MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, AUGUST 22, 2006
The Watauga County Board of Commissioners held a regular meeting on Tuesday, August 22, 2006, at 6:00 P.M. in the Commissioners’ Board Room of the Watauga County Administration Building.
PRESENT: Jim Deal, Chairman
William R. Winkler, III, Vice-Chairman
David Blust, Commissioner
Keith Honeycutt, Commissioner
Winston Kinsey, Commissioner
Anthony 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 6:00 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 August 7, 2006, regular meeting and closed session minutes.
The time of adjournment was changed from 11:54 P.M. to 11:54 A.M.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the August 7, 2006, regular meeting minutes as amended.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the August 7, 2006, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the August 22, 2006, agenda.
County Manager Nelson requested to add a request regarding testing at the property for the new high school location.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the August 22, 2006, agenda as amended.
VOTE: Aye-5
Nay-0
DISCUSSION OF WORK FIRST PLAN 2007-2009
Mr. Jim Atkinson, Director of Watauga County Department of Social Services, stated that every three years his Department had to develop and enact a Work First Development Plan that specified welfare reform services for eligible clients. The first step in this process was to elect whether the County wished to be a standard or electing county. Mr. Atkinson stated that since the inception of the program, the County had chosen to be a standard county. Mr. Atkinson recommended that the County be a standard county for the 2007-2009 Work First Plan that was due to be developed and submitted to the State by October 31, 2006.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to prepare the submission of the 2007-2009 Work First Plan as the standard plan.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Resolution for Intent to Reimburse – High School Project – Ms. Doris Isaacs presented a resolution stating the intent of the Board to reimburse themselves for the purchases of properties for the high school from existing funds to be reimbursed by tax-exempt financing that was to be obtained later for the construction project. This resolution and subsequent reimbursement was to allow greater flexibility to use the set aside money for other needs which included preliminary work, site preparation, debt service, fees, etc. Ms. Isaacs presented amendments to the resolution as recommended by a bond attorney.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt the resolution for intent to reimburse regarding the purchases of properties for the new high school as amended.
VOTE: Aye-5
Nay-0
B. Budget Amendments – Ms. Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
104199-457000 Capital Outlay-Land Acquisition $625,000
103910-391000 Proceeds of Installment Purchase $625,000
The amendment recognized funds for the acquisition of land for the new High School.
Account # Description Debit Credit
143839-353100 Donations Foster Children Fund $5,646
143839-353101 Donations-Adult Service Fund $1,459
143839-353102 Donations-Child Protective Services $283
145310-449902 Foster Children’s Fund $5,646
145310-449903 Adult Services Fund $1,459
145310-449904 Child Protective Services Fund $283
The amendment recognized the carryover of DSS Donations Program unspent funds.
Account # Description Debit Credit
143839-353100 Donations Foster Children Fund $6,000
143839-353101 Donations-Adult Service Fund $2,500
143839-353102 Donations-Child Protective Services $2,000
143991-399101 Fund Balance Approp.-New $10,500
The amendment corrected estimated revenue budgeted in error by DSS.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the budget amendments as presented by Ms. Isaacs.
VOTE: Aye-4(Deal, Winkler, Honeycutt, Kinsey)
Nay-1(Blust)
PLANNING AND INSPECTION MATTERS
A. Proposed Amendment to the Fee Schedule – Mr. Joe Furman presented an amendment to the Planning and Inspection Department Fee Schedule to charge $75 for a permit for a small wind energy system and $750 to permit and inspect a large wind energy system. Mr. Furman stated that these fees were consistent with others as charged by the Department.
Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to adopt the amendment to the Planning and Inspection Department Fee Schedule as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
B. Proposed CDBG Scattered Site Housing Rehab Documents – Mr. Furman stated that Watauga County was to receive $400,000 in CDBG funds to rehabilitate low-income, owner-occupied, substandard housing and that the High Country Council of Governments had been designated by the Board of Commissioners at a previous meeting as the administrator of the CDBG Scattered Site Housing Program. The administrative costs were reimbursable in the grant and this arrangement had worked well during past grant cycles.
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the contract with High Country Council of Governments as the administrator of the CDBG Scattered Site Housing Rehab Program contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
Mr. Furman also presented a proposed project ordinance for the CDBG Scattered Site Housing Program. Mr. Furman stated that since the project ordinance was for an existing grant, a public hearing was not required as a public hearing was held during the application process. Mr. Furman stated that the ordinance could be adopted at the first presentation by unanimous approval of the Board or, if not, it had to be passed by simple majority at two meetings.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to adopt the project ordinance for the CDBG Scattered Site Housing Rehab Program as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
C. Subdivision Performance Guarantee – Mr. Furman presented a subdivision performance guarantee, in the amount of $65,000, for the final plats for Darbo Development, LLC, for Black Bear Knoll, 17 lots, which was an irrevocable letter of credit from High Country Bank which guaranteed road construction and was pursuant to section 92 of the Subdivision Regulations.
Mr. Furman also presented a subdivision performance guarantee, in the amount of $65,880, for the final plats for Wolf Turk, LLC, for Boone Fork Camp Phase IV, 16 lots, which was an irrevocable letter of credit from Johnson County Bank which guaranteed road construction and was pursuant to section 92 of the Subdivision Regulations.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the subdivision performance guarantees as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
D. Discussion of Voice Interoperability Plan for Emergency Responders (VIPER) Communications System – Mr. Furman stated that he had met with representatives from the North Carolina Department of Crime Control and Public Safety (DCCPS) to discuss the Voice Interoperability Plan for Emergency Responders (VIPER). This was a plan to build a communications system that was to link the entire State in case of an emergency or response thereto. The plan included building a statewide system of towers in the State’s hundred counties.
Mr. Furman stated that representatives approached him with the interest of building a radio tower near the fire tower on Rich Mountain as a part of this project. The tower, if constructed, may benefit the County’s upgrade of its communications system in the future should funds become available and the VIPER system was built to cover the entire County. At this time, the goal was to link the County through the I-40/US-421 corridor to Raleigh.
Mr. Furman stated that the DCCPS wanted Watauga County to act as the grantee in accepting money for this project. They in turn were to supervise the project and handle the construction of the tower and its linkage to the VIPER system.
Sheriff Shook stated that the project sounded good in theory but that one tower would not realistically cover the entire county. However, the tower would allow communications with other counties during emergencies.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to authorize Sheriff Shook to sign the grant proposals contingent upon the County Attorney’s review and providing the County pay no money now or in the future and requesting the State comply with the height limitations as set by Watauga County.
VOTE: Aye-5
Nay-0
CHANGE ORDER REQUEST FOR YONAHLOSSEE CAMPPROJECT
Mr. Geouque presented a change order from Environmental Services, Inc., the contractor for the Yonahlossee Camp stream bank restoration project. The Change Order was for an additional 100 feet of stream bank work near the bog area and an additional two hundred feet of work below the dam area. Mr. Geouque stated that the amount of the Change Order was $69,922.76 and that the total project amount, including the Change Order, was to be $241,262.76. Mr. Geouque stated that the funds available, including the Yonahlossee property owners’ match and state funds, yielded $253,000; therefore, the amended amount was within the budget.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the Change Order for the Yonahlossee Camp stream bank restoration project as presented by Mr. Geouque.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Appointment of Voting Delegate for NCACC Annual Conference – County Manager Nelson stated that, at the Annual North Carolina Association of County Commissioners Conference, counties were to select the Association’s officers and vote on policy issues. According to the bylaws, each county was entitled to one vote by selection of a voting member to represent the member county. The appointment of Watauga County’s voting delegate was to be submitted to the Association by August 28, 2006.
By consensus, the Board appointed Vice-Chairman Winkler as the Watauga County voting delegate at the Annual North Carolina’s Association of County Commissioners Conference.
B. Courthouse Addition Change Orders (1-3) Request – County Manager Nelson reviewed Change Orders (1-3) for the Courthouse Addition. Change Order 1 for $58,431 was to cover additional costs incurred for work to be conducted after the Courthouse’s normal business hours. This was discussed with preliminary approval given at an earlier Board meeting.
County Manager Nelson stated that Change Order 2 in the amount of $5,600 included a new floor drain in the elevator sump area that was required by the Town of Boone in the amount of $4,400. Change Order 2 also added $1,200 for additional support for an existing bar joist that was unknown at the beginning of construction due to the demolition and the inadequacy of the structural drawings of the old Courthouse.
County Manager Nelson stated that Change Order 3 was to assign $8,432 from the $60,000 set aside amount in the project for poor soils. This covered excavation and removal of an existing foundation that was uncovered during site preparation.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve Change Orders 1-3 for the Courthouse addition project as presented by the County Manager.
VOTE: Aye-5
Nay-0
County Manager Nelson gave a brief review of Change Orders 4 and 5 which were to be presented at a future meeting and stated that the project was currently on schedule.
C. September Meeting Schedule – County Manager Nelson stated that the first meeting in September was scheduled for Monday, September 4, which was the Labor Day holiday. Historically, the Board Meeting was rescheduled for the following Tuesday, which would be Tuesday, September 5, 2006, with the second meeting in September falling as regularly scheduled on the 19th. The County Manager stated that the AC was to be off in the large courtroom for HVAC renovations during the construction of the Courthouse addition and therefore a murder trial was scheduled for the Administration Building Boardroom August 28 – September 21, 2006 (approx.).
By consensus, the Board agreed to cancel the first regular meeting of September due to the Labor Day holiday.
D. Boards and Commissions – County Manager Nelson stated that due to a resignation, a vacancy existed on the Boone Board of Adjustment for an ETJ alternate member. No recommendations were presented.
No action was taken on an appointment of an ETJ alternate member to the Boone Board of Adjustment at this time.
County Manager Nelson stated that several terms on the AppalCART Board had expired and Ms. Joanna Wilcox with AppalCART had stated that the following members were willing to continue to serve if reappointed: Jerry Moretz, Jeannine Taylor, Bunk Spann, Angie Boitnotte, Barry Sauls, and Donald Ray.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to reappoint Jerry Moretz, Jeannine Taylor, Bunk Spann, Angie Boitnotte, Barry Sauls, and Donald Ray to the AppalCART Board.
VOTE: Aye-5
Nay-0
E. WataugaHigh School Project Requests – County Manager Nelson stated that the Watauga County Board of Education and high school project architect had recommended getting a survey of the property and having Environmental Phase I testing done. The County Manager recommended a contract with Russell Shaw for the surveying for approximately $32,000 to $35,000 and Geonetics, Inc. for the Environmental Phase I testing for approximately $5,000 to $6,000. Both agencies stated that they could have the work done by the end of September.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to authorize contracting with Russell Shaw for surveying for approximately $32,000 to $35,000 and Geonetics, Inc. for the Environmental Phase I testing for approximately $5,000 to $6,000.
VOTE: Aye-5
Nay-0
F. Announcements – County Manager Nelson announced that the Annual North Carolina Association of County Commissioners conference was scheduled for September 7-10, 2006, in Winston-Salem, NC.
The County Manager announced that a joint meeting with the Board of Commissioners and the Caldwell Community College Board of Trustees was scheduled for September 13, 2006, at 6:00 P.M.
The County Manager announced that the High Country Council of Governments Annual Banquet was scheduled for Friday, September 1, 2006.
The County Manager announced that the Board was planning to attend a tour of high schools located in Carrboro and Fayetteville, NC. The tour was to begin Tuesday, September 5, 2006, at 3:30 P.M.
The County Manager announced that Mr. Graham Fields, a representative from Congresswoman Foxx’s office, was to meet with him on Friday, August 25, 2006, at 3:00 P.M. with Board members welcome to attend.
PUBLIC COMMENT
Ms. Madeline Karen Carter and Ms. Deborah Greene shared their concerns.
CLOSED SESSION
At 7:49 P.M., Commissioner Blust, 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
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 8:51 P.M.
VOTE: Aye-5
Nay-0
ADDITIONAL OPEN SESSION BUSINESS
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to authorize Commissioner Honeycutt to represent the Board when meeting with Congresswoman Foxx regarding the clear cutting of the Globe and to share the Board’s absolute opposition to the Globe clear cutting project and recommendation of leaving a 40 – 50 % canopy, if done.
ADJOURN
Chairman Deal adjourned the meeting at 8:53 P.M.
Jim Deal, Chairman
ATTEST
Anita J. Fogle, Clerk to the Board