MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, JULY 1, 2002
The Watauga County Board of Commissioners held a regular meeting on Monday, July 1, 2002 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 J. Fogle, Clerk to the Board
Chairman Hodges called the meeting to order at 9:05 A.M. welcoming those in attendance.
A moment of silence was observed.
APPROVAL OF MINUTES
Chairman Hodges called for additions or corrections to the May 29, 2002 special meeting minutes, May 30, 2002 special meeting minutes, June 18, 2002 regular meeting minutes, and the June 18, 2002 closed session minutes.
Commissioner Sweeting requested that the June 18, 2002 regular meeting minutes reflect that petitions with five hundred and one (501) signatures were received during the Public Hearing in favor of the Scenic Byway designation of the new Hwy 421.
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to approve the May 29, 2002 special meeting minutes, May 30, 2002 special meeting minutes, and June 18, 2002 closed session minutes as presented, and the June 18, 2002 regular meeting minutes as amended.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Commissioner Wilkie requested to discuss the closed session Attorney/Client matter regarding the Watauga Ambulance Lawsuit in open session. County Attorney Hedrick stated that the statutes allowed the discussion to be held in closed session.
After discussion, Commissioner Wilkie agreed to conduct the matter in closed session.
Commissioner Sweeting, seconded by Vice-Chairman Coffey, moved to approve the July 1, 2002 agenda as presented.
VOTE: Aye-5
Nay-0
PUBLIC HEARING – HALF (½) CENT LOCAL OPTION SALES TAX
Chairman Hodges declared the public hearing open at 9:14 A.M. to allow for comment on the half (½) cent local option sales tax.
Vice-Chairman Coffey stated that the July 2003 levy would be null and void upon the adoption of this Resolution and that the County would start receiving money in August 2002.
County Manager Nelson stated that the Board did not have the authority to adopt the Resolution before the House of Representatives did so. However, in order to begin receiving funds by August 2002 it must be adopted by July 15, 2002. The County Manger recommended recessing the current meeting until July 15, 2002 at which time a decision could be made.
After discussion, the Board agreed by consensus to recess the current meeting after the work session till July 11, 2002 at 7:00 P.M.
There being no public comment, Chairman Hodges declared the public hearing closed at 9:22 A.M.
WATAUGA MEDICS CONTINUATION REQUEST
Mr. Craig Sullivan, Director of Watauga Medics, requested to continue the additional daytime EMS crew for an additional six months at the same rate ($6,189.29 per month) that the County is currently paying to supplement this additional crew.
County Manager Nelson recommended that this be approved for an additional three months to again be evaluated October 1, 2002 at which time more data would be available regarding collections and the possible effect on the amount of subsidy required for this additional crew.
Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to approve the continuation of the additional daytime EMS crew for an additional three months at the rate of $6,189.29 per month.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Collections Report – Tax Administrator, Kelvin Byrd, presented the Tax Collections Report for the month of June 2002.
B. Refunds & Releases – Tax Administrator Byrd presented the following Refunds and Releases for June 2002 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Sweeting, seconded by Commissioner Lawrence, moved to approve the Refunds and Releases Report as presented.
VOTE: Aye-5
Nay-0
FIRE MARSHAL/EMERGENCY MANAGEMENT MATTERS
A. E911 Answering Station Upgrade – Mr. Joe Furman, Planning and Inspections Director, requested to purchase software to upgrade the County’s 911 answering stations at the Sheriff’s Department. The upgrade was for three (3) systems that would improve the overall operation of the 911 Center and make it more accessible for those who are hearing impaired. The system would also include a 20-minute instant recall of phone conversations and provide storage for 1000 numbers of caller ID for administrative (non-emergency) phone lines.
Mr. Furman stated that NC G. S. 143-129 allowed counties to purchase software without a formal bidding process when the purchase must be made in order to assure a standardization and compatibility with an existing system, as was the case with this particular vendor. The existing equipment was POSITRON LIFE LINE provided by Sprint. The proposed equipment, the SIMON, also a POSITRON product made to easily integrate with the LIFE LINE. $59,756.16, was to be taken from the 911 surcharge funds that were earmarked for these purchases.
Commissioner Wilkie, seconded by Vice-Chairman Coffey, moved to approve purchase of the E911 answering station upgrade software as presented.
VOTE: Aye-5
Nay-0
B. NC Mutual Aide Agreement – Ms. Lisa Danner, Fire Marshal/Emergency Management Director, discussed North Carolina Mutual Aide Agreement. Ms. Danner stated that this would allow for mutual aide between Watauga County and the other 99 counties in the state if adopted in the event of disasters such as flooding, fires, earthquakes, etc. Approval of the agreement would also make Watauga County eligible for application for any domestic preparedness grant monies that became available.
County Attorney Hedrick stated that the agreement was well written in which there was control as well as responsibility. The County Attorney questioned as to if the County’s insurance coverage would be effective out of County.
Commissioner Sweeting, seconded by Vice-Chairman Coffey, moved to approve the North Carolina Mutual Aide Agreement contingent upon the County’s insurance coverage being effective out of County.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Boards and Commissions – County Manager Nelson stated the Watauga County Farmland Preservation Advisory Board had two members (Mr. Steve Stanley and Mr. Johnny Moretz) whose terms expired. The Advisory Board recommended that Mr. Steve Stanley and Mr. Johnny Moretz be reappointed for three-year terms.
Commissioner Wilkie, seconded by Commissioner Sweeting, moved to appoint Mr. Steve Stanley and Mr. Johnny Moretz to the Watauga County Farmland Preservation Advisory Board.
VOTE: Aye-5
Nay-0
B. Announcements – County Manager Nelson announced that the NCACC annual conference was scheduled in Forsyth County for August 23 through 25, 2002. Board members wishing to attend needed to contact Ms. Anita Fogle, Clerk to the Board, by Friday, July 5, 2002 in order to confirm reservations at the sponsoring hotel and register for the conference.
The County Manager also stated that the Board was to appoint a voting delegate for the NCACC Annual Conference. After discussion, the Board agreed to vote on a delegate at the August 5, 2002 regularly scheduled meeting.
C. Rural Internet Access Authority Request for Proposal – County Manager Nelson stated that the Rural Internet Access Authority was issuing a Request for Proposal (RFP) soliciting supply-side and demand-side proposals to continue to accomplish the goal of comparably priced, high-speed Internet access in rural North Carolina. The County Manager stated that ARDI would write a proposal on behalf of Watauga County to request $75,000 to assist the County with software and equipment acquisition, training, and data conversion for the implementation of GIS in the tax department. In addition the proposal would include research on the use of online payments and include a development and implementation plan should the County decide to pursue the use of online payments.
Commissioner Wilkie, seconded by Commissioner Lawrence, moved to allow ARDI to respond to the RFP on behalf of the County.
VOTE: Aye-5
Nay-0
D. Discussion of the July 2nd Meeting – County Manager Nelson stated that traditionally the Board of County Commissioners has cancelled the second meeting in July. The reason for the historical cancellation was the number of meetings and special sessions required for Board of Equalization and Review and for Budget preparation during the month of June each year. Also, due to the beginning of the new fiscal year, requested agenda items for consideration were limited
Commissioner Lawrence, seconded by Commissioner Sweeting, made a motion to cancel the second meeting in July.
VOTE: Aye-5
Nay-0
CLOSED SESSION
At 9:45 A.M., Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to enter Closed Session to discuss Attorney/Client Matters, per G.S. 143-318-11(a)(3) concerning Ambulance Service Litigation.
VOTE: Aye-5
Nay-0
Commissioner Wilkie, seconded by Commissioner Sweeting, moved to resume the open meeting at 10:50 A.M.
VOTE: Aye-5
Nay-0
WORK SESSION ON JUNKED CARS AND SOLID WASTE ORDINANCES
At 10:50 A.M., Commissioner Sweeting, seconded by Commissioner Lawrence, moved to relocate the meeting to the Manager’s Conference Room for a work session on junked cars and solid waste ordinances.
VOTE: Aye-5
Nay-0
The Board reviewed and worked on revising updated drafts of junked cars and solid waste ordinances.
RECESS
At 12:43 P.M., Commissioner Wilkie, seconded by Commissioner Sweeting, moved to recess the meeting until 7:30 P.M. on July 11, 2002 to consider the half (½) cent local option sales tax and to continue the work session on junked cars and solid waste ordinances.
VOTE: Aye-5
Nay-0
The Board reconvened at 7:30 P.M. in the Board Room of the Watauga County Courthouse with Chairman Hodges, Vice-Chairman Coffey, Commissioners Lawrence, Sweeting, and Wilkie, the County Manager, Assistant County Manager, County Attorney, and Clerk to the Board present.
Chairman Hodges called the meeting to order at 7:32 P.M.
AGENDA AMENDMENT
Chairman Hodges called for any amendments to the agenda.
County Manager Nelson requested to amend the agenda to include a closed session for attorney/client matters regarding pending litigation per G.S. 143-318.11(a)(3) regarding Ambulance Service Litigation and an open session item for discussion and possible action regarding the ambulance service litigation. The County Manager also stated that County Attorney Hedrick requested to add an open session item for discussion regarding House Bill 1509 which was introduced to redefine Exempt Property.
Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to amend the agenda as requested by the County Manger.
VOTE: Aye-5
Nay-0
HALF (½) CENT LOCAL OPTION SALES TAX
County Manger Nelson stated that he had received a fax from Mr. C. Ron Aycock, NCACC, regarding the local option sales tax. The fax stated that NCACC had worked hard to secure commitments from members of The House to support the stand alone sales tax. They had the support of The House leadership and the majority of Democratic members of the House. They were attempting to enlist the support of approximately 20 Republican House members for the accelerated local option sales tax proposal. Several Republican legislators had told them that they would give support unless the issue became subject to a vote in the House Republican caucus. If the sales tax proposal became a “caucus issue” those votes would be lost.
Vice-Chairman Coffey encouraged calls to the Legislators to encourage support of the sales tax.
County Manager Nelson stated that if adopted the tax would not go into effect until August 15, 2002 or September 1, 2002 and therefore further action by the Board of Commissioners could occur at their regularly scheduled August 5, 2002 meeting.
EXEMPT PROPERTY BILL (HOUSE BILL 1509)
County Attorney Hedrick reviewed for the Board the progress of the University Courtyard Tax Appeal. Mr. Hedrick stated that University Courtyard had applied for tax exemption of which then Tax Assessor McLean denied. University Courtyard then came before the Board of Commissioners seated in a quasi judicial capacity to request tax exemption and was again denied. University Courtyard has appealed this denial to the Property Tax Commission and has applied for tax exemption again this year through Tax Assessor Byrd.
The exemption was denied due in part because it was not proven that the property was under ownership of the State.
County Attorney Hedrick stated that changes have been presented to House Bill 1509 Section 5(a)(1) which, if adopted, would read as follows:
a. An educational institution.
b. A nonprofit entity in trust for the sole benefit of a constituent or affiliated institution of the University of North Carolina.
The revisions were before the Senate Finance Committee.
Commissioner Sweeting requested a list of all members of the Senate Finance Committee and their e-mail addresses.
CLOSED SESSION
At 7:46 P.M., Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to enter Closed Session to discuss Attorney/Client Matters, per G.S. 143-318-11(a)(3) concerning Ambulance Service Litigation.
VOTE: Aye-5
Nay-0
Commissioner Wilkie, seconded by Commissioner Sweeting, moved to resume the open meeting at 8:43 P.M.
VOTE: Aye-5
Nay-0
AMBULANCE SERVICE LITIGATION
County Attorney Hedrick announced that there had been a mediation in Winston-Salem regarding the Ambulance Service Litigation. The County Attorney stated that the Mediator, Mr. Emmitt McCall, filed a report stating that mediation was settled. County Attorney Hedrick stated that the report was erroneous and therefore would be corrected. The County Attorney stated that as far as he was aware the mediation was still on going.
WORK SESSION ON JUNKED CARS AND SOLID WASTE ORDINANCES
The Board reviewed drafts of revised junked cars and solid waste ordinances.
RECESS
At 10:30 P.M., Chairman Hodges, by consensus of the Board, recessed the meeting until 12:30 P.M. on July 12, 2002 to continue the work session on junked cars and solid waste ordinances and other business that may arise.
VOTE: Aye-5
Nay-0
The Board reconvened at 12:30 P.M. in the Manager’s Conference Room with Chairman Hodges, Vice-Chairman Coffey, Commissioners Lawrence, Sweeting, and Wilkie, the County Manager, Assistant County Manager, County Attorney, and Clerk to the Board present.
AGENDA AMENDMENT
Chairman Hodges called for any amendments to the agenda.
County Attorney Hedrick stated that he had additional information concerning Ambulance Service Litigation.
Commissioner Wilkie, seconded by Commissioner Lawrence, moved to amend the agenda to add a Closed Session to discuss Attorney/Client Matters, per G. S. 143-318-11(a)(3) concerning the Ambulance Service Litigation.
VOTE: Aye-5
Nay-0
RECESS
At 12:43 P.M., Chairman Hodges, by consensus of the Board, recessed the meeting for a brief break.
VOTE: Aye-5
Nay-0
The Board reconvened at 12:50 P.M.
CLOSED SESSION
At 12:50 P.M., Commissioner Sweeting, seconded by Commissioner Lawrence, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318-11(a)(3) concerning Ambulance Service Litigation.
VOTE: Aye-5
Nay-0
Commissioner Wilkie, seconded by Commissioner Sweeting, moved to resume the open meeting at 12:56 P.M.
VOTE: Aye-5
Nay-0
WORK SESSION ON JUNKED CARS AND SOLID WASTE ORDINANCES
County Attorney Hedrick offered information regarding the revised junked cars and solid waste ordinances. The County Attorney was directed by the Board to contact the Department of Environment and Natural Resources, to make a list of restrictions in the revised ordinances that could be removed, and to continue to research about penalties going to the School Board.
The Board agreed to set a date at their regularly scheduled August 5, 2002 meeting for another work session to continue the work session on junked cars and solid waste ordinances.
RECESS
At 1:12 P.M., Chairman Hodges, by consensus of the Board, recessed the meeting for a brief break.
VOTE: Aye-5
Nay-0
The Board reconvened at 1:32 P.M.
AMBULANCE SERVICE LITIGATION
County Attorney Hedrick announced that there had been a settlement in the Ambulance Service Litigation. The settlement read as follows:
“The parties hereto, hereby stipulate and agree to a full and final settlement of all claims of the Plaintiffs. The Plaintiffs hereby agree(s) to execute general releases and to file a Notice of voluntary Dismissal With Prejudices. Each of the parties hereto shall bear his/her/their/its own attorney’s fees, costs and pro rata share of the mediation conference. The parties further stipulate and agree to the following special conditions of settlement to wit:
1. County agrees to take no further action regarding citation or alleged violations of the franchise agreement or citation and agrees to release and dismiss plaintiff from all charges.
2. The final settlement agreement will be part of an open scheduled meeting of the Board of County Commissioners.
3. Defendant shall pay the cost of the mediation after 1:00 P.M.
The parties agree and consent to the Court entering and enforcing an order based on this agreement.”
The County Attorney stated that all Closed Session minutes regarding Ambulance Service Litigation would be open to the public but not until a time which the Board approves all minutes of closed sessions involving the case.
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to accept the agreement as stated above.
VOTE: Aye-4(Hodges, Coffey, Lawrence, Wilkie)
Nay-0
Abstain-1(Sweeting)
ADJOURN
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to adjourn the meeting at 1:36 P.M.
VOTE: Aye-5
Nay-0
Jimmy Hodges, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board