• Watauga County Board of Commissioners

MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, AUGUST 4, 2003
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, August 4, 2003, at 9:00 A.M. in the Board Room of the Watauga County Courthouse.
 
                        PRESENT:       James Coffey, Chairman
                                                Jimmy Hodges, Vice-Chairman
                                                David Blust, Commissioner
                                                Keith Honeycutt, Commissioner
                                                Allen Trivette, Commissioner
                                                Rebecca Eggers-Gryder, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                    Deron Geouque, Assistant County Manager
                                                Anita J. Fogle, Clerk to the Board
 
            Chairman Coffey called the meeting to order at 9:01 A.M. welcoming those in attendance.
 
            A moment of silence was observed.
 
APPROVAL OF AGENDA
 
            Chairman Coffey called for additions or corrections to the August 4, 2003, agenda.
 
            Commissioner Blust, seconded by Vice-Chairman Hodges, moved to approve the August 4, 2003, agenda as presented.
 
VOTE:   Aye-5
              Nay-0
 
TRANSFER STATION PROJECT
 
            A.        Design Services Contract Amendment Request – Ms. Lynn Croy, Project Manger with Draper Aden Associates, reviewed a contract amendment in the amount of $14,900 to the existing design contract for the transfer station/maintenance facility project. These changes were necessitated by the presence of methane in the area of the proposed building sites that required a remediation and detection system. These changes were accomplished and included in the bid proposals that were to be discussed next on the agenda.
 
            Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the amendment to the design contract for the transfer station/maintenance facility project in the amount of $14,900.
 
VOTE:    Aye-5
               Nay-0
 
            B.         Building Bid Proposals – Ms. Croy discussed bid proposals that were received in response to the County’s RFP for construction of the transfer station and maintenance facility. Eleven bids were received with the low base bid of $1,730,371 received from Wishon and Carter Builders, Inc., of Yadkinville, NC. (Ms. Croy stated that eight alternates to the contract were listed in each of the bids received and recommend that the County accept alternates one, four, five, seven, and eight to optimize the project.) The total low bid was $1,941,841 from Wishon and Carter Builders, Inc. The total of the low bid, design fees, and contingency were below the original project budget estimate of $2.3 million.


 
Contractor
Base Bid
Alternate # 1
Alternate # 2
Alternate #3
Alternate # 4
Alternate # 5
Alternate # 6
Alternate # 7
Alternate # 8
 
 
Skylights
Kalman Floor
Trap Rock Floor
Metallic Topping Floor
Wall Liner
Segmented Retaining Wall
Conven­ience Ctr.
Land-scaping
CBM International
$1,790,000
$10,000
$56,000
$12,000
$98,000
$9,000
-$10,000
$55,000
$26,000
Continental Construction
$2,237,227
$10,500
$109,180
$116,900
$220,000
$8,650
-$4,500
$58,400
$28,400
GC Construction
$1,876,475
$4,250
$57,000
$11,220
$89,000
$4,692
-$20,000
$54,000
$25,900
GEM Constructors
$2,128,695
$1,867
$69,176
$12,791
$109,634
$5,881
$5,900
$60,997
$29,526
Greene Construction
$2,160,000
$6,100
$79,200
$111,000
$131,000
$3,500
-$6,700
$57,100
$27,200
Hickory Construction
$1,870,900
$2,400
$64,800
$12,000
$102,700
$5,475
-$4,500
$54,860
$28,500
HS Williams Company
$1,925,000
$5,700
$79,000
$12,000
$103,000
$3,300
-$19,000
$62,500
$27,500
Leak & Associates
$1,944,000
$4,000
$74,000
$85,200
$97,800
$8,000
$0
$75,000
$25,900
Magnolia Construction
$2,355,261
$4,165
$81,730
$12,500
$105,787
$4,593
-$30,000
$58,858
$28,500
White Fox Construction
$1,788,842
$2,300
$64,680
$12,520
$104,170
$6,700
-$4,541
$54,968
$29,100
Wishon Carter Construction
$1,730,371
$1,994
$65,534
$11,893
$103,864
$11,997
-$702
$53,618
$39,997
 


Commissioner Honeycutt, seconded by Commissioner Trivette, moved to award the contract including alternates one, four, five, seven and eight to Wishon and Carter Builders, Inc., and to prepare a contract for the project with approval contingent upon the County Attorney’s review.
 
VOTE:    Aye-5
               Nay-0
 
            C.        Financing Proposal – Ms. Doris Isaacs, Watauga County Finance Director, stated that at an earlier meeting a resolution for financing was adopted that was to be forwarded to the Local Government Commission for approval. Ms. Isaacs stated that the Local Government Commission required the bid information and the accepted bid proposal at least twenty-eight days in advance of the monthly meeting in which they would be reviewing the information. Ms. Isaacs stated that this could add two months to the project before work could begin delaying the project into the spring by not allowing ample time for footers and concrete to be poured prior to severe winter weather. Ms. Isaacs proposal would take $1.5 million from the solid waste retained earnings fund as previously planned and essentially borrow the remaining funds that have been identified for another County capital project, the Heilig-Meyers building from the general fund. The County could then, in turn, finance funds for the Heilig-Meyers building without affecting the construction schedule of either project. Ample funds would remain on hand to begin the Heilig-Meyers project and financing could be obtained before it is needed. 
 
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to amend the financing plan for the transfer station/maintenance facility project as presented by Ms. Isaacs.
 
VOTE:    Aye-5
               Nay-0
 
RESOLUTION FOR A NEW APPALCART FACILITY
 
            Mr. Chris Turner presented a resolution seeking County approval for AppalCART as an Authority to own property and for a tentative commitment for funding from the County that would pay 12.5% of a loan to furnish a local match to obtain grant funds to construct a new AppalCART facility. After discussion, amendments to the presented resolution included making it subject to the Board of Commissioners approval and subject to a funding financing plan being established for the local funding between Appalachian State University, the County, and the Town of Boone prior to application to the North Carolina Department of Transportation for the 90% share of the project cost.
 
 
            Commissioner Honeycutt, seconded by Commissioner Trivette, moved to adopt the Resolution of Support for a Larger Site for AppalCART as amended and contingent upon the County Attorney and the County Manager's review.
 
VOTE:    Aye-5
               Nay-0
 
FISCAL YEAR 2004 HOME AND COMMUNITY CARE BLOCK GRANT BUDGET REVISION
 
            Ms. Angie Boitnotte reviewed the budget revisions to the Home and Community Care Block Grant (H&CCBG) funds that reference a $4,257 reduction from the State of NC Division of Aging. Ms. Boitnotte outlined the cuts and stated that they would result in a reduction in services. The new budgeted amount was $217,274 in H&CCBG funds for FY 2004. Ms. Boitnotte also stated that the local match for health screening had increased from 10% to 25%.
 
            Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the revision to the Home and Community Care Block Grant funding for FY 2004 as presented by Ms. Boitnotte.
 
VOTE:    Aye-5
               Nay-0
 
STATE HOMELAND SECURITY GRANT PROGRAM APPLICATION REQUEST
 
            Ms. Lisa Danner, Emergency Management Director, requested approval to file a grant application to the Department of Homeland Security that would allow Watauga County to receive $40,300 with the possibility of an additional appropriation of $131,417 in the future.
 
            Commissioner Blust, seconded by Commissioner Trivette, moved to approve the grant application to the Department of Homeland Security as presented by Ms. Danner.
 
VOTE:    Aye-5
               Nay-0
 
Ms. Danner stated that a committee had been formed to make recommendations to the Board of Commissioners as to how the grant funds were to be allocated to the different departments within the County. Ms. Danner requested that Mr. Danny Staley, representing Appalachian District Health Department along with Mr. Ben Winebarger, and Mr. Mark Poteat, both representing fire services, be added to the committee.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to appoint Mr. Danny Staley, Mr. Ben Winbarger, and Mr. Mark Poteat to the committee assigned to make recommendations to the Board of Commissioners on how to allocate grant funds from the Department of Homeland Security as presented by Ms. Danner.
 
VOTE:    Aye-5
               Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator, Mr. Kelvin Byrd, presented the Tax Collections Report for the month of July 2003.
 
B.         Releases and Refunds – Tax Administrator Byrd presented the following Refunds and Releases for July 2003 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Blust, seconded by Vice-Chairman Hodges, moved to approve the Refunds and Releases Report for July 2003 as presented.
 
VOTE: Aye-5
   Nay-0
 
C.        Annual Tax Collector’s Settlement – Tax Administrator Byrd presented the following Annual Settlement Statements for Fiscal Year 2002/2003 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Honeycutt, seconded by Commissioner Trivette, moved to approve the Annual Settlement Statements for Fiscal Year 2002/2003.
 
VOTE: Aye-5
              Nay-0
 
D.        Order of Collections Request – A sworn oath was to be administered to Tax Administrator Byrd in order to collect taxes for the new Fiscal Year 2003/2004. Mr. Byrd stated this Order would grant him the authorization to collect taxes and requested the Board’s approval.
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to grant authorization to Tax Administrator Byrd to collect taxes for Fiscal Year 2003/2004.
 
VOTE: Aye-5
              Nay-0
 
FINANCE MATTERS
 
A.        Sales Tax Audit Proposal – Ms. Doris Isaacs presented a contract for a sales tax audit to be performed by Robert S. Segal, CPA PA. The proposal was for an audit of non-profit organizations in the County such as hospitals and schools that receive a reimbursement from the State of North Carolina based on reports filed regarding sales tax incurred during the year. The audit would assure that the reports accurately credit sales tax to Watauga County. When discrepancies were found, a report would be filed with the State, and Watauga County would receive credit and reimbursement. The contract was for a percentage of revenues generated from the audit with 25% of those found in hospitals and schools, and 35% of the adjustment found in other organizations. Ms. Isaacs stated that a similar audit by this firm was conducted with great success approximately three years ago. 
 
Ms. Isaacs recommended approval be contingent upon the Town of Boone approving a similar contract with Segal and Associates.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the contract with Robert S. Segal, CPA PA for a sales tax audit as presented by Ms. Isaacs and contingent upon the Town of Boone approving a similar contract and the County Attorney’s review.
 
VOTE:    Aye-5
               Nay-0
 
B.         Budget Amendments – Finance Director Doris Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
            103991-399103           Fund Balance Approp. – ROD Media                                      $5,000
            104210-452100           Cap. Outl-Computer Software                           $5,000
 
            The amendment appropriated funds from the Register of Deeds Media fund balance to complete the second year payment on their AmCad software.
 
            Account #                    Description                                                           Debit             Credit
            263991-399101           Fund Balance Approp. – New                                               $47,971
            264330-475026           911 Project Reserves                                                             $30,568
            264331-449907           Wireless Project Reserves                                                      $46,275
            264330-449901           Blowing Rock Grant Match                               $8,000
            264330-451000           Capital Outlay-Furn. & Equip.                         $70,089
            264331-451000           Cap. Outlay-Furn. & Equip.-Wireless              $46,725
 
            The amendment appropriated funds for the E-911 console bids approved at the July 7th Board of Commissioners Meeting and also to appropriate $8,000 to be added to $30,000 in the FY 2003/04 budget for Blowing Rock’s E-911 console equipment.
 
            Account #                    Description                                                           Debit             Credit
            143300-345000           Elderly & Disabled Trans. Grant                           $708
            145310-469809           Elderly & Disabled Admn                                                            $708
            103300-345000           Elderly & Disabled Trans. Grant                                                  $708
            104500-469845           E & D - Paratransit                                               $708
 
            The amendment transferred unspent Elderly and Disabled grant funds from the Public Assistance Fund to the General Fund in order for it to be expended on other eligible programs for FY 2002-03.
 
            Account #                    Description                                                           Debit             Credit
            233317-343109           Controlled Substance Tax                                                       $22,289
            234310-429000           Other Supplies                                                      $250
            234310-449100           Dues & Subscriptions                                             $50
            234310-449901           Misc. Expense                                                 $16,589
            234310-451000           Capital Outlay-Equip.                                        $5,400
 
            The amendment recognized Controlled Substance Abuse Tax revenue and expenditures for FY 2002-03.
 
            Account #                    Description                                                           Debit             Credit
            103300-343306           FEMA-EOC Grant                                                                $21,000
            104330-449912           Misc.Exp.-EOC Planning Grant                       $21,000
 
            The amendment recognized the award of a FEMA grant to be used to update and enhance Watauga County’s Emergency Operations plans for all hazards with special emphasis on Weapons of Mass Destruction Terrorism Preparedness. The Board of Commissioners approved the application for this grant at their April 7, 2003, meeting.
 
            Commissioner Blust, seconded by Commissioner Trivette, moved to approve the budget amendment as presented.
 
VOTE:    Aye-5
               Nay-0
 
PLANNING AND INSPECTION MATTERS
 
            A.        Discussion of Amending the Erosion Control Ordinance – Planning and Inspections Director, Mr. Joe Furman, discussed a recommended amendment to the County’s Erosion Control Ordinance. The changes, outlined by Mr. Furman, were necessitated by the NC Department of Environmental and Natural Resources.
 
            By consensus, the Board scheduled a public hearing on August 19, 2003, at 7:00 P.M. to allow public input on the recommended amendments to the Watauga County Erosion Control Ordinance.
 
B.         Parking Management Agreement Proposal – Mr. Furman stated that the County had in place a Parking Management Agreement with McLauren and Associates to supervise parking lots and enforce the County’s parking policy at the library and courthouse complex. The contract was in the amount of $7,560 plus a $15 per trip unit rate for request to police the human services, health department, West Annex, and Ginn lots and a $6 per each collection letter. These amounts were the same as in past years.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the parking management agreement with McLauren and Associates as presented by Mr. Furman.
 
VOTE:    Aye-5
               Nay-0
 
DEPARTMENT OF TRANSPORATION RIGHT OF WAY REQUEST AT BROOKSHIRE ROAD PARK
 
            Assistant County Manager Geouque reviewed a request from the NC Department of Transportation (DOT) to obtain a twenty-foot right of way on the right side of Bookshire Road that would encroach into the County’s planned Brookshire Road park. Mr. Geouque reviewed a map as well as a letter from the County’s engineers specifying that the right of way request would not interfere with the County’s full use of the park project. 
 
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to grant the right of way easement to DOT contingent upon the County Attorney’s review.
 
VOTE:    Aye-5
               Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
            A.        September Meeting Schedule – 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 Blust, seconded by Commissioner Honeycutt, moved to change the Board’s September 1, 2003, regular meeting date to September 2, 2003 at 9:00 A.M.
 
VOTE:    Aye-5
               Nay-0
 
            B.         Selection of a Voting Delegate for NCACC Annual Conference – County Manager Nelson announced that the NCACC annual conference was scheduled in Guilford County for August 14 through 17, 2003 and stated that the Board needed to appoint a voting delegate for the Conference.
 
            Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to elect Chairman Coffey as the Watauga County Delegate to the NCACC Annual Conference.
 
VOTE:    Aye-5
               Nay-0
 
            C.        Discussion of “The Streamlined Sales and Use Tax Act” Bill – County Manager shared a letter from the North Carolina Association of County Commissioners notifying that a federal bill entitled “Streamlined Sales and Use Tax Act” would be introduced for consideration on Friday, August 25, 2003. If passed, the legislation would permit those states that have enacted measures to compel out-of-state vendors to collect and remit taxes on behalf of the states and local governments. The County Manager stated that this had been a priority of the Association for many years and it was estimated that the State has lost over $300 million a year in unpaid sales taxes that may grow to $1.2 billion by 2006. The County Manager stated that the Association asked that the local Boards of Commissioners contact members of Congress to encourage support and approval of this bill.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to direct the County Manager to draft a letter to Congress in support of “The Streamlined Sales and Use Tax Act” bill.
 
VOTE:    Aye-5
               Nay-0
 
            D.        Discussion of the Department of Transportation’s Scenic Byway Consideration of US Hwy 421 – The County Manager stated that, per Commissioner request, time had been allowed for discussion of the Department of Transportation’s consideration of designating the new HWY 421 in Watauga County as a scenic byway. The County Manager also announced that the NCDOT had scheduled a public hearing on their proposed designation for August 20, 2003, at 6:30 P.M. at the Broyhill Inn and Conference Center in Boone, NC.
 
            After discussion, Commissioner Honeycutt, seconded by Commissioner Blust, moved to direct the County Manager to draft a letter to the North Carolina Department of Transportation stating the Board’s disapproval of the August 20th meeting date (many citizens are at church on Wednesday nights) and the location (at an ASU facility in town as opposed to a site in the Deep Gap community, which would be directly affected by any designation).
 
VOTE:    Aye-5
               Nay-0
 
            E.         Boards and Commissions – County Manager Nelson stated that the Caldwell Community College and Technical Institute Board of Trustees had one vacancy for a four-year term that had expired in June 2003. Commissioner Honeycutt nominated Bill Miller who was unanimously appointed.
 
            The County Manager stated that the Boone Town Council nominated Lee Stroupe as an ETJ representative for the Town of Boone Board of Adjustment. Chairman Coffey nominated Earl Keller who was unanimously appointed.
 
            The County Manager stated that the Boone Town Council had nominated Pat Vines and Larry Bordeaux as an ETJ representative of the Town of Boone Planning Commission. Commissioner Trivette nominated Barney Hodgson and Pat Vines, both of whom were unanimously appointed.
 
            The County Manager stated that the Watauga County Economic Development Commission had recommended Sterling Carroll and Betty Koontz for two-year terms and Harry Davis and Rob Holton for three-year terms on the Commission. Sterling Carroll and Betty Koontz were unanimously appointed to two-year terms and Harry Davis and Rob Holton were unanimously appointed for three year terms.
 
            The County Manager stated that the Council on the Status of Women recommended Judy Clark and Bettie Bond be reappointed to three year terms and Crystal Lusk and Chuck Watkins be were recommended to fill two of the three additional vacant positions. Judy Clark, Bettie Bond, Crystal Lusk, and Chuck Watkins were unanimously appointed to the Council on the Status of Women.
 
          Mr. Ted Hagaman was unanimously reappointed to the Watauga County Jury Commission.
 
            County Manager Nelson stated that the following were first readings of appointments and therefore no Board action was necessary.
 
The Watauga County Board of Adjustment needed an appointment to fill an unexpired term of a member who had moved. The member who was to be appointed must reside within the Howard’s Creek Watershed.
 
The Farmland Preservation Program Advisory Board had two vacancies in which Virginia Ward was willing to be reappointed and Mike Presnell was recommended to fill the other vacancy.
 
The Watauga County Library Board recommends that Ann Blackburn be appointed to the Appalachian Regional Library System Board for a one-year term expiring in August 2004.
 
The Watauga County Library Board recommends that both Patty Wheeler and George Holloway be reappointed to the Watauga County Library Board for four-year terms expiring in August 2007.
 
            F. Announcements – County Manager Nelson announced upcoming meetings and events.
 
CLOSED SESSION
 
            At 10:21 A.M., Commissioner Honeycutt, seconded by Commissioner Blust, moved to enter into Closed Session to discuss Personnel Matters, per G. S. 143-318.11(a)(6) and Attorney/Client Matters, per G. S. 143-318.11(a)(3).
 
VOTE:    Aye-5
               Nay-0
 
            Vice-Chairman Hodges, seconded by Commissioner Blust, moved to resume the open meeting at 10:50 A.M.
VOTE:    Aye-5
               Nay-0
 
POSITION RECLASSIFICATION OF COUNTYEMPLOYEES
 
            Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to approve the reclassification of the following Watauga County employees as listed:


 
Department
Employee’s Current Position
Requested Position
Status
Current Salary
Proposed
Salary
Maintenance
Maintenance Dir.
Maintenance Dir.
Approved
$51,155
$53,713
Planning And Inspections
Program Asst.
Admin. Asst. I
Approved
$25,621
$26,902
Social Services
Social Worker II
Human Services Coordinator
Approved
$35,731
$37,518
Sheriff
Deputy I
Deputy II
Approved
$28,008
$29,408
 


                                                                    VOTE:   Aye-5
     Nay-0
 
ADJOURN
 
            Commissioner Trivette, seconded by Commissioner Blust, moved to adjourn the meeting at 10:51 A.M.
 
VOTE:    Aye-5
               Nay-0
 
                                                                                                James Coffey, Chairman
ATTEST:
 
Anita J. Fogle, Clerk to the Board