MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 5, 2007
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, June 5, 2007, at 9:00 A.M. in the Board Room of the Watauga County Administration Building.
 
                        PRESENT:       Jim Deal, Chairman
William R. Winkler, III, Vice-Chairman
                                                John Cooper, Commissioner
                                                Winston Kinsey, Commissioner
                                                Mary Moretz, Commissioner
                                                Anthony di Santi, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                                Deron Geouque, Assistant County Manager
                                                Anita J. Fogle, Clerk to the Board
 
            The meeting was called to order at 9:01 A.M.
 
            Commissioner Kinsey opened the regular meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the following minutes: May 8, 2007, special meeting minutes; May 9, 2007, special meeting minutes; May 10, 2007, special meeting minutes; May 22, 2007, regular meeting and closed session minutes; and May 24, 2007, special meeting and closed session minutes.
 
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the May 8, 2007, special meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the May 9, 2007, special meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the May 10, 2007 special meeting minutes as amended as follows: the second to last paragraph should read “Sheriff L. D. Hagaman and several members of his Department reviewed their requests . . .”
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the May 22, 2007, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the May 22, 2007, closed session minutes as amended with Chairman Deal being shown as present at the meeting.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the May 24, 2007, special meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the May 24, 2007, special meeting closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the June 5, 2007, agenda.
 
            County Manager Nelson requested to add a Proposed Resolution In Support of the High Country Visitor Center under Miscellaneous Administrative Matters.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the June 5, 2007, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
ADOPTION OF THE FISCAL YEAR 2008 BUDGET ORDINANCE
 
            County Manager Nelson stated that the Budget Ordinance required an update to the fire service districts prior to approval and therefore requested the item be tabled until the June 26, 2007, meeting.
 
            By consensus, the Board agreed to table consideration of the Fiscal Year 2008 Budget Ordinance until the June 26, 2007, meeting.
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of May 2007.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for May 2007 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the Refunds and Releases Report for May 2007 as presented.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING AND INSPECTIONS PROPOSED RESOLUTIONS
 
A.        Subdivision Performance GuaranteeMr. Joe Furman presented a subdivision performance guarantee, in the amount of $534,000, for CNL Blowing Rock I, LLC for a portion of its SweetGrass development that was an irrevocable letter of credit from Wachovia which was for road construction and pursuant to section 92 of the Subdivision Regulations.
 
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the subdivision performance guarantee as presented by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Proposed Establishment of the Oversight Group for the Development of the County Plan – Mr. Furman stated that the County’s consultant charged with developing the County Plan recommended the establishment of an Oversight Group. They recommended that each Commissioner appoint one person from their respective districts as well as one Commissioner and one Planning Board member to serve on this group that was to meet for up to two years. Mr. Furman stated that this was a suggestion but the group could be formulated in any manner that the Commissioners deemed appropriate.
 
            By consensus, the Board agreed to consider appointments from their districts and table appointment until the next meeting.
 
C.        Proposal for Bidding and Construction Administration Services – Mr. Furman presented a proposal for construction administration services in the amount of $35,000 from McGill and Associates for Phase I of the construction of the Brookshire Road Project. McGill and Associates was the engineering firm that the County used to prepare the bid documents and site plan. Mr. Furman stated that the proposal did not include, but that staff had authority to award, geotechnical services.
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the proposal for construction administration services in the amount of $35,000 from McGill and Associates for Phase I of the construction of the Brookshire Road Project contingent upon the County Attorney’s review.
 
VOTE:   Aye-5
              Nay-0
 
            D.        Proposed Contract for Brookshire Project Grading and Site Preparation – Mr. Furman reviewed bids for excavation and construction of the soccer fields at the Brookshire Road Project. The initial advertisement resulted in only two respondents; therefore, the proposal was re-advertised. Upon the re-advertisement, again, two bids were received. One from Insight Development and one from J. W. Hampton Co. The lower bid was Insight Development in the amount of $961,500. Mr. Furman stated that $800,000 was budgeted for this project based on the pre-bid estimates; therefore, staff recommended deleting items # 1 and # 5 (# 1 for $30,000 was for demolition of the house and # 5 was for paving) from the certified bid tabulation form in the packet.
 
Mr. Furman stated that Sanitation staff was available to demolish and remove the house and pavement could be completed at a later time. The deletions were to leave a contract amount of $866,500. Staff recommended that $66,500 be taken from the EDC Capital Reserve Fund in that rough grading was to also be accomplished on the western side of Brookshire Road to enable the use of fill on the soccer fields.
 
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to accept the bid from Insight Development and to allow staff to negotiate a final price and to fund the project with the budgeted amount plus the Capital Reserve allocation.
 
VOTE:   Aye-5
              Nay-0
 
            E.         Community Development Block Grant (04-C-1346) (White Laurel Project) Budget Amendment – Mr. Furman reviewed a notice from the Community Development Block Grant (CBDG) that denied the County’s request to allow the repairs to the White Laurel Development sewer lines be executed by using the Northwest Housing Authority as the “public entity” owning the sewer lines. In response to the denial, the CBDG requested that Watauga County de-obligate $80,000 budgeted for the sewer line repair. Mr. Furman stated that this was essentially a budget amendment reducing the grant amount. 
 
Commissioner Cooper, seconded by Commissioner Moretz, moved to reduce the Community Development Block Grant (04-C-1346) by $80,000.
           
VOTE:   Aye-5
              Nay-0
 
PROPOSED AMENDMENTS TO THE ORDINANCE TO REGULATE HAZARDOUS RECREATION PARKS IN WATAUGA COUNTY
 
            Assistant County Manager Geouque reviewed a proposed amendment to the Ordinance to Regulate Hazardous Recreation Parks in Watauga County (the Skate Park at the Complex Drive area). The amendment was to add the option of a civil penalty which was a $100 ticket for violation of the rules requiring proper equipment to be worn while using the facility.
 
            After discussion and by consensus, the Board agreed to schedule a public hearing for June 26, 2007, at 6:00 P.M. on the proposed amendment with the penalty being amended to read $50 for the first offense, $75 for the second offense, and $100 for the third offense.
 
PROPOSAL FOR “HARTLEY GRAVEYARD” RELOCATION
 
            County Manager Nelson stated that based on action at a prior meeting, advertisements were placed notifying the public of the intent to relocate the “Hartley Cemetery” located on the new high school project site. The Commissioners have conducted a special meeting with family representatives and the ad was posted as required. The County Manager reviewed proposed relocation areas which were narrowed to two options. Option 1 was near the intersection of New River Heights and Daniel Boone Drive Extension and option 2 was relocation to the Mount Lawn Cemetery. The Architects recommended relocation to Mount Lawn Cemetery.
 
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to relocate the “Hartley Cemetery” located on the new high school project site to Mount Lawn Cemetery.
 
VOTE:   Aye-5
              Nay-0
 
The County Manager presented a proposal from Austin & Barnes Funeral Home for the relocation services in the amount of $16,598 which was based on a prior estimate of nineteen potential gravesites. After further investigation, the current number of potential sites was twenty-five, so the amount was to be adjusted accordingly by negotiation. After Board action, the County Attorney was to execute and record the required documents relevant to the relocation.
 
 
 
Commissioner Moretz, seconded by Commissioner Cooper, moved to authorize the County Manager to meet with and allocate an amount up to $25,000 to Mount Lawn Cemetery for the sites needed and to meet with and allocate an amount up to $25,000 to Austin and Barnes for their services to move the sites.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        Proposed Resolution In Support of the High Country Visitor Center – County Manager Nelson presented a proposed Resolution In Support of the High Country Visitor Center upon the request of Representative Tarleton.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the resolution as presented.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Requested Contract Amendment for Additional Services by SfL+a (High School Project Architects) – County Manager Nelson reviewed a proposal from Shuller Ferris Lindstrom and Associates (SfL+a) in the amount of $39,000 to amend the original design and architectural contract for the inclusion of the Ray Dell Greene property.
 
            By consensus, the Board did not approve the proposal as the Ray Dell Greene property was purchased upon recommendation of Shuller Ferris Lindstrom and Associates (SfL+a).
 
C.        Proposed Contract for Demolition and Removal of Old Queen Street Jail – County Manager Nelson stated that the County had received two proposals for the demolition of the old Law Enforcement Center in preparation of constructing the new parking lot that had recently been approved by the Town of Boone. Staff requested that the proposal from D. H. Griffin Wrecking Company, Inc. in the amount of $54,875 be accepted.
 
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the D. H. Griffin Wrecking Company, Inc. proposal in the amount of $54,875.
 
VOTE:   Aye-5
              Nay-0
 
D.        Board of Elections Equipment Purchase Request – County Manager Nelson stated the Board of Elections requested approval to apply for and use $46,200 in federal grant monies to purchase a new high speed tabulator (M650).
 
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the request as presented.
VOTE:   Aye-5
              Nay-0
 
            E.         Boards and Commissions – County Manager Nelson stated that the Region D Development Corporation was a Certified Development Company that assisted the US Small Business Administration in delivering small business loans to the region. They also assisted in marketing and packaging loans for small business throughout the region. Per their bylaws, each county was required to appoint four persons to serve as members of the Development Corporation each year. Representative categories were local government (1), private lending institution (1), and community organization or business organization (2). Current Watauga County appointees were Mr. Fowler Cooper (Government Representative); Mr. Brian Crutchfield (Community Representative); Mr. Jim Furman (Business Representative); and Mr. Brian Riggins (Private Lending Institution Representative). This was the first reading and therefore no action was required at this time.
 
            County Manager Nelson stated that Ms. Shirlee Edwards’ term on the Watauga County Board of Social Services was to expire June 30, 2007. Ms. Edwards served two consecutive terms and therefore was not eligible for reappointment. A Commissioner or designated representative must be appointed to this position. If a designated representative was to be appointed, the Board of Social Services recommended Ms. Esther Manogin for consideration. This was the first reading and therefore no action was required at this time.
 
            County Manager Nelson stated that Mr. Bill Miller’s appointment to the Caldwell Community College Board of Trustees was to expire June 30, 2007. This was the first reading and therefore no action was required at this time.
 
            County Manager Nelson stated that biannually a Jury Commission was empanelled for a two-year term. Of the three-member panel, one member was appointed by the Board of Commissioners. The term of Mr. Ted Hagaman was to expire June 30, 2007. The new term for the appointment was to be July 1, 2007 through June 30, 2009. This was a first reading and therefore no action was required at this time.
 
            County Manager Nelson stated that based on direction at the Pre-Budget Retreat, the Economic Development Council made a recommendation to expand their membership from nine to thirteen. They recommended that the directors from the Boone and Blowing Rock Chambers of Commerce and the Director of the Appalachian Regional Development Institute become automatic members. The fourth new member was to be appointed at-large by the Board of Commissioners. Also, Scott Prewitt submitted his resignation for his term ending June 2008.
 
            Commissioner Moretz, seconded by Commissioner Cooper, moved to appoint the Directors of the Boone Chamber of Commerce; the Blowing Rock Camber of Commerce; and the Appalachian Regional Development Institute as permanent members and appoint Mr. Keith Honeycutt as the at-large member of the Watauga County Economic Development Commission.
 
VOTE:   Aye-5
              Nay-0
 
            By consensus, the Board tabled the appointment of a replacement for Mr. Prewitt until a future meeting.
 
            County Manager Nelson stated that Mr. Larry Brooks resigned from his position as a member of the Watauga County Board of Adjustment due to unforeseen circumstances beyond his control.  The Board of Adjustment did not have a recommendation for consideration. This appointment was to be to fill an unexpired term ending in November 2009.
 
            By consensus, the Board tabled the appointment until a future meeting.
 
F.         Announcements – County Manager Nelson announced that the National Association of Counties Annual Conference was scheduled for July 13-17, 2007, in Richmond, Virginia.
 
County Manager Nelson stated that the North Carolina Association of County Commissioners was to hold its Annual Meeting August 16-19, 2007, in Fayetteville.
 
County Manager Nelson announced that a letter had been received from Speaker of the House Joe Hackney recommending the allocation of $250,000 in DOT discretionary money to be used to construct the roads at the high school project.
 
            County Manager Nelson announced that the Board was invited to opening night at Horn in the West on Friday, June 15, 2007, at 7:30 P.M.
 
County Manager Nelson announced that the High Country Host’s Annual meeting was scheduled for Tuesday, June 19, 2007, at 6:15 P.M. On the agenda was the discussion of the closing of the High Country Visitor Center.
 
            County Manager Nelson announced that an Intergovernmental Meeting was scheduled for June 7, 2007, from 4:00 P.M. to 6:00 P.M.
 
            County Manager Nelson announced that the second June Board of Commissioners’ meeting was rescheduled to June 26, 2007, at 6:00 P.M.
 
            County Manager Nelson announced that the first July Board of Commissioners’ meeting was cancelled.
 
PUBLIC COMMENT
 
There was no public comment.
 
CLOSED SESSION
 
            At 10:06 A.M., Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Economic Development Matters, per G. S. 143-318.11(a)(4).
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 11:43 A.M.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            Chairman Deal adjourned the meeting at 11:43 A.M.
 
 
Jim Deal, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board