MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, DECEMBER 2, 2002
The Watauga County Board of Commissioners held a regular meeting on Monday, December 2, 2002, at 9:00 A.M. in the Board Room of the Watauga County Courthouse.
PRESENT: Jimmy Hodges, Chairman
James Coffey, Vice-Chairman
Sue Sweeting, Commissioner
Robert E. Nelson, Jr., County Manager
Anita J. Fogle, Clerk to the Board
Chairman Hodges called the meeting to order at 9:00 A.M. welcoming those in attendance.
APPROVAL OF MINUTES
Chairman Hodges called for additions or corrections to the November 19, 2002, regular meeting minutes, and the November 4, 2002 and November 19, 2002, closed session minutes.
Commissioner Sweeting requested the following corrections and additions be made: The date of the minutes to be approved under Approval of Minutes was November 4, 2002. The vote for Approval of Minutes and Approval of Agenda was as follows: Aye-4, Nay-0, Absent-1(Lawrence). The date of the agenda under Approval of Agenda was November 19, 2002. Under Miscellaneous Administrative Matters, B., Sheriff’s Department Pay Plan Reorganization Request, Commissioner Sweeting requested that it be noted that Sheriff-Elect Shook was not present for questions and discussion.
Vice-Chairman Coffey, seconded by Commissioner Sweeting, moved to approve the November 19, 2002, regular meeting minutes as amended, and the November 4, 2002 and November 19, 2002, closed session minutes as presented.
VOTE: Aye-3
Nay-0
Absent-2 (Lawrence, Wilkie)
A recess was declared at 9:04 A.M. for the swearing-in of newly elected Commissioners David Blust, Keith Honeycutt, and Allen Trivette, which was held in Courtroom #1.
The meeting reconvened at 9:13 A.M. in the Board Room.
BOARD ORGANIZATIONAL MATTERS
The meeting was turned over to County Manager Nelson for the election of the Chairman of the Watauga County Board of Commissioners.
A. Election of Officers. County Manager Nelson called for nominations for Chairman of the Watauga County Board of Commissioners. Commissioner Honeycutt nominated James Coffey for Chairman. There being no other nominations a vote was taken.
VOTE: Aye-5
Nay-0
The meeting was then turned over to Chairman Coffey.
Chairman Coffey called for nominations for Vice-Chairman of the Watauga County Board of Commissioners. Commissioner Blust nominated Jimmy Hodges for Vice-Chairman. There being no other nominations a vote was taken.
VOTE: Aye-5
Nay-0
B. Staff Appointments. Chairman Coffey seconded by Vice-Chairman Hodges, moved to re-appoint Robert E. Nelson, Jr. as Watauga County Manager.
VOTE: Aye-5
Nay-0
Chairman Coffey, seconded by Vice-Chairman Hodges, moved to re-appoint Anita J. Fogle as Clerk to the Board.
VOTE: Aye-5
Nay-0
Commissioner Honeycutt, seconded by Commissioner Trivette, moved to appoint Eggers, Eggers, and Eggers, Attorneys at Law, as legal counsel for Watauga County and the Department of Social Services.
VOTE: Aye-5
Nay-0
C. Fidelity Bonds. The following individual fidelity bonds were presented for approval:
Position Bond Amount Statutory Requirement
Finance Director $50,000 At least $10,000, no more
than $250,000 G.S. 159-29
Deputy Finance Director $50,000 Same as above
(Robert. E. Nelson, Jr.)
Tax Collector $50,000 Amount considered reasonable
by BCC G.S. 105-349-c
Register of Deeds $50,000 At least $10,000 but no more
than $50,000 G.S. 161-4
Sheriff $25,000 $25,000 maximum G.S. 162-8
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the individual fidelity bonds as presented.
VOTE: Aye-5
Nay-0
D. Commissioner-Boards & Commissions Appointments. The following Commissioner Board appointments were made:
Appalachian District Health Department Coffey
AppalCART Authority Trivette
Blue Ridge Resource Conservation & Development Area Blust
Children’s Council/Child Protection Team Blust
Committee of 100 Hodges
Criminal Justice Partnership Trivette
Economic Development Commission Hodges
EMS Advisory Committee Blust
Juvenile Crime Prevention Council Trivette
Library Board Honeycutt
Motor Vehicle Valuation Review Committee Hodges
New River Mental Health Coffey
Northwestern Regional Housing Authority Martin
(term expired 12/12/04)
POA Advisory Committee Honeycutt
(Home & Community Care Block Grant)
High Country Council of Governments-Exec. Bd. Coffey
Job Training Consortium
Social Services Board Gaines Edwards
(term expired 6/2004)
Volunteer Outreach Center Honeycutt
Watauga Advisory Board (CCC&TI) Hodges
Watauga County Medical Center Board of Trustees Hodges
Watauga County Fire Commission Blust
Watauga Opportunities, Inc. Honeycutt
Watauga County Recreation Commission Trivette
Watauga County Department of Social Services (new position) Honeycutt
The following appointments were made to the Watauga County Planning Board:
Commissioner Blust appointed Tom Foxx to represent district # 4.
Commissioner Honeycutt appointed John T. Thomas, Jr. to represent district # 1.
Commissioner Trivette appointed Johnny Hampton to represent district # 5.
Chairman Coffey, seconded by Vice-Chairman Hodges, moved to approve the Planning Board appointments.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Coffey called for additions or corrections to the December 2, 2002, agenda.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the December 2, 2002 agenda as presented.
VOTE: Aye-5
Nay-0
PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT
A public hearing was opened at 9:20 A.M. to allow citizen input on the Community Development Block Grant Scattered Site Housing Rehabilitation Program.
Ms. Rebecca Bloomquist with High Country Council of Governments stated that Watauga County was receiving $400,000 in CDBG funds to rehabilitate low income, owner occupied, substandard housing. Ms. Bloomquist stated that the Board of Commissioners were requested/required to adopt a Citizen Participation Plan for the CDBG Program.
There being no public comment, Chairman Coffey declared the public hearing closed at 9:26 A.M.
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to adopt the Watauga County Citizen Participation Plan as presented for the Community Development Block Grant.
VOTE: Aye-5
Nay-0
Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to submit the Grant.
VOTE: Aye-5
Nay-0
SHERIFF’S DEPARTMENT MATTERS
A. Sheriff’s Department Pay Plan Reorganization Request – Sheriff Shook requested changes in the Sheriff’s Department pay plan that encompassed numerous job title changes and reclassifications. The requested new positions replaced existing job titles and required no additional funding to the adopted Sheriff’s Department Budget. In that the changes technically created new positions, our current Personnel Ordinance required Board approval. Sheriff Shook requested title changes as follows: Corporals to Sergeants; Sergeants to Lieutenants; Lieutenants to Captains; and Captain to Major. New replacement positions were: 1) Desk Sergeant (Deputy Sheriff II Plainclothes Officer $38,029 Mid-point range); 2) Civil Sergeant (Deputy Sheriff II Uniformed Position $34,717).
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the Sheriff’s Department pay plan reorganization as requested.
VOTE: Aye-5
Nay-0
B. Request for a Resolution to Adopt A Policy for Mutual Assistance with Other Law Enforcement Agencies – Sheriff Shook presented a Resolution to adopt a policy for mutual assistance with other law enforcement agencies. The adoption allowed updates of agreements that currently existed and was required for grant purposes. The Resolution both set the policy and authorized Sheriff Shook to execute the assistance agreements.
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to adopt the Resolution Adopting A Policy for Mutual Assistance with Other Law Enforcement Agencies.
VOTE: Aye-5
Nay-0
C. Governor’s Crime Control Commission Grant Request – Sheriff Shook stated that a grant was available from the Governor’s Crime Control Commission in a joint application from several sheriff and police departments headed by the City of Hickory Police Department. The grant was to purchase software that allowed confidential access to information possessed by the different entities that was previously unavailable for use in police work.
Watauga County’s first year share was $10,730 of which $2,682.50 was required local match. The second year total cost was $3,750, which included a $937.50 local match. In subsequent years the cost for this system and software was $3,750, fully funded by the County.
Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to approve the Grant application as presented by Sheriff Shook.
VOTE: Aye-5
Nay-0
“I-HAVE-A-DREAM WEEK” PROCLAMATION REQUEST
Ms. Christine Dave’ and Ms. Mary Gray presented a proposed proclamation for January 18-26, 2003, as “I-Have-A-Dream Week” in Watauga County. The purpose of the proclamation was to celebrate the diversity of the people of Watauga County and to discourage prejudice and discrimination. Ms. Dave’ read the proposed proclamation.
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to proclaim the week of January 18-26, 2003, as “I-Have-A-Dream Week” in Watauga County.
VOTE: Aye-5
Nay-0
“CHOOSE & CUT MONTH IN WATAUGA COUNTY” PROCLAMATION REQUEST
Mr. Nathaniel Maran presented a proposed proclamation designating December as “Choose & Cut Month in Watauga County”. The proclamation was in support of Watauga County Nurseryman’s Association for it’s fine work in promoting the choose and cut industry in Watauga County. Mr. Maran read the proposed proclamation.
Commissioner Blust, seconded by Commissioner Trivette, moved to proclaim December 2002 as “Choose & Cut Month in Watauga County”.
VOTE: Aye-5
Nay-0
WORK FIRST PROGRAM REQUEST FOR SURPLUSED SHERIFF’S DEPARTMENT VEHICLES
County Manager Nelson stated that Ms. Pat Coley, Department of Social Services Social Worker, had requested that four surplused vehicles previously used by the Sheriff’s Department be transferred to the Children’s Council for use in the car assistance project for Work First participants in Watauga County. The County Manager stated that previous Boards had used the authority granted under G.S. 160A-279 to authorize the transfer of surplus vehicles for use in the program to furnish transportation to low income people who are trying to become self sufficient through the County’s Work First Program. The County Manager stated that the Children’s Council took possession of the cars and serviced them and made minor repairs to assure their usability. The Children’s Council had grant funds that covered expenses. Once certified by the Children’s Council as safe and road worthy, the vehicle title was transferred to an eligible Work First participant who then used and maintained the car.
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved (per G. S. 160A-279) to approve the transfer of the following four surplused Sheriff’s Department vehicles to the Children’s Council for the Work First program:
VIN 2FALP71WOTX192813
VIN 2FALP71WTTY192811
VIN 2FALP71W7VX224823
VIN 2FALP71W75X192774
VOTE: Aye-5
Nay-0
HEALTH DEPARTMENT CHANGE ORDER AND PROJECT UPDATE
Mr. Randy Jones presented a progress report for the new Watauga County Health Department building. Work was ahead of schedule as the projected move in date was January or February 2003. The original occupancy date was scheduled for March 11, 2003.
Mr. Jones presented a Change Order for $1,008,928 in reference to the volume of rock removal that was required to complete the site work. This amount of rock was unanticipated, but the existing contract contained a provision to remove at $120 per cubic yard. The contractor, Wishon and Carter Builders, Inc., agreed to a $10 per yard reduction in this cost due to the extreme volume encountered. The site work upon completion included an additional prepared pad for a future 20,000 square foot building.
Mr. Jones explained the necessity and the options regarding the Change Order request.
County Manager Nelson recommended that the Board postpone renovations to the Revco and Heilig-Meyers buildings until after fiscal year 2004 begins July 1, 2003.
Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to approve the change order and budget amendment as presented and instructed County Manger Nelson and Mr. Jones to meet with Wishon and Carter Builders, Inc., again, to negotiate the rate for future change orders.
VOTE: Aye-5
Nay-0
CONSIDERATION OF A MORATORIUM ON HIGH IMPACT LAND USES
Mr. Joe Furman reviewed the draft moratorium as presented to the Board. He stated the proposed moratorium allowed time for the Board to review the proposed High Impact Land Use Ordinance prior to any action that being made.
Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to adopt the Ordinance Re-Establishing a Moratorium on High Impact Land Uses as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
PROJECT ON AGING ADDITIONAL STATE FUNDING REQUEST
Ms. Angie Boitnotte stated that The Project on Aging had received notice that an additional $5,514 in State funds was available to the agency in fiscal year 2003. The funds required a 10% local match of $613, which was present in the Agency’s current budget.
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the use of the additional state funding and local match as presented by Ms. Boitnotte.
VOTE: Aye-5
Nay-0
PAVING PROPOSAL REQUEST
Mr. Robert Marsh presented proposals for asphalt repairs at various County owned facilities. Mr. Marsh stated that the following three bids were received in response to a request for proposals:
Brown Brothers Construction $29,123.61
Caldwell Express Trucking $27,123.00
Moretz Construction $22,101.00
Mr. Marsh recommended awarding the contract to Moretz Construction, the low bidder, for $22,101. Mr. Marsh stated that upon approval the paving would be done in early spring of 2003.
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to award the paving contract to Moretz Construction, the low bidder, as presented by Mr. Marsh.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator, Kelvin Byrd, presented the Tax Collections Report for the month of November 2002.
B. Releases and Refunds – Tax Administrator Byrd presented the following Refunds and Releases for November 2002 for Board approval:
TO BE TYPED IN MINUTE BOOK
Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to approve the Refunds and Releases Report for November 2002 as presented.
VOTE: Aye-5
Nay-0
DENTAL INSURANCE BIDS REQUEST
Assistant County Manager Geouque reported that the County had distributed a request for proposals for dental insurance for County employees to determine if less expensive coverage existed. The bids were due to be received November 27, 2002 and were evaluated. The Assistant County Manager requested that since the Board had historically cancelled the second meeting in December, the Board allow staff to award the contract to the lowest appropriate bidder. The Assistant County Manager also stated that a report would be issued to the Board at a future meeting.
Vice Chairman Hodges, seconded by Commissioner Honeycutt, moved to allow staff to award the dental insurance contract to the lowest appropriate bidder as requested by Assistant County Manager Geouque.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Landfill Monitoring Report – County Manager Nelson stated that every six-months the County conducted a testing program to monitor the groundwater contamination at the Landfill property. The most recent summary illustrated that both the size and concentration of the spill continued to diminish. The County Manager stated that entire document was available for review at the County Manager’s office.
Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to submit the Monitoring Report to the North Carolina Department of Environmental and Natural Resources.
VOTE: Aye-5
Nay-0
B. Boards and Commissions – County Manager Nelson stated that the Watauga Medical Center Board of Trustees nominated the following individuals as submitted to the Commissioners to fill three positions on their Board:
Vote for one: Stephen Fleming, MD
(Physician representation) William Horn, MD
Vote for two: Armfield Coffey
Harry Davis
Clayton Dean
Council Main
Paul Miller, Jr.
Chairman Coffey – Stephen Fleming, Council Main, Paul Miller, Jr.
Vice-Chairman Hodges – William Horn, Council Main, Paul Miller, Jr.
Commissioner Blust – Stephen Fleming, Council Main, Paul Miller, Jr.
Commissioner Honeycutt – Stephen Fleming, Council Main, Paul Miller, Jr.
Commissioner Trivette – Stephen Fleming, Council Main, Paul Miller, Jr.
Based upon the results of the vote, Dr. Stephen Fleming was appointed as the Physician representative and Mr. Council Main and Mr. Paul Miller, Jr. was appointed as members of the Watauga Medical Center Board of Trustees.
Mr. John Council was appointed as a member to the Watauga Medical Center Board of Trustees at the November 19, 2002, Board Meeting.
D. Announcements – County Manager Nelson stated that the North Carolina Association of County Commissioners (NCACC) Legislative Goals Conference was scheduled for January 16&17, 2003, in Raleigh. The County Manager stated that the NCACC also requested that the Board nominate a voting delegate to represent Watauga County at the Conference. The County Manager stated that at this time the only Commissioner who had indicated attendance was Chairman Coffey.
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to appoint Chairman Coffey as the voting delegate to represent Watauga County at the NCACC Legislative Goals Conference.
VOTE: Aye-5
Nay-0
County Manager Nelson requested Board direction in scheduling a work session with Staff and/or the Planning Board to discuss the High Impact Land Use Draft Ordinance. By consensus, the Board agreed to hold a joint meeting with the Watauga County Planning Board on Monday, January 13, 2003 at 7:00 P.M. in the conference room of the Human Services Building.
County Manager Nelson requested Board direction in scheduling a work session to discuss Capital Needs/Space Requests and to set dates for the fiscal year 2004 Pre-Budget Retreat. The County Manager requested that the Retreat be scheduled for either February 21 & 22 or February 28 and March 1. By consensus the Board tabled this issue until January 6, 2003.
County Manager Nelson announced that traditionally the Board has cancelled the second regularly scheduled meeting in December due to the holiday season and workload anticipated in January.
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to cancel the regularly scheduled Tuesday, December 17, 2002 Board meeting.
VOTE: Aye-5
Nay-0
The Watauga County Employee Christmas Party was on December 17, 2002 from 12:00 noon until 2:00 P.M. at Dan’l Boone Inn.
CLOSED SESSION
At 10:55 A.M., Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to enter Closed Session to discuss Personnel Matters, per G. S. 143-318-11(a)(6); 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 Honeycutt, seconded by Commissioner Hodges, moved to resume the open meeting at 12:07 P.M.
VOTE: Aye-5
Nay-0
SHERIFF’S SALARY
Commissioner Honeycutt, seconded by Commissioner Blust, moved to set Sheriff Shook’s beginning salary at $52,500 based on his years of experience and that the amount is comparable to counties of similar size.
VOTE: Aye-5
Nay-0
ATTORNEY MATTERS
The Board agreed, by consensus, to retain the employment of the former County Attorney, Mr. Jeff Hedrick, to co-counsel with the current County Attorney, Ms. Becca Eggers-Gryder on the University Highlands Tax Appeal.
ADJOURN
Chairman Coffey, seconded by Commissioner Hodges, moved to adjourn the meeting at 12:08 P.M.
VOTE: Aye-5
Nay-0
James Coffey, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board