MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 19, 2004
The Watauga County Board of Commissioners held a regular meeting on Tuesday, October 19, 2004, 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 4, 2004, regular meeting and closed session minutes.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the October 4, 2004, regular meeting and closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Coffey called for additions and/or corrections to the October 19, 2004, agenda.
County Manager Nelson requested to present agenda item # 11 in that Sheriff Shook was unable to attend. The County Manager also requested to add Attorney/Client Matters, per G. S. 143-318-11(a)(3) to the scheduled closed session.
Commissioner Blust, seconded by Commissioner Trivette, moved to approve the October 19, 2004, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT SCATTERED SITE PROJECT BUDGET
Chairman Coffey declared a public hearing open at 7:02 P.M. to allow citizen input on an Amendment to the Community Development Block Grant Scattered Site Project Budget.
Mr. Joe Furman, Planning and Inspections Director, reviewed the proposed budget amendment in which the number of homes to be repaired was to change from eight to five or six. The rehabilitation line item was to be reduced to $60,000; the new clearance line was $10,500; the relocation line was $284,000; and the code enforcement line item was to be eliminated. The new budget line item increases were to provide for the demolition and replacement of homes deemed beyond repair with comparable mobile homes.
There being no public comment, Chairman Coffey declared the public hearing closed at 7:06 P.M.
Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to approve the budget amendment for the Community Development Block Grant Scattered Site Project as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO CONSIDER THE WATAUGACOUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN
Chairman Coffey declared a public hearing open at 7:08 P.M. to allow citizen input on the Watauga County Multi-Jurisdictional Hazard Mitigation Plan.
Mr. Seth Norris with Emergency Management reviewed the proposed plan and resolution to adopt the plan.
There being no public comment, Chairman Coffey declared the public hearing closed at 7:11 P.M.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to adopt the Resolution of Adoption for the Watauga County Multi-Jurisdictional Hazard Mitigation Plan.
VOTE: Aye-5
Nay-0
ABC PERMITTING PROCESS DISCUSSION
Rev. Mark Creech, Executive Director of the North Carolina Christian Action League, discussed ABC permitting processes affecting Watauga County. Rev. Creech stated that the section regarding ABC permitting in an historical district in House Bill 281, which was recently passed as a technical corrections bill, was unconstitutional as it only affected Watauga County and violated the North Carolina Constitution Article II, Section 24 and Article XIV, Section 3. Rev. Creech urged the Board of Commissioners bring litigation against the ABC Board for issuing permits in violation of the Constitution in Watauga County. Rev. Creech stated that three other counties had filed and won similar suits.
This report was for information only and therefore no action was required.
SUBDIVISION PERFORMANCE GUARANTEE REQUEST
Mr. Joe Furman presented a subdivision performance guarantee for the Glen Forest subdivision which was an irrevocable letter of credit from High Country Bank for road paving pursuant to section 92 of the Subdivision Regulations.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the subdivision performance guarantee as presented by Mr. Joe Furman.
VOTE: Aye-5
Nay-0
ADMINISTRATIONBUILDING CHANGE ORDER REQUEST
Mr. Randy Jones, Architect for the Administrative Building, stated that while excavating in the parking lot of the Administration Building site, the odor of gasoline was discovered at which time all operations ceased. Upon notification of the Architect and the County, a geologist was called in from Geonetics Corporation to test the soils in the excavation area. It was determined that a surface spill had occurred sometime in the distant past dating before the County owned the property. Therefore the County was not the responsible party for the spill so no notification was required to the North Carolina Department of Environment and Natural Resources (DENR) and the only remediation required was proper disposal of the excavated soil to date. However, the Manager stated that he had instructed the County’s Geologist, Mr. Keith Seramur, to notify DENR of the discovery and to request a DENR permit for temporary storage of the contaminated soils. Mr. Seramur was to also test the remaining area in the parking lot to determine how much additional soil needed to be removed.
Mr. Randy Jones contacted Vannoy and Sons and negotiated a unit price to execute a subsequent change order to handle the slightly contaminated soils. Vannoy and Sons proposed a per cubic yard charge of $10 to excavate, load, and transport the soils to the Watauga County Landfill for temporary storage. Also, replacement dirt was to be furnished by the County from the landfill and Vannoy and Sons proposed a charge of $9 per cubic yard for this. Mr. Jones stated that these costs were fair and in line with the County’s contract with Vannoy. Per the contract, Vannoy also requested $306 per day for time lost for costs that they incurred while the project was slowed due to encountering the poor soils.
Mr. Jones stated that a change order would be presented at a future meeting when exact dollar amounts were known.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to table the change order request.
VOTE: Aye-5
Nay-0
Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to approve the unit prices of $10.00 per cubic yard for loading and hauling contaminated soils; $9.00 per cubic yard for hauling replacement soils from the landfill to the site; and $306 per day for extended on-site general conditions costs associated with the delay to critical-path construction schedule as presented by Mr. Jones.
VOTE: Aye-5
Nay-0
[Clerk’s Note: The charges were to be incorporated into a change order for presentation at a future meeting.]
USDA-NATURAL RESOURCES CONSERVATION SERVICE EMERGENCY WATER-SHED PROTECTION PROGRAM
Mr. David Tucker, District Conservationist with USDA-NRCS, discussed the Emergency Watershed Protection (EWP) Program. The program was to provide federal assistance to regain damages sustained in September 2004 from Tropical Storms Frances and Ivan. The primary focus of the program was to protect lives and property from the hazards of floodwater and erosion damage. Participation in the program required a 25 percent match. The required 25 percent local cost-share match may be allocated by the State. However, should State funds not be forthcoming, the County was responsible for the match if the Board chose to participate in the program.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to appoint David Tucker, Derek Goddard, Lisa Danner, a Planning & Inspections representative and a Manager’s Office representative to a committee to start gathering information and to set priorities to be addressed in a potential EWP grant.
VOTE: Aye-5
Nay-0
WATAUGA COUNTY 2005-2007 WORK FIRST PLAN
Mr. Jim Atkinson, Director of Social Services, reviewed the County’s Fiscal Year 2005-2007 Work First Plan. The public comment period ended on Friday, October 15, 2004, and the Plan had to be submitted to the State by November 1, 2004.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to adopt the County’s Fiscal Year 2005-2007 Work First Plan.
VOTE: Aye-5
Nay-0
SHERIFF’S DEPARTMENT MATTERS
A. Radio Repeater Purchase Request – County Manager Nelson presented a request to purchase and install a radio repeater with a 125 watt Quanter VHF (132-174) for a total amount of $16,054 from Wireless Communications, Inc. The County Manager stated that costs were at state contract prices. Funds for this purchase were contained in the Fiscal Year 2005 budget. Board action was required to approve the purchase in that the amount was over $15,000.
Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to approve the radio repeater purchase request as presented by the County Manager.
VOTE: Aye-5
Nay-0
B. Traffic Grant Resolution Request – County Manager Nelson stated that Watauga County was in the third year of a traffic safety grant that required 50% matching funds. The amount of the match was $21,126 and was present in the County’s Fiscal Year 2005 budget. The County Manager presented a North Carolina Governor’s Highway Safety Program Local Governmental Resolution for adoption to approve continuance of the grant.
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to adopt the resolution to continue the grant into the third year as presented by the County Manager.
VOTE: Aye-5
Nay-0
PROPOSED SALE OF SURPLUS PROPERTY
Ms. Doris Isaacs, Finance Director, stated that the upset bid process had been ongoing on the property declared as surplus that consisted of approximately 2 ½ acres above the new Health Department building. The current bid in the amount of $29,870 was from Tom and Mary Adams. The ten day upset period passed with no subsequent bids received. Therefore, the current high bid was $29,870 and Board action was requested to approve the sale. Ms. Isaacs stated that the appraisal of the property was in the amount of $26,250.
Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the sale of the property declared as surplus that consisted of approximately 2 ½ acres above the new Health Department building to Tom and Mary Adams in the amount of $29,870 contingent upon the County Attorney drafting the appropriate documents and executing the sale.
VOTE: Aye-5
Nay-0
JUVENILE CRIME PREVENTION COUNCIL MATTERS
A. Fiscal Year 2005 Certification Request – Ms. Doris Isaacs, representing the Juvenile Crime Prevention Council (JCPC) reviewed the certification for the Fiscal Year 2005 JCPC grant. Ms. Isaacs requested approval of the certification prior to forwarding it to the State of North Carolina Department of Juvenile Justice and Delinquency Prevention.
Commissioner Blust, seconded by Commissioner Trivette, moved to approve the certification for the Fiscal Year 2005 JCPC grant as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
B. Board Appointments Request – Ms. Isaacs reviewed a list of recommended appointments to the JCPC Board.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to appoint Mitchell Yates, Carl Underwood, Troy Cook, Charles Byrd, Mechelle Gatling, Gail Hawkinson, Caleb Jackson, Doris Isaacs, Joey Dickson, David Blust, William Suddreth, Steve Carlson, Alexander Lyerly, Sarah Reed, Jenny Miller, Holly Goodwin, Karee Teague, Melissa Johnson, Wendy Tonker, and Jeremy Blocker to the JCPC Board as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
C. Annual Plan Presentation – Ms. Isaacs reviewed the Fiscal Year 2005 JCPC Annual Plan.
This report was given for information only and therefore no action was required.
TAX DEPARTMENT VEHICLE PURCHASE REQUEST
Mr. Kelvin Byrd, Watauga County Tax Administrator, reviewed bids that were received in response to a request for proposal (RFP). The RFP was either for a new or program car (four-wheel drive SUV) for model years 2004 or 2005 and required a 5% bid deposit. The following bids were received:
|
Dealership
|
Amount
|
5% Bid Deposit Included
|
Type of Vehicle
|
|
Mack Brown Inc.
|
$16,875
|
Yes
|
2004 S-10 Blazer
|
|
Boone Ford L-M
|
$23,000
|
Yes
|
2004 Explorer
|
|
Southern States Subaru
|
$19,992
|
Yes
|
2005 Forester
|
|
Southern States Subaru
|
$18,500
|
Yes
|
2004 Outback
|
|
Toyota of Boone
|
$30,215
|
No
|
2005 Highlander
|
Out of the four appropriate bids, Mr. Byrd recommended the lowest from Mack Brown, Inc., for $16,875 for a 2004 S-10 Blazer which was a program car with less than 15,000 miles.
Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to award the bid to Mack Brown, Inc., for a 2004 S-10 Blazer in the amount of $16,875.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Inmate Meal Provision Contract Request – County Manager Nelson reviewed a contract for meal provision to inmates in the Watauga County Detention Center from Watauga Medical Center. This was a continuation of an ongoing contract with the rates prior to this contract at $2.48 for breakfast and $3.68 for lunch and dinner. The new rates were $2.55 and $3.79 respectfully. The County Manager stated that an addendum was attached which offered a 30% discount for medical services provided to Watauga County prisoners by the Medical Center. This discount was offered by the Medical Center to assist the County in providing mandated medical care to prisoners.
By consensus, the contract was tabled to allow for negotiation to change the termination clause in the contract to six months.
B. Boards and Commissions – County Manager Nelson gave a second reading of appointments to the Watauga County Parks and Recreation Commission. Nominations were not yet received for representatives for the Cove Creek and Blowing Rock areas. Nominations were received for Town of Boone representatives to the Recreation Commission as follows: reappointment of Mr. Joe Robinson, III; reappointment of Ms. Maggie McFadden; and appointment of Mr. West Eppley to replace Dr. Horn.
Commissioner Trivette, seconded by Commissioner Honeycutt, moved to reappoint Mr. Joe Robinson, III and Ms. Maggie McFadden; and to appoint Mr. West Eppley to the Watauga County Parks and Recreation Commission.
VOTE: Aye-5
Nay-0
C. Announcements – County Manager Nelson announced that the fifth annual Future Forward Leadership Summit was scheduled for November 17, 2004, at the Broyhill Inn and Conference Center from 8:30 A.M. to 3:30 P.M.
BREAK
Chairman Coffey called for a short break prior to public comment.
PUBLIC COMMENT
Mr. Earl Bowles, Ms. Pam Williamson and Ms. Deborah Greene spoke.
CLOSED SESSION
At 9:09 P.M., Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to enter 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
Commissioner Honeycutt, seconded by Vice-Chairman Hodges, moved to resume the open meeting at 9:33 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Honeycutt, seconded by Commissioner Trivette, moved to adjourn the meeting at 9:33 P.M.
VOTE: Aye-5
Nay-0
James Coffey, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board