MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 19, 2006
The Watauga County Board of Commissioners held a regular meeting on Tuesday, September 19, 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 6:01 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 August 22, 2006, regular meeting and closed session minutes.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the August 22, 2006, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Chairman Deal made a correction to an incorrect name in the closed session minutes prior to the meeting.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the August 22, 2006, closed session minutes as amended.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the September 19, 2006, agenda.
A “Discussion to Schedule a Trip” to view a high school under construction was requested to be added under Miscellaneous Administrative Matters, and A “Discussion of the Town of Boone Offer Regarding the Water Street Parking Lot” was requested to be added under Item # 7 – Watauga County Water Street Parking Lot Project.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the September 19, 2006, agenda as amended.
VOTE: Aye-5
Nay-0
CHAMBER OF COMMERCE RESOLUTION IN SUPPORT OF A NEW HIGH SCHOOL
Dr. Dan Meyer with the Chamber of Commerce presented a resolution that the Chamber had adopted in support of the new high school.
The presentation was for information only and therefore no Board action was required.
THE “TOT LOT” PLAYGROUND PROJECT UPDATE
Ms. Marty Wilson with the Boone Service League reported on the progress to date for the “Tot Lot” playground project. Ms. Wilson also indicated safety concerns with the park. Mr. Robert Marsh, Maintenance Director, stated that he had met with Ms. Wilson and the safety issues were to be addressed this week.
The report was issued for information only and therefore no Board action was required at this time.
BIODIESEL FUEL PROJECT DISCUSSION
Mr. Russell Harper, with High Country Biodiesel Fuels, Inc., discussed a grant that had been received to establish a biodiesel operation in Watauga County. Funds from the grant were to purchase a tank and an initial supply of biodiesel to be distributed.
County Manager Nelson stated that Mr. Harper had made a presentation to the Energy Park Task Force that was appointed by the Board of Commissioners to determine the best use of the landfill property. The property had been surveyed to determine if a potential site existed for the biodiesel operation but no decision had been made by the Task Force at this time. The current Animal Control building site was a possibility but would not be available until after a new Animal Control office was built.
The Board directed Mr. Harper to work with the County Manager and the Energy Park Task Force to bring a recommendation to the Board at a future meeting.
WATAUGA COUNTY WATER STREET PARKING LOT PROJECT
Mr. Bill Dixon and Mr. Robert Marsh discussed the parking lot project for the old law enforcement center site on Water Street. The proposal by Mr. Dixon for the professional fees for architectural and engineering for demolition was $19,500.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve Mr. Dixon’s proposal for professional fees for architectural and engineering services for demolition in the amount of $19,500.
VOTE: Aye-5
Nay-0
Mr. Dixon also reviewed a proposed contract for the architectural and engineering fees for the construction of the parking lot for $40,450 in a lump sum payment. Mr. Dixon stated that the reason for this fee was the complexity of the project and the various issues that were to be addressed in securing the necessary permits and approvals.
Board action was not requested for approval of the construction proposal at this time to allow time for consideration of the Town of Boone proposal. The County Manager shared the Town’s proposal which stated that the Town may be willing to give the County 16 parking spaces on Queen Street if the County would reduce the parking lot by 16 spaces and allow for additional green space.
The Board directed the County Manager and Attorney to meet with the Town Manager and Attorney to define the proposal with more details for an agreement prior to consideration.
PROJECT ON AGING BUDGET REVISION REQUEST
Ms. Angie Boitnotte, Director of the Project on Aging, requested a budget amendment to recognize an additional $12,939 in Home & Community Care Block Grant (H&CCBG) funds to provide services to the County’s older adult population. The amount was to be expended as follows:
Service Increase in Funding
Transportation $141
In-Home Aide I $3,798
In-Home Aide II $2,770
Congregate Meals $4,500
Home Delivered Meals $1,730
Ms. Boitnotte stated that the funds required $1,437 in local match which was present in the Project on Aging’s budget.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the local match and budget amendment to accept the additional funds.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of August 2006.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for August 2006 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to approve the Refunds and Releases Report for August 2006 as presented.
VOTE: Aye-5
Nay-0
C. Report on a Denied Request for a Refund/Board Appeal – Tax Administrator Byrd stated that Taxpayer, Mr. Michael M. Zejda, had submitted a request for a refund of taxes for five years on a parcel, account number 1331669. Evidently there was an overlap with the adjacent land owner upon which Mr. Zejda based his appeal which was subsequently denied by the Tax Administrator. The two land owners in dispute over ownership of the property settled in mediation in 2005 and Mr. Zejda has since sold the lot in question.
County Attorney di Santi stated that he had reviewed the court documents regarding the case but did not know the outcome as the mediation was not disclosed. The County Attorney agreed with Mr. Byrd’s denial as Mr. Zejda always claimed that he owned the property and the property was not billed twice by the Tax Department. The County Attorney stated that if the Board of Commissioners denied the appeal as well as Mr. Byrd that Mr. Zejda was to have three years to file an appeal in civil court.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to deny Mr. Michael Zejda’s request for a refund of taxes paid as presented by Mr. Kelvin Byrd.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Proposed Resolution Authorizing Financing – WataugaHigh School Project
B. Request to Schedule a Public Hearing
Ms. Doris Isaacs, Finance Director, presented an amended draft resolution which authorized the filing of an application for financing to the Local Government Commission (LGC). The resolution also described the project, identified the method of financing, and indicated that the Board of Commissioners had stated that the project was necessary. The purpose of the financing was to reimburse the County for the land purchase at the new high school site as well as to cover the incidental costs including architectural and professional fees; site preparation; surveys/testing; etc. Ms. Isaacs requested that, prior to adopting the resolution and making the application to the LGC, a public hearing be scheduled at 6:00 P.M. at the Tuesday, October 17, 2006, meeting to allow for public comment.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to schedule a public hearing at 6:00 P.M. at the October 17, 2006, meeting prior to considering the Resolution Authorizing Financing.
VOTE: Aye-5
Nay-0
C. Budget Amendments – Ms. Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
103414-341420 Capital Outlay-Land Acquisition $60,000
103414-341421 Proceeds of Installment Purchase $30,000
103991-399101 Donations Foster Children Fund $100,625
104270-432100 Donations-Adult Service Fund $4,000
104270-433100 Donations-Child Protective Services $7,000
104270-433400 Foster Children’s Fund $10,000
104270-441102 Adult Services Fund $25,000
104270-449907 Child Protective Services Fund $2,215
104270-458000 Donations Foster Children Fund $19,000
104142-412100 Donations-Adult Service Fund $80,000
104142-418100 Capital Outlay-Land Acquisition $6,120
104142-418200 Proceeds of Installment Purchase $4,000
104142-418300 Donations Foster Children Fund $8,940
104142-418600 Donations-Adult Service Fund $2,000
104142-418900 Donations-Child Protective Services $4,000
104142-418901 Foster Children’s Fund $720
104142-426000 Adult Services Fund $7,000
104142-432500 Child Protective Services Fund $2,500
104142-431100 Donations Foster Children Fund $1,000
104142-431200 Donations-Adult Service Fund $4,130
104142-469500 Donations-Adult Service Fund $3,000
The amendment recognized funds for the tag office personnel, office expense, and facility costs.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the budget amendment as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
Account # Description Debit Credit
103300-352100 Criminal Justice Partnership Program $2,096
105210-469820 CJPP-NRMH $2,096
The amendment recognized additional funding from the NC Department of Corrections for the Criminal Justice Partnership Program.
Account # Description Debit Credit
219930-459122 Watauga Co. School - CIP $40,000
219800-498013 Transfer to School Cap. Outlay $40,000
133980-398200 Transfer from Capital Reserve $40,000
135912-449900 Misc. Exp.-Turf/WHS $40,000
The amendment recognized the transfer of funds from the Capital Reserve Fund to the School Capital Outlay Fund to replace the turf at the WHS football field.
Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the budget amendments as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
SANITATION MATTERS
A. Backhoe Purchase Request – Mr. J. V. Potter reviewed the following bids that were received for a backhoe for the Sanitation Department as budgeted in the current Fiscal Year:
Bidder Amount of Bid
Briggs Equipment $74,097.00
James River Equipment $78,550.00
Carolina Tractor $79,443.16
Mr. Potter recommended that the backhoe be purchased from Briggs Equipment for the amount of $74,097 which was the low bid.
Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to approve the bid for the backhoe for the Sanitation Department from Briggs Equipment in the amount of $74,097 contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
B. Brush Grinding Proposal – Mr. Potter reviewed the following quotes received for brush grinding at the County’s demolition landfill:
Bidder Amount of Bid
Innovative Recycling $18.00 per ton
Cana Contracting Co. $18.00 per ton
Mr. Potter recommended that the contract be awarded to Innovative Recycling in that they have provided the service for the last couple of years and have done an excellent job. The amount of the contract was to be for $31,140 plus an additional $18.00 per ton for any additional materials that came in to be processed prior to beginning the operation. The Sanitation Department was to use a standard contract that has been previously approved by the County Attorney for this service.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to award the Brush Grinding contract to Innovative Recycling in the amount of $31,140 plus an additional $18.00 per ton for additional materials received prior to the beginning of the operation.
VOTE: Aye-5
Nay-0
C. Paving Proposal – Mr. Potter reviewed the following quotes received for needed paving at the Transfer Station:
Bidder Amount of Bid
Maymead $56,409
Moretz Paving $48,175
The project was to pave the road trailer parking lot. Mr. Potter recommended that the bid from Moretz Paving in the amount of $48,175 be accepted in that this was the low bid.
Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to award the contract for paving at the Transfer Station to Moretz Paving in the amount of $48,175 contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTION MATTERS
A. Discussion of Brookshire Road Project – Mr. Joe Furman, Planning and Inspections Director, reviewed a site plan of the Brookshire Road project that was proposed by the County’s engineers after the Board’s initial review. Mr. Furman asked that a work session be considered to further discuss the property; permission be given to have the engineer move ahead with the minor subdivision of four industrial pads as shown in the site plan; and permission be given to approve the general location of the soccer fields as shown in the site plan across the road from the industrial pads.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the minor subdivision of four industrial pads as shown in the site plan allowing the engineer move forward with the project.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the general location of the soccer fields as shown in the site plan as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
The Board agreed to schedule the work session under Miscellaneous Administrative Matters, Item A.
B. Blue Ridge National Heritage Grant Application Request – Mr. Furman requested approval to submit a grant application to the Blue Ridge National Heritage Area for the purpose of preparing and publishing a manuscript detailing the County’s architectural survey of historic structures. The total cost of the project was to be $25,000. Mr. Furman proposed to apply for a $10,000 grant which required a dollar for dollar match ($10,000). The match and the additional amounts required were to be covered by the existing Planning and Inspections Department budget and fundraising that was currently ongoing.
Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the grant application in the amount of $10,000 to the Blue Ridge National Heritage Area for the purpose of preparing and publishing a manuscript detailing the County’s architectural survey of historic structures.
VOTE: Aye-5
Nay-0
C. Secondary Roads Addition Request – Mr. Joe Furman stated that a secondary road petition had been received for Berton Street, .1 mile, located off NCSR 1652 in Mountain Shadows Subdivision. Mr. Furman requested the Board adopt a resolution and forward it to the Department of Transportation for consideration of adding this road to the state maintained secondary roads system.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to adopt the resolution and approve forwarding it to the Department of Transportation for consideration of adding to the state maintained secondary roads system.
VOTE: Aye-5
Nay-0
D. Proposed Proclamation for National Community Planning Month – Mr. Furman reviewed an amended proposed proclamation that was to declare October as National Community Planning Month in Watauga County.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to adopt the amended proclamation declaring October as National Community Planning Month in Watauga County.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Request to Schedule a Work Session – County Manager Nelson stated that at previous meetings the Board had requested amendments and updates to the County’s Animal Control Ordinance and requested that a work session be scheduled during the fall of 2006. The County Manager also stated that the work session should include discussion regarding the Brookshire Road property as requested by Mr. Furman.
By consensus, the Board scheduled a work session for 4:00 P.M. on October 10, 2006, to be located in the Commissioners’ Conference Room if available.
B. Discussion to Schedule a Trip – County Manager Nelson stated that a group recently toured two high schools to gather information on features that may be incorporated in the Watauga County high school project. The County Manager stated that another tour is scheduled for October 16, 2006, to Northern Guilford High School, from approximately 7:30 A.M. until 3:00 P.M. The County Manager stated that the same group was expected to attend this tour and that all Board of Commissioners and Board of Education members were welcome to attend as well.
C. 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 due to a resignation, a vacancy for a community based organization representative existed on the High Country Workforce Development Board. The Chamber of Commerce has recommended either Mr. Ben Shoemake, representative of Centura, or Mr. Jason Triplett, representative of Wachovia, be appointed to fill this vacancy.
The Board directed the County Manager to contact Mr. Ben Shoemake to inquire as to his availability to serve on this Board as Mr. Triplett was already serving as an appointee to the Economic Development Board.
No action was taken at this time as this was a first reading for this appointment.
D. Announcements – County Manager Nelson announced that the Mountain Keepers were holding an Environmental Summit on Saturday, September 23, 2006, 8:30 A.M. – 12:30 P.M. at Raley Hall on the Appalachian State University Campus.
County Manager Nelson announced that the Boone Town Council had scheduled a public hearing on Monday, September 25, 2006, at 7:00 P.M. to receive comments on the proposed revisions to the Steep Slope Protection issue.
County Manager Nelson announced that the North Carolina Association of County Commissioners had extended the deadline to submit Legislative Goals until Friday, September 29, 2006.
PUBLIC COMMENT
Ms. Deborah Greene spoke during public comment.
CLOSED SESSION
At 7:51 P.M., Commissioner Blust, seconded by Vice-Chairman Winkler, 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 Commissioner Honeycutt, moved to resume the open meeting at 9:00 P.M.
VOTE: Aye-5
Nay-0
SOIL AND WATER CONSERVATION TECHNICIAN APPOINTMENT
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to appoint Mr. Adam Keener as the Soil and Water Conservation Technician at a salary of $29,711 and Salary Grade 11.
VOTE: Aye-5
Nay-0
ADJOURN
Chairman Deal adjourned the meeting at 9:02 P.M.
Jim Deal, Chairman
ATTEST
Anita J. Fogle, Clerk to the Board