MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, AUGUST 2, 2004
The Watauga County Board of Commissioners held a regular meeting on Monday, August 2, 2004, at 9:00 A.M. in the Board Room of the Watauga County Courthouse.
PRESENT: James Coffey, Chairman
Jimmy Hodges, Vice-Chairman
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 9:00 A.M. welcoming those in attendance.
A moment of silence was observed.
Chairman Coffey stated that Commissioner Blust was absent due to a prior commitment.
APPROVAL OF MINUTES
Chairman Coffey called for additions or corrections to the July 12, 2004, regular meeting minutes and the July 12, 2004, closed session minutes.
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to approve the July 12, 2004, regular meeting minutes and the July 12, 2004, closed session minutes as presented.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
APPROVAL OF AGENDA
Chairman Coffey called for additions and/or corrections to the August 2, 2004, agenda.
County Manager Nelson requested to delete Personnel Matters under Closed Session as it was a clerical error.
Commissioner Honeycutt, seconded by Commissioner Trivette, moved to approve the August 2, 2004, agenda as amended.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
BROOKSHIREROADPARK CHANGE ORDER REQUEST
Mr. Michael Trew with Municipal Engineering, Inc. reviewed three change orders. The first (Project Change Order # 2) was for a modification of the contract to add 41 days to the length of the contract due to bad weather, bringing the completion date to August 3, 2004. Mr. Trew recommended approval of this change order as it was routine.
Mr. Trew stated that the second (Project Change Order # 3) was $514 which was requested by County staff to modify the plumbing in a manner to allow for frost proof spigots and drains for winterization. Mr. Trew stated that this change order was previously approved by County Staff and approval was recommended.
Mr. Trew stated that the third (Project Change Order #4) was $27,300 for the import of fill dirt in the parking areas of the park. This change order did not receive prior approval from the County’s Engineer or County Staff. Mr. Trew did not recommend approving Change Order # 4 as the contract was for a lump sum amount. County Attorney Eggers-Gryder recommended further discussion in closed session under Attorney/Client Matters.
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to approve Project Change Order #’s 2 & 3 as presented and to refuse approval of Project Change Order #4 based upon the recommendation of Mr. Mike Trew who represented the Project Engineer, Municipal Engineering, Inc.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
RECREATION SUPPLY BIDS
Parks and Recreation Director, Mr. Stephen Poulos, presented the following bids that were received for recreation equipment and supplies:
|
Company*
|
Bid Amount
|
|
Sports Supply Group
|
$25,177.80
|
|
Passon Sports
|
$25,612.00
|
|
US Games
|
$28,387.00
|
* Note: All suppliers waived the shipping fee due to the size of the order
The items to be purchased consisted of balls, gloves, nets, football equipment, and other miscellaneous equipment and supplies that were needed throughout the year for programming purposes. Mr. Poulos stated that cost savings occurred by purchasing this quantity of equipment and supplies at one time. These were budgeted items and funds were present in the Parks and Recreation Department budget.
Commissioner Trivette, seconded by Commissioner Honeycutt, moved to award the bid for equipment and supplies for the Parks and Recreation Department to the low bidder, Sport Supply Group, in the amount of $25,177.80.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
EMERGENCY MANAGEMENT MATTERS
A. Annual Lease Agreement with ASU – Mr. Seth Norris, Emergency Management Tech I, reviewed an annual lease agreement with ASU allowing for the placement of an antenna on the County’s tower located on Rich Mountain. The proposal was for $200 per month, which is the rate in the current contract. Mr. Norris stated that, if approved, the agreement would be effective July 1, 2004 – June 2005.
After discussion, Commissioner Honeycutt, seconded by Commissioner Trivette, moved to approve the lease agreement with an increase in the amount of $600 per month and contingent upon the County Attorney’s review.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
B. Memorandum of Understanding for the State Medical Assistance Team Trailer – Mr. Norris reviewed a Memorandum of Understanding that was requested to be executed between Watauga County and the State of North Carolina to establish a State Medical Assistance Team (SMAT) in Watauga County. This was to formalize a grant that the Board had previously approved to receive a SMAT trailer, including decontamination and medical supplies, to staff a team for deployment from Watauga County. County Manager Nelson stated that the team was to consist of volunteers. Mr. Norris stated that the only cost to Watauga County was to be a 3% highway use tax on the trailer, in the amount of $564.43, which was present in the Emergency Management budget.
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to approve the Memorandum of Understanding with the State of North Carolina for the State Medical Assistance Team.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
TAX MATTERS
A. Monthly Collections Report – Ms. Merle Adams, Tax Collections Supervisor, presented the Tax Collections Report for the month of July 2004.
B. Releases and Refunds – Ms. Adams presented the following Refunds and Releases for July 2004 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to approve the Refunds and Releases Report for July 2004 as presented.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
C. Credit Card Authorization Request – Ms. Adams requested, on behalf of Mr. Kelvin Byrd, Tax Administrator, to enter into an agreement with Official Payment Corporation. This was a request for a third party provider to allow County taxpayers to pay their tax bills by Credit Card or E-checks, either by telephone or over the internet. Counties were not allowed by Statute to accept credit card payment unless a third party was used. The third party was to attach a fee for the service to the payment and there was no cost to the County. The fee was approximately 3% of the transaction, for example, a $1000 tax bill would have a $30 fee.
By consensus, the Board tabled further discussion until closed session for Attorney/Client Matters.
PARK UTILITY EASEMENT REQUEST
Assistant County Manager Geouque presented a request for an easement to allow Blue Ridge Electric Membership Corporation to provide electrical service to the Brookshire Road Park.
Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to approve the easement to allow Blue Ridge Electric Membership Corporation to provide power to the Brookshire Road Park contingent upon the County Attorney’s review.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
SHERIFF DEPARTMENT RECLASSIFICATION REQUEST
Assistant County Manager/Human Resource Director Geouque reviewed a request from the Sheriff to reclassify a Narcotics Detective to the position of Narcotics Lieutenant to allow reorganization to provide more supervision in the areas of grants administration and telecommunications and the narcotics detective division. Mr. Geouque stated that this request was inline with the reorganization that was approved last year.
Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to approve the reclassification request as presented by Assistant County Manager/Human Resource Director Geouque.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
DISCUSSION OF DRAFT ORDINANCE TO REGULATE WILD AND DANGEROUS ANIMALS
Assistant County Manager Geouque reviewed changes to the draft Ordinance to Regulate Wild and Dangerous Animals. Discussion was held regarding the insurance coverage limit requirements and the County’s liability related to wild and dangerous animals.
By consensus, the Board tabled further discussion until a future meeting pending more information regarding insurance coverage requirements.
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. EMS Proposals Discussion – County Manager Nelson stated that bids were received from Watauga Medical Center, Inc., and Watauga Medics, Inc., for EMS service in Watauga County. The County Manager stated that a decision regarding the provision of EMS service should be made by the first meeting in September.
By consensus, the Board scheduled a work session at 5:45 P.M. in the Manager’s Conference Room to interview both of the responders to the EMS Services RFP prior to the regular scheduled meeting on August 17, 2004.
Clerk’s note: The August 17, 2004, Board of Commissioners meeting will be held in Courtroom # 1 at 7:00 P.M. on August 17, 2004.
B. September Meeting Schedule – County Manager Nelson stated that the first meeting in September was scheduled for Monday, September 6, 2004, which was the Labor Day holiday. Historically the Board Meeting was rescheduled for the following Tuesday, which would be Tuesday, September 7, 2004, with the second meeting in September falling as regularly scheduled on the 21st.
Commissioner Honeycutt, seconded by Commissioner Trivette, moved to reschedule the first meeting in September to Tuesday, September 7, 2004, at 9:00 A.M.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
C. Budget Amendments – County Manager Nelson presented the following budget amendments for Board approval:
Account # Description Debit Credit
103300-343103 Northwest Methamphetamine Task Force $140,625
103991-399101 Fund Balance Approp.-New $15,625
103330-384000 Ashe County Match $15,625
103330-384001 Wilkes County Match $15,625
104314-412100 Salaries-Regular $28,500
104314-412200 Salaries-Overtime $20,000
104314-418100 Social Security/Medicare $2,280
104314-418200 Retirement Contributions $1,425
104314-418300 Hospital Ins. Expense $3,959
104314-418600 Workers Compensation $1,140
104314-418900 Deferred Compensation $1,283
104314-418901 Other Deferred Com-$30/month $360
104314-431200 Travel-Subsistence $5,000
104314-431201 Travel-NEC Clan Lab Cert. $30,000
104314-432100 Utilities-Telephone $5,000
104314-426000 Office Supplies $5,000
104314-449900 Misc.-Other $1,053
104314-451000 Capital Outlay-Equip. $42,500
104314-469500 Ashe County-Overtime $20,000
104314-469501 Wilkes County-Overtime $20,000
The amendment recognized the award of the Northwest Methamphetamine Task Force Grant Award. Watauga County was to administer the grant for the three Counties. Each County will provide a match of $15,625.
Account # Description Debit Credit
103300-343115 Gov. Crime Comm. O/T Grant $22,495
103991-399101 Fund Balance Approp.-New $7,499
104315-412200 Salaries-Overtime $29,994
The amendment recognized the award of a Governor’s Crime Commission Grant to provide additional overtime salary resources for detectives and patrol officers involved in the “investigation and disruption of street drug sales.”
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to approve the budget amendments as presented.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
D. Boards and Commissioners – County Manager Nelson gave a second reading of an ETJ representative appointment to the Town of Boone Planning Commission.
Commissioner Trivette nominated Mr. Charlie Walker, who was appointed by consensus, as Town of Boone Planning Commission ETJ representative.
County Manager Nelson gave a second reading of an appointment to the Town of Boone Board of Adjustment. Mr. Rick Foster’s term as an ETJ representative expired June 30, 2004. The County Manager stated that Mr. Foster was willing to continue to serve if reappointed.
Vice-Chairman Hodges re-nominated Mr. Foster who was appointed by consensus to serve an additional term.
County Manager Nelson gave a second reading of appointments to the AppalCART Board of Authority. Mr. Jerry Moretz, Ms. Jane Helm, Ms. Pat Coley, Mr. Donald Ray, Mr. Barry Sauls, and Mr. Bunk Spann’s terms expired on June 30, 2004. The County Manager stated that they were willing to continue to serve if reappointed. Ms. Deanna McGinnis, an at large member, whose term also expired, did not wish to be reappointed. County Manager Nelson had previously recommended that the Board consider appointment of Ms. Angie Boitnotte as an at-large member of the AppalCART Board of Authority.
Commissioner Trivette, seconded by Commissioner Honeycutt, moved to reappoint Mr. Jerry Moretz, Ms. Jane Helm, Ms. Pat Coley, Mr. Donald Ray, Mr. Barry Sauls, and Mr. Bunk Spann and to appoint Ms. Angie Boitnotte to the AppalCART Board of Authority.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
E. Announcements – County Manager Nelson announced that the Blue Ridge National Heritage Area (BRNHA) planning meeting was to take place on Thursday, August 19th from 1:00 P.M. – 3:00 P.M. at the Broyhill Conference Center, Trillium Ballroom.
County Manager Nelson announced that Watauga County had received official notification of an award of $50,000 in Community Development Block Grant Funds for entrepreneurial assistance. The grant was to be used in a cooperative effort with Appalachian Regional Development Institute and the County in developing entrepreneurship in Watauga County.
County Manager Nelson presented an invitation from the National Association of Counties to solicit involvement from Commissioners who have interest in the various committees and other opportunities. The County Manager stated that should any Board member wish to participate to please forward the completed application to Anita.
The County Manager stated that two House Bills of interest to Watauga County were passed in the most recent session of the Legislature.
1. The Technical Corrections Bill, House Bill 281, passed and included language that appeared to allow alcohol sales in establishments residing within a “state historic district”. According to Mr. Furman, Planning and Inspections Director, “the National Register of Historic Places and Local Historic Designations have no mention of state historic districts, this was significant because of the recent ABC Legislation referring to a state historic district, and there was no such designation. Therefore it would be reasonable for the County to oppose any ABC application based upon that provision.”
2. Senate Bill 277 granting exemption to University owned property (University Highlands Apartments) passed. The retroactive nature of the Bill was amended out prior to adoption. However, the Court of Appeals recently overturned the Property Tax Commission ruling regarding in favor of the University. This matter was to be discussed, in closed session, by the County Attorney, who was to enumerate options as well as to seek direction from the Board.
CLOSED SESSION
At 9:58 A.M., Commissioner Honeycutt, seconded by Vice-Chairman Hodges, 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-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to resume the open meeting at 11:18 A.M.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
ADJOURN
Commissioner Trivette, seconded by Commissioner Honeycutt, moved to adjourn the meeting at 11:18 A.M.
VOTE: Aye-4(Coffey, Hodges, Honeycutt, Trivette)
Nay-0
Absent-1(Blust)
______________________________
James Coffey, Chairman
ATTEST:
______________________________
Anita J. Fogle, Clerk to the Board