MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, JUNE 6, 2005
The Watauga County Board of Commissioners held a regular meeting on Monday, June 6, 2005, at 9:00 A.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
Tony di Santi, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Assistant County Manager
Anita J. Fogle, Clerk to the Board
Chairman Deal called the meeting to order at 9:04 A.M. welcoming those in attendance.
Commissioner Honeycutt opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the May 5, 2005, and May 10, 2005, special meeting minutes.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the May 5, 2005, and May 10, 2005, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Chairman Deal called for additions or corrections to the May 19, 2005, regular meeting minutes.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the May 19, 2005, regular meeting minutes as amended.
Nay-0
Chairman Deal called for additions or corrections to the May 19, 2005, closed session minutes.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the May 19, 2005, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the June 6, 2005, agenda.
County Manager Nelson requested that Economic Development Inducements be added under the scheduled Closed Session per G. S. 143-318.11(a)(4).
Commissioner Kinsey requested to add a Parks and Recreation discussion under Miscellaneous Administrative Matters.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the June 6, 2005, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SCATTERED SITE HOUSING PROGRAM GRANT #03-C-1104
Chairman Deal declared a public hearing open at 9:07 A.M. to allow citizen input on an Amendment to the Community Development Block Grant Scattered Site Project Budget.
Ms. Michelle Ball, High Country Council of Governments Planner, reviewed the proposed budget amendments 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 $27,000, which was to cover one home. The relocation line was changed to $319,000 which was to cover four homes. The new budget line item increases were to provide for the demolition and replacement of homes, which were deemed beyond repair, with comparable mobile homes.
There being no public comment, Chairman Deal declared the public hearing closed at 9:10 A.M.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the budget amendment for the Community Development Block Grant Scattered Site Project as presented by Ms. Ball.
VOTE: Aye-5
Nay-0
PROPOSED AMENDMENT TO THE AMBULANCE FRANCHISE AGREEMENT
Mr. Craig Sullivan, Watauga Medics, Inc., reviewed a proposed amendment to the franchise contract with the County which would allow for an additional on call crew to respond to out of county emergency transports between the hours of 8:00 P.M. and 8:00 A.M. seven days per week. The annual cost of this additional on call crew was $62,000. The request was originally presented at the pre-budget retreat and was discussed at budget work sessions. County Manager Nelson stated that funds were included in the FY 2006 budget. The contract also included corrective language regarding service to Avery County and also appointment of a Medical Director in lieu of a sponsor Hospital. The latter was necessitated by change in the North Carolina State EMS regulations.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the amended franchise contract with Watauga Medics as presented.
VOTE: Aye-5
Nay-0
APPALACHIAN DISTRICT HEALTH DEPARTMENT PERMITTING REPORT
Mr. Danny Staley, Director of Appalachian District Health Department, presented a report on the current status of permitting for septic systems in Watauga County. Mr. Staley stated that the Department was approximately two weeks behind and stated that additional personnel had been added and more were to be hired during Fiscal Year 2006 to cut down on waiting lists.
The report was for information only and therefore no Board action was required.
LOAN REPAYMENT REQUEST – COVE CREEK PRESERVATION AND DEVELOPMENT
Ms. Amy Shelton representing Cove Creek Preservation and Development (CCP&D) requested an amendment to the $225,000 loan repayment schedule with the current loan balance of $125,000 that the County issued in FY 2001 from the County’s Economic Development Capital Reserve Fund. The original schedule of repayment was amended by a previous Board with the balance due in June 2005. Ms. Shelton requested that the County consider forgiving all or part of the remainder of the loan payments due. Ms. Shelton stated if that was not an option that the contract be renegotiated for an additional five years with payments at $25,000 per year. Ms. Shelton stated that if the County opted for the latter, CCP&D was prepared to make the 2005 payment.
After discussion, Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to renegotiate the contract with Cove Creek Preservation and Development for five years with payments set at $25,000 per year with no interest with the first payment being due in June 2005.
VOTE: Aye-5
Nay-0
LYNHAVEN II, LLC, REFINANCING REQUEST
Mr. Joe Furman presented a background on the relocation of the Assisted Living Facility owned by Lynhaven II, LLC. The relocation was necessitated by the flood area mitigation in the Anne Marie Drive area. The County was the recipient of a loan from the Community Development Block Grant (CDBG) to assist with the relocation and construction of the new facility which was assumed by Lynhaven as part of the construction funds for the new facility, Glenbridge. The loan was to be paid by Lynhaven to the state through Wachovia Bank, which also loaned Lynhaven the rest of the construction money.
Mr. Don Watson, Attorney for Lynhaven II, LLC, the operator Glenbridge Assisted Living Facility, presented a proposed amendment to the loan participation agreement to refinance construction/relocation loans for the nursing home. The loans were to be transferred to Bank of the Carolinas and repayment of the CDBG funds was to be assigned to Bank of the Carolinas as well. Due to the CDBG recipient having been the County, it was necessary for the County to approve the assignment of repayment to the Bank of the Carolinas.
County Attorney di Santi stated that he had reviewed the documents and stated that the County was to be in an equal or better position by approving the request as the amount due was to be less.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the assignment of repayment of the Community Development Block Grant to the Bank of the Carolinas contingent upon the State’s approval, all papers being in order, and upon review by the County Attorney.
VOTE: Aye-5
Nay-0
PROPOSAL TO ALLEVIATE OVER CROWDING AT COUNTY STORAGE LOT
Patrol Captain Steve Thompson presented a report on the current status of the County’s overflowing impound lot. Most of the vehicles were there by virtue of court action, however a substantial number were free to be released to the owners of record. Patrol Captain Thompson proposed a policy to notify the owners with instructions to pick up the vehicles by a specific date otherwise the vehicles were to be towed and placed in private storage with the owner to be responsible for the storage and towing fees. Contracts were presented with Hampton’s Body Shop and J & M Wrecker Services for services to remove the vehicles.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the notification process by letter as well as the contracts with Hampton’s Body Shop and J & M Wrecker Services for towing and providing storage of vehicles that were not removed by owners in a timely fashion.
VOTE: Aye-5
Nay-0
BUDGET AMENDMENTS
Finance Director Doris Isaacs presented the following budget amendment for Board approval:
Account # Description Debit Credit
153300-349602 EWP-Federal $114,346
153300-349604 EWP-State Match $77,116
154960-449901 Misc. Expenses-Other $896,700
154960-449902 Misc. Expenses-Build & Design $739,129
154960-449903 Misc. Expense-Exigency Sites $120,341
The amendment deducted anticipated federal funds for engineering, recognized additional state funds, and transferred funds from the Miscellaneous-Other category to the Build Design and Exigency site categories. Contracts for these portions of the project were awarded at the May 19th Board of Commissioner’s meeting.
Account # Description Debit Credit
213991-399101 Fund Balance Approp.-New $2,500,000
219800-498010 Transfer to General Fund $2,500,000
103980-398121 Transfer from Cap. Reserve $2,500,000
104199-457000 Capital Outlay-Land $2,500,000
The amendment transferred funds from the Capital Reserve Fund to the General Fund to acquire land adjacent to Watauga High School.
Account # Description Debit Credit
219930-443200 Future Project Funding-Jail $109,897
219800-498010 Transfer to the General Fund $109,897
103980-398121 Transfer from Cap. Reserve $109,897
104310-426000 Sheriff’s-Office Supplies $89,978
104277-451000 Capital Outlay-Furniture & Equip. $3,051
104330-426000 Emergency Mgt.-Office Supplies $16,868
The amendment transferred funds from the Capital Reserve Fund to the General Fund for the acquisition of furniture for the Law enforcement Center. Bids approved at the May 19th Commissioners meeting.
Account # Description Debit Credit
219930-443200 Future Project Funding-Jail $49,903
219800-498010 Transfer to the General Fund $49,903
103980-398121 Transfer from Cap. Reserve $49,903
104310-451000 Capital Outlay-Furniture & Equip. $49,903
The amendment recognized the transfer of funds from the Capital Reserve fund to the General Fund for the acquisition of a phone system for the new Law Enforcement Center.
Account # Description Debit Credit
263991-399101 Fund Balance Approp. -New $225,578
264330-451000 Capital Outlay-Furniture & Equip. $135,347
264331-451000 Capital Outlay-Furniture & Equip. $90,231
The amendment appropriated E-911 Fund Balance funds for the acquisition of the new E-911 telephone call taking station and 911 communications switch. Approved by the Board of Commissioners at the May 19, 2005, Board meeting.
Account # Description Debit Credit
104277-469199 Professional Services $44,989
103980-398121 Transfer from Capital Reserve $44,989
219930-461100 Future Project Funding-Comm. $44,989
219800-498010 Transfer to the General Fund $44,989
The amendment transferred funds from the Capital Reserve fund to the General Fund for the fiber optic cable installation for the law enforcement center. Approved by the board of Commissioners at the March 7, 2005, Board meeting.
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of May 2005.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for May 2005 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the Refunds and Releases Report for May 2005 as presented.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTION MATTERS
A. Secondary Road Systems Addition Requests – Mr. Joe Furman stated that secondary road petitions had been received for Silverleaf Road, 1.95 mile length, located .05 miles south of NCSR 1388 on US Highway 421 North, Zionville and Sunny Knoll Acres, .2 mile length, located off Bamboo Road (NCSR 1514). Board action was required to adopt the resolutions and forward them to the Department of Transportation for consideration of adding these roads to the state maintained secondary roads system.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to forward the resolution requesting Silverleaf Road be added to the secondary road system.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to forward the resolution requesting Sunny Knoll Acres be added to the secondary road system.
VOTE: Aye-5
Nay-0
B. Proposed Resolution Opposing House Bill 1638 – 911 Service Taxes – Mr. Furman presented a draft resolution opposing the language in House Bill 1638 regarding 911 service taxes and their collection. Mr. Furman presented the resolution for consideration upon direction from the Board.
[Clerk’s Note: Vice-Chairman Winkler left the meeting room momentarily at 10:09 A.M.]
Commissioner Blust, seconded by Commissioner Honeycutt, moved to adopt the Resolution Opposing House Bill 1638 – 911 Service Taxes as presented by Mr. Furman.
VOTE: Aye-4(Deal, Blust, Honeycutt, Kinsey)
Nay-0
Absent-1(Winkler)
[Clerk’s Note: Vice-Chairman Winkler returned to the meeting a t10:12 A.M.]
C. Proposed Resolution Opposing S913/H1288 – Abandoned Mobile Home Cleanup – Mr. Furman presented a draft resolution opposing Senate Bill 913 and House Bill 1288 dealing with the abandoned mobile home cleanup was prepared per the direction of the Board. Mr. Furman drafted that resolution upon direction from the Board which stated that the concept was supported but the language of the Bill as written was opposed.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to adopt the Resolution Opposing Senate Bill 913 and House Bill 1288 as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
PROPOSED RESOLUTION IN SUPPORT OF WATAUGAHIGH SCHOOL
Chairman Deal stated that, per Commissioner request, a resolution in support of Watauga High School was drafted and requested the County Manager to read the resolution.
After lengthy discussion, Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt the Resolution in Support of Watauga High School as presented.
VOTE: Aye-3(Deal, Winkler, Kinsey)
Nay-2(Blust, Honeycutt)
ADOPTION OF THE FISCAL YEAR 2006 BUDGET
County Manager Nelson reviewed the changes that were made to the recommended Fiscal Year 2005/2006 Budget as a result of the budget work sessions.
After lengthy discussion, Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the Fiscal Year 2006 Budget Ordinance as presented.
VOTE: Aye-3(Deal, Winkler, Kinsey)
Nay-2(Blust, Honeycutt)
ORDINANCE BOOK # ___ PAGE # ____
[Clerk’s Note: Commissioner Blust left at 10:53 A.M. to be present at a previously scheduled engagement]
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Watauga Medical Center Joint Use Agreement Request – County Manager Nelson stated that Watauga Medical Center proposed a joint use agreement as there were three tracts of adjoining land which housed Medical Center operations on Deerfield Road. One tract of land (9.115 acres) was owned by Watauga County and two adjacent tracts containing 6.516 acres and 1.289 acres were owned by the Watauga Medical Center, Inc. In order to meet the Town of Boone’s permitting requirements; the use of three tracts needed to be combined with a joint use agreement. Some of the permitting concerns that were to be best addressed by the joint use were the Town’s Unified Development Ordinance (UDO) buffer, density, and impervious area requirements. The joint use agreement was necessary for the Medical Center’s current project to be permitted by the Town of Boone. The County was to retain ownership of the County’s property.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the Watauga Medical Center Joint Use Agreement contingent upon the County Attorney’s review
VOTE: Aye-4(Deal, Winkler, Honeycutt, Kinsey)
Nay-0
Absent-1(Blust)
B. Proposed Resolutions for NCACC Insurance Interlocal Agreements – County Manager Nelson stated that Watauga County was a member of the North Carolina Association of County Commissioners (NCACC) group benefit pool for the provision of liability, medical, and worker’s compensation insurance coverage. The NCACC required the adoption of Interlocal Agreements by resolution to remain a member of the pools which were presented for consideration by the County Manager.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt the Resolution to Adopt the Interlocal Agreement and to Join the North Carolina Association of County Commissioners Joint Risk Management Agency Worker’s Compensation Fund and the Resolution to adopt the Interlocal Agreement and to Join the North Carolina Counties Liability and Property Joint Risk Management Agency as presented by the County Manager.
VOTE: Aye-4(Deal, Winkler, Honeycutt, Kinsey)
Nay-0
Absent-1(Blust)
C. Proposed Lease with NC Highway Patrol for Office Space – The County Manager stated that a previous Board had instructed him to negotiate a rental fee for 365 square feet of office space for the North Carolina Highway Patrol in the new Law Enforcement Center. Space at the current Law Enforcement Center was furnished to the Highway Patrol at no cost. Terms of the offer were $12.50 per square foot for a period of five years for 365 square feet of space in the new Law Enforcement Center. The County Manager stated that correspondence was received from the Highway Patrol which stated that these terms were acceptable.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve a lease with the North Carolina Highway Patrol for 365 square feet of office space at the new Law Enforcement Center at $12.50 per square foot for a five year term amended to not include janitorial services under Section 10 of the standardized State lease form.
VOTE: Aye-4(Deal, Winkler, Honeycutt, Kinsey)
Nay-0
Absent-1(Blust)
D. Discussion of Solid Waste Ordinance and Abandoned and Junked Motor Vehicle Ordinance – County Manager Nelson requested direction as to setting a work session dedicated to the discussion of extending the requirements of the Solid Waste and Junk Car Ordinances into the Town of Boone’s extra territorial jurisdiction area. The County Manager stated that by historical practice a public hearing, although not required, was scheduled prior to amending ordinances.
The Board agreed, by consensus, to set a public hearing for the July 19, 2005, Board meeting at 6:00 P.M.
E. Proposed Purchase of Smitherman Heir/Winkler Properties – County Manager Nelson stated that the County had obtained signed agreements for purchase of the Smitherman Heir and Winkler properties that was comprised of approximately 7 ½ acres adjacent to Watauga High School. The agreements were drafted by the County Attorney as directed by the Board in closed session. The total purchase price for both properties was $2.5 million with the closing to occur on June 10, 2005. The County Manager stated that the purpose of the purchase was to provide a second access for the Watauga High School campus as well as additional construction and/or parking areas. The County Manager stated that funds for the project were to be taken from the County’s Capital Reserve Fund. Approximately $2.2 million dollars had previously been earmarked for school use. The remaining $300,000 was to be borrowed from funds that had been allocated for other capital projects and was to be repaid to the fund in coming fiscal years.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the purchase of the Winkler property adjacent to Watauga High School in the amount of $2 million and subject to the terms outlined in the signed purchase agreement.
VOTE: Aye-4(Deal, Winkler, Honeycutt, Kinsey)
Nay-0
Absent-1(Blust)
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the purchase of the Smitherman heir property adjacent to Watauga High School in the amount of $500,000 and subject to the terms outlined in the signed purchase agreement.
VOTE: Aye-4(Deal, Winkler, Honeycutt, Kinsey)
Nay-0
Absent-1(Blust)
F. Discussion of Courthouse Space Re-allocation – County Manager Nelson stated that time was reserved for discussion of the courthouse space re-allocation and subsequent relocation into the areas vacated by the Administration and Finance Departments.
By consensus, the Board directed the County Manager to schedule a work session for the June 28, 2005, meeting to discuss Courthouse space re-allocation issues.
G. Landfill Monitoring Report – County Manager Nelson stated that the Landfill Monitoring Report as conducted by Draper Aden Associates was due to be forwarded to the NC Department of Environmental and Natural Resources pending Board approval. The report showed continued decreases both in the size and concentration of the spill in the affected landfill area.
By consensus, the Board agreed to submit the document to the NC Department of Environmental and Natural Resources.
H. Discussion of Scheduling June and July Board Meetings – County Manager Nelson stated that the second meeting in June had been cancelled with the date of June 28, 2005, at 6:00 P.M. tentatively reserved in the event that a second meeting was needed. The County Manager stated that a short meeting was necessary to address fiscal year end matters and others items that may arise between now the meeting date.
The County Manager stated that, at a previous meeting, the first meeting in July was cancelled with the second meeting in July to occur as regularly scheduled on July 19, 2005, at 6:00 P.M. The County Manager requested direction from the Board to determine if the dates were still convenient and desired.
By consensus, the Board agreed to the following meetings dates for June and July:
Tuesday, June 28, 2005, @ 6:00 P.M.
Tuesday, July 19, 2005, @ 6:00 P.M.
I. Boards and Commissions – County Manager Nelson stated that the Watauga County Council on the Status of Women had requested that Ms. Diane Barefoot, Ms. Becca Saunders, and Ms. Susan King be appointed as members of their Council.
County Manager Nelson stated that the Boone Board of Adjustment had two terms that expired in June. Mr. James Sanders was willing to continue to serve and Ms. Karen Byerly did not wish to serve another term. The Town Council nominated Mr. Sanders for reappointment and Mr. Lee Stroupe to fill the vacant position.
As the above were first readings, no Board action was required at this meeting.
J. Announcements – County Manager Nelson announced that the Watauga County Adult Care Home Community Advisory Committee was to be making site visits on June 20, 2005, and invited Board members who wished to join them.
County Manager Nelson announced that the Board was invited to the Fourth Annual Community Unity Breakfast which was scheduled for 7:30 A.M., Tuesday, June 7, 2005.
PARKS AND RECREATION DISCUSSION
Commissioner Kinsey stated that he had received complaints that the Green Valley School pool had not been opened for the summer yet. Commissioner Kinsey requested that the pool be opened each year by Memorial Day.
County Manager Nelson stated that the delays in the opening of the pool were due to the extra work needed due to the flooding last fall. The County Manager stated that he would instruct Mr. Stephen Poulos, Parks and Recreation Director, to give notice if pool openings were delayed in the future.
PUBLIC COMMENT
The following citizens shared concerns during public comment: Ms. Karen Carter and Ms. Deborah Greene. Dr. Ken Boham with Caldwell Community College and Technical Institute also spoke, thanking the Board for its support of CCC&TI.
CLOSED SESSION
At 11:50 A.M., Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3), Personnel Matters, per G. S. 143-318.11(a)(6), Land Acquisition, per G. S. 143-318.11(a), and Economic Development Inducements, per G. S. 143-318.11(a)(4).
VOTE: Aye-4(Deal, Winkler, Honeycutt, Kinsey)
Nay-0
Absent-1(Blust)
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 1:40 P.M.
VOTE: Aye-4(Deal, Winkler, Honeycutt, Kinsey)
Nay-0
Absent-1(Blust)
ADJOURN
Chairman Deal adjourned the meeting, by consensus, at 1:40 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board