MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
FRIDAY, OCTOBER 7, 2011
The Watauga County Board of Commissioners held a special meeting on Friday, October 7, 2011, at 5:00 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.
PRESENT: Nathan A. Miller, Chairman
David Blust, Vice-Chairman
Jim Deal, Commissioner
Tim Futrelle, Commissioner
Stacy C. Eggers, IV, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
[Clerk’s Note: Commissioner Gable was not present due to a previous obligation.]
Chairman Miller called the meeting to order at 5:06 P.M.
Approval of Agenda
Chairman Miller called for additions and/or corrections to the special meeting agenda.
County Attorney Eggers requested to add a closed session for Attorney/Client Matters, per G.S. 143-318.11(a)(3).
Commissioner Deal, seconded by Vice-Chairman Blust, moved to approve the October 7, 2011, agenda as amended.
VOTE: Aye-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-1(Gable)
Consideration of Proposed Amendments to the “Amendment to the Interlocal Agreement for the Provision of Behavioral Healthcare Services in Alleghany, Ashe, Avery, Watauga, and Wilkes Counties”
Chairman Miller presented the following proposed amendments (additions in red; deletions in strikeout) to the “Amendment to the Interlocal Agreement for the Provision of Behavioral Healthcare Services in Alleghany, Ashe, Avery, Watauga, and Wilkes, Counties” which was adopted at the October 4, 2011, regular meeting:
“This AMENDMENT to the INTERLOCAL AGREEMENT FOR THE PROVISION OF BEHAVIORAL HEALTHCARE SERVICES IN ALLEGHANY, ASHE, AVERY, WATAUGA, AND WILKES COUNTIES, dated November 1, 2006, (“Agreement”) is made and entered into effective the 4th day of October, 2011, as of the date set forth hereinbelow, by and between the counties of ALLEGHANY, ASHE, AVERY, WATAUGA, AND WILKES (“Counties”), each a body politic of the STATE OF NORTH CAROLINA.” . . .
ARTICLE III
TRANSITION PRESERVATION OF ASSETS
Section 1. Preservation of Assets by NRSA Board. The NRSA Board is hereby authorized to take whatever steps are deemed necessary and proper to immediately preserve all right, title and interest to the assets of NRSA.
Section 2. The Goal of Transition. During the dissolution of NRSA, upon the termination of the Agreement, the goal for an orderly transition is to insure the provision of behavioral healthcare services wherever they are being provided by NRSA, so that the continuity of services is maintained and the interests of the consumers of such services are protected.
Section 3. Additional Authority of NRSA. NRSA is authorized and charged to work with SMC, Crossroads, DHHS, DMA the Department of MH, DD, SAS and any other official agency, department or division of the State of North Carolina or the United States, including but not limited to the Attorney General, the District Attorney, the Federal Bureau of Investigation and the State Bureau of Investigation.
ARTICLE IV
GOVERNING BOARD AND CEO
Section 1. New River Service Authority Board. The current NRSA Board is dissolved. The newly constituted governing board of NRSA shall consist of five members: a County Commissioner from each of the Counties. The County Managers of the five Counties shall serve as non-voting ex-officio members. The members of the Board shall serve until a new service provider is selected by the Board in collaboration with SMC. The County Commissioners of the NRSA Board shall be designated at the time the County adopts this Amendment.
Section 2. First Meetings. The first emergency meeting of Board shall be an emergency meeting and may be called by any member of the Board. Any one or more of the five County Managers of the five Counties shall be authorized to coordinate said emergency meeting. on Wednesday, the 5th day of October 2011. Subsequent meetings may be called by any member of the Board upon 48 hours notice in writing delivered by e-mail to each of the members. The first meeting of the NRSA Board will be at the Watauga County Administration Building in Boone NC at 12:00 pm.
Section 3. CEO. The Counties acknowledge that due to the emergency nature of the situation requiring this Amendment it is permissible for the Board to select an outside management consultant as a contractor to serve as the CEO of the NRSA. The CEO will be in charge of the day-to-day business operations of the NRSA.
Section 4. Authority of the Board of NRSA as Counties’ Agent. The Counties confer upon the NRSA Board the status of agent to act on their behalf to obtain the goal of an orderly transition to a new service provider. He is charged with the duty of regular communication, no less than weekly, with the Board so that the Counties are apprised of the progress of the transition. Any CEO Contracted to or employed by NRSA shall have all the rights, privileges and duties as set forth in the Agreement.
ARTICLE V
TERMINATION OF NRSA and INTERLOCAL AGREEMENT
Section 1. Selection. Pursuant to N.C.G.S. 122C the LME shall select the service provider(s) to serve the needs of the citizens of the Counties. The LMEs will notify the Board immediately upon the selection of the new provider(s).
Section 12. Dissolution. Specified timelines for dissolution and termination are revoked. The targeted date of dissolution is 15 November 2011 but is based on the successful transition of NRSA services to a new service provider(s) or agency(ies). Upon the appointment of a new service provider, NRSA shall automatically be dissolved, and without the need for further action by the Board or the Counties, it shall cease to exist.
Section 23. Termination. Upon the dissolution of NRSA, the Agreement shall also be terminated in like manner, along with this, its Amendment.
ARTICLE VI
GENERAL PROVISIONS
Section 1. Effect of Amendment. This Amendment shall supersede the respective amendments to the Agreement previously adopted by the Boards of Commissioners of the Counties, and said previous amendments shall be of no force or effect.
Section 2. Effective Date. This Amendment, in order to become effective, shall require the approval of the Boards of Commissioners of all of the Counties and shall become effective as of the date on which all of said approvals are complete.
Commissioner Deal, seconded by Vice-Chairman Blust, moved to approve the “Amendment to Interlocal Agreement for the Provision of Behavioral Healthcare Services in Alleghany, Ashe, Avery, Watauga, and Wilkes Counties” which was to supersede the amendment approved at the regular meeting on October 4, 2011.
VOTE: Aye-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-1(Gable)
Chairman Miller appointed himself to serve as the Watauga County Board of Commissioner Representative to the newly constituted New River Service Authority Board.
Closed Session
At 5:10 P.M., Commissioner Deal, seconded by Commissioner Futrelle, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-1(Gable)
Commissioner Deal, seconded by Chairman Miller, moved to resume the open meeting at 5:34 P.M.
VOTE: Aye-4(Miller, Blust, Deal, Futrelle)
Nay-0
Absent-1(Gable)
Adjourn
Chairman Miller, seconded by Commissioner Futrelle, moved to adjourn the meeting at 5:34 P.M.
Nathan A. Miller, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board