MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 3, 2002
The Watauga County Board of Commissioners held a regular meeting on Tuesday, September 3, 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
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 9:02 A.M. welcoming those in attendance.
A moment of silence was observed.
APPROVAL OF MINUTES
Chairman Hodges called for additions or corrections to the August 5, 2002 regular meeting minutes, the August 5, 2002 closed session minutes and the August 19, 2002 special meeting minutes.
Vice-Chairman Coffey, seconded by Commissioner Sweeting, moved to approve the• August 5, 2002 regular meeting minutes, the August 5, 2002 closed session minutes, and the August 19, 2002 special meeting minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Hodges called for additions or corrections to the agenda.
County Manager Nelson stated that he would present the Tower Lease Agreement under Miscellaneous Administrative Items as Ms. Lisa Danner was attending a family member’s funeral.
Commissioner Sweeting, seconded by Vice-Chairman Coffey, moved to approve the September 3, 2002 agenda as amended.
VOTE: Aye-5
Nay-0
HUMANE SOCIETY REQUEST FOR SPACE
Ms. Dee Dundon, President of the Watauga Humane Society, requested to obtain the Hannah Building, after the Health Department’s relocation, to house the Humane Society operations. Ms. Dundon also requested to attend any workshops involving disposition of said property.
Ms. Dundon’s request was for information only and therefore no Board action was required and none was taken.
“STOP THE LITTER MONTH” PROPOSED PROCLAMATION
Ms. Nancy Reigel with MountainKeepers reported on a new initiative to clean up litter in Watauga County. Ms. Reigel presented a proposed proclamation declaring September as “Stop the Litter Month” in Watauga County. Ms. Reigel also invited the Board to attend a kickoff breakfast Wednesday, September 4?I, at 7:00 A,M. at the Agriculture Services Center.
Commissioner Wilkie, seconded by Commissioner Sweeting, moved to adopt the “Stop the Litter Month” in Watauga County Proclamation as presented.
VOTE: Aye-5
Nay-0
Nay-0
SHERIFF’S DEPARTMENT VEHICLE BID RECOMMENDATION
The Sheriff reviewed bids received for five new Crown Victoria patrol cars. Sheriff Lyons’ recommended accepting the low bid received from Bill Smith Ford in Southern Pines, North Carolina. The bids received were as follows:
B. Miller Ford, Boone, NC. Bid for five 2003 Crown Victorias at $107,582.85. Delivery 8 weeks after written confirmation.
Bill Smith Ford, Southern Pines, NC. Bid for five 2003 Crown Victorieas at $103,930. Delivery 60 days.
Commissioner Sweeting, seconded by Commissioner Lawrence, moved to award Bill Smith Ford the bid for the five new Crown Victoria patrol cars.
VOTE: Aye-5
Nay-0
Nay-0
TAX MATTERS
A. Monthly Collections Report — Tax Administrator, Kelvin Byrd, presented the Tax Collections Report for the months of July 2002 and August 2002.
B. Releases and Refunds — Tax Administrator Byrd presented the following Refunds and Releases for July 2002 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Sweeting, seconded by Vice-Chairman Coffey, moved to approve the
Refunds and Releases Report for July 2002 as presented.
VOTE: Aye-5
Nay-0
Nay-0
Tax Administrator Byrd presented the following Refunds and Releases for August 2002 for Board approval:
TO BE TYPED TN MINUTE BOOK
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to approve the Refunds and Releases Report for August 2002 as presented.
VOTE: Aye-5
Nay-0
Nay-0
C. Annual Tax Collector’s Settlement — Tax Administrator Byrd presented the following Annual Settlement Statements for Fiscal Year 200112002 for Board approval:
TO BE TYPED IN MINUTE BOOK
Vice-Chairman Coffey, seconded by Commissioner Sweeting, moved to approve the Annual Settlement Statements for Fiscal Year 2001/2002.
VOTE: Aye-5
Nay-0
Nay-0
D. Order of Collections Request — A sworn oath had been administered to Tax Administrator Byrd in order to collect taxes for the new Fiscal Year 2002/2003. 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
Vice-Chairman Coffey, seconded by Commissioner Lawrence, moved to grant
authorization to Tax Administrator Byrd to collect taxes for Fiscal Year 2002/2003.
authorization to Tax Administrator Byrd to collect taxes for Fiscal Year 2002/2003.
VOTE: Aye-5
Nay-0
Nay-0
PROJECT ON AGING MATTERS
A. Annual Report — Ms. Angie Boitnotte, Project on Aging Director, stated that the North Carolina Division of Facility Services required an annual report be complied and presented to the Board each year. Ms. Boitnotte reviewed the report and answered questions.
Commissioner Sweeting, seconded by Commissioner Wilkie, made a motion to accept the annual report as presented.
VOTE: Aye-5
Nay-0
B. SBI Access Agreement — Ms. Boitnotte reviewed a proposed Access Agreement with the State Bureau of Investigations (SBD to conduct background criminal investigations for prospective Project on Aging employees who provide direct services to the older adult population. Ms. Boitnotte stated that criminal background checks were required by the Division of Facility Services for licensure purposes.
VOTE: Aye-5
Nay-0
B. SBI Access Agreement — Ms. Boitnotte reviewed a proposed Access Agreement with the State Bureau of Investigations (SBD to conduct background criminal investigations for prospective Project on Aging employees who provide direct services to the older adult population. Ms. Boitnotte stated that criminal background checks were required by the Division of Facility Services for licensure purposes.
Commissioner Wilkie, seconded by Commissioner Sweeting, moved to approve the SBI Access Agreement as presented.
VOTE: Aye-5
Nay-0
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Budget Amendments — Finance Director Doris Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
143547-323001 Adoption Assit.-Incent. Funds $3,397
145390-440300 Adoption Tncentive-Fed. Funds $3,397
To recognize the award of federal funds to increase public awareness of the need to adopt children in DSS custody.
Account # Description Debit Credit
143300-345000 E&D Trans. Assist. Grant $9,404
145310-469845 E&D Trans.-Client Tras. $9,404
103300-345000 E&D Trans. Assist. $32,697
104500-469845 Appalcart-Paratransit-E&D $7,766
1052 10-469845 NRMH-Carolina Friendship-E&D $3,262
105550-431301 E&D Client Trans. $10,951
105890-469845 Wat. Opportunities-E&D $10,718
103300-345001 DOT-Work First $3,587
104500-469844 Work First-Employ. Trans. $3,587
103300-345002 DOT-Rural Gen. Public $24,143
104500-469843 Appalcart-RGP $24,143
To recognize the award of Elderly and Disabled Transportation Assistance, Work First, and Rural General Public transportation assistance funds.
Account # Description Debit Credit
103300-345002 DOT-Rural Gen. Public $10,544
104500-469846 Appalcart-RGP-Discretionary $10,544
To recognize award of FY 2002-03 Discretionary Rural General Public transportation funds. These funds are a pass through from the State to Appalcart.
Account # Description Debit Credit
663200-327501 Scrap Tire Disposal Grant $6,985
667420-469566 Contracted Services-Tire Disposal $6,985
To recognize award of Scrap Tire Disposal Grant to reimburse the County for excess tire management cost incurred between October 2001 - March 2002.
Vice-Chairman Coffey, seconded by Commissioner Sweeting, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
B. Sales Tax Report — Ms. Isaacs presented a report on sales tax revenues received by the County. Ms. Isaacs also explained State mandated changes in merchant reporting of sales tax that could negatively impact Watauga County revenues.
By consensus the Board agreed to instruct staff to draft a letter to Legislators and the Governor explaining the possible negative impact the mandated changes could have on Watauga County.
COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL
Mr. Joe Furman, Planning and Inspections Director, discussed an available $400,000 Conmiunity Development Block Grant (CDBG) for Watauga County. These grants were staggered each year to ensure that each county received funds on a non-competitive basis. Mr. Furman stated that, in the past, Region D Council of Governments had administered similar CDBG projects for Watauga County. Mr. Furman recommended to the Board that they approve Region D Council of Governments to prepare the County’s application and to administer the program. Mr. Furman also requested that a public hearing be set for the September 17, 2002 Board meeting regarding the CDBG.
Vice-Chairman Coffey, seconded by Commissioner Wilkie, moved to approve Region D Council of Governments to prepare the County’s CDBG application and to administer the program and to set a public hearing regarding the CDBG for the September 17, 2002 Board Meeting.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRAT1VE MATTERS
A. Tower Lease Agreement — County Manager Nelson stated that the annual lease agreement between Watauga County and Appalachian State University for use of the County’s communication tower on Rich Mountain for ASU communications was up for renewal. The County Manager stated that the terms of the agreement were the same as the current lease.
Commissioner Sweeting, seconded by Vice-Chairman Coffey, moved to approve the ASU Tower Lease Agreement as presented.
VOTE: Aye-5
Nay-0
B. Surplus Property Request — County Manager Nelson stated that State statutes required Board action to declare property as surplus prior to being removed from the County’s fixed asset inventory. The County Manager stated that Mr. J.V. Potter, Operation Service Director, notified him that the Sanitation Department had 72 dumpsters that were beyond useful life. Mr. Potter had requested permission to dispose of the dumpsters as scrap metal.
County Manager Nelson stated that G.S. 20-187.2 allows governing bodies of a law enforcement agency to award a retiring member his/her service side arm at a price determined by the governing body. The County Manager stated that the Sheriff’s Department had requested that the side arm and badge of a retiring Sheriff’s Department employee be awarded to him upon his retirement and that the Board set the price of the side arm at $1.
Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved to surplus the 72 dumpsters at the Sanitation Department and also approved the gun sale for retiring Sheriffs Department member for $1.00.
VOTE: Aye-5
Nay-0
VOTE: Aye-5
Nay-0
C. Discussion of Distribution Plan for Draft Ordinance — County Manager Nelson stated that at the last Board meeting the Board directed him to explore possible avenues for distributing the Draft Zoning Ordinance to the citizens of Watauga County. The County Manager presented a proposal from the Watauga Democrat to print 22,000 copies of the Draft Ordinance on newsprint and to distribute it in the Blowing Rocket and the Watauga Democrat as well as an additional 7,800 households in the County that were on their non-subscriber mailing list for advertising circulars.
The County Manager stated that the only resident households that the mailing and insertion would not cover would be to those bearing zip codes in other counties such as the MattneylFoscoe area having a Banner Elk zip code and the Todd area having an Ashe County zip code. The County’s Information Technologies Department could write a program to pull all households with zip codes that are not covered by the Watauga Democrat proposal. The additional cost of these mailings dependent upon the number would be approximately $500. Additionally, the County could have two or three thousand copies to pass out to those citizens who, for whatever reason, did not receive one from the Democrat proposal. The overall cost would be approximately $2,500, which could be taken from the Manager’s contingency fund.
The County Manager also presented a separate quote, received from another company, to print the ordinance as a booklet (25,000) on regular paper with mailing labels attached, which was offered at $9,659.00 not including postage.
Commissioner Wilkie, seconded by Commissioner Lawrence, moved to approve the proposal from the Watauga Democrat up to $3,000 with funds from the Manager’s contingency hind.
VOTE: Aye-5
Nay-0
VOTE: Aye-5
Nay-0
D. Town of Boone Meeting Request - County Manager Nelson stated that the Town of Boone had requested a meeting with the DOT and County representatives to examine the problem of truck traffic passing through Boone neighborhoods or using potentially unsafe roads in the County for deliveries primarily in the Howard’s Knob/Rich Mountain area. The Town of Boone Mayor recommended that two Commissioners and the County Manager represent the County in the joint meeting.
After discussion, Commissioner Sweeting, seconded by Commissioner Wilkie, moved to recommend Mr. Larry Byerly and Mr. Ted Greene to the Town of Boone for the committee, as they are citizens with concerns directly related to the truck traffic issue.
VOTE: Aye-5
Nay-0
VOTE: Aye-5
Nay-0
E. DOT Prison Camp Property Update – County Manager Nelson reported on conversations with DOT officials regarding the leased prison camp property on Hodges Gap Road. The County Manager stated that DOT proposed to amend the lease to exclude an approximate 2 acre area in the rear of the property that is currently used for a storage yard. DOT agreed to amend the lease description and to release the remainder of the property, approximately 5 acres, for demolition and possible use as the County’s Jail Facility in return.
This report was offered for information only at this time and the County Manager stated that the amended lease, when received, would be addressed at a future meeting.
No Board action was required and none was taken.
F. Architect Selection Report – County Manager Nelson stated that Committees had been formed to interview architects for the jail project, the transfer station and maintenance facility at the Sanitation Department, as well as the Brookshire Road park project. The Committee consisted of the Manager, the Assistant Manager, the Maintenance Director, as well as the Sheriff, Parks and Recreation Director, and Sanitation Director, for theft Departments’ respective projects. Interviews have been conducted for the Transfer Station and the Park projects and recommendations are planned for presentation at the September 17, 2002, meeting.
The County Manager stated that interviews for the Jail project were scheduled for September 5, 2002, between 1:00 P.M. and 5:00 P.M. and that one or two Commissioners were welcome to sit in on the interviews.
No Board action was required and none was taken.
G. Patriot Day Proclamation — County Manager Nelson presented a draft proclamation In Support of Patriot Day activities on September 11, 2002. The draft proclamation was forwarded for consideration from the National Association of Counties (NACo).
Commissioner Lawrence, seconded by Commissioner Sweeting, moved to adopt the Patriot Day Proclamation as presented.
VOTE: Aye-5
Nay-0
Commissioner Lawrence, seconded by Commissioner Sweeting, moved to adopt the Patriot Day Proclamation as presented.
VOTE: Aye-5
Nay-0
H. Proposal to Unseal Closed Session Minutes – County Manager Nelson stated that the County had received a request for closed session minutes to be unsealed. The Manager proposed for the County Attorney to review all closed session minutes dating to the beginning of his tenure and approve opening all minutes that were appropriate to be unsealed and to continue the process annually when the confidentiality of the minutes no longer needed to be protected.
Vice-Chairman Coffey, seconded by Commissioner Wilkie, moved to authorize the County Attorney to review and unseal closed session minutes, as appropriate, at this time and at the beginning of each fiscal year or more frequently as requested.
VOTE: Aye-5
Nay-0
Nay-0
I. Boards and Commissions — County Manager Nelson stated that the Blue Ridge Resource Conservation & Development Council had one member, Ms. Sue Sweeting, whose term expired August 29, 2002. The Council recommended that Ms. Sweeting be reappointed.
Commissioner Wilkie, seconded by Vice-Chairman Coffey, moved to reappoint Commissioner Sweeting to the Blue Ridge Resource Conservation & Development Council
VOTE: Aye-5
Nay-0
VOTE: Aye-5
Nay-0
The County Manager announced that the Valle Crucis Historic Preservation Commission had two members, Ms. Francis Pressly and Ms. Sarah Mast, whose terms expired in September 2002. Ms. Pressly was no longer a resident property owner of the Historic District and therefore not eligible for reappointment. Ms. Mast, however, was willing to be reappointed. The County Manager presented a list of resident property owners of the Historic District, all of whom would be eligible to serve on this Commission.
After discussion, the Board agreed to do a public service announcement requesting qualified volunteers to serve on this Commission. The Board also requested recommendations from the Commission for the empty seats.
J. Announcements – 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 stated that a joint meeting with the Watauga County Board of Commissioners and the Watauga County Planning Board was scheduled for Monday, September 16, 2002, at 5:30 P.M. in the conference room at the Human Services Building.
The County Manager stated that the MountainKeepers Breakfast was scheduled for 7:00 A.M. on September 4, 2002, at the Agriculture Conference Center to identify a set of actions that would lead to measurable reductions in roadside trash. The County Manager asked that Board members inform the Clerk to the Board if they wished to attend.
The County Manager stated that the New River Area board of Mental Health Developmental Disabilities and Substance Abuse invited the Board of Commissioners and their families to attend their annual picnic at Wilkes County Park on September 26, 2002, at 6:00 P.M. The County Manager asked that Board members inform the Clerk to the Board if they wished to attend.
County Manager Nelson stated that a discussion on the scenic highway designation of the Doc and Merle Watson Highway was scheduled to be on the Agenda for the September 17, 2002, Board meeting. The County Manager stated that citizens had requested to be placed on the agenda to discuss the designation as well.
After discussion, the Board agreed, by consensus, to limit the September 17, 2002, agenda to three speakers in favor of and three speakers opposed to the County’s scenic highway designation on a first come first served basis with each speaker limited to 5 minutes.
K. Discussion of Scheduling for Ordinances (Solid Waste & Junked Cars) – 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. County Attorney Hedrick stated that he would have the ordinances in final draft form to deliver to the Commissioners by September 6, 2002, for review before any scheduled work session.
By consensus, the Board scheduled a work session to continue work on the Junked Cars and Solid Waste Draft Ordinances on Monday, September 23, 2002 from 6:00 P.M. to 9:00 P.M. in the Manager’s Conference Room.
L. Spiritual Center of America (SCA) Tax Appeal Discussion – County Attorney Hedrick stated that the North Carolina Court of Appeals ruled in a split decision for the Spiritual Center of America. County Attorney Hedrick stated that an automatic right to appeal to the Supreme Court was available to Watauga County.
County Attorney Hedrick stated that he would answer any questions the Board may have regarding the SCA tax appeal in the closed session scheduled to discuss Attorney/Client matters.
CLOSED SESSION
At 10:36 A.M., Commissioner Sweeting, seconded by Commissioner Lawrence, moved to enter Closed Session to discuss Attorney/Client Matters, per G. 5. 143-318-1 1(a)(3) regarding the following three matters: 1) the Spiritual Center of America Tax Appeal, 2) a lease dispute with Appalachian State University, 3) and an update on the Vines and McNeill lawsuits.
VOTE: Aye-5
Nay-0
VOTE: Aye-5
Nay-0
Commissioner Sweeting, seconded by Commissioner Wilkie, moved to resume the open meeting at 11:10 P.M
VOTE: Aye-5
VOTE: Aye-5
Nay-0
SPIRITUAL CENTER OF AMERICA (SCA) DISCUSSION CONT.
Commissioner Lawrence, seconded by Vice-Chairman Coffey, moved for Watauga County to appeal the Spiritual Center of America Tax Appeal to the Supreme Court and to keep the same Attorneys.
VOTE: Aye-5
Nay-0
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Sweeting, seconded by Commissioner Lawrence, moved to adjourn the meeting at 11:14A.M.
VOTE: Aye-5
Nay-0
VOTE: Aye-5
Nay-0
Jimmy Hodges, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board