MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, AUGUST 5, 2002
The Watauga County Board of Commissioners held a regular meeting on Monday, August 5, 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
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 9:01 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 1, 2002 regular meeting minutes and the July 1, 2002 closed session minutes.
Commissioner Sweeting requested that under Approval of the Minutes in the July 1, 2002 meeting minutes the June 18, 2002 regular meeting minutes should reflect that petitions with five hundred and one (501) signatures received during the Public Hearing were in support of the Scenic Byway designation of the new Hwy 421.
Commissioner Sweeting stated that under the first Ambulance Service Litigation section the Mediator’s name was Mr. Emmitt McCall not Mr. Emmitt Lewis.
Commissioner Sweeting requested a typo be corrected under the second Ambulance Service Litigation section the word medication should be mediation.
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to approve the July 1, 2002 regular meeting minutes as amended and the July 1, 2002 closed session minutes as presented.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
APPROVAL OF AGENDA
County Manager Nelson requested to add to the agenda after item # 10 a Proposal for Waterline Replacement at the Human Services Building. The County Manager also requested to add under miscellaneous matters after item D and before item E a Draft Resolution Opposing House Bill 1509.
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to approve the August 5, 2002 agenda as amended.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
COMMUNITY BASED HOUSING TASK FORCE REPORT
Mr. Scott Eggers, Chairman of the Community-Based Housing Task Force, reported on the progress of the Task Force. The Task Force held a two-day focus group workshop in May 2002, which was prepared by group facilitator Dr. Garry V. Cooper, AICP, of Appalachian State University.
Mr. Eggers stated that the Task Force looked at the relationship between Available, Affordable, and Adequate (AAA) Housing and employment, economy, community diversity, infrastructure, and quality of life. Mr. Eggers stated that there was no one solution to the housing affordability problem within Watauga County. The County had the third highest real estate market in the State however; local incomes were at 80% of the State medium average. Mr. Eggers reported that the facilitator laid out three scenarios for consideration: the no action effect, the survival mode, and great expectations. Mr. Eggers stated that four functional teams were formed to begin work on the nine action steps that were formed during the workshop. The Task Force planned to meet again on August 28 to receive reports from the four teams.
No Board action was required and none was taken.
DRAFT ORDINANCE TO REGULATE HIGH IMPACT LAND USES
Mr. Ric Mattar, Chairman of the Watauga County Planning Board, presented a Draft Ordinance to Regulate High Impact Land Uses that was certified by the Planning Board on July 29, 2002 by a six to one vote. After a brief review of the draft ordinance, Mr. Mattar, requested that the Board consider scheduling a work session for a more thorough review of the draft ordinance as well as to review methods for encouraging citizen input prior to the required public hearing if the Board chose to consider adopting the Ordinance.
Commissioner Sweeting requested that staff research the cost of mailing a copy of the draft ordinance to each household in Watauga County.
Chairman Hodges requested to research the cost of having the draft ordinance published in the newspaper.
County Manager Nelson stated that he would check on the cost of the above requests and report back to the Board at their next meeting.
The Board, by consensus, set a joint meeting with the Watauga County Planning Board for Monday, September 16, 2002, at 5:30 P.M.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
RECOMMENDATION FOR BID AWARD – REGISTER OF DEEDS’ INTEGRATED LAND RECORDS SYSTEM
Ms. Wanda Scott reviewed bids received for the computer software upgrades to the records management system in the Register of Deed’s Office. Ms. Scott stated that the three lowest bids came from the following: Mackin Imaging Systems ($98,610.00), Ultima Group ($103,450.00), and American Cadastre, LLC (AmCad) ($123,100.00).
Ms. Scott stated that the Mackin Imaging bid only reflected software in addition to the Register of Deeds’ current system and would not be a fully integrated system. Ms. Scott stated that their service was not good and cost too much overall.
Ms. Scott stated that the bid from the Ultima Group deviated so far from the request for bids that she was not sure that they were a valid responder.
Therefore, Ms. Scott found American Cadastre, LLC (AmCad) to have submitted the most appropriate proposal. She reviewed her recommendation to the Board stating that AmCad fully met and exceeded the requirements of the request for bids. Ms. Scott stated that the AmCad contract would be for $123,100 to be paid in two installments: $70,000 in FY 2003 (included in current budget) and $53,100 in FY 2004.
Ms. Scott stated that the AmCad proposal would complete the final phase of the Register of Deed’s computerization program. The new system would replace three vendors with one vendor and at the same time incorporate the front-end cashiering system into the overall computerized process. The system, when installed, would vastly improve both efficiency of operation and customer service.
Commissioner Sweeting, seconded by Commissioner Lawrence, moved to award AmCad the bid and gave Ms. Scott acceptance to move forward with the contract contingent upon the County Attorney’s approval.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
PROPOSAL FOR TRANSFER STATION REPAIRS
Mr. J.V. Potter reviewed a proposal from GC Construction to complete repairs, due to the recent fire, at the Transfer Station. The amount of the proposal was $69,969 and would include replacing damaged steel wall panels, rewiring the lights and the roof exhaust fans, as well as replacing three roof exhaust fans, pressure washing, cleaning, priming and painting the ceiling and interior walls.
Mr. Potter stated that the insurance company, who would pay for this repair, had recommended the County contract with GC Construction, which was the original contractor for the facility. Local policy requires three bids be solicited when the amount is over $15,000. In requesting to award the contract to GC Construction, Mr. Potter requested the local policy be waived on the advice of the insurance company who was the responsible party for payment of this contract.
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to waive the local policy and approve the bid from GC Construction contingent upon the County Attorney’s Approval.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
DEPARTMENT OF SOCIAL SERVICES MATTERS
A. Temporary Social Worker Contract Request – Mr. Jim Atkinson, Director of Watauga County Department of Social Services, requested to contract for a part-time social worker through Vanguard Professional Staffing. A vacancy existed due to Rosalyn Thompson, DSS Supervisor, taking an approved extended leave without pay to complete the third year of her MSW program. Mr. Atkinson stated that contracting with a temporary staffing service would allow for the placement of a trained and experienced social worker at a comparable cost than going through the hiring and training process of a temporary employee.
Commissioner Sweeting, seconded by Vice-Chairman Coffey, moved to approve the contract from Vanguard Professional Staffing contingent upon approval of the County Attorney.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
B. Work First County Plan 2003-2005 – Mr. Atkinson reviewed the need to update the County’s Work First Plan for 2003-2005 and stated that as in past years the County could choose to be a standard or electing county. Watauga County had chosen to be a standard county since the inception of the program and Mr. Atkinson advised the Board again choose the standard designation. Mr. Atkinson reviewed the recommended list of committee members to update the Plan that needed to be submitted to the State by November 1, 2002. Those members and the agency they represent were as follows:
Mr. Robert E. Nelson, Jr. Watauga County Manager/County Board of Commissioners
Mr. Jim Atkinson, Chair Director, Watauga County DSS/Board of Social Services
Mr. Don Suggs New River Area Mental Health
Ms. Carol Deal Watauga County Board of Education
Mr. Rob Holton Local Business Man
Mr. Lonnie Jones Employment Security Commission
Dr. John Turner Appalachian State University – Social Work Department
Ms. Pat Coley AppalCART Board of Directors
Ms. Shirlee Gaines Edwards Watauga County Children’s Council/United Way
Ms. Carole Coates Region D Council of Governments
Dr. Ken Boham Caldwell Community College
Mr. David Triplett Appalachian District Health Department Board of Directors
Mr. Ken Boaz Faith Community/Ministerial Association
Commissioner Lawrence, seconded by Commissioner Sweeting, moved to choose the standard designation under the Work First Plan as presented by Mr. Atkinson.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to waive the local policy of reading nominations to Boards two meetings before being voted on and moved to appoint the Work First Planning Board as presented.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
SUBDIVISION PERFORMANCE GUARANTEE
Mr. Joe Furman, Planning and Inspections Director, presented a Subdivision Performance Guarantee for Echota Phase II Estates Townhouses. Mr. Furman stated that water and sewer had been done and paving was all that was left. The Guarantee was in the form of an official check in the amount totaling the contractor’s estimate plus 20%.
Commissioner Lawrence, seconded by Commissioner Sweeting, moved to approve the subdivision performance guarantee.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
PROPOSED JOB LINK APPRECIATION WEEK PROCLAMATION
Mr. David Matheny, JobLink Management Team Chair, reviewed a proposed proclamation declaring the week of September 2-7, 2002 as JobLink Appreciation Week.
Commissioner Sweeting, seconded by Vice-Chairman Coffey, moved to adopt the proclamation as presented.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
PROPOSAL FOR WATERLINE REPLACEMENT AT THE HUMAN SERVICE BUILDING
Mr. Robert Marsh, Maintenance Supervisor, stated that the grading contractor for the new health department building accidentally cut into the 6” asbestos cement waterline that serves the Human Services Building and Appalachian Enterprise Center. Mr. Marsh stated that the line was immediately repaired but needed to be moved in order for the contractor to proceed with the installation of the storm water containment system and utility lines.
Mr. Marsh stated that he had proposals from Iron Mountain Construction and Wishon and Carter Builders, Inc for the replacement of the existing waterline. Mr. Marsh recommended approaching the project as a capital improvement project and contracting with the low bidder, Wishon and Carter, Inc. for the construction of the new waterline.
Ms. Doris Isaacs, Finance Director, stated that there were funds in the contingency budget for this project.
Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to accept the proposal from Wishon and Carter for the replacement of the waterline as presented by Mr. Marsh.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Discussion of the September 2nd Meeting – County Manager Nelson stated that the first Monday in September was Labor Day, which was a scheduled State and local holiday. The County Manager stated that historically the Board meeting scheduled for the first Monday was rescheduled to the following Tuesday.
Commissioner Lawrence, seconded by Commissioner Sweeting, moved to change the Board’s September 2, 2002 regular meeting date to September 3, 2002 at 9:00 A.M.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
B. Selection of a Voting Delegate for NCACC Annual Conference – County Manager Nelson announced that the NCACC annual conference was scheduled in Forsyth County for August 23 through 25, 2002 and stated that the Board needed to appoint a voting delegate for the Conference.
Commissioner Lawrence, seconded by Chairman Hodges, moved to elect Vice-Chairman Coffey as the Watauga County Delegate to the NCACC Annual Conference.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
C. Discussion of Scheduling Work Session for Ordinance Review – County Manager Nelson stated that at the last work session reviewing the Junked Cars and Solid Waste Ordinances, there was consensus of the Board that additional work session/s would be required. The County Manager requested direction from the Board in scheduling a work session for continued work on these two ordinances.
By consensus, the Board scheduled a work session to continue work on the Junked Cars and Solid Waste Draft Ordinances on Monday, August 19, 2002 at 5:30 P.M. in the Manager’s Conference Room.
D. Boards and Commissions – County Manager Nelson stated that the AppalCART Board had six members (Mr. Jerry Moretz, Ms. Jane Helm, Ms. Pat Coley, Ms. Deanna McGinnis, Mr. Barry Sauls, and Mr. Donald Ray) whose terms expired. The Advisory Board recommended that those members be reappointed.
The Watauga County Council on the Status of Women had one member, Ms. Sherrie Norris, whose term expired. The Advisory Board recommended that Ms. Norris be reappointed for a three-year term.
The Watauga County Library Board of Trustees had one member, Ms. Dot Barker, whose term expired. The Advisory Board recommended that Ms. Barker be reappointed for a four-year term.
The Town of Boone Board of Adjustment had two positions open due to Ms. Debbie Grant’s and Ms. Karen Byerly’s terms expiring. Ms. Grant did not wish to serve again and Ms. Byerly, who was an alternate, wished to serve as a regular member. The Boone Town Council recommended that Ms. Karen Byerly be appointed as a regular ETJ member and Mr. Jim Sanders be appointed as the alternate ETJ member.
The Town of Boone Planning Commission had two positions open due to Mr. Jerry Williamson’s term expiring and Mr. Jamey Hodges’ resignation. Mr. Williamson did not wish to serve again. The Boone Town Council recommended that Ms. Mary (Bo) Bolick and Ms. Gail Turner be appointed as ETJ members to the Planning Commission.
This was the first reading of the above recommendations and therefore no action was required until the next meeting.
Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to waive the local policy of reading nominations to Boards two meetings before being voted on. and moved to appoint the above as presented.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
E. Draft Resolution Opposing House Bill 1509 – County Manager Nelson presented a draft resolution opposing House Bill 1509 which was entitled An Act To Clarify The Sales And Use Tax Exemption Regarding Certain Agricultural Substances, To Make Various Administrative Changes In The Tax Laws, And To Exempt From Property Tax Educational Property Held By A Nonprofit In Trust For A Public Or Private University Located In North Carolina.
The County Attorney stated that the Bill would not be retroactive but could affect the current year tax appeal of University Highlands and any future appeals made by University Highlands.
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to adopt the Resolution Opposing House Bill 1509.
Commissioner Sweeting stated that she was not comfortable adopting the resolution without a copy of the House Bill in front of her to review.
VOTE: Aye-3 (Hodges, Coffey, Lawrence)
Nay-1 (Sweeting)
Absent-1 (Wilkie)
F. Announcements – The County Manager stated that the Department of Transportation would hold a Public Hearing on August 26, 2002, at 7:00 P.M., at the Blowing Rock Assembly Grounds Gymnatorium. The Public Hearing would be on Alternate Locations for Proposed Improvements to US 321 covering an Area from Blackberry Road South of Blowing Rock to Aho Road North of Blowing Rock (R-2237C).
The County Manager gave a report on the current status of the half penny local option sales tax legislation.
The County Manager stated that the Region D Annual Banquet would be held on Friday, September 6, 2002, at Chetola Resort with the Reception beginning at 6:00 P.M. The County Manager asked that Board members please inform the Clerk to the Board if wishing to attend.
VINES’ LAWSUIT
County Attorney Hedrick stated that Watauga County was named in a lawsuit by Jack and Nell Vines. He stated that the County expected to be named in a similar suit by Ms. Doris McNeill a neighbor of the Vines’. The County Attorney stated that many of the claims were not against the County but in fact against the other listed defendants.
CLOSED SESSION
At 10:22 A.M., Commissioner Sweeting, seconded by Vice-Chairman Coffey, moved to enter Closed Session to discuss Attorney/Client Matters, per G.S. 143-318-11(a)(3) concerning the Vines and McNeill Lawsuits and to discuss Land Acquisition, per G.S. 143-318.11(a)(5)(i).
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to resume the open meeting at 10:46 A.M.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
ADJOURN
Commissioner Lawrence, seconded by Commissioner Sweeting, moved to adjourn the meeting at 10:46 A.M.
VOTE: Aye-4 (Hodges, Coffey, Lawrence, Sweeting)
Nay-0
Absent-1 (Wilkie)
Jimmy Hodges, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board