MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, AUGUST 6, 2001
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, August 6, 2001 at 9:00 A.M. in the Board Room of the Watauga County Courthouse.
 
                        PRESENT:       Jimmy Hodges, Chairman
James Coffey, Vice-Chairman
Jack Lawrence, Sr., Commissioner
                                                Sue Sweeting, Commissioner
                                                Pat Wilkie, Commissioner
                                                Jeff Hedrick, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                                Anita Fogle, Clerk to the Board
 
            Chairman Hodges called the meeting to order at 9:02 A.M. welcoming those in attendance.
 
            A moment of silence was observed.
 
APPROVAL OF MINUTES
 
            Chairman Hodges called for additions or corrections to the July 2, 2001 regular and closed session meeting minutes; July 9, 2001 special and closed session meeting minutes; and the July 25, 2001 special and closed session meeting minutes.
 
            Vice-Chairman Coffey, seconded by Commissioner Sweeting, moved to approve the July 2, 2001 regular and closed session meeting minutes; July 9, 2001 special and closed session meeting minutes; and the July 25, 2001 special and closed session meeting minutes as presented.
 
VOTE: Aye-5
                    Nay-0
 
APPROVAL OF AUGUST 6, 2001 AGENDA
 
            Chairman Hodges called for additions or corrections to the August 6, 2001 agenda.
 
            Commissioner Sweeting, seconded by Commissioner Wilkie, moved to approve the August 6, 2001 agenda as presented.
 
VOTE: Aye-5
                    Nay-0
HEALTH DEPARTMENT BUILDING UPDATE
 
            Mr. Randy Jones, with David R. Jones Architecture, Inc., reviewed the working drawing design of the new Health Department Building. Mr. Jones reviewed the proposed construction schedule and requested approval to proceed with the bid phase of the project. The new construction cost estimates totaled from $4,100,000 to $4,900,000 for the entire project.
 
            Mr. Jones and Mr. George Cole, Civil Engineer, answered questions as presented by the Board. Mr. Cole stated that the wide variation in cost is due in part to the large amount of excavation needed and the unknowns as to how far the dirt will have to be hauled.
 
            The Board asked all bids separate site prep from construction in order to determine if savings were realized with separate awards.
 
            Commissioner Wilkie, seconded by Commissioner Sweeting, moved to authorize Mr. Jones to proceed with the bidding process on the Health Department Building as presented.
 
VOTE: Aye-5
                    Nay-0
 
BUDGET AMENDMENTS
 
Finance Director, Doris Isaacs, presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
            103300-343500           Historic Survey Grant                                                               32,000
            104350-469500           Contracted Services - Grant                              32,000
 
            To recognize award of grant by State Historic Preservation office for historic survey of Watauga County. This grant required a local match of $8,000, which was transferred from the General Fund contingency budget.
 
            Account #                    Description                                                           Debit             Credit
            663300-374200           Solidwaste Reduction Grant                                                       3,500
            667420-458000           Capital Outlay – Bldg.                                         3,500
 
            To recognize grant award by NC Department of Environmental and Natural Resources Division of Pollution Prevention to erect a building for a Swap Shop Program to decrease the waste stream. This grant required a local match of $5,300 funded from the Solidwaste budget.
 
            Vice-Chairman Coffey seconded by Commissioner Lawrence, moved to approve the budget amendments as presented.
 
VOTE: Aye-5
                    Nay-0
PLANNING AND INSPECTION S
 
            A.        Emergency Management Mitigation Plan – Mr. Joe Furman, Director of Planning and Inspections, stated that Senate Bill 300 recently passed by the General Assembly required local governments to have an approved Hazard Mitigation Plan in order to receive state public assistance funds effective for disasters occurring after August 1, 2002. Mr. Furman reviewed the plan.
 
            Vice-Chairman Coffey seconded by Commissioner Lawrence, moved to approve the Watauga County Emergency Operations Plan Annex Q Mitigation as presented.
 
VOTE: Aye-5
                    Nay-0
 
            B.         Architectural Survey of Historic Structures Contract Proposal – Mr. Furman stated that in May of 2001 the State Historic Preservation Office (SHPO) received notification that their grant application was approved to conduct architectural surveys in three North Carolina counties including Watauga. Upon notification of receipt of the grant Mr. Furman prepared a request for proposals for a professional consultant to conduct the architectural survey of the historic resources of Watauga County including Boone and Blowing Rock. Proposals were received and Mr. Furman stated that the SHPO recommended Ms. Michael Ann Williams of Western Kentucky University be awarded the contract for the survey. Mr. Furman recommended that the Board approve the proposed contracts, one for developing a plan and the second for implementation. The contract was between three parties: the state, the county, and the consultant.
 
            Commissioner Wilkie, seconded by Commissioner Sweeting, moved to approve the proposed contracts with Ms. Michael Ann Williams as presented.
 
VOTE: Aye-5
                    Nay-0
 
            C.        Housing Grant Request – Mr. Furman requested for the Board to authorize the Region D Council of Governments to apply for an urgent repair program grant fund on Watauga County’s behalf from the North Carolina Housing Finance Agency and for Region D to administer the housing repair program as well.
 
             Commissioner Sweeting, seconded by Vice-Chairman Coffey, moved to authorize Region D Council of Governments to apply for and administer the grant fund as presented.
 
VOTE: Aye-5
   Nay-0
 
            D.        Request for Purchase of Vehicles – Mr. Furman presented the following bids received for pick-up trucks. (note: underline denotes bid award):
 
 
Standard Pick-Up Truck for Planning and Inspections
B Miller Ford:                     $18,494.00 base;         $20,594.00 with extended cab
Hall Chrysler-Isuzu:            $19,951.00 base;         $22,751.00 with extended cab
Mack Brown, Inc.: $20,499.40 base;         $24,185.42 with extended cab
 
¾ Ton Pick-Up Truck With Extended Cab for Fire Marshall/Emergency Management
B Miller Ford:                     $23,528.00 [note: did not meet specifications re: heavy duty equipment]
Hall Chrysler-Isuzu:            $25,000.00
Mack Brown, Inc.: $28,691.07
 
Pick-Up Truck for Sanitation
B Miller Ford:                     $23,165.00
Hall Chrysler-Isuzu:            $24,356.00 (2001) and $24.843.00 (2002)
Mack Brown, Inc.: $24,866.00
 
Pick-Up Truck for Animal Control
B Miller Ford:                     $22,575.00
Hall Chrysler-Isuzu:            $24,117.00 (2001 and 2002)
Mack Brown, Inc.: $27,194.00
 
B Miller Ford, was recommended for three of the vehicles. The recommended vehicle for the Fire Marshall/Emergency Management Department was proposed by Hall Chrysler/Isuzu in that the low bid from B Miller Ford did not meet the specifications as required.   
 
            Commissioner Lawrence, seconded by Commissioner Wilkie, moved accept the bids and approve the purchase of said vehicles as recommended.
 
VOTE: Aye-5
                    Nay-0
 
            E.         Request for Additions to Secondary Road Systems – Mr. Furman reviewed the resolutions for requests for the following additions to the secondary road system: Fall Creek Road, Leslie Lane, Julia Pearson Lane, Wildcat Ridge Road, and Valle Vista Drive. The petitions were duly executed and received per statute by the Planning and Inspection Department.
 
            Vice-Chairman Coffey, seconded by Commissioner Sweeting, moved to adopt and forward the resolutions to the Department of Transportation for consideration as additions to the state maintained secondary roads system.
 
VOTE: Aye-5
                    Nay-0
 
 
 
PROPERTY MATTERS
 
            A.        Offer to Purchase Heilig Meyers Warehouse Property – County Manager Nelson recommended that the County purchase the Heilig Meyers warehouse property beside the Courthouse from Mr. Wilcox and Mr. Wright for the amount of $475,000. The County Manager recommended use of funds present in the Fiscal Year 2002 budget that were originally allocated for the renovation of the proposed Government Center. ($300,000 in the current expense budget and $200,000 in Capital Reserve).
 
            After Chairman Hodges stated that the Board has discussed this matter in Closed Session many times, Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to purchase the Heilig Meyers warehouse property from Mr. Wilcox and Mr. Wright for $475,000.
 
VOTE: Aye-5
                    Nay-0
 
The County Manager further recommended that the Board enact the proposed Resolution of Intent to Reimburse.
 
            B.         Proposed Resolution to Reimburse – Finance Director Isaacs reviewed the proposed Resolution of Intent to Reimburse. Upon adoption the Resolution allowed the county to reimburse itself once plans are finalized for the use of the purchased property. It allowed sufficient funds to be borrowed for the renovation of and acquisition in such a way to minimally impact on the county’s fund balance.
 
            Vice-Chairman Coffey, seconded by Commissioner Wilkie, moved to adopt the Resolution of Intent to Reimburse as presented.
 
VOTE: Aye-5
                    Nay-0
 
            C.        Discussion of Declaring “Ginn House” as Surplus Property – County Manager Nelson stated that the purchase of the Heilig Meyers property allowed for future Courthouse expansion and met the County’s foreseeable future needs for space. The County Manager proposed that the County declare the Ginn House (only the lower level including the house and the apartment and approximately fifteen (15) parking spaces) as surplus property while keeping a walking right-of-way and a repair easement to the property. The Manager stated that the sale of the Ginn House would pay for a large portion of the purchase price or price of renovations to the Heilig Meyers warehouse property. County Manager Nelson also stated that the Ginn property was purchased for the purpose of ensuring ample parking spaces in the Courthouse area and therefore the County would maintain ownership of the forty-five (45) parking spaces.
 
            Commissioner Wilkie, seconded by Commissioner Sweeting, moved to declare the lower portion of the Ginn property surplus.
 
VOTE: Aye-5
                    Nay-0
 
            County Manager Nelson stated that when the survey and appraisal had been completed he will bring options to the Board regarding sale of the property.
 
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES GROUNDWATER MITIGATION REQUEST
 
            County Manager Nelson stated that the North Carolina Department of Environment and Natural Resources (DENR) requested that the County assist in connecting two homes that have contaminants present in their wells to the Town of Boone’s public water. DENR stated that a direct link between the contaminants present and the landfill had not been established. It would be difficult at best to make a direct link, however, the County had committed to address all off-site contamination via institutional control instead of attempting to control the affected groundwater at the County’s property line. The County Manager stated that he had been in contact with Ms. Ann Greer Darnell and Mr. and Mrs. Jerry Williamson regarding this matter. Mr. and Mrs. Williamson requested discussion regarding financial arrangements for the connection to public water. 
 
The County Manager stated that the Boone Town Council needed to be petitioned to request water service to residences outside Boone City Limits. The Town Council may or may not require the property owners sign an annexation agreement. 
 
            The costs associated with the connections included an availability fee, a tap-on fee, and plumbing charges The total was approximately $3,000 - $5,000 per connection.
 
            County Manager Nelson stated that DENR also requested that BREMCO (Blue Ridge Electric Membership Corp.) establish a connection to city water and abandon their well. BREMCO received approval from the Town Council for connection and the requirement for the annexation agreement was waived. The County Manager stated that in discussion with Mr. Glenn Grubb, BREMCO representative, BREMCO was willing to pay the commercial availability fee to the Town of Boone but requested assistance from the County in paying for the tap-on fee and the cost of the connection. The County Manager stated that Mr. J.V. Potter, Operation Services Manger, could assist with the connection.
 
            DENR also recommended that private wells be permanently disconnected for consumer use; BREMCO was agreeable, the Williamson’s requested future consideration for use, and Mrs. Darnell may or may not wish to be connected to public water.
 
            The County Manager stated that Jeff Smith, the County’s consultant with Draper Aden, Inc., recommended that the County also consider assisting the provision of public water to the “Bolick Rental House.”
 
            County Commissioner Lawrence, seconded by Commissioner Sweeting, moved to pay the availability fee and associated costs with connecting the three residences (if they so chose to apply and receive Town approval) and to pay the associated costs with connecting BREMCO to the Town of Boone’s public water system.
 
            County Manager Nelson offered to accompany the homeowners in petitioning the Boone Town Council for services.
 
            The Board clarified that the offers were to the current owners and would not extend to future owners. Also, Board requested that the wells be abandoned for future human consumption.
 
VOTE: Aye-5
                    Nay-0
 
DISCUSSION OF APPALACHIAN DISTRICT HEALTH DEPARTMENT’S SEPTIC PERMITTING PROCESS
 
            County Manager Nelson opened the floor to the Board for discussion regarding concerns and complaints registered from citizens concerning the delay in receiving septic permits and/or the inspections process. The Board asked Mr. Danny Staley, Director of Appalachian District Health Department, for his comments.
 
            After discussion, Commissioner Sweeting requested that Mr. Staley research and forward to the Board a listing of all permits applied for within the last six months with the date of the request for and the date of the issuance so noted.
 
            No Board action was required and none was taken.
 
 
DISCUSSION OF SURVEY REGARDING COUNTY SERVICES
 
            County Manager Nelson stated that the Board had previously discussed the possibility of establishing a survey for use countywide to poll citizens as to their satisfaction with county services. The County Manager stated that the development of a Customer Satisfaction Program was discussed during the Board’s pre-budget workshops and was on the list of responsibilities for the soon to be hired Assistant County Manager.
 
            The County Manager surveyed County Department Heads including the Appalachian District Health Department and New River Behavioral Health Care. A copy of the survey of existing practices was given to the Board for their review. Out of seventeen (17) departments listed in the survey only four (4) have customer service surveys currently in place.
 
            No Board action was required and none was taken.
 
UNIVERSITY HIGHLANDS PROPERTY TAX APPEAL DISCUSSION
 
            By consensus of the Board, discussion on the University Highlands Property Tax Appeal was tabled until after the scheduled Close Session.
 
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A. Western North Carolina Parity Meeting Report (Region D) – County Manager Nelson stated that he and Chairman Hodges attended a Western North Carolina Caucus Meeting on Parity July 26, 2001 at Region D Council of Governments. The Western North Carolina Caucus was established to find common ground to deal with parity issues that would benefit all the twenty-six county western North Carolina region (Regions A, B, C, D, and E).
 
            No Board action was required and none was taken.
 
            B. September Meeting Date Discussion – County Manager Nelson stated that the scheduled September 3rd meeting falls on Labor Day. The Board has traditionally rescheduled the meeting to the Tuesday following which would be September 4, 2001.
 
            Vice-Chairman Coffey, seconded by Commissioner Lawrence, made a motion to reschedule the Monday, September 3, 2001, Board meeting to Tuesday, September 4, 2001, at 9:00 A.M.
 
VOTE: Aye-5
                    Nay-0
 
C.     Request for Public Hearing on Amendment to Personnel Ordinance – County Manager Nelson requested that the Board schedule a Public Hearing for consideration of amendments to the County’s Personnel Ordinance regarding retiree insurance for August 21, 2001.
 
            Commissioner Lawrence, seconded by Commissioner Sweeting, made a motion to hold a Public Hearing at the August 21, 2001, Board meeting for consideration of an amendment to the County’s Personnel Ordinance regarding retiree insurance.
 
VOTE: Aye-5
                    Nay-0
 
            D. Proposed Future Work Sessions (Countywide Water and Wastewater Study and Capital Plan) – County Manager Nelson stated the Board had discussed the potential need for a work session to review the Countywide Water and Wastewater Study with the Engineer of record from Draper Aden, Inc., and a work session to revise the County’s long range Capital Plan regarding space needs and future County buildings.
 
            By consensus, the Board decided to extend their September 4, 2001 meeting by two hours to include a work session to cover both items stated above.
 
 
 
E. Boards and Commissions – County Manager Nelson stated that the following appointments have been recommended to the Board for appointment:
 
 
Criminal Justice Partnership Board
                        Appointment                             Reappointments
                        Randy Townsend                      James Atkinson
                         (to fill William Neal’s Judge Bill Leavell
                           un-expired term)                    Tom Rusher, District Attorney
                                                                        Pat Wilkie, Commissioner
                                                                        Barbara Zaitzow
 
Town of Boone Planning Commission (ETJ)
                        Reappointment
                        Jamey Hodges
 
Town of Boone Board of Adjustments
                        Reappointments
                        Rick Foster
                        Hal Anderson
 
Blue Ridge Resource Conservation & Development Council, Inc.
                        Reappointment
                        Harlan Greene
 
Cove Creek Volunteer Fire Department
                        Appointment                             Reappointment
                        Allen Shelton                            Betty Henson
                                                                        Derek Wilson
 
Juvenile Crime Prevention Council (JCPC)
                        Appointments                           Reappointments
                        Patrick Sukow                          Charles Byrd
                        Celest Holland                          Charlie Danner
                        Dan Staley                                Bricca Sweet
                        Joey Dickson                            Mary Farthing
                         (to fill Jim Thornton’s Bill Fox
                            un-expired term)                   Gail Hawkinson
                        Sarah Uminski                          Stephen Horton
                         (to fill Patricia Trathen’s          Doris Isaacs
                            un-expired term)                   Caleb Jackson
                        Michael Wagoner                     Melissa Johnson
                         (to fill Susan Crawford’s         Pat Wilkie
                            un-expired term)                   Alexander Lyerly
                                                                        Sherrie Pitts
 
            Commissioner Sweeting, seconded by Commissioner Wilkie, made a motion to appoint and reappoint members to the Boards and Commissions as presented.
 
VOTE: Aye-5
                    Nay-0
 
            F. Announcements – County Manager Nelson stated that the Board of Trustees of Caldwell Community College and Technical Institute invited the Commissioners to attend their August meeting at the Watauga Campus on August 16, 2001 for dinner at 6:00 P.M. and to be followed with a brief update on plans for the Watauga Campus. Chairman Hodges and Commissioner Sweeting stated that they would attend the dinner and meeting.
 
            No Board action was required and none was taken.
 
CLOSED SESSION
 
            At 10:50 A.M., Commissioner Lawrence, seconded by Commissioner Wilkie, moved to enter Closed Session to discuss: Personnel Matters, G.S. 143-318311 (a)(6) and Attorney/Client Matters – G.S. 143-318.11(a)(3).
 
VOTE: Aye-5
                    Nay-0
 
            Commissioner Wilkie, seconded by Vice-Chairman Coffey, moved to resume the open meeting at 11:43 A.M.
 
VOTE: Aye-5
                    Nay-0
 
UNIVERSITY HIGHLANDS PROPERTY TAX APPEAL DISCUSSION
 
            County Attorney Hedrick stated that, as he understood, all the evidence had been presented and Attorney diSanti agreed. Chairman Hodges then called for the following questions:
 
            1)         Was good cause show for the late application?
 
            Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved that good cause was not shown for the late application.
 
VOTE: Aye-5
                    Nay-0
 
            2)         Is the property exempt by ownership of State or Government?
 
 
            Vice-Chairman Coffey, seconded by Commissioner Wilkie, moved that the property is not exempt by ownership of State or Government.
 
VOTE: Aye-5
                    Nay-0
 
            County Attorney Hedrick stated that he would prepare a proposed Order of Findings and Conclusions regarding University Highlands for the next Board meeting.
 
ADJOURN
 
            Commissioner Sweeting, seconded by Commissioner Wilkie, moved to adjourn the meeting at 11:45 A.M.
 
VOTE: Aye-5
                    Nay-0
 
 
                                                                                                Jimmy Hodges, Chairman
ATTEST:
 
Anita J. Fogle, Clerk to the Board