MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 17, 2002
The Watauga County Board of Commissioners held a regular meeting on Tuesday, September 17, 2002 at 7:00 P.M. in the Large Courtroom 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 7:02 P.M. welcoming those in attendance.
A moment of silence was observed.
APPROVAL OF MINUTES
Chairman Hodges called for additions or corrections to the September 3, 2002 regular meeting and closed session minutes.
Vice-Chairman Coffey, seconded by Commissioner Sweeting, moved to approve the September 3, 2002 regular meeting and closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Hodges called for additions or corrections to the September 17, 2002 agenda.
County Manager Nelson requested to make two additions to the agenda. First, under announcements, the County Manager requested to add a request for direction on an addition to the September 23, 2002, Work Session agenda. Secondly, the County Manager requested to add a land acquisition item to the already scheduled closed session per G. S. 143-318.11(a)(5)(i).
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to approve the September 17, 2002 agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT
A public hearing was opened at 7:05 P.M. to allow citizen input on the Community Development Block Grant (CDBG) for scattered site home rehab in Watauga County.
Ms. Rebecca Bloomquist, Community Development Planner with Region D Council of Governments, stated that the CDBG Scattered Site funds were intended to benefit low-income persons through rehabilitation of owner occupied substandard housing.
There being no public comment, Chairman Hodges declared the public hearing closed at 7:09 P.M.
No Board action was required and none was taken.
TEEN CENTER COMMITTEE SURVEY RESULTS
Dr. Bill Horn, Recreation Taskforce Chairman, introduced Mr. Kip Cozart of CC Communications, Inc., who reviewed results of a survey which determined the interest and needs of County teenagers relevant to recreational opportunities and the possible need for a teen center.
The report was for information only. No Board action was required and none was taken.
PROPOSED PROCLAMATION – EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES
Mr. Michael Maybee, President of Watauga Opportunities, Inc., presented a proposed proclamation naming October as “Employment for Individuals with Disabilities” Month in Watauga County.
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
SCENIC HIGHWAY DISCUSSION
Mr. Joe Furman apologized for an omission in information given to the Board in 2000 when the Doc and Merle Watson Highway was designated as a scenic highway. County Attorney Hedrick stated that a scenic highway is designated locally and that a scenic byway is designated by the State. The County Attorney stated that the Watauga County Board of Commissioners designated the Doc and Merle Watson Highway as a scenic highway in 2000 and that designation legally stands.
Per Board instructions, six citizens were scheduled to speak for 5 minutes each; 3 in favor of the designation and 3 opposed to the designation.
Mr. Brad Moretz, Ms. Lila Phillips, and Ms. Deborah Greene spoke in opposition to the scenic highway designation and requested that Board rescind the resolution from 2000 designating the Doc and Merle Watson Highway as scenic.
Mr. Phil Minor, Ms. Susan Phipps, and Ms. Velma Burnley spoke in support of keeping the scenic highway designation.
No Board action was required and none was taken.
HEILIG-MEYERS RENOVATION DISCUSSION
Mr. Randy Jones reviewed his proposal for renovation of the Heilig-Meyers Warehouse property and compared the renovation cost to new construction cost as related to the lifetime usability of the building. It would be substantially less expensive to renovate the existing building as compared to new construction, however; the lifetime usefulness of a renovated building would be less than that of new construction. Mr. Jones stated that the thirty-five to forty year projected usefulness of a renovated structure would more than likely meet or exceed the lifetime usefulness of the courthouse and surrounding buildings currently in the County complex.
By consensus, the Board agreed to review the information more thoroughly prior to making a decision at a future meeting.
ARCHITECT SELECTION FOR TRANSFER STATION AND BROOKSHIRE ROAD PARK
Assistant County Manager Geouque reviewed the selection process for architectural services for the planned Transfer Station and Brookshire Road Park.
Assistant County Manager Geouque recommended that the County enter into negotiations with Municipal Engineering for architectural and engineering services for the Brookshire Road Park.
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to enter into negotiations with Municipal Engineering for architectural and engineering services for the Brookshire Road Park.
VOTE: Aye-5
Nay-0
Mr. Geouque recommended that the County enter into negotiations with Draper Aden Associates to provide engineering and architectural services for the transfer station.
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to enter into negotiations with Pinnacle Architecture, P.A. to provide engineering and architectural services for the transfer station.
VOTE: Aye-2 (Sweeting, Wilkie)
Nay-3 (Hodges, Coffey, Lawrence)
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to enter into negotiations with Draper Aden Associates to provide engineering and architectural services for the transfer station.
VOTE: Aye-3 (Hodges, Coffey, Lawrence)
Nay-2 (Sweeting, Wilkie)
DEPARTMENT OF SOCIAL SERVICES LEGAL SERVICES REQUEST
Mr. Jim Atkinson reported that he was unable to fill the three-quarter time vacant staff attorney position for the Department of Social Services. In the interim, since the last attorney resigned, Social Services contracted with Ms. Rebecca Eggers-Gryder to provide the required services in that she was the most experienced attorney in DSS matters.
Mr. Atkinson stated that the County Manager recommended the DSS attorney revert to a Board appointed position. After soliciting responses from local attorneys, Mr. Atkinson received four responses for legal services as follows: Robert West, Rob Angle, Rebecca Eggers-Gryder, and Claude Smith.
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to appoint Claude Smith as the Watauga County DSS Attorney.
VOTE: Aye-2 (Sweeting, Wilkie)
Nay-3 (Hodges, Coffey, Lawrence)
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to appoint Rebecca Eggers-Gryder as the Watauga County DSS Attorney until the first Board meeting in December at which time an annual appointment would be made.
VOTE: Aye-3 (Hodges, Coffey, Lawrence)
Nay-2 (Sweeting, Wilkie)
US DEPARTMENT OF JUSTICE FUNDING
Ms. Lisa Danner, Fire Marshal/Emergency Management Director, reported on anti-terrorism funds that the County was due to receive from the US Department of Justice in the amount of approximately $28,000. Ms. Danner requested the Commissioners appoint an ad hoc committee made up of representatives of the police and sheriff’s departments, rescue squads, and Watauga Medics to develop a plan for spending these funds. After development, the plan would be submitted to the Board of Commissioners for final approval.
Recommended Committee Members were as follows:
NAME REPRESENTING
Lisa Danner Watauga County Fire/EM
Charles Danner Watauga County Sheriff’s Department
Craig Sullivan Watauga Medics
Randy Collins Watauga Rescue Squad
Marcus Hickman Blowing Rock Rescue Squad
Shane Robbins Blowing Rock Police Department
Tom Redmond Boone Police Department
Commissioner Wilkie, seconded by Commissioner Sweeting, moved to appoint the members presented to the committee to develop a plan for spending anti-terrorism funds that the County would receive from the US Department of Justice.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Clarification of Spiritual Center of America Appeal – County Manager Nelson announced that after the closed session prior to the end of the last Board meeting on September 3, 2002, the Board voted to appeal the most recent ruling from the Court of Appeals regarding the Spiritual Center of America to the North Carolina Supreme Court and that furthermore the County would retain the same attorneys of record. The vote on a motion by Commissioner Lawrence and seconded by Vice-Chairman Coffey was unanimous (5-0).
B. Discussion of October Meeting Date – County Manager Nelson stated that the October Board meetings were currently scheduled 8 days apart. The first Monday was October 7 and the third Tuesday was the following week, October 15. The Manager stated an option was to reschedule the second October meeting to Tuesday, October 22, 2002.
By consensus, the Board, agreed to leave the second meeting date on October 15, 2002, due to conflicts in schedules on October 22.
C. Charter Communications Rate Increase – County Manager Nelson stated that Mr. Tony Barlage of Charter Communications notified him of a $4.00 increase on the expanded service cable rate. Mr. Barlage also notified the County Manager of a 0.25¢ increase on the basic tier rate.
The County Manager stated that per the County’s Cable Ordinance the Board had the option to request Mr. Barlage appear at a Public Hearing to allow citizen input regarding the rate increase. The Board of Commissioners, due to an FCC ruling, was not, however, allowed to regulate local cable rates.
By consensus, the Board agreed to set a public hearing for the October 15, 2002, Board meeting and to request Mr. Barlage’s presence to allow citizen comment regarding new cable rate increases.
D. Boards and Commissions – County Manager Nelson stated that the Valle Crucis Historic Preservation Commission had two members, Mr. Francis Pressly and Ms. Sarah Mast, whose terms expired in September 2002. Mr. Pressly was no longer a resident property owner of the Historic District and therefore was not eligible for reappointment. Ms. Mast, however, was willing to be reappointed.
The County Manager stated that along with Ms. Sarah Mast, the Valle Crucis Historic Preservation Commission had unanimously recommended Ms. Mary Hazel Mast, who was willing to serve, to replace Mr. Francis Pressly. The Commission recommended Mr. John G. Hastings, who was not contacted, as a second choice to replace Mr. Pressly and Mr. Robert Ward also requested to be considered as a member to the Commission.
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to appoint Ms. Sarah Mast and Ms. Mary Hazel Mast to the Valle Crucis Historic Preservation Commission.
VOTE: Aye-5
Nay-0
E. Announcements – County Manager Nelson stated that the Board had a work session scheduled to review revised draft ordinances on junked cars and solid waste on Monday, September 23, 2002, at 6:00 p.m. in the Manager’s conference room, Watauga County Courthouse. The County Manager requested that the Board incorporate into that work session a discussion of planning for citizen involvement and education regarding the Draft Ordinance on High Impact Land Use.
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to include discussion regarding the Draft Ordinance on High Impact Land Uses in the work session scheduled for September 23, 2002.
VOTE: Aye-5
Nay-0
By consensus of the Board, staff was instructed to have the Draft Ordinance on High Impact Land Use printed by the Watauga Democrat; distributed in the Watauga Democrat and the Blowing Rocket; mailed by the Democrat to it’s advertising mailing list; and mailed by County staff to residents who would otherwise not receive it.
County Manager Nelson stated that the Legislature was scheduled to vote on September 24, 2002, regarding the local half-cent sales tax option and that the NCACC encouraged all Commissioners to attend a march at 10:00 AM on September 24, 2002, in support of this sales tax option. The County Manager announced that several counties, though not encouraged by the NCACC, have joined in a lawsuit against the State of North Carolina to reclaim tax reimbursements.
PUBLIC COMMENT
Six spoke in opposition of and thirty-seven spoke in support of the Doc and Merle Watson Scenic Highway Designation.
CLOSED SESSION
At 10:20 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) and Land Acquisition, per G. S. 143-318-11(a)(5)(i).
VOTE: Aye-5
Nay-0
Commissioner Sweeting, seconded by Commissioner Lawrence, moved to resume the open meeting at 10:43 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Wilkie seconded by Commissioner Lawrence, moved to adjourn the meeting at 10:43 P.M.
VOTE: Aye-5
Nay-0
Jimmy Hodges, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board