MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 16, 2002
The Watauga County Board of Commissioners held a regular meeting on Tuesday, April 16, 2002 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
Darcy Moore, Substitute Clerk to the Board
Chairman Hodges called the meeting to order at 7:00 P.M., welcoming those in attendance.
A moment of silence was observed.
APPROVAL OF MINUTES
Chairman Hodges called for additions or corrections to the March 19, 2002 regular meeting minutes, the April 1, 2002 regular meeting minutes and closed session minutes.
Chairman Sweeting, seconded by Vice-Chairman Coffey, moved to approve the March 19, 2002 regular meeting minutes, the April 1, 2002 regular meeting minutes and closed session minutes.
VOTE: Aye-5
Nay-0
APPROVAL OF APRIL 16, 2002 AGENDA
Chairman Hodges called for additions or corrections to the April 16, 2002 agenda.
Commissioner Wilkie, seconded by Commissioner Sweeting, moved to approve the February 19, 2002 agenda as presented.
VOTE: Aye-5
Nay-0
Public hearing to consider a resolution levying the third one-half (1/2) cent local government sales and use tax
Chairman Hodges declared a public hearing open at 7:07 P.M. to consider adopting the Resolution Levying The Third One-Half (½) Cent Sales And Use Tax Within Watauga County.
County Manager Nelson stated that a public hearing was required by general statute (NCGS 105-517B) and presented a brief explanation of the proposed resolution for approval. Manager Nelson stated that on July 1, 2003 Watauga County would lose approximately $880,000 due to revenue shifts made by the State of North Carolina. To provide an avenue for the County to make up for this loss the North Carolina General Assembly enacted a third one-half (½) cent tax which would be due to end July 1, 2003. Manager Nelson stated that, if adopted, the proposed Resolution would allow the County to make up for this lost revenue and also prescribe the method of distribution of the proceeds within Watauga County.
After brief discussion, Commissioner Wilkie voiced her regret that the taxpayers would be paying for the State’s shortfall.
There being no public comment, Chairman Hodges declared the public hearing closed at 7:11 P.M.
Vice Chairman Coffey, seconded by Commissioner Lawrence moved to adopt the proposed resolution as presented.
VOTE: Aye - 4
Nay - 1 (Wilkie)
Public hearing to consider appalcart’s rural operating assistance program application
Chairman Hodges declared a public hearing open at 7:12 P.M. to consider AppalCART’s Rural Operating Assistance Program Application.
Mr. Chris Turner addressed the board explaining, that this application is submitted annually to provide Watauga County with state funding to expand AppalCART’s rural transportation services. Mr. Turner stated that this year the funding amount was $69,831 and would be allocated to improve access to transportation for clients of the Project on Aging, Watauga Opportunities, Carolina Friendship, the Department of Social Services and AppalCART Para transit.
There being no public comment, Chairman Hodges declared the public hearing closed at 7:14 P.M.
Commissioner Sweeting, seconded by Commissioner Wilkie moved to adopt the application as presented.
VOTE: Aye - 5
Nay - 0
Public hearing to allow public input on the completion of the LYNNhaven II community development block grant
Chairman Hodges declared a public hearing open at 7:15 P.M. to consider the completion of the Lynnhaven II Community Development Block Grant.
Planning & Inspections Director, Mr. Joe Furman, addressed the Board stating that a public hearing was required as a part of the close-out process for the Community Development Block Grant (CDBG) funds in the amount of $455,681.39. Mr. Furman stated that the funds from this grant were loaned to Lynnhaven II,LLC, which represented 9.41% of the total construction cost of the Glenbridge Health, and Rehabilitation facility located on Milton Brown Heirs Road.
There being no public comment, Chairman Hodges declared the public hearing closed at 7:17 P.M.
Vice Chairman Coffey, seconded by Commissioner Wilkie moved to approve the final close-out of CDBG project.
VOTE: Aye - 5
Nay - 0
public hearing to consider new private road names
Chairman Hodges declared a public hearing open at 7:18 P.M. to consider the adoption of new road names for Watauga County.
Planning & Inspections Director, Mr. Joe Furman, stated that a public hearing was required by general statute (NCGS 153A-239.1) and presented the following road names for approval:
BEAVER DAM TWP.
Branch Crossing
Grinnin’ Mule Road
Paradise Point
BLUE RIDGE TWP.
Brandon Lane**
Brown Stone Ridge Road**
Omerta Lane**
BLOWING ROCK TWP.
Biddle Way
Chandler Court**
Coffey Ridge Drive**
Echo Run**
Little Woods Lane**
Whitney Lane**
COVE CREEK TWP.
Ella’s Way
Bobcat Lane**
Glean Drive**
Meadow Valley Lane**
Silver Meadow Drive**
Turning Leaf Trail**
Wren Cove Lane**
Change H&M Drive TO Cranberry Creek Lane
Change Robare Road TO Cranberry Trail
ELK TWP.
Eastgate**
MEAT CAMP TWP.
Kim’s Way
Pebble Lane**
NEW RIVER TWP.
Avalanche Trail
Vannoy Lane**
SEVEN DEVILS TWP.
Big Boulder Ridge**
Change Chestnut Trail to Chestnut Ridge Trail
SHAWNEEHAW TWP.
Big Rock Road**
Far View Road**
STONY FORK TWP.
Aaron’s Way
Lofty View Road
WATAUGA TWP.
Ashbrooke Drive
Beadwood Lane
Camp Davis Road
Golden Trail Drive**
Lanny Road**
Myria Road**
Red Bank Road
Rhodo Lane**
Walker’s Glen Way
**Indicates roads named on a recently recorded subdivision plat
The following individuals spoke against the naming of one Beaver Dam Township road “Grinnin’ Mule Road”:
Mr. Charles Clement
Mr. Walter Dingwall
Individuals who spoke in favor of naming the road “Grinning Mule Road” are as follows:
Ms. Karen Carter
Mr. David Ulrey
Mr. Frank Wilson
There being no further public comment, Chairman Hodges the public hearing closed at 7:43 P.M.
Chairman Hodges stated that he would like to see the issue tabled for one month in the hopes that the residents could come to a agreeable resolution amongst themselves.
Vice Chairman Coffey, Commissioner Sweeting and Comissioner Wilkie discussed the importance of naming the road so that 911 addresses could be assigned for the safety of the residents of the road.
Following discussion, Vice Chairman Coffey, seconded by Commissioner Wilkie moved to adopt the above new road name list as presented.
VOTE: Aye - 4
Nay - 1(Hodges)
Watauga medics update
Mr. Craig Sullivan, Director of Watauga County Medics, Inc., presented to the Board a review of the rate increase, that was approved by the Board in June 2001 in anticipation of the need to add a third EMS crew. Mr. Sullivan reported that the addition of this third crew had decreased the number of times the volunteer rescue squads needed to be placed on standby from an average of 27 per month to 12 per month. Mr. Sullivan explained that the advantage of decreasing the number of squad standbys was to allow the emergency backup system to be available in the event of a major emergency.
Mr. Sullivan also reported that a new Medicare fee schedule had taken effect April 1, 2002. This new fee schedule would most significantly affect Watauga Medics Inc. in their mileage reimbursement.
After Mr. Sullivan’s brief report, he requested approval from the Board to fund the additional crew for the next three to nine months.
Following discussion, Commissioner Lawrence, seconded by Vice Chairman Coffey moved that the Board continue funding in the amount of $6,184.29 per month through July 1, 2002, at which point, staff would reevaluate the revenues and report to the Board.
VOTE: Aye – 5
Nay – 0
JCPC funding request
Ms. Melissa Johnson, Juvenile Crime Prevention Council (JCPC) Chairman, addressed the Board with a request for approval of a budget amendment in the amount of $3,233 within the JCPC agencies, thereby preventing this money being reverted to the state. If approved these funds would be reallocated to Watauga Youth Network, Project Challenge, Blue Ridge Dispute Settlement and used to fund a survey of the needs of youth enrolled in Watauga County schools.
After brief discussion, Commissioner Wilkie, seconded by Commissioner Sweeting moved to approve the budget amendment as requested.
VOTE: Aye – 5
Nay - 0
Project on aging – home and community care block grant request
Project on Aging Director, Angie Boitnotte came before the Board to request approval of a budget amendment to make up for state budget cuts to their Home and Community Care Block Grant allocations.
Vice Chairman Coffey, seconded by Commissioner Sweeting moved to approve the block grant budget amendment as presented.
VOTE: Aye – 5
Nay – 0
Health department status report and change order request
Mr. Randy Jones of David R. Jones Architecture presented to the Board an update on the construction status of the new Health Department project. Mr. Jones reported that the General Contractor was behind on some items of the project schedule but ahead on others, overall bringing the project five (5) weeks ahead of schedule as of April 3, 2002. However, Mr. Jones informed the Board that he was requesting approval of two change orders required due to a large amount of rock and three (3) springs encounter during the excavation and site preparation.
Mr. Jones presented a statement of the work completed to date and stated that the total amount of the change orders, as requested, was in the amount of $177,355.45. He requested contingency funds and credits to cover $105,300 of the incurred extra charges with the balance of $72,056 to be addressed during the fiscal year 2003 budget.
Vice Chairman Coffey, voiced his concerns on the amount billed to the County for mass rock. removal, stating that he thought the costs appeared to be high.
Mr. Jones stated that he would look into these costs to verify the validity of these charges.
Following discussion, it was the consensus of the Board for Mr. Jones to investigate the rock removal charges and report back to the Board at the May 21, 2002 regular meeting.
Proposed resolution in support of a constitutional amendment restoring religious FREEDOM
County Manager Nelson stated that, per Board member request, staff had prepared a draft resolution in support of a Constitutional Amendment Restoring Religious Freedom for consideration. Manager Nelson briefly explained that the proposed amendment had originated in United States House of Representatives. Manager Nelson stated that Washington County, Pennsylvania had adopted a resolution in support of the amendment and had sent a copy of this resolution to the Watauga County Board of Commissioners requesting its support.
Commissioner Wilkie voiced her concerns with the resolution and read a prepared statement in opposition to the proposed amendment.
Commissioner Sweeting commented that she could not support the proposed resolution prior to receiving public opinion.
Following discussion, James Coffey, seconded by Chairman Hodges moved to accept the resolution after changing the words “shall” in the document to “should”.
Commissioner Sweeting requested that public comment be allowed prior to a vote on the open motion.
Two individuals spoke in opposition to the resolution and one spoke in favor.
Prior to vote, Commissioner Lawrence stated he would like to table the matter for one month for careful deliberation. Therefore, Vice Chairman Coffey withdrew his motion
It was the consensus of the Board to table the decision regarding the proposed resolution for further consideration until the May 21, 2002 regular meeting.
Customer survey report
Assistant County Manager Deron Geouque presented a report on the progress to date on plans to institute a randomized Countywide customer satisfaction survey and submitted a draft copy of the proposed survey form.
Public hearing and public comment rules discussion
County Manager Nelson and County Attorney Hedrick presented a draft of proposed rules of conduct for both public hearings and public comment periods for Board consideration.
Following discussion of the proposed rules for public hearing, Commissioner Wilkie, seconded by Commissioner Sweeting moved to approve the following rules of conduct for public hearing:
Rules for Public Hearing
The Board of County Commissioners hereby adopts the following rules for a scheduled public hearing.
· The length of comment for each speaker may be limited (2, 3, or 5 minutes) dependent on the number of speakers requesting to address the Board.
· The comment shall be restricted to the subject of the public hearing as advertised.
· The Board shall request a civil courteous manner.
Vote was taken on Commissioner Wilkie’s motion.
VOTE: Aye – 5
Nay – 0
Following discussion of proposed rules for speakers during public comment opportunity, Commissioner Sweeting, seconded by Commissioner Wilkie moved to approve the following rules for conduct of public comment opportunity:
Rules for Speakers During Public Comment Opportunity
The Watauga County Board of Commissioners hereby establishes the following policy for concerning speakers making public appearances before the Board at its regularly scheduled public comment opportunities.
The Board does hereby establish a time period of sixty (60) minutes, for an open forum, at the end of its second regular meeting in each month to hear citizen comments.
Length of comment for each speaker may be limited to 2-5 minutes as decided per meeting.
Comments are to be directed to the Board as a whole. The forum is intended to provide the Board of Commissioners an opportunity to hear citizens. It is not intended to subject the Board to answering impromptu questions. Citizens will be expected to be civil in their language and presentation and not to engage in slander or name-calling.
During the 60 minute open forum, speakers should not discuss any of the following:
a. Matters which concern the candidacy of any person seeking public office, including of the person addressing the Board;
b. Matters in current or anticipated litigation.
Any citizen wishing to address the Board during the 60-minute open forum shall either call the Clerk to the Board any time prior to the regular scheduled meeting, or may sign a speaker’s list prior to the commencement of the meeting. Speakers will be asked to identify themselves and to specify the subject matter of comments to be made.
Hiring freeze report/discussion
County Manager Nelson presented a report on the Board imposed hiring freeze, which had been implemented due to the State budget crisis. Manager Nelson stated that the only positions that had been filled since the hiring freeze were only positions dealing with health and safety. Manager Nelson reported that the following four County positions had been affected by the current freeze:
Information Technologies Department, PC Technician
Department of Social Services, Processing Assistant III
Department of Soil and Water Conservation, Conservation Tech.
Department of Cooperative Extension, Agricultural Extension Agent
Ms. Carol Turner, representing the Soil and Water Conservation District addressed the Board to request that the Soil and Water Conservation Department’s Soil and Water Technician open position be allowed to be filled. Ms. Turner explained that the Soil and Water Technician was responsible for working with residents of the Watauga County farming community who had applied for funding to assist with farm improvement projects. Ms. Turner stated that currently several individuals’ contract applications had been approved and were waiting for assistance.
Following discussion, Commissioner Sweeting requested that Ms. Turner provide follow up information for Board consideration at the next regular meeting.
Boards & commissions
Mr. John Brubaker will complete his sixth consecutive year of service June 30, 2002 on the Watauga County Economic Development Commission, therefore making him ineligible for reappointment and an appointment.
Ms. Sue Wilmoth’s first three-year term will expire June 30, 2002 on the Watauga CountyEconomic Development Commission reappointment was needed to be made prior to the expiration date.
Commissioner Sweeting, seconded by Commissioner Lawrence moved to appoint Mr. Larry Hughes and reappoint Ms. Sue Wilmoth to the Watauga County Economic Development Commission effective June 30, 2002.
VOTE: Aye – 5
Nay – 0
MISCELLANEOUS ADMINISTRATIVE MATTERS
Several miscellaneous administrative matters had been distributed for the Board’s information and review. No Board action was required.
Public comment
The following individuals addressed the Board during public comment:
Mr. Joe Shannon
Mr. David Helm
Mr. Bill Edmisten
Mr. Dale Hayes
Ms. Deborah Greene
Ms. Jackie Vines
CLOSED SESSION
Commissioner Wilkie, seconded by Commissioner Lawrence moved to enter closed session at 10:09 P.M. to discuss Land Acquisition – GS 143-318.11 (a)(5)(i).
VOTE: Aye – 5
Nay – 0
Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to resume the open meeting at 10:45 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to adjourn the meeting at 10:45 P.M.
VOTE: Aye-5
Nay-0
Jimmy Hodges, Chairman
ATTEST:
Darcy Moore, Substitute Clerk to the Board