MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 16, 2001
The Watauga County Board of Commissioners held a regular meeting on Tuesday, October 16, 2001 at 7:00 P.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 7:01 P.M. welcoming those in attendance.
A moment of silence was observed.
APPROVAL OF MINUTES
Chairman Hodges called for additions or corrections to the October 1, 2001 regular meeting minutes.
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to approve the October 1, 2001 regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF OCTOBER 16, 2001 AGENDA
Chairman Hodges called for additions or corrections to the October 16, 2001 agenda.
County Manager Nelson requested to add the following items to the agenda:
1. A Subdivision Guarantee presented by Mr. Joe Furman, Director of Planning and Inspections
2. Bid requests presented by Mr. J.V. Potter, Operation Services Director, for the paving of two container sites
3. Two additional bids on the Ginn property
4. A Closed Session to discuss Attorney/Client Matters relating to the Watauga Ambulance Service lawsuit per G.S. 143-318.11(a)(3)
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to approve the October 16, 2001 agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING – LITTLE CREEK SUBDIVISION ADDITION TO VALLE CRUCIS COMMUNITY COUNCIL PLANNING AREA
Chairman Hodges declared the public hearing open at 7:03 P.M. to allow for comment on the Little Creek Subdivision Addition to Valle Crucis Community Council Planning Area.
Mr. Rick Herrick, President of the Little Creek Subdivision’s Property Association, reaffirmed the petition stating that the members of the Little Creek Subdivision wished to join the Valle Crucis Community Council Planning Area.
Ms. Jill Storelli, a member of the Valle Crucis Community Council Planning Area, stated that the Council gave it’s unanimous approval for the Little Creek Subdivision to join the Valle Crucis Community Council Planning Area.
There being no further public comment, Chairman Hodges declared the public hearing closed at 7:10 P.M.
Mr. Joe Furman, Director of Planning and Inspections, displayed and reviewed maps with the Board illustrating the boundaries of the Little Creek Subdivision and the Valle Crucis Community Council Planning Area.
The Board agreed, by consensus, to table the issue until after the discussion of the policy to set guidelines to allow for additions to community councils.
DISCUSSION OF COMMUNITY COUNCIL POLICY
Mr. Furman stated that the Planning Board had met and discussed the Community Council Policy and had decided that more time was needed to review and revise the current guidelines. However, Mr. Furman stated that the Planning Board had recommended approving the Little Creek Subdivision request to join the Valle Crucis Community Council Planning Area.
After discussion, Commissioner Sweeting, seconded by Commissioner Wilkie, moved to approve the Little Creek Subdivision Addition to Valle Crucis Community Council Planning Area as presented by Mr. Furman and moved to charge the Planning Board to review and revise the Community Council guidelines and return to the Board for consideration.
VOTE: Aye-5
Nay-0
DISCUSSION OF NCDOT 2004-2010 TRANSPORTATION IMPROVEMENT PLAN
Mr. Furman stated that the North Carolina Department of Transportation is in the first year of a two-year process of developing the County’s 2004-2010 Transportation Improvement Plan (TIP). Mr. Furman announced that there would be a public input meeting at 2:00 p.m. on Thursday, October 18, 2001, at the Boone Council Chambers to solicit public comment and priorities for the TIP. Mr. Furman reviewed excerpts from the current TIP that apply to Watauga County. Discussion included issues regarding the widening of 194 in Valle Crucis, Broadstone Road, and possible improvements to Hodges Gap Road. Mr. Furman stated that Hodges Gap Road would fall under the Town of Boone’s TIP and stated that the correct course of action would be to contact the Town Council in seeking improvements to said road.
By consensus, the Board agreed to endorse with the current Transportation Improvement Plan.
SUBDIVISION PERFORMANCE GUARANTEE
Mr. Furman, presented a subdivision performance guarantee for the completion of road construction for Brown Stone Ridge Subdivision (as required by Section 92 of the subdivision regulations). The performance guarantee was an Irrevocable Letter of Credit from Branch Banking and Trust Fund in the amount of $30,000. Mr. Furman stated that County Attorney Hedrick had reviewed the Letter of Credit, and Mr. Furman requested the Board’s approval.
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to approve the subdivision performance guarantee as presented.
VOTE: Aye-5
Nay-0
DISCUSSION ON THE NEW STATE PLAN FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES
Mr. Don Suggs, Director of New River Behavioral Healthcare, reviewed the latest information regarding the Mental Health Reform Bill. Mr. Suggs stated that the current statute requires that counties provide mental health services through area programs. The revised reform bill gives counties the option of providing services through an area program or county government, either by a single county or a group of counties. Counties must declare their intention in writing by October 1, 2002. A group of counties that decides to offer services through county governance will form an inter-local agreement to provide for the adoption and administration of the program budget and appoint an area director. These multi-county arrangements must have a targeted population of 200,000 or a minimum of 5 counties. Mr. Suggs also discussed the draft of the new State Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services which is a requirement of the Reform Bill.
No Board action was required and non was taken.
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Paving Request for two Container Sites – Mr. J.V. Potter, Operation Services Director, presented the following bids received for the paving of the Bethel and 221 container sites:
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Moretz Paving
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Maymead
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James R. Vannoy & Sons
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Bethel Site
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$14,500
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$17,000
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$17,200
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221 Site
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$ 9,000
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$11,500
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$10,453
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Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to accept the low bid from Moretz Paving as presented.
VOTE: Aye-5
Nay-0
B. Additional and Amended Offers to Purchase Ginn House – County Manager Nelson reviewed an amended Offer to Purchase for the Hardin/Brown/Ginn property from Mr. Michael Vetro; an offer from Mr. Owen Margolis/Sy Katz Produce, Inc.; and an offer from Mr. Roger Wright and Mr. Kenneth Wilcox that involved exchanging properties including the Hardin/Brown/Ginn property.
Mr. Margolis signed his offer and acknowledged that it was “as is” without any conditions relating to inspections or the adequacy of the structure or it’s systems.
County Attorney Hedrick announced in the presence of Mr. Margolis and Mr. Vetro that the Wilcox/Wright exchange proposal remains subject to acceptance/rejection because all bids were subject to rejection and the decision not to sell. County Attorney Hedrick reviewed the substance of a proposed resolution to commence and structure an upset bid process.
After discussion, Commissioner Sweeting, seconded by Commissioner Wilkie, moved to adopt the Resolution Authorizing Upset Bid Process and moved to “propose acceptance” of Mr. Margolis’ offer in the amount of $375,000 to begin the upset bid process.
VOTE: Aye-5
Nay-0
C. Request for Declaration of Surplus Property – County Manager Nelson presented property to be declared surplus and to be sold at public auction.
Commissioner Sweeting questioned if the property listed had been offered to the Board of Education or Caldwell Community College.
After discussion, Vice-Chairman Coffey, seconded by Commissioner Lawrence, made a motion to declare the property surplus and to offer it to the Watauga County Board of Education and Caldwell Community College and Technical Institute and to approve the sale of the remaining property through public auction on October 27, 2001.
VOTE: Aye-5
Nay-0
D. Boards and Commissions – County Manager Nelson announced future vacancies on the following Boards and Commissions: Watauga County Adult Care Home Community Advisory Committee, Watauga County Planning Board, Voluntary Farmland Preservation Program Advisory Board, Watauga County Parks and Recreation Commission, and Watauga Medical Center Board of Trustees, and the Watauga County Board of Adjustment.
The County Manager also stated that Mr. Brent Graybeal of Planning and Inspections stating that Ms. Jane Nicholson and Ms. Janet Beck are both willing to be reappointed to the Watauga County Board of Adjustments.
No Board action was required and none was taken.
E. Red Ribbon Celebration Proclamation Request – County Manager Nelson stated that Anna Boyce Phillips with the Alcohol/Drug Council of Watauga County had requested for consideration a Red Ribbon Celebration Proclamation declaring October 20-31, 2001, as Red Ribbon Celebration in Watauga County promoting public awareness of substance abuse and addiction prevention.
Vice-Chairman Coffey, seconded by Commissioner Wilkie, made a motion to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
F. Announcements –County Manager Nelson announced that there would be a public input meeting at 2:00 P.M. on Thursday, October 18, 2001, at the Boone Council Chambers to solicit public comment and priorities for the Transportation Improvement Plan.
County Manager Nelson stated that the Rural Internet Access Authority (RIAA) announced an initiative to support North Carolina communities to make the transition to a connected future. The County Manager stated that the E-Communities program has offered an award of $10,000 to Watauga County upon choosing to undertake a Phase I E-Communities planning effort and appointing a lead agency for said effort.
By consensus, the Board agreed to apply for the $10,000 grant and to appoint a lead agency at their Monday, November 5, 2001 regular meeting.
County Manager Nelson stated that the State had released the Intangible Tax which may be escrowed.
County Manager Nelson shared a Winston-Salem Journal article which stated that State revenues fell by 3% during the past three months compared to the same period last year prompting Governor Easley to warn that additional budget cuts might be needed even with the pending tax increase. The County Manager also shared an e-mail which stated that Governor Easley mandated State agencies to return 4% of their budgets for the current year.
County Manager Nelson stated that the Chamber of Commerce had invited the Board to a reception honoring Sam Erby at Appalachian Ski Mountain at 6:00 P.M. on Monday, November 12, 2001. The County Manager stated that those who planned to attend could RSVP on their own or contact Anita Fogle, Clerk to the Board, to RSVP.
County Manager Nelson stated that work on the Health Department site would begin the following week and, by consensus, the Board agreed to hold a ground breaking ceremony on Monday, October 22, 2001 at 1:00 P.M.
County Manger Nelson stated that Mr. Bryce Holder would be present at a November meeting to present the Watauga County Audit for Fiscal Year 2001.
PUBLIC COMMENT
Mr. Bill Moretz presented the Board with a letter that offered an alternative to zoning. Chairman Hodges stated that the Board would read the letter and give it consideration.
CLOSED SESSION
At 8:48 P.M., Commissioner Sweeting, seconded by Commissioner Wilkie, moved to enter Closed Session to discuss Attorney/Client Matters, per G.S. 143-318.11(a)(3), in reference to the Watauga Ambulance Services Law Suit.
VOTE: Aye-5
Nay-0
Commissioner Wilkie, seconded by Commissioner Sweeting, moved to resume the open meeting at 9:03 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Lawrence, seconded by Commissioner Wilkie, moved to adjourn the meeting at 9:03 P.M.
VOTE: Aye-5
Nay-0
__________________________
Jimmy Hodges, Chairman
ATTEST:
_____________________________
Anita J. Fogle, Clerk to the Board