MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 18, 2005
The Watauga County Board of Commissioners held a regular meeting on Tuesday, October 18, 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 J. Fogle, Clerk to the Board
Chairman Deal called the meeting to order at 6:00 P.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 October 3, 2005, regular meeting and closed session minutes.
Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the October 3, 2005, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
The Clerk to the Board distributed a correction to the closed session minutes for review by the Board.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the October 3, 2005, closed session minutes as amended.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the October 18, 2005, agenda.
Chairman Deal stated that the two public hearings scheduled at 6:00 P.M. on the agenda were advertised for a starting time of 7:00 P.M. Therefore the Chairman moved the two public hearings to begin at 7:00 P.M. or shortly thereafter and began the meeting with agenda item # 6.
County Manager Nelson requested to add under the Item # 14. a. Section b. a sales/ franchise tax increase discussion.
Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the October 18, 2005, agenda as amended.
VOTE: Aye-5
Nay-0
BOARD OF EDUCATION FUNDING REQUEST FOR CONSTRUCTION OF A NEW HIGH SCHOOL
Dr. Andy Reece, Board of Education member, presented a resolution to construct a new high school at the current site and to demolish the existing high school upon completion. Each member of the Board of Education and Superintendent as well as the Board of Commissioners shared their thoughts and views regarding the resolution.
After discussion, the Board requested the School Board to bring finalized plans including square footage and cost estimates.
HUNGER COALITION HANNAH BUILDING PROPOSAL
Ms. Compton Fortuna presented a proposal for use of the Hannah Building by the Hunger Coalition. Previously the Hunger Coalition had offered to fund the renovations and manage the facility; however, the Hunger Coalition was now requesting funding support from the County.
Further discussion was tabled until the November 1, 2005, Board meeting to allow time for the Hunger Coalition to meet with County Manager Nelson and Maintenance Director Marsh to discuss costs and items to be handled by the County at the Hannah Building.
THE PARTNERSHIP FOR WATAUGA’S FUTURE ENVIRONMENTAL SUMMIT REPORT
Mr. Dennis Grady reviewed a report of the Environmental Summit that was conducted on September 10th by the Partnership for Watauga’s Future and requested that the Board consider enhancing the County’s Subdivision Ordinance to address concerns with steep slope development. Mr. Grady also invited the Board to a meeting regarding these issues on Wednesday, October 26, 2005, at 5:30 at the Appalachian Regional Development Institute offices.
The report was given for information only and therefore no action was required.
PUBLIC HEARING – TO CONSIDER A MAP AMENDMENT TO THE FOSCOE-GRANDFATHER ZONING ORDINANCE
Chairman Deal declared the public hearing open at 7:05 P.M. to allow for comment on a Map Amendment to the Foscoe Grandfather Zoning Ordinance.
PUBLIC HEARING – TO CONSIDER A MAP AMENDMENT TO THE FOSCOE-GRANDFATHER ZONING ORDINANCE
Chairman Deal declared the public hearing open at 7:05 P.M. to allow for comment on a Map Amendment to the Foscoe Grandfather Zoning Ordinance.
Mr. Brent Graybeal stated that the Planning Board and the Foscoe/Grandfather Community Council had endorsed a requested zoning map classification change to property owned by Mr. and Mrs. Bobby Harmon. The requested reclassification was from “rural district” to “highway district”.
Mr. Harmon stated that he was in support and desired the reclassification.
There being no further public comment, Chairman Deal declared the public hearing closed at 7:13 P.M.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to adopt the map amendment to the Foscoe-Grandfather Zoning Ordinance as presented by Mr. Graybeal.
VOTE: Aye-5
Nay-0
PUBLIC HEARING – TO CONSIDER A TEXT AMENDMENT TO THE VALLE CRUCIS HISTORIC DISTRICT ORDINANCE
Chairman Deal declared the public hearing open at 7:14 P.M. to allow for comment on a text amendment to the Valle Crucis Historic District Ordinance.
Mr. Graybeal stated that the Valle Crucis Historic Preservation Commission and the Planning Board had unanimously endorsed approval of an application to amend the Valle Crucis Historic District Ordinance regarding signage. Mr. Graybeal reviewed the proposed text amendments.
There being no public comment, Chairman Deal declared the public hearing closed at 7:17 P.M.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the text amendment to the Valle Crucis Historic District Ordinance as presented by Mr. Graybeal.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Occupancy Tax Discussion – Mr. Kelvin Byrd issued a report on the processes of establishing an occupancy tax in Watauga County. Prior to adopting a resolution establishing the occupancy tax a public hearing was required. Also required, was the appointment of a Watauga County District Tourism Development Authority to determine how the collected funds were to be expended.
Mr. Byrd stated that he needed to hire one additional person in the tax office and furnish the necessary office equipment and supplies for a total annual cost of $48,000. The county was to recover approximately $9,000 a year for the administration of the program as allowed by statute.
Mr. Byrd recommended that due to the Tax Office’s commitment to complete the ongoing revaluation that the occupancy tax be effective July 1, 2006.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to set a public hearing to allow for citizen comment on the proposed occupancy tax for the November 15, 2005, Board meeting.
VOTE: Aye-5
Nay-0
B. Adoption of Schedule of Values – Mr. Byrd presented the proposed 2006 Schedule of Values for adoption of which a public hearing was conducted to allow comment.
Commissioner Blust, seconded by Commissioner Kinsey, moved to adopt the 2006 Schedule of Values as presented.
VOTE: Aye-5
Nay-0
FIBER OPTIC CABLE PROPOSAL
Ms. Glenda Duncan, IT Director, stated that the final phase of providing a fiber optic network to the Law Enforcement Center consisted of the completion of the connections establishing the network. Ms. Duncan recommended entering into a contract with Corning Cable Systems for the required fiber termination. The amount of the proposal was $17,550. Funds needed to be allocated from the communications capital reserve account for this project.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve entering the contract contingent upon the County Attorney’s review and to allocate the funds from the communications capital reserve account.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTION MATTERS
A. CDBG Public Hearing Request – Mr. Brent Graybeal stated that the 2003 CDBG Scattered Site Housing Grant administered by the High Country Council of Governments was coming to a close. A public hearing was required to allow comment prior to submitting close out documents for the project. Mr. Graybeal requested that a public hearing be scheduled for the November 15, 2005, Board meeting.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to set a public hearing for the November 15, 2005, Board meeting to allow citizen comment on the 2003 CDBG Scattered Site Housing Grant.
VOTE: Aye-5
Nay-0
B. Subdivision Performance Guarantee Requests – Mr. Graybeal presented a subdivision performance guarantee for Falling Waters on Dutch Creek (Phase 1) and was an irrevocable letter of credit from Blue Ridge Savings Bank for road construction and pursuant to section 92 of the Subdivision Regulations.
After discussion the Board agreed that the last sentence of the third paragraph which stated the following: “This credit amount is subject to reduction from time to time.” should be omitted.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the subdivision performance guarantee as amended.
VOTE: Aye-5
Nay-0
Mr. Graybeal presented a subdivision performance guarantee for Hunters Ridge (Phase 6) which was an irrevocable letter of credit from High Country Bank for road construction and pursuant to section 92 of the Subdivision Regulations.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the subdivision performance guarantee as presented.
VOTE: Aye-5
Nay-0
BID AWARD REQUEST FOR THE LIBRARY RE-ROOFING PROJECT
Mr. Larry Greene, architect of record for the Library re-roofing project, presented bids that were received for the project. Three bids were received as follows:
|
Contractor
|
Carolina Roofing, Mooresville, NC
|
Cityscape Roofing, Conover, NC
|
R & G Construction, Charlotte, NC
|
|
License #
|
38600
|
58382
|
4097
|
|
# of Days
|
90
|
50
|
45
|
|
Base Bid
|
$380,000
|
$146,590
|
$135,950
|
|
Alternate # 1
|
$19,000
|
$23,950
|
$13,036
|
|
Alternate # 2
|
$32,000
|
$11,390
|
$14,081
|
|
Total
|
$431,000
|
$181,930
|
$163,067
|
Alternate # 1: Delete 16” wide, 24., galv. steel roofing and in lieu thereof provide 18” wide, .032” aluminum roofing
Alternate # 2: Add snow retention system
Mr. Greene recommended the bid be awarded to the lowest bidder which was from R&G Construction in the amount of $163,067 with alternate # 2.
CountyManager Nelson stated that a total of $85,500 was on hand for the project with the remaining $77,567 to be allocated from the fund balance to fully fund the project.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to award the bid to R&G Construction per Larry Greene’s recommendation with alternate # 2, for a total of $150,031, and allocate the additional funds needed for the project from the fund balance.
VOTE: Aye-5
Nay-0
EMERGENCY WATERSHED PROTECTION PROGRAM CHANGE ORDER REQUESTS
AssistantCounty Manager Geouque presented two change orders for Emergency Watershed Protection projects. The first was a change order presented by McGill Associates, in the amount of $63,660. The amount of $15,660 was included in the amount for hauling additional rock needed to complete the J.H. Mclean Road project. The remaining $48,000 was for an additional site in which staff requested McGill to repair. The site was located at The Ponds Development in Foscoe, and required attention to prevent possible damage to two (2) houses if the riverbank was not repaired. Adequate funds were available and were to be reimbursable from EWP funds.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the change order for McGill Associates as presented by Assistant County Manager Geouque.
VOTE: Aye-5
Nay-0
Mr. Geouque presented a change order presented by Avery Development Group, Inc. in the amount of $1,619.60. The request was to repair a pond that was damaged during work on project WRR1. Due to the fact that time was of the essence, staff previously directed the change order.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the change order for Avery Development Group, Inc. as presented by Assistant County Manager Geouque.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. LawEnforcementCenter Change Order Request – County Manager Nelson presented change order # 11 for the Law Enforcement Center project. The change order amount was $3,390 and was for additional electrical wiring to provide an uninterrupted power supply to the equipment in the communication building.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve change order # 11 for the Law Enforcement Center project in the amount of $3,390.
VOTE: Aye-5
Nay-0
B. Charter Communications Rate Increase Discussion – County Manager Nelson stated that the County had received a letter from Charter Communications on September 30, 2005, indicating a change in programming as well as price increases in some of their higher end packages. The local franchise ordinance allowed the Board to request a Charter representative to attend a public hearing to allow public comment. The County Manager stated that due to FCC regulations, local Boards of Commissioners did not have the authority to regulate or approve requested rates by cable companies.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to set a public hearing for the November 15, 2005, Board meeting to allow citizen comment on the Charter Communications rate increase.
VOTE: Aye-5
Nay-0
Cable Franchise/Sales Tax Increase Discussion – Mr. Jim Harmon, the County’s Cable Officer, stated that the current franchise fee for cable was 3%. In January of 2006 the state will impose a state tax that along with the County franchise fee will be 7%. The County is allowed to raise their franchise fee up to 5%. The customer was to pay a total of 7% whether the local franchise fee was set at 3% or 5%. Mr. Harmon stated that the County had to give Charter Communications 60 days notice of a change in the amount of the franchise fee.
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to set the cable franchise fee as collected by Charter Communications, Inc., at 5% to be effective January 1, 2006.
VOTE: Aye-5
Nay-0
C. Proposed Resolution to Declare November 19 – December 19, 2005 as Choose and Cut Month – County Manager Nelson presented a draft resolution declaring November 19th through December 19th as choose and cut month in Watauga County.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to adopt the Resolution to Declare November 19 – December 19, 2005 as Choose and Cut Month in Watauga County as presented by the County Manager and directed staff to send a copy to the Nurserymen’s Association.
VOTE: Aye-5
Nay-0
D. Proposed Resolution to Request Placement of a Veterans Community Based Outpatient Clinic in Watauga County – County Manager Nelson stated that Included for your review is a proposed resolution requesting a Veterans Community Based Outpatient Clinic be established in Watauga County. The County Manger stated that he had spoke with representatives from the US Senators’ offices to enlist legislative support for this endeavor. If adopted the resolution was to be forwarded to both US Senators and Congresswoman Foxx for their assistance.
Mr. Jim Harmon, Director of Veterans Services, stated that “a schedule was set for new clinics to be built however it was not etched in stone.”
Commissioner Kinsey, seconded by Commissioner Blust, moved to adopt the Resolution to Request Placement of a Veterans Community Based Outpatient Clinic in Watauga County.
VOTE: Aye-5
Nay-0
E. Boards and Commissions – County Manager Nelson stated that Ms. Pat Coley submitted her resignation from the AppalCART Board and recommended Ms. Jeannine Taylor of Social Services as her replacement.
As this was the first reading, no action was required at this time.
County Manager Nelson stated that Town of Boone Council recently approved a zoning text amendment to add an additional ETJ alternate to the Town of Boone Board of Adjustment.
By consensus, the Board agreed to table action till the November 1, 2005, Board meeting.
County Manager Nelson stated that the terms of Baxter Palmer and Lyle Schoenfeld were to expire in November on the Watauga County Board of Adjustments. Both were willing to serve if reappointed.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to appoint Baxter Palmer as an alternate and appoint Lyle Schoenfeld as a regular member to the Watauga County Board of Adjustments.
VOTE: Aye-5
Nay-0
F. Announcements – County Manager Nelson announced that The Rural Center had announced that workshops for rural entrepreneurship were to be held on October 28th, November 11th, and November 18th at various locations throughout the state.
County Manager Nelson announced that the County Christmas Luncheon was scheduled for December 13, 2005, at Dan’l Boone Inn from 12 noon till 2:00 P.M.
PUBLIC COMMENT
Ms. Karen Carter spoke.
CLOSED SESSION
At 8:20 P.M., Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3), Land Acquisition, per G. S. 143-318.11(a)(5)(i), and Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to resume the open meeting at 9:42 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
The meeting was adjourned at 9:42 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board