MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 21, 2003
The Watauga County Board of Commissioners held a regular meeting on Tuesday, October 21, 2003, at 7:00 P.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 Fogle, Clerk to the Board
Chairman Coffey called the meeting to order at 7:00 P.M. welcoming those in attendance.
A moment of silence was observed.
APPROVAL OF MINUTES
Chairman Coffey called for additions and/or corrections to the October 6, 2003, regular meeting minutes.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the October 6, 2003 regular meeting as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Coffey called for additions or corrections to the October 21, 2003, agenda.
County Manager Nelson requested two corrections. Ms. Sue Counts was out of town due to an illness in the family and Sheriff Shook was absent due to illness, therefore, the County Manager requested to present their agenda items.
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the October 21, 2003, agenda as amended.
VOTE: Aye-5
Nay-0
APPALCARTLAND PURCHASE AGREEMENT REQUEST
Mr. Chris Turner, AppalCART Director, requested approval for AppalCART to purchase the Coleman property for a new facility. His request was tabled at the September 2, 2003, Board meeting with instructions for clarifications regarding the property purchase.
Mr. Turner reviewed a letter from AppalCART’s auditor regarding the funding commitment of AppalCART’s fund balance; reviewed a letter from Mr. Randy Jones of David R. Jones Architecture regarding required fire codes for the new facility; and stated that the Town of Boone adopted a funding agreement on September 25, 2003.
Mr. Turner stated that if approval was granted, AppalCART planned to apply for a grant from the NCDOT for the purchase of this property which required a 10% local match in the amount of $110,000 that was to be taken from AppalCART’s fund balance.
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to amend the Resolution of Support for A Larger Site for AppalCART (adopted by the Board on August 4, 2003) to allow for the site purchase without written funding commitments and to approve the land purchase agreement between AppalCART and the Colemans as amended to include the purchase as contingent upon notification of AppalCART’s DOT grant award and the County Attorney’s review.
VOTE: Aye-5
Nay-0
FARM SERVICE AGENCY LEASE REQUEST
Mr. Bud Smith of the Watauga/Avery Farm Service Agency requested a five year lease extension on the current county space at the rate of $10 per foot or $20,000 annually. Lease renewal discussion was tabled at the last Board meeting due to some question as to the length of lease required by the Farm Service Agency. Mr. Smith stated that the Farm Service Agency required a five year lease. The proposed lease included a five year option to be effective November 1, 2008, with the rate being negotiable at the time of renewal. The lease also included language that allowed the Farm Service Agency to cancel the lease at any time with a 120 day notice.
Commissioner Blust, seconded by Commissioner Trivette, moved to approve the lease agreement amended to state that the requested renewal rate was to be forwarded to the Farm Service Agency from the County by November 1, 2007, and amended to allow Watauga County the same option of canceling the lease at any time with a 120 day notice.
VOTE: Aye-5
Nay-0
COVE CREEK PRESERVATION AND DEVELOPMENT RENOVATIONS REQUEST
Ms. Amy Shelton, President of the Cove Creek Preservation and Development (CCP&D) Association, requested approval for repairs to the library section of the old Cove Creek School which was leased to CCP&D. The repairs were needed for compliance with state standards for the location of a day care operation.
Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to approve the renovations as presented by Ms. Shelton.
VOTE: Aye-5
Nay-0
WATAUGA HUMANE SOCIETY ASSISTANCE REQUEST
Ms. Dee Dundon, President of the Watauga Humane Society, introduced Mr. Bill Jolly who requested assistance from the County Sanitation Department in excavation and road construction at the new Humane Society facility site. Mr. Jolly stated that the Humane Society was aware of the permits that were required prior to work beginning. Mr. Jolly stated that Mr. J. V. Potter had toured the site with him and was of the opinion that the Sanitation Department was able to do the work.
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the request for the Sanitation Department’s help with excavation and road construction at the site for the new Humane Society facilities contingent upon the Humane Society’s obtaining all needed engineering permits and site plan and upon the Sanitation Department’s review of final site plan to assure availability of time to perform the work.
VOTE: Aye-5
Nay-0
2003 FARM-CITY PROCLAMATION PROPOSAL
County Manager Nelson stated that Ms. Sue Counts had requested the adoption of the annual Farm-City Proclamation declaring the week of November 3-9, 2003, as Farm-City Week.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to adopt the Farm-City Week proclamation as presented by the County Manager.
VOTE: Aye-5
Nay-0
SHERIFF’S DEPARTMENT MATTERS
A. Out of State Travel Request – County Manager Nelson reviewed a request for out-of-state travel required by a SBI grant which the Sheriff was optimistic would be awarded to Watauga County. The cost of the trip was to be reimbursed from the grant.
Commissioner Blust, seconded by Commissioner Trivette, moved to approve the travel request contingent upon award notification of the grant.
VOTE: Aye-5
Nay-0
B. Vehicle Purchase Request – County Manager Nelson stated that at the last Board meeting it was approved for the Sheriff’s Department to purchase three Dodge Intrepids from the low bidder, Ilderton Dodge as these vehicles were planned replacements. At your September 2, 2003, meeting the Board approved an additional vehicle and officer for transports. The County Manager stated that the Sheriff had requested that this additional vehicle be purchased by “piggy backing” on the bid for the same price which was an appropriate practice.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the purchase of one additional Intrepid from Ilderton Dodge as presented by the County Manger.
VOTE: Aye-5
Nay-0
DRAFT ORDINANCE DISCUSSION
County Attorney Eggers-Gryder reviewed the most recent drafts of the four ordinances relating to solid waste and junked vehicles.
The Board agreed, by consensus, to schedule a work session for Tuesday, October 28, 2003, at 6:00 P.M., to further discuss the draft ordinances.
PROGRESS REPORT OF THE PROVISION OF PUBLIC WATER REGARDING LANDFILL REMEDIATION
Ms. Becca Eggers-Gryder gave an update on negotiations with Ms. Greer-Darnell’s attorney regarding obtaining an easement to furnish city water to the Williamsons. The County Attorney stated that Ms. Greer-Darnell wanted the original $5,000 offer plus an amount equal to the tap-on and availability fee (approximately $2,000) that would be charged from the Town of Boone, should she wish to apply for city water at a future date.
Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to compensate Ms. Greer-Darnell in the amount of $5,000 and the amount equal to the tap-on and availability fee ($2,000) with the condition that Ms. Greer-Darnell signed a wavier dismissing Watauga County from any and all liability in providing water to the property currently owned by Ms. Greer-Darnell.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Community Based Affordable Housing Task Force Funding Request – County Manager Nelson stated that the Affordable Housing Task Force had submitted a funding request for $2,000. The money was to be used to fund speakers for upcoming meetings. The request was also to fund travel for task force members to visit other communities with programs in place.
After discussion the Board agreed, by consensus, to table further discussion and requested that Mr. Eggers be available for discussion at their next Board meeting.
B. SECU ATM Proposal – County Manager Nelson stated that The State Employees Credit Union (SECU) had submitted a proposal to establish an ATM kiosk at the Human Services/Health Department complex. The County Manager stated that Maintenance Director, Robert Marsh, had identified an unobtrusive location for the kiosk, if approved. The SECU proposed to pay the County $300 per month for this space.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the SECU’s request to locate an ATM kiosk at the Health Department/Human Services complex with the contract to be contingent upon the County Attorney’s review and to include an increase in the liability insurance coverage from $300,000 to $1,000,000.
VOTE: Aye-5
Nay-0
C. Register of Deeds Records Retention and Disposition Schedule – County Manager Nelson stated that Register of Deeds, Ms. Wanda Scott, had requested approval of an update of the Records Retention and Disposition Schedule from the NC Department of Cultural Resources.
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the updated Register of Deeds Records Retention and Disposition Schedule as presented by the County Manager.
VOTE: Aye-5
Nay-0
D. Requests for Additions to State Maintained Secondary Road System – Planning and Inspections Director, Mr. Joe Furman, stated that property owners of Shook Road, Timberlakes Drive, Critcher Meadows, and Fred’s Drive had duly petitioned the County and requested that these roads be included as additions to the State Maintained Secondary Road System.
Commissioner Trivette, seconded by Commissioner Honeycutt, made a motion to adopt resolutions requesting the North Carolina Division of Highways include Shook Road, Timberlakes Drive, Critcher Meadows, and Fred’s Drive as additions to the State Maintained Secondary Road System.
VOTE: Aye-5
Nay-0
E. 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 the size and concentration of the spill continued to decrease. The County Manager stated the entire document was available for review at the County Manager’s office.
Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to submit the Monitoring Report to the North Carolina Department of Environmental and Natural Resources.
VOTE: Aye-5
Nay-0
F. Boards and Commissions – County Manager Nelson gave a second reading of a recommendation from the Boone Town Council to replace an ETJ member of the Boone Board of Adjustment to fill an unexpired term through June 30, 2004.
Commissioner Trivette nominated Mr. Jimmy Marsh, who was then unanimously appointed to the Boone Board of Adjustment as an ETJ member to fill the unexpired term through June 30, 2004.
VOTE: Aye-5
Nay-0
G. Announcements – County Manager Nelson announced upcoming events.
Commissioner Trivette requested that the Board add discussion of Economic Development issues to the scheduled work session for Tuesday, October 28, 2003, at 6:00 P.M. By consensus, the Board agreed.
CLOSED SESSION
At 8:45 P.M., Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to enter into Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Trivette, moved to resume the open meeting at 9:10 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Honeycutt, seconded by Commissioner Blust, moved to adjourn the meeting at 9:10 P.M.
VOTE: Aye-5
Nay-0
______________________________
James Coffey, Chairman
ATTEST:
______________________________
Anita J. Fogle, Clerk to the Board