MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, DECEMBER 6, 2004
The Watauga County Board of Commissioners held a regular meeting on Monday, December 6, 2004, 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
Robert E. Nelson, Jr., County Manager
Anita J. Fogle, Clerk to the Board
Deron Geouque, Assistant County Manager
Chairman Coffey called the meeting to order at 9:03 A.M. welcoming those in attendance.
APPROVAL OF MINUTES
Chairman Coffey called for additions or corrections to the November 16, 2004, regular meeting minutes.
Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to approve the November 16, 2004, regular meeting minutes as presented.
VOTE: Aye-4(Coffey, Hodges, Blust Honeycutt)
Nay-0
Absent-1 (Trivette)
A recess was declared at 9:04 A.M. for the swearing-in of newly elected Commissioners Jim Deal, Winston Kinsey, and William Winkler, which was held in Courtroom #1.
The meeting reconvened at 9:47 A.M. in the Board Room.
BOARD ORGANIZATIONAL MATTERS
The meeting was turned over to County Manager Nelson for the election of the Chairman of the Watauga County Board of Commissioners.
A. Election of Officers. County Manager Nelson called for nominations for Chairman of the Watauga County Board of Commissioners. Commissioner Winkler nominated Commissioner Deal for Chairman. There being no other nominations, a vote was taken.
VOTE: Aye-5
Nay-0
The meeting was then turned over to Chairman Deal.
Chairman Deal called for nominations for Vice-Chairman of the Watauga County Board of Commissioners. Commissioner Kinsey nominated Commissioner Winkler for Vice-Chairman. There being no other nominations, a vote was taken.
VOTE: Aye-5
Nay-0
B. Staff Appointments. Winston Kinsey moved to appoint Anthony di Santi and Andrea Capua as legal counsel for Watauga County with Andrea Capua serving as legal counsel for the Department of Social Services.
VOTE: Aye-5
Nay-0
Commissioner Honeycutt moved to re-appoint Robert E. Nelson, Jr. as Watauga County Manager; Anita J. Fogle as Clerk to the Board; and René Barnes as Substitute Clerk to the Board.
VOTE: Aye-5
Nay-0
C. Commissioner-Boards & Commissions Appointments. The following Commissioner Board appointments were made by Chairman Deal:
Appalachian District Health Department Kinsey
AppalCART Authority Winkler
Blue Ridge Resource Conservation & Development Area Blust
Children’s Council/Child Protection Team Blust
Committee of 100 Winkler
Community Council (2 appointees) Honeycutt
Deal
Criminal Justice Partnership Blust
Economic Development Commission Kinsey
EMS Advisory Committee Kinsey
Future Forward Kinsey
Juvenile Crime Prevention Council Blust
Library Board Winkler
Motor Vehicle Valuation Review Committee Kinsey
New River Mental Health Winkler
Northwestern Regional Housing Authority James Wilcox
(term expired 12/12/09)
POA Advisory Committee Honeycutt
(Home & Community Care Block Grant)
High Country Council of Governments-Exec. Bd. Winkler
(term expired 6/2004)
Volunteer Resource Center Honeycutt
WAMY Community Action, Inc. (2 appointments) Fred Badders
Mike Salzano
Watauga Advisory Board (CCC&TI) Kinsey
Watauga County Medical Center Board of Trustees Deal
Watauga County Fire Commission Kinsey
Watauga Opportunities, Inc. Honeycutt
Watauga County Recreation Commission Deal
Watauga County Department of Social Services (2 appointments) Honeycutt
Shirlee Gaines-Edwards
Workforce Development Consortium Deal
Chairman Deal recommended establishing an Educational Planning Committee consisting of 2 County Commissioners, 2 School Board members, and appropriate staff from both Boards.
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to establish the Educational Planning Committee as requested by Chairman Deal and to appoint Commissioners Deal and Honeycutt to the Committee.
VOTE: Aye-5
Nay-0
D. Fidelity Bonds. The following individual fidelity bonds were presented for approval:
Position Bond Amount Statutory Requirement
Finance Director $50,000 At least $10,000, no more
than $250,000 G.S. 159-29
Deputy Finance Director $50,000 Same as above
(Robert. E. Nelson, Jr.)
Tax Collector $50,000 Amount considered reasonable
by BCC G.S. 105-349-c
Register of Deeds $50,000 At least $10,000 but no more
than $50,000 G.S. 161-4
Sheriff $25,000 $25,000 maximum G.S. 162-8
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the individual fidelity bonds as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions or corrections to the December 6, 2004, agenda.
County Manager Nelson requested to add consideration of a draft resolution declaring December as “Choose and Cut” month in Watauga County. The County Manager also requested to present Sheriff Shook’s agenda item as the Sheriff was out of town.
Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the December 6, 2004, agenda as amended.
VOTE: Aye-5
Nay-0
VEHICLE BID AWARD REQUESTS
County Manager Nelson stated that Sheriff Shook had requested to purchase six (6) Crown Victoria police cars and one (1) Ford Van with funds for these purchases included in the current year’s budget.
County Manager Nelson explained that the first formal bid request did not receive the required three appropriate responses for the requested vehicles. The second bid process received two responders. County Manager Nelson stated that the Sheriff recommended that the Ford E-350 Super Cargo Van be purchased from Bobby Jones Ford at a price of $31,007.40, the low bid. The Sheriff also requested that the six 2005 Crown Victorias be purchased from Boone Ford, Inc. for $122,165, the low bid.
Commissioner Winkler, seconded by Commissioner Honeycutt, moved to accept the bid proposals and to approve the purchase of the vehicles.
VOTE: Aye-5
Nay-0
EMERGENCY WATERSHED PROGRAM DISCUSSION
Mr. David Tucker, District Conservationist with USDA/NRCS, discussed the Emergency Watershed Protection (EWP) Grant Program. The program was to address damages that were caused by the two tropical storms in September 2004. EWP funds were to be used for debris removal from streams, stream bank restoration, or slope stabilization. On November 16, 2004, the Board of Commissioners approved applications for funds in the amount of $483,583 that required a 25% local match. The first EWP estimates were primarily for the Foscoe/Valle Crucis/Cove Creek areas of the County.
The White Laurel Subdivision was impacted by a landslide which caused six houses to have been condemned and deemed uninhabitable by the Town of Boone. EWP funds could be used for stabilization of this area.
Mr. Tucker reported that Governor Easley had sent a letter stating that North Carolina was to be forthcoming with funds for the local match requirements. However, the County Manager stated that the execution of the contracts for each specific project would obligate the County for the local match and should State funds not be forthcoming the County would need to use its fund balance.
Relevant to the exigency sites only, Mr. Tucker asked for approval of the following three items: that the Board 1) waive the practice to require Board approval for bids over $15,000; 2) assign Assistant County Manager, Deron Geouque, authorization to enter into contracts with the low bidders for EWP projects contingent on the County Attorney’s review; and 3) instruct Watauga County Soil and Conservation Department to work on the Emergency Watershed Program.
The Board agreed to table further discussion until after the scheduled closed session.
BOARD OF ELECTIONS GRANT PURCHASE REQUESTS
As Ms. Jane Hodges was not present, The County Manager reviewed grant funds that were received for technology improvements in the Board of Elections office. The County Manager stated that by local practice, any purchase over $15,000 required Board of Commissioner approval. The County Manager requested Board approval for the purchases as presented by the Board of Elections in the amount of $45,393.37.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the purchases as requested.
Commissioner Honeycutt requested a breakdown of the miscellaneous items requested prior to action on the motion.
The Board agreed, by consensus, to table action until the end of the meeting to allow a Board of Election representative to specify purchases listed as miscellaneous items.
HOME AND COMMUNITY CARE BLOCK GRANT BUDGET REVISION REQUEST
Ms. Angie Boitnotte, Director of Project on Aging, discussed a budget revision to the Project on Aging’s Fiscal Year 2005 Home and Community Care Block Grant (H&CCBG) budget. The Fiscal Year 2005 allocation was increased by $2,857 which totaled $232,454. This amount required a $25,326 local match that was present in the agency’s Fiscal Year 2005 budget.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to accept the funds through the Home and Community Care Block Grant and expend them as presented by Ms. Boitnotte.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator, Kelvin Byrd, presented the Tax Collections Report for the month of November 2004.
B. Releases and Refunds – Tax Administrator Byrd presented the following Refunds and Releases for November 2004 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the Refunds and Releases Report for November 2004 as presented.
VOTE: Aye-5
Nay-0
C. Requested Resolution to Authorize the Upset Bid Process for Surplus Land Sale – Mr. Byrd presented a resolution authorizing the start of the upset bid process for the sale of fifteen various properties (as listed below) that were owned by Watauga County which had been declared as surplus on June 22, 2004. The properties were obtained due to non-payment of taxes.
|
Parcel ID
|
Property Description
|
Acre
|
Current High Offer
Made By:
|
Amount of Offer
|
Minimum Amount of Upset Bid Required
|
|
2859-80-0858-000
|
Horseshoe Ridge
lot 108
|
.47
|
Powder Horn Mtn. POA
Deep Gap, NC
|
$750.00
|
$825.00
|
|
1878-88-0455-000
|
Devils Den
lot 63
|
.26
|
BEFC Inc.
Blowing Rock, NC
|
$900.00
|
$990.00
|
|
2904-40-9792-000
|
Off Profit Rd.
|
1.00
|
David G. McClune
Boone, NC
|
$3,001.00
|
$3,201.05
|
|
2859-61-7740-000
|
Bright Penny
lot 53
|
.78
|
Roger C. & Sylvia D. Thompson
Charlotte, NC
|
$1,100.00
|
$1,205.00
|
|
2859-61-1463-000
|
Bright Penny
lot 62
|
.73
|
Powder Horn Mtn. POA
Deep Gap, NC
|
$750.00
|
$825.00
|
|
2859-31-4341-000
|
LaurelRidge
lot 53
|
.52
|
Powder Horn Mtn. POA
Deep Gap, NC
|
$750.00
|
$825.00
|
|
2859-81-3243-000
|
Horseshoe Ridge
lot 87
|
.48
|
Tyler E. and Joyce M. Glenn
Robertsdale, AL
|
$1,000.00
|
$1,100.00
|
|
2859-50-8483-000
|
Bright Penny
lot 35
|
.73
|
Carroll G. and Patricia Ipock
New Bern, NC
|
$825.00
|
$907.50
|
|
2859-60-7240-000
|
TroutLake
lot 21
|
.55
|
Powder Horn Mtn. POA
Deep Gap, NC
|
$750.00
|
$825.00
|
|
1941-33-5912-000
|
WR
lot 356 AA
|
.30
|
BEFC Inc.
Blowing Rock, NC
|
$850.00
|
$935.00
|
|
1941-43-1415-000
|
WR
lot 341 AA
|
.30
|
George R. and Clarice Morgan
Pineville, NC
|
$1,750.00
|
$1,887.50
|
|
1941-41-9642-000
|
WR
lot 515 AA
|
.50
|
BEFC Inc.
Blowing Rock, NC
|
$500.00
|
$550.00
|
|
1950-36-0084-000
|
Charter Hills C256
|
.53
|
BEFC Inc
Blowing Rock, NC
|
$900.00
|
$990.00
|
|
1888-16-1007-000
|
Mill Ridge
lot B40
|
.08
|
Steven P. & Pamela Nowatka
Banner Elk, NC
|
$500.00
|
$550.00
|
|
1888-05-4651-000
|
Mill Ridge
lot G24
|
.09
|
Joseph & Amy H. Jewell
Banner Elk, NC
|
$525.00
|
$577.50
|
The amounts listed were to be advertised as the starting bid amount for the specific properties. The properties were to be advertised for a period of ten days at which time upset bids might be received as specified in the resolution. At the end of the upset bid process, if no subsequent bids were received, the current high bids for each parcel were to be presented to the Board for consideration at a future meeting. At anytime during the process the Board could reject any or all bids. The purpose of the sale was two fold, one was to obtain funds for the non-payment of taxes with the second, more important purpose, being to place the property back on the tax rolls.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the resolution authorizing the upset bid process as presented.
VOTE: Aye-5
Nay-0
INDUSTRIAL FIELDS LEASE REQUEST
Mr. Stephen Poulos reviewed a lease for the use of the Town of Boone industrial fields, which were adjacent to the Boone Fire Department Substation and the County owned recreation complex. The area consisted of two fields, one small little league and one large adult softball. They were also used for football and soccer. The lease was for twenty-five years at $1 per year and was an extension of a lease that recently expired.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to enter into the lease agreement with the Town of Boone as presented by Mr. Poulos.
VOTE: Aye-5
Nay-0
ECONOMIC DEVELOPMENT MATTERS
A. Future Forward Report – Mr. Joe Furman, Acting Economic Development Director, presented a status report on the Future Forward Economic Development initiative. The initiative was a cooperative twelve county effort that was established by federal legislation to provide assistance with economic development in the area. Mr. Furman noted that the next Future Forward meeting was scheduled for December 8, 2004, and that a private business industry representative needed to be appointed to represent Watauga County on that Board.
The report was presented for information only and therefore no action was required.
B. NC Department of Commerce 21st Century Communities Program –Mr. Furman discussed the North Carolina Department of Commerce 21st Century Communities Program. The Department of Commerce was to select three counties to participate in the program that was to assist with local economic development efforts. Mr. Furman stated that Watauga County had received an invitation to participate by submitting a pre-application by December 15, 2004.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the submission of an application for Watauga County’s consideration in the 21st Century Communities Program.
VOTE: Aye-5
Nay-0
C. EDC Membership Discussion – Mr. Furman discussed an appointment to the Economic Development Commission (EDC) Advisory Board. Mr. Furman stated that the Town of Boone Mayor was previously appointed to the Board based on the Town’s financial contribution. Since the Town no longer funded the EDC, Mr. Furman stated that this was no longer an automatic appointment. The EDC Advisory Board recommended that Ms. Velma Burnley be appointed as a citizen representative to the Economic Development Commission.
The Board agreed by consensus to table appointment to the Economic Development Commission until the December 21, 2004, Board meeting.
EMPLOYEE AWARD OF EXCELLENCE DISCUSSION
Assistant County Manager Geouque stated that the Board had established an award of excellence program to reward employees that went above and beyond in carrying out their responsibilities for the citizens of Watauga County. The award consisted of one day off with pay and a $100 cash award.
Mr. Geouque stated that upon review of the five applications received, staff recommended that the award be presented to Mr. Chad B. Slagle, a social worker with the Department of Social Services, who had been instrumental in formulating the methamphetamine task force and in working with children who were affected.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to award Mr. Chad B. Slagle with the Employee Award of Excellence to be presented to Mr. Slagle at the employee Christmas Luncheon.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposed Memorandum of Agreement for TIP Project R-2237C (US Hwy 221 Widening) – County Manager Nelson stated that The Department of Transportation had forwarded a Memorandum of Agreement for consideration regarding TIP Project R-2237C which was the US 221 widening project in Blowing Rock that is in Caldwell and Watauga counties. The County Manager stated that the Memorandum of Agreement had been adopted and endorsed by the Blowing Rock Town Council.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt this Memorandum of Agreement as presented by the County Manager.
VOTE: Aye-5
Nay-0
County Manager Nelson presented information from the Citizens Information Workshop held by the DOT on November 18, 2004, regarding the widening of US 421 from Hardin Street to NC 194 (Jefferson Road). The County Manager stated that when this project was constructed that it was to utilize one side of King Street or the other from Dan’l Boone Inn to Hwy 194 and potentially displace a large number of the businesses and residences on the side chosen. The Manager sought direction from the Board in forwarding a letter to the Department of Transportation asking for similar enhancements that were offered to Blowing Rock for the 221 widening project. These enhancements were to consist of specialty lighting, landscaping, grass medians, native rock work, etc.
Chairman Deal requested that a resolution be prepared supporting said enhancements to the US 421 widening project and presented to the Board for adoption at the December 21, 2004, meeting.
B. Caldwell Community College & Technical Institute Joint Meetings Request – County Manager Nelson stated that Dr. Kenneth Boham, President of Caldwell College & Technical Institute had requested a joint meeting with the Board of Commissioners and the Board of Education and the CCC&TI Board of Trustees on May 12, 2005, at 6:00 P.M. at the White Oak campus. The County Manager stated that Dr. Boham had also requested an additional joint meeting with the Board of Commissioners and the Board of Trustees on September 8, 2005, again at the White Oak campus.
To allow Board members to verify availability of the time and dates, further discussion was tabled, by consensus, until the December 21, 2004, meeting.
C. NC Association of County Commissioners Legislative Goals Conference Voting Delegate Designation Request – County Manager Nelson stated that the North Carolina Association of County Commissioners (NCACC) Legislative Goals Conference was January 13 & 14, 2005, in High Point. The Association’s platform for lobbying was formulated at this meeting. The County Manager stated that the Association required that the Board of Commissioners designate a voting delegate to represent Watauga County at the conference.
Appointment of the voting delegate was tabled until the December 21, 2004, meeting.
D. Discussion of Joint Meetings, Work Sessions and Pre-Budget Retreat – County Manager Nelson stated that time had been reserved for discussion of joint meetings, work sessions, and the pre-budget retreat that the Board may wish to schedule.
The County Manager reviewed topics that had been discussed at previous years’ retreats. Mr. Nelson stated that the pre-budget retreat offered opportunity for the Commissioners to gather information in order to give direction prior to preparation of the Manager’s recommended budget. The retreat was usually held the last weekend in February or the first weekend in March and was usually for 4 hours each day (Friday and Saturday).
This item was presented for information only and therefore, no action was required at this time.
E. Boards and Commissions – County Manager Nelson gave a second reading for the Watauga County Recreation Commission. Mr. Nelson stated that Mr. Patrick Sukow, Acting Principal at Blowing Rock Elementary School, recommended the reappointment of Mr. Michael Maybee and Mr. Mike Sherrill, Principal of Cove Creek Elementary School, recommended the reappointment of Ms. Laura Johnson to the Watauga County Parks and Recreation Commission.
Commissioner Honeycutt, seconded by Commissioner Winkler, moved to reappoint Mr. Michael Maybee and Ms. Laura Johnson to the Watauga County Parks and Recreation Commission.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that Mr. Alex Jernigan, Regional Ombudsman at High Country Council of Governments, recommended the reappointment of Ms. Angie Greene to the Watauga County Adult Care Home Community Advisory Committee.
County Manager Nelson stated that Ms. Judy Clarke, Chairperson of the Watauga County Council on the Status of Women, recommended the appointment of Ms. Pat Olsen to the Council on the Status of Women.
As the above were first readings, no action was required at this time.
F. “Choose and Cut” Resolution Request – County Manager Nelson read a proposed resolution designating December as “Choose & Cut Month in Watauga County”. The resolution was in support of the “choose and cut” industry in Watauga County. The County Manager read the proposed resolution.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to adopt the resolution designating December 2004 as “Choose & Cut Month in Watauga County”.
VOTE: Aye-5
Nay-0
G. Announcements – County Manager Nelson announced that the new commissioners’ school, “The Essentials of County Government”, was to be held in December, January and February.
The County Manager announced that the 2005 National Association of County’s Legislative Conference was scheduled for Friday, March 4th through Tuesday, March 8th in Washington, DC.
The County Manager announced that the County Employees’ Christmas Luncheon was scheduled for the 14th of December at the Dan’l Boone Inn between the hours of 12:00 Noon and 2:00 P.M.
The County Manager announced that the Board of Directors of Hospitality House had invited the Commissioners to a luncheon on December 8, 2004, at 11:30 A.M.
The County Manager announced that the Register of Deeds had invited the Board to a Christmas Celebration and to honor the retirement of Wanda Scott on December 9, 2004, from 11:30 A.M. to 2:00 P.M. in the Register of Deeds Office.
CLOSED SESSION
At 10:57 A.M., Commissioner Honeycutt, seconded by Commissioner Blust, 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-5
Nay-0
Commissioner Honeycutt, seconded by Commissioner Blust, moved to resume the open meeting at 12:19 P.M.
VOTE: Aye-5
Nay-0
EMERGENCY WATERSHED PROGRAM DISCUSSION CONTINUED
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to authorize staff to approve expenditures greater than $15,000 related to the Emergency Watershed Program exigency sites.
VOTE: Aye-5
Nay-0
BOARD OF ELECTIONS GRANT PURCHASE REQUESTS CONTINUED
Mr. Larry Henson with the Watauga County Board of Elections office gave the following breakdown of the requested expenditures for the technology information grant funding: $14,499.00 for 8 computers, $5,740.00 for 2 laser printers, $6,055.00 for 1 scanner, and $19,099.37 for 2 gigabit switches, 1 fax machine, 1 digital camera, and other miscellaneous items from the following list:
|
Qty
|
Item
|
Cost
|
Extended Price
|
With Tax
|
|
2
|
Vpn devices
|
$250.00
|
$500.00
|
$535.00
|
|
1
|
Dell 4100 mp Projector w/screen
|
$2,569.00
|
$2,569.00
|
$2,748.83
|
|
4
|
Computer Cable 100’ roll
|
$150.00
|
$600.00
|
$642.00
|
|
1
|
Security Camera System
|
$1,150.00
|
$1,150.00
|
$1,230.50
|
|
1
|
Security Door Lock
|
$675.00
|
$675.00
|
$722.25
|
|
1
|
Panasonic Telephone System
|
$9,749.45
|
$9,749.45
|
$10,431.91
|
|
1
|
Microsoft Office Power Point 2003
|
$219.99
|
$219.99
|
$235.40
|
|
1
|
Microsoft Windows XP Professional full version w/additional license
|
$329.49
|
$329.49
|
$352.55
|
|
1
|
Scan Soft Omniform 5.0 Premium
|
$738.28
|
$738.28
|
$789.95
|
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the purchases as requested.
VOTE: Aye-5
Nay-0
ADJOURN
Chairman Deal adjourned the meeting by consensus at 12:22 P.M.
VOTE: Aye-5
Nay-0
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board