered voters casting their vote. Mr. Paxton voiced appreciation to Board members as well as Interim Manager Gulledge and Clerk Bonnie Huntley for all their assistance. Mr. Paxton stated that as of November 14th the Anson County Board of Elections changed their tallies from unofficial to official and sent them to the State Board of Elections. Mr. Paxton reported no problems with the tally. Chairman Baucom asked the turnout rate with Mr. Paxton answering is was 60+%. Ms. Coleman, Director, voiced appreciation to all that helped with early voting. Chairman Baucom thanked Ms. Coleman for all she does for Anson County and offered congratulations. Commissioner Spencer stated that both Ms. Coleman and Mr. Paxton were doing a good job.
Ryan Teal, EMS: Mr. Teal stated that he has been the training officer for EMS since June and one of his job functions is performance improvement and quality assurance on calls run every day and annually. Mr. Teal stated that over the past six months he has tallied specifically transfers originating from the hospital to various facilities in the county or other hospitals as well as back to residents. Mr. Teal found that roughly 16-17% of the patients being transported are having their claim denied by Medicare/Medicaid. Mr. Teal stated that over the past six months they have had a total of 430 transports and 359 were denied by Medicare and Medicaid. Mr. Teal explained that citizens in the county are incurring this cost. Mr. Teal shared that in talking with local facilities he found that in a number of cases there were other means by which the patient could have been transported. Mr. Teal stated that Medicare/Medicaid has gotten strict on what constitutes ambulance medical necessity. Mr. Teal asked the Board to support a contract that holds the facilities accountable for the ambulance bill so our citizens do not incur any unnecessary cost. Mr. Teal shared that the average ambulance bill was between $200 and $400 plus mileage. Commissioner Smith voiced that he had the occasion to use the services of EMS recently. Commissioner Smith stated he had planned to drive his own vehicle but the hospital called EMS and he was billed almost $900 for the trip. Chairman Baucom askedhow other agencies handle this with Mr. Teal answering that the ambulance provider has a contractual agreement with the various facilities where they agree to incur the cost as long as the patient is taken care of. Mr. Teal stated that their billing agency has provided him a sample contract that if approved he will present to the facilities. Mr. Teal referred to Commissioner Smith’s situation stating a lot of patients are falling victim to the fact that they are not made aware that specific insurance and Medicare/Medicaid will not pay for many of these bills. Vice Chair Streater asked why an ambulance is called when the patient wants to drive themselves. Commissioner Sikes pointed out that this was the fault of the hospital and not EMS. Mr. Teal feels patients are not being informed and he has arranged some educational opportunities with the facilities to explain what meets ambulance necessity. Chairman Baucom asked Mr. Teal if he had had preliminary discussions with the hospital with Mr. Teal answering yes. Chairman Baucom stated that Mr. Teal was asking for a vote of support in order for him to explore this and come back to the Board with an arrangement. Motion by Commissioner Sikes, seconded by Vice Chair Streater, to give Mr. Teal the authority to work with the nursing homes and the hospital to get this program started and work with the County Manager and the County Attorney in preparing the necessary paper work. Commissioner Spencer voiced agreement with Commissioner Smith that we need to look into the entire operation. Mr. Teal stated that he would try to give the board a monthly report adding that he was having difficulty speaking with the CFO of the hospital. Motion carried 6 to 1 with Commissioner Smith opposed.
Public Appearances:
James Gatewood, residing off Fire Tower Road in Lilesville, spoke on behalf of his neighbors asking the Board’s help in repairing their dirt road. Mr. Gatewood stated that he has been trying to keep the road up and has had people put gravel down but the rain washes that away. Mr. Gatewood explained that he was told by DOT that with a petition signed by all those living on the road they would repair the road. Commissioner Woodburn stated that if he had a road name he could get with RPO to see how we could add this road to the list. Vice Chair Streater asked Mr. Gatewood if he had heard from the petition sent to DOT with Mr. Gatewood answering that they were told to bring the petition to the Board of Commissioners and his daughter attended the last meeting but had to leave before speaking. Vice Chair Streater asked Mr. Gatewood to get the petition to the Clerk and he would take it to Monroe. Commissioner Sims feels the Board should get the petition to the right person and write a letter of support in order to have DOT take over this road. Commissioner Sikes added if there were three residents on the road it should have a name. Commissioner Woodburn offered to follow up with this and Mr. Gatewood will check with his daughter to see if she has the petition.
Honorable Michael E. Beale – Senior Resident Superior Court Judge: Judge Beale asked the Clerk to obtain copies of the MBAJ Courthouse and Space Facilities Assessment for Board members. Interim Manager Gulledge stated that he along with County Attorney Bower compiled a letter based on the discussion at the last meeting giving Judge Beale a complete track of what we have done and what we intend to do on building. Interim Manager Gulledge stated that the letter before Board members tonight was his response. Judge Beale thanked the Board for the opportunity to speak with them. Judge Beale stated that he met with Interim Manager Gulledge yesterday and toured the courthouse and observed the improvements to the DA’s office. Judge Beale feels our country is headed the wrong way and that government is out of control spending our way into oblivion. Judge Beale also believes human government is ordained by God and the first and foremost goal of any government is to protect people and their property. Judge Beale stated that he was here tonight to try and get the assurance before he leaves office that the citizens of Anson County will have a facility that will meet the needs they have. Judge Beale stated the first correspondence he could find in his file was from February 19, 1998 where he entered an Administrative Order to the county to look into the possibility of adding additional space for the Clerk of Court. Judge Beale stated that to his knowledge they have not gotten a single foot of space since 1998. Judge Beale then referred to various other correspondences relative to space. Judge Beale feels by not providing security for this building on a daily basis the Board was putting people and the court system at risk. Judge Beale pointed out that every county around us has had a tragedy in the court system. Judge Beale referred to a section of a letter to Commissioner Woodburn in December 2005 wherein he stated that he felt attempts to renovate this 100 year old building would be a mistake. Judge Beale reported that in 1987/88/89 there were approximately 200 felony cases filed in Superior Court of Anson County and approximately 350 misdemeanors. Judge Beale reported that in 2006/07/08 it was 530, 653 and 678 respectively. Judge Beale stated that upon renovation of the courthouse the Victims Right Act requires a waiting area for the victims secure from the public and particularly the defendants they have charged. Judge Beale pointed to the five things listed in his most recent letter noting he discussed the last two with Interim Manager Gulledge yesterday. Judge Beale feels the last two items, inadequate Attorney-inmate conference area and inadequate restroom facility for court personnel, could be accommodated fairly easy with a design change. Judge Beale asked the Board to please consider the proposed plan with the addition feeling it would be tough without it. Chairman Baucom asked if we could use a smaller courtroom with Judge Beale answering not really. Judge Beale felt civil court could use a smaller courtroom and one could be used for trials but when criminal court convenes this courtroom is packed. Judge Beale felt if we had 2 additional courtrooms they could have smaller calendars and more sessions of court to address the backlog. Judge Beale explained that now Superior Court is held once every 6-8 weeks and they have 2 Judges rotate through a three county district. Judge Beale explained that Civil Court has approximately 4-5 sessions a year, maybe 6. Chairman Baucom asked if Superior Court was held in Anson County every 6 weeks with Judge Beale answering that Criminal Court was held approximately once every 6 weeks. Judge Beale stated there would be a session of criminal court here probably once a month when you add in civil. Interim Manager Gulledge stated that we were faced with building a facility the same as if we were building a sports arena and we will spend millions of dollars to use it 12 times a year. Judge Beale agreed that the courtroom stands empty a lot but likened it to a Church that sits empty six days a week. Judge Beale asked the Board to assure him by vote that they would pass a plan that would address the needs listed. Commissioner Smith voiced that we could look at this after completing the other building to see what we could do. Chairman Baucom felt the entire Board understands they are going to have to address the courthouse and they are going to have to find the money some way. Judge Beale stated he was here tonight to ask the Board to commit to him they are going to do this rather than have him site them to court. Vice Chair Streater stated that if we keep adding on here, eventually the jail is going to need more space and felt someone would have to move out of town. Chairman Baucom recommended a closed session at this point. Motion by Commissioner Sikes, seconded by Commissioner Spencer, to go into closed session pursuant to North Carolina General Statutes 143-318.11(a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. The public body may consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, mediation, arbitration or administrative procedure. Motion carried unanimously
Motion by Commissioner Smith, seconded by Vice Chair Streater, to come out of closed session. Motion carried unanimously
In regular session, motion by Commissioner Woodburn, seconded by Commissioner Spencer, to approve the following Resolution to address the court facilities.
RESOLUTION
WHEREAS, by memo to the Board of Commissioners dated November 5, 2008 the Honorable Michael E. Beale, Senior Resident Superior Court Judge of Judicial District 20 A expressed his concern for the condition of the judicial facilities in Anson County, North Carolina; and
WHEREAS, Judge Beale requested a written report be delivered to him on or before 12:00 o’clock noon on December 1, 2008 from the Board of Commissioners to provide the steps the Board of Commissioners have taken to renovate the present court house or construct a new judicial facility; and
WHEREAS, Vance Gulledge, Interim County Manager, on behalf of the Board of Commissioners responded to Judge Beale’s memo by letter dated December 1, 2008 which set forth this Board’s plan to address the facility needs; and
WHEREAS, in reference to the memo in reference to “Inadequate Courthouse Facilities” dated December 2, 2008, Judge Beale acknowledged receipt of Vance Gulledge’s letter and suggested certain inadequacies in the proposed county plan as set forth below:
1.Unreasonable handicap accessibility;
2. Inadequate security;
3. Inadequate Jury Assembly;
4. Inadequate attorney/inmate conference area;
5. Inadequate restroom facilities for court personnel.
WHEREAS, the Board of Commissioners of Anson County is committed to addressing the court facility needs for Anson County and action is under way to complete the plan to address the capital needs; and
WHEREAS, in the process of pursuing the plan of work as outlined in the December 1, 2008 letter referred to above, final drawings and plans must be developed; and
WHEREAS, in the development of the final drawings and plans this Board will consult with various stakeholders and the architect and consider the suggested inadequacies of the plan as omitted by Judge Beale in his December 2, 2008 memo.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the December 1, 2008 letter from Vance Gulledge, Interim County Manager to the Honorable Michael E. Beale sets forth the plan of the Board of Commissioners to address the courthouse facility needs of Anson County, North Carolina.
2. In the development of the final drawings and plans the courthouse renovations this Board will consult with various stakeholders and its architect and the Board will consider the suggested inadequacies of its plan as outlined by the Honorable Michael E. Beale, Senior Resident Superior Court Judge in his memo to the Board dated December 2, 2008.
Adopted this 2nd day of December, 2008.
Judge Beale thanked Board members for taking a stand. Chairman Baucom commented that this has not been a tough decision but finding the money would be the tough part. Judge Beale stated that he looks forward to returning to Anson County to serve as an emergency judge. Judge Beale stated that Judge Tanya Wallace would be here to help and called on Judge Wallace to speak. Judge Wallace thanked the Board for the action taken tonight and asked when she could check back on the progress. Chairman Baucom stated that we hope to have non court functions out of the building by February or March and feels nothing much would happen until we get that building complete and on line. Commissioner Smith voiced that we have to figure out a way to seal off the front and secure this one area. Mark Hammond, Clerk of Court, voiced appreciation to the board for the action taken tonight. Mr. Hammond commented that the security issue not only affects him and his staff but Commissioner Smith’s daughter and her clients. Mr. Hammond stated that security was not just for the people here every day but for our neighbors around the county.