MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JANUARY 2, 2007
The Watauga County Board of Commissioners held a regular meeting on Tuesday, January 2, 2007, at 9:00 A.M. in the Board Room of the Watauga County Administration Building.
PRESENT: Jim Deal, Chairman
William R. Winkler, III, Vice-Chairman
John Cooper, Commissioner
Winston Kinsey, Commissioner
Mary Moretz, 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 9:03 A.M., welcoming those in attendance.
Chairman Deal opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the December 4, 2006, regular meeting and closed session minutes.
Commissioner Moretz stated that under Commissioner-Boards & Commissioner Appointments there are two New River Mental Health Boards and she was to serve on the original Board and Commissioner Winkler was to serve on the new Service Authority Board.
Also Miscellaneous Administrative Matters B. Discussion of Resident Property Tax Homestead Exemption should read as follows: “Commissioner Moretz presented a draft resolution requesting that Watauga County be given an option to adopt a resident property tax homestead exemption which would benefit elderly and low-income permanent resident homeowners in the county.
After discussion, Commissioner Mortez Moretz, seconded by Commissioner Cooper, moved to adopt the Resident Homestead Exemption Resolution and directed the County Manager to fine tune the language and submit the resolution to the NCACC for the Legislative Goals Conference and the NC General Assembly (both House of Representatives and Senate).”
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the December 4, 2006, regular meeting minutes as amended.
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the December 4, 2006, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the January 2, 2007, agenda.
Agenda item # 6 needed to be deferred until a future meeting after the Board of Education met on the subject.
The following additions were requested to be added under Miscellaneous Administrative Matters: “Discussion of a Scenic Designation for the Globe Forest Area” and “Discussion of the New High School Project.”
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the January 2, 2007, agenda as amended.
VOTE: Aye-5
Nay-0
REPORT FROM THE TOURISM DEVELOPMENT AUTHORITY AND REQUEST FOR REAPPOINTMENT OF BOARD MEMBERS
Mr. Rob Holton, Chairman of the Tourism Development Authority (TDA), presented a report on the Occupancy Tax for the quarter ending September 30, 2006, and gave an update on the TDA’s progress to date. Mr. Holton also requested that the Board reappoint Lisa Martin and Tony Gray at a future meeting, prior to their terms expiring in February 2007.
This report was for information only and therefore no action was required.
PROPOSED RESOLUTION ADOPTING A POLICY FOR MUTUAL ASSISTANCE WITH OTHER LAW ENFORCEMENT AGENCIES
Sheriff Hagaman presented a proposed resolution formalizing the County’s mutual aide assistance agreement with other cooperating law enforcement agencies.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt the Resolution Adopting a Policy for Mutual Assistance with Other Law Enforcement Agencies.
VOTE: Aye-5
Nay-0
COURTHOUSE SECURITY CAMERA SYSTEM PROPOSAL
Mr. Robert Marsh, Maintenance Director, presented a proposal from South Western Communications, Inc. (SWC) in the amount of $59,465 to install security cameras and monitoring equipment in the Watauga County Courthouse. Funds for this installation were in the County’s Capital Reserve Account and the project was a planned upgrade to Courthouse security in conjunction with renovation.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve entering into a contract with South Western Communications, Inc., for the Courthouse security project in the amount of $59,465 to be allocated from the Capital Reserve Fund.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Budget Amendments – Ms. Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
663200-327501 Scrap Tire Grant $6,079
667420-469566 Contracted Services-Tire Removal $6,079
The amendment recognized award of a scrap tire grant from NCDENR.
Account # Description Debit Credit
105550-449901 Senior’s Health Ins. Info. Program $3,100
103586-332006 SHIIP $3,100
The amendment recognized funding from the Senior’s Health Insurance Information Program to provide supplemental funding support for information services to Watauga County residents.
Account # Description Debit Credit
219800-498010 Transfer to General Fund $25,000
219930-449210 Economic Development $25,000
103980-398121 Transfer from Capital Reserve $25,000
105890-463130 Blowing Rock Stage Company $25,000
The amendment recognized the transfer of funds from the Capital Reserve Fund to the General Fund for the second year of the funding commitment toward the construction of the Miriam and Robert Hayes Performing Arts Center. The original commitment was approved at the September 19, 2005, Board of Commissioners meeting.
Account # Description Debit Credit
663991-399101 Retained Earning Appropriated $133,216
667420-435200 M&R-Equipment $133,216
The amendment recognized the appropriation of retained earning for the replacement and installation of the baler conveyor belt. This was approved at the December 4, 2006, Board of Commissioners meeting.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the budget amendments as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
B. Project Ordinance for High School Land Acquisition – Ms. Isaacs presented a proposed Watauga County Capital Projects Ordinance for the land purchase for the new high school project. Ms. Isaacs stated that the ordinance was required by the Local Government Commission when installment purchase contracts were used.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to adopt the Watauga County Capital Projects Ordinance for the land purchase for the new high school project 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 December 2006.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for December 2006 for Board approval:
TO BE TYPED IN MINUTE BOOK
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the Refunds and Releases Report for December 2006 as presented.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTIONS MATTERS
A. Subdivision Performance Guarantee – Mr. Joe Furman presented a subdivision performance guarantee, in the amount of $36,180, for the final plats for six lots at The Forest at Sunalei, which was an irrevocable letter of credit from First Charter Bank which guaranteed road construction and was pursuant to section 92 of the Subdivision Regulations.
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the subdivision performance guarantee as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
B. Brookshire Park Stream Restoration Project Request – Mr. Furman stated that Watauga County had received a grant from the North Carolina Division of Water Resources to repair the bank of the South Fork New River at the County Park on Brookshire Road. Mr. Furman requested permission to negotiate a contract with McGill and Associates based on the selection and Request for Qualifications process. Mr. Adam Keener was to work on the project with Mr. Furman.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to direct Mr. Furman and Mr. Keener to negotiate a contract with McGill and Associates for this project with the contract to be presented for review at a future meeting.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Discussion of Resident Property Tax Homestead Exemption – County Manager Nelson presented a resolution adopted at the December 4, 2006, meeting regarding a resident property tax homestead exemption. The resolution was forwarded to local legislatures and the NC Association of County Commissioners (NCACC). Also included was a letter from Paul Meyer, NCACC Assistant General Counsel, regarding the Association’s position on including the homestead exemption resolution as a part of the Legislative Goals Conference.
After discussion and by consensus, the Board directed the County Manager to prepare letters to Senator Goss and Representative Tarleton requesting them to take the appropriate steps, including a constitutional amendment if necessary, to allow Watauga County to establish a resident property tax homestead exemption.
B. NCACC Matters –
1. Legislative Goals Conference Discussion – The NCACC Legislative Goals were presented. This was for information only and therefore no action was required.
2. Appointment of Voting Delegate for Legislative Goals Conference – County Manager Nelson stated that the NCACC Legislative Goals Conference was scheduled for January 11 & 12, 2007, in Pinehurst, and each member county attending was to select a voting delegate to represent his/her county at the conference.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to appoint Commissioner Kinsey as the Watauga County Voting Delegate at the NCACC Legislative Goals Conference.
VOTE: Aye-5
Nay-0
3. NCACC’s Legislative Liaison Program Appointment – County Manager Nelson stated that the NCACC requested that each County appoint a Commissioner as Legislative Liaison to work with the District Director in ensuring communication with each Board of Commissioners.
By consensus, the Board appointed Chairman Deal to serve as the Watauga County representative to the NCACC’s Legislative Liaison Program.
C. Scheduling of Upcoming Meetings, Work Sessions, and the Annual Pre-Budget Retreat – County Manager Nelson stated that there were conflicts of schedules for the second Board meeting date on January 16, 2007.
By consensus, the Board agreed to reschedule the second Board meeting in January to Wednesday, January 17, 2007, at 6:00 P.M.
County Manager Nelson requested direction as to scheduling a winter work session to review topics such as amendments to the Animal Control Ordinance.
By consensus, the Board tabled discussion on scheduling a work session and directed the County Manager to present a list of possible topics for such a work session at the next Board meeting.
County Manager Nelson requested direction in scheduling the Annual Pre-Budget Retreat.
By consensus, the Board set the Annual Pre-Budget Retreat for Friday, March 9 and Saturday, March 10, 2007.
D. Cove Creek VFD Request for Support of Lease Purchase Agreement – County Manager Nelson stated that the Cove Creek Volunteer Fire Department was entering into a lease purchase agreement to finance an upgrade in equipment to meet departmental needs. The County Manager presented a draft letter of support which was requested of the County by Cove Creek VFD and which stated that the County had no objection to the transaction.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the letter of support as presented.
VOTE: Aye-5
Nay-0
E. Landfill Monitoring Report – County Manager Nelson presented the executive summary of the recently completed landfill monitoring report. The County Manager stated that the most recent sampling report continued to show that both the size of the plume of the affected area as well as the concentrations of chemicals continued to diminish due to natural attenuation.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to submit the Monitoring Report to the North Carolina Department of Environmental and Natural Resources.
VOTE: Aye-5
Nay-0
F. Discussion of a Scenic Designation for the Globe Forest Area – Commissioner Cooper stated that there was proposed legislation to designate the Globe Forest area as scenic which was to inhibit the clear cutting project as proposed by the USDA Forest Service.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt a resolution requesting the Globe Forest area be awarded a scenic designation, request the planned clear cutting of the area forest be stopped, and direct staff to submit the resolution to our Senators and Representative with copies of the letters being forwarded to the Town of Blowing Rock.
VOTE: Aye-5
Nay-0
G. Discussion of the New High School Project – County Manager Nelson updated the Board on the high school project and requested direction on requesting that permitting fees be waived from the Town of Boone.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to direct the County Manager to send a letter to the Town of Boone Mayor and Council requesting that all fees related to the high school project be waived.
VOTE: Aye-5
Nay-0
H. Boards and Commissions – Chairman Deal stated that vacancies existed on the Planning Board. Appointments to this Board were made by each Commissioner and terms coincided with the appointing Commissioner’s term.
Commissioner Winkler re-appointed Diane Tilson to represent his district; Commissioner Moretz appointed Barbara Day to represent her district; and Commissioner Cooper appointed Lowell Thomas to represent his district.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to confirm the appointments as made to the Watauga County Planning Board.
VOTE: Aye-5
Nay-0
Chairman Deal stated that Mr. Fred Badders term on the WAMY Board expired December 2006. Mr. Badders was willing to continue to serve if reappointed.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to reappoint Mr. Fred Badders as the Commissioner representative to the WAMY Board.
VOTE: Aye-5
Nay-0
I. Announcements – County Manager Nelson announced the 2007 Entrepreneurship Summit was scheduled for Tuesday, February 27, 2007, in Raleigh, NC.
County Manager Nelson announced that the National Association of Counties Legislative Goals Conference was scheduled for March 3-7, 2007, in Washington, DC.
County Manager Nelson presented the Board with a schedule of upcoming events related to the Martin Luther King holiday.
PUBLIC COMMENT
Mr. Leo Mast stated that the NCDOT had presented the Amantha community with four alternatives for bridge repair in the area. Mr. Mast stated that the community and community organizations were in opposition to alternatives 1, 2, and 3; however, they were in support of alternative 4. Mr. Mast requested the Board of Commissioners also support alternative 4 for this project.
Commissioner Cooper, seconded by Commissioner Moretz, moved to adopt a resolution to be drafted by the County Manager and submitted to the North Carolina Department of Transportation in support of alternative 4 and in opposition to alternatives 1, 2, and 3 in the Amantha bridge repair project.
VOTE: Aye-5
Nay-0
CLOSED SESSION
At 10:16 A.M., Commissioner Cooper, 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); and Land Acquisition, per G. S. 143-318.11(5)(i).
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 11:32 A.M.
VOTE: Aye-5
Nay-0
COUNTY MANAGER’S SALARY
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to increase the County Manager’s salary by 4%, effective January 1, 2007.
VOTE: Aye-5
Nay-0
SHERIFF’S DEPARTMENT RECLASSIFICATION AND ADDITIONAL PERSONNEL REQUEST
Chairman Deal stated that Sheriff Hagaman had requested the following reclassification and personnel additions: Two additional captain positions in lieu of the chief deputy position which was not to be reappointed (this would be a total of 4 captain positions) and the reclassification of a Deputy I position to a Deputy II position. The Sheriff planned to promote two current lieutenants to the two new captain positions and then fill the lieutenant positions. The Sheriff also requested to increase the salaries of the current Captains, Dee Dee Rominger and Kelly Redmond, to $43,528 which was the same starting salary that he wished for the two new Captains to ensure equity in his organization. The total annual cost of the request was $50,905; however, the total cost could be reduced if the sheriff opted to not fill one or both of the vacated lieutenant positions; and the cost for the remainder of fiscal year 2007 would be half of this amount.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the request for reclassification and additional personnel as follows: not reappointing a chief deputy; two new captain positions; and reclassifying a Deputy I to a Deputy II position.
VOTE: Aye-5
Nay-0
PROPOSED PURCHASE OF PROPERTY FOR THE HIGH SCHOOL PROJECT
The County Manager reviewed the following properties which were proposed for purchase by the County for the new high school project:
Property Owner Purchase Amount
Shirley Ray $191,500
Carroll $425,000
Total $616,500
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to direct the County Attorney to finish the due diligence and to provide the necessary documents to close and purchase the properties. The funds for the purchase of the Ray property was to be taken from proceeds from financing as approved by the Local Government Commission and funds for the purchase of the Carroll property was to be taken from the Fund Balance and replaced with funds from the future sale of the Baker Edmisten house which was to be surveyed, surplused, and sold by the county.
VOTE: Aye-5
Nay-0
ADJOURN
The meeting adjourned, by consensus, at 11:40 A.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board