MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 22, 2005
The Watauga County Board of Commissioners held a regular meeting on Tuesday, February 22, 2005, at 6:00 P.M. in the Board Room of the Watauga County Courthouse.
PRESENT: Jim Deal, Chairman
William R. Winkler, III, Vice-Chairman
David Blust, Commissioner
Keith Honeycutt, Commissioner
Winston Kinsey, Commissioner
Andrea Capua, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Assistant County Manager
Anita Fogle, Clerk to the Board
Chairman Deal called the meeting to order at 6:04 P.M. welcoming those in attendance.
Commissioner Blust opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the February 7, 2005, regular meeting minutes and the February 7, 2005, closed session minutes.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the February 7, 2005, regular meeting minutes as presented.
VOTE: Aye-4(Deal, Winkler, Blust, Honeycutt)
Nay-0
Absent-1(Kinsey)
Clerk’s Note: Commissioner Kinsey arrived at the meeting at 6:05 P.M.
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the February 7, 2005, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the February 22, 2005, agenda.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the February 22, 2005, agenda as presented.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON CHARTER COMMUNICATIONS CABLE RATE INCREASES
Chairman Deal declared a public hearing open at 6:06 P.M. to allow citizen comment on Charter Communications’ recent cable rate increases.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON CHARTER COMMUNICATIONS CABLE RATE INCREASES
Chairman Deal declared a public hearing open at 6:06 P.M. to allow citizen comment on Charter Communications’ recent cable rate increases.
Mr. Skip James, Director of Government Relations for Charter, Inc., stated that the rate increases were necessitated due to increased operating expenses. Mr. James answered several questions from the Board regarding Charter Communications and the rate increases.
Ms. Nancy Benson shared concerns regarding Charter Communications.
There being no further public comment, Chairman Deal declared the public hearing closed at 6:20 P.M.
This public hearing was for information only and therefore no Board action was required.
WATAUGACOUNTYSCHOOL BOARD MATTERS
A. Update on Watauga High School Plans – Mr. Andy Reece, Chairman of the Board of Education, reviewed the process that led to the decision to keep one high school in the County by either updating or replacing the current facility. After a search for property to locate a new school was futile, the decision was made to keep Watauga High School at its present site through renovation and additions. Mr. Reece stated that architects were currently being interviewed for the project and it was anticipated that the project would move forward in the next 60 days.
Dr. Bobbie Short, Superintendent, thanked all of those who were instrumental throughout the planning process for their dedication and hard work.
This report was for information only and therefore no Board action was required.
B. Appropriation Request – Mr. Reece requested an allocation of $253,342 for repairs that had been made at the Watauga High School. Mr. Reece stated that 50% of the roofing repair work was completed.
Clerk’s Note: In Fiscal Years 2004 & 2005, the Board of Commissioners allocated $550,000 to capital reserve for repairs and renovations to the high school. The current balance was $1,004,799.
Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the disbursement of the $253,342 appropriation from the County’s Capital Reserve Fund as requested by the Board of Education.
VOTE: Aye-5
Nay-0
APPALACHIAN VOICES PROPOSED RESOLUTION IN SUPPORT OF POLLUTION REDUCTION
Mr. J. W. Randolph and Mr. Harvard Ayers, representing Appalachian Voices, presented a draft resolution in support of pollution reduction. The resolution urged that the members of the North Carolina Congressional delegation support current and future legislation that was to reduce pollution that affects the mountains of North Carolina.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the resolution.
Commissioner Blust stated that he was not ready to adopt the resolution as he did not have sufficient information to do so at the time.
Commissioner Honeycutt stated that he would like to have information on why changes to the Clean Air Act were being considered prior to adoption of the resolution.
VOTE: Aye-3(Deal, Winkler, Kinsey)
Nay-2(Blust, Honeycutt)
PURCHASE REQUEST
Ms. Lisa Danner, Watauga County Emergency Management Director, reviewed proposals that were received to replace two emergency generators, one on Rich Mountain and one on Howard’s Knob. The generators powered the County’s emergency communication towers in the event of power failures and were approximately 15-16 years old. The replacements were planned and budgeted for this fiscal year.
Ms. Danner recommended that the bid be awarded to Mountaineer Electric in the amount of $18,750. Ms. Danner stated that a lower bid was received, however, it did not include the required concrete pads, additional charges for wiring, or the provision of a crane or lift vehicle to off load and move the generators. With these items considered, the Mountaineer Electric bid was the lowest turn key bid.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to award the bid for the purchase of the generators to Mountaineer Electric in the amount of $18,750.
VOTE: Aye-5
Nay-0
BUDGET AMENDMENTS
Finance Director Doris Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
233839-389002 Drug Funds-Federal $7,846
234310-455000 Capital Outlay-Other $7,846
103839-343100 Donations-Drug Dog $500
104310-439501 Training-Drug Dog $500
The amendment recognized receipt of Federal substance abuse funds to be used to purchase a drug dog and equipment and the donation of funds to assist in training the drug dog.
Account # Description Debit Credit
103300-343306 FEMA-Hurricane Ivan $15,467
263300-343306 FEMA-Hurricane Ivan $235
104330-449999 FEMA-Hurricane Expenses $157
104330-449994 O/S Agencies-FEMA $11,188
104330-412100 Salaries-Regular $1,872
104311-412100 Salaries-Regular $1,258
104350-412100 Salaries-Regular $992
264340-412100 Salaries-Regular $235
The amendment recognized the receipt of the second installment of expected FEMA assistance associated with Hurricane Ivan. These funds will reimburse local fire and rescue agencies for time and equipment expended during the disaster. Reimbursement is also included for County personnel overtime associated with Hurricane Ivan.
Account # Description Debit Credit
103300-343310 FEMA-Hurricane Frances $2,123
104330-449994 O/S Agencies-FEMA $2,113
104330-449999 FEMA-Hurricane Expenses $10
The amendment recognized the receipts of FEMA assistance associated with Hurricane Frances. These funds will reimburse local fire and rescue agencies for time and equipment expended during the disaster.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
The Board directed Ms. Isaacs to send a thank you letter to the person who donated the funds for training the drug dog.
PLANNING AND INSPECTION MATTERS
A. Secondary Road Systems Addition Request – Planning and Inspections Director, Mr. Joe Furman, stated that property owners of an extension of Highland Hall Road (NCSR 1381) had duly petitioned the County and requested that the road be included as an addition to the State Maintained Secondary Road System.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt a resolution to request the North Carolina Division of Highways include the extension of Highland Hall Road to the State Maintained Secondary Road System.
VOTE: Aye-5
Nay-0
B. Subdivision Performance Guarantee – Mr. Furman, Planning and Inspections Director, presented a subdivision performance guarantee for the Linville Creek Crossing subdivision which was an irrevocable letter of credit from AF Bank for road paving pursuant to section 92 of the Subdivision Regulations.
Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the subdivision performance guarantee as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. LawEnforcementCenter Change Order Requests – County Manager Nelson presented two change orders, which were discussed at an earlier meeting by the project architect, Mr. Jack Hemphill, for the Law Enforcement Center project. The first change order was for additional communications wiring, including computers, phones, fiber optics, and cable television outlets in the amount of $63,229. A credit in the amount of $50,280 that was budgeted but will not be needed for unsuitable soils was also included in change order # 1, which made the net amount for change order # 1 $12,949.
Change order # 2 was in the amount of $5,899 which was necessitated by additional site preparation for drainage that was required when a spring was encountered beneath one of the pads for one of the Law Enforcement Center buildings.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve change order # 1 in the amount of $12,949 and change order # 2 in the amount of $5,899 as presented by the County Manager.
VOTE: Aye-5
Nay-0
B. Annual Pre-Budget Retreat Draft Agenda – County Manager Nelson reviewed the tentative agenda for the retreat scheduled for March 11 & 12 at the Human Services Center.
The Board approved, by consensus, the draft agenda for the Annual Pre-Budget Retreat.
C. Ambulance Franchise Agreement – County Manager Nelson presented the Ambulance Franchise agreement between Watauga County and Watauga Medics, Inc., for a second reading. The County Manager stated that a franchise agreement needed to be adopted at two meetings. The previous Board of Commissioners approved the rates at a meeting prior to November 16, 2004, and instructed the County Attorney to draft the enclosed agreement. At their November 16, 2004, meeting they adopted the contract that was drafted as directed.
Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the second reading of the contract with Watauga Medics, Inc., for the provision of EMS services in Watauga County.
VOTE: Aye-5
Nay-0
D. Surplus Property Sale Request – County Manager Nelson stated that Parcel ID # 1888-05-4651-000 located in Mill Ridge was one of the fifteen lots that had been declared surplus and was currently being sold by the County through the upset bid process. Mr. David H. Cook was the current high bidder at $4,100 for this parcel and a ten day period had passed with no subsequent upset bids received. The County Manager referenced an e-mail received by Mr. Cook which cited his hesitance to purchase the lot as he had determined after his bid that the Mill Ridge Property Owners’ Association required fees for membership as well as water and sewer connectivity for the lot. Mr. Cook was advised of the opinion of the County Attorney, that should he fail to follow through with the purchase that the property would be returned to the upset bid process for sale and he would be responsible for the difference between his bid and the price obtained at the resale, if it was less than $4,100.00, and the County’s costs.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to accept Mr. Cook’s bid of $4,100.00 for Parcel ID # 1888-05-4651-000 with the understanding that if Mr. Cook chose not to follow through with the sale the property was to return to the upset bid process with the County retaining all rights under the law.
VOTE: Aye-5
Nay-0
E. Boards and Commissions – County Manager Nelson stated that a vacancy existed on the Watauga County Personnel Advisory Committee. The vacancy was for a Commissioner.
By consensus, Chairman Deal, agreed to serve on the Watauga County Personnel Advisory Committee.
County Manager Nelson stated that each year the Board of Equalization and Review heard appeals by citizens regarding their appraised tax values. The Board of Commissioners had historically served as the Board of Equalization and Review. However, the Board was allowed to appoint a special board by the first Monday in March to serve as the Board of Equalization and Review if so desired.
The Board, by consensus, chose to serve as the Board of Equalization and Review.
F. Announcements – County Manager Nelson announced that the Cooperative Extension Service had requested that Board members complete a questionnaire requesting input of how the Cooperative Extension Service could better serve the citizens of Watauga County. The County Manager requested to have the questionnaires returned to him prior to March 8, 2005, as he was to meet with the District Extension Director on that date.
County Manager Nelson shared current information from the NCACC about Medicaid reform bills that had recently been introduced in the North Carolina Legislature.
County Manager Nelson announced that a seminar entitled “Rules of Procedure for More Effective Meetings” was to be conducted by the Institute of Government Thursday, March 17, 2005, from 2:00 P.M. – 5:00 P.M. in Morganton.
County Manager Nelson announced that the joint retreat between the Board, the Town of Boone, and ASU was scheduled for March 23, 2005, at the Broyhill Inn beginning with lunch at 12 noon and the meeting until 5:00 P.M. The County Manager stated that a facilitator was scheduled to be present. Board members were asked to present topics of interest for the joint retreat to the County Manager by the March 7, 2005, Board meeting, which were to be forwarded to the Town of Boone.
County Manager Nelson announced that the Red Cross requested the Board reserve March 24, 2005, at 12 noon for a luncheon as March was “Red Cross Month”.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 7:30 P.M., Commissioner Honeycutt, seconded by Commissioner Blust, moved to enter Closed Session to discuss Personnel Matters, per G. S. 143-318-11(a)(6), Attorney/Client Matters, per G. S. 143-318-11(a)(3), and Land Acquisition G. S. 143-318-11(a)(5)(i).
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 8:06 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
Chairman Deal adjourned the meeting by consensus at 8:06 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board