MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 2, 2007
The Watauga County Board of Commissioners held a regular meeting on Monday, April 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 9:02 A.M., welcoming those in attendance.
Commissioner Cooper opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the March 9 & 10, 2007, special meeting and closed session minutes; March 20, 2007, regular meeting and closed session minutes.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the March 9 & 10, 2007, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the March 9, 2007, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Kinsey requested that Baker Edmisten’s first name be included at the bottom of the first page of the March 20, 2007, regular meeting minutes.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the March 20, 2007, regular meeting minutes as amended.
VOTE: Aye-5
Nay-0
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the March 20, 2007, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the March 5, 2007, agenda.
County Manager Nelson requested to add an Attorney/Client Matters to closed session, per G. S. 143-318.11(a)(3). The County Manager also requested to present the Brush Grinding Request as Mr. Potter was unable to attend.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the March 20, 2007, agenda as amended.
VOTE: Aye-5
Nay-0
THE CHILDREN’S COUNCIL CHILD CARE REPORT
Ms. Jennifer Wilson Kearse, the Executive Director of the Watauga County Children’s Council, reported on the availability of child care in the County. Ms. Kearse reported that there were two child care centers in the County that would be closing soon which was to leave 55 children without care.
By consensus, the Board directed the County Manager to explore conversation with High Country Council of Governments and the Department of Social Services regarding the child care shortage problem.
BRUSH GRINDING REQUEST
County Manager Nelson stated that approximately two times annually, the collected inert debris consisting of scrap wood, pallets, stumps, brush and yard debris was ground into mulch for recycling. The Sanitation Department received the following two proposals for brush grinding:
Innovative Recycling: $16.80 per ton and $1,800 per day for mulch screening with a three day minimum.
Brinegar’s Grading & Recycling: $25 per ton to double grind brush.
The County Manager requested that the Board accept the proposal from Innovative Recycling in the amount of $16.80 per ton which was to be approximately $22,797 plus any additional tonnage that comes in prior to completion of the job and authorize the expenditure of an additional $5,400 to screen mulch. The mulch screening was to more readily allow recycling in that it created a product akin to top soil that was much in demand from the public.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve awarding the Brush Grinding contract to Innovative Recycling in the amount of $16.80 per ton with an additional $5,400 for the screening machine.
VOTE: Aye-5
Nay-0
REQUEST TO APPOINT THE HOME AND COMMUNITY CARE BLOCK GRANT (H&CCBG) ADVISORY COMMITTEE AND LEAD AGENCY
Ms. Angie Boitnotte, Director of Project on Aging, stated that each year Watauga County was required to appoint a Home and Community Care Block Grant (H&CCBG) Advisory Committee and a lead agency to determine how best to utilize the H&CCBG funds for the coming Fiscal Year. Ms. Boitnotte recommended the following for appointment to the committee: Mary Moretz, Anita Davie, Jim Atkinson, Linda Bretz, Debbie Garrett, David Loop, Virginia Peurifoy, Margie Mansure, Gail Hawkinson, Suzanne Long, Becky Council, Pat Coley, Beverly Donadio, Edward Harrill, Dick Oehser, Dr. Milton “Bunk” Spann, and Ellen Wright.
Ms. Boitnotte also requested that the Project on Aging be appointed as the Lead Agency.
Commissioner Cooper, seconded by Commissioner Moretz, moved to appoint the Project on Aging as the Lead Agency and waive the second reading and appoint the following to the H&CCBG Advisory Committee: Mary Moretz, Anita Davie, Jim Atkinson, Linda Bretz, Debbie Garrett, David Loop, Virginia Peurifoy, Margie Mansure, Gail Hawkinson, Suzanne Long, Becky Council, Pat Coley, Beverly Donadio, Edward Harrill, Dick Oehser, Dr. Milton “Bunk” Spann, and Ellen Wright.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Budget Amendments – Ms. Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
219800-498010 Transfer to General Fund $23,000
219930-461202 Future Park Development $23,000
106120-469199 Professional Services-Other $23,000
103980-398121 Transfer from Cap. Reserve $23,000
The amendment recognized the transfer of funds from the Capital Reserve Fund to the General Fund for the preliminary architectural services for the proposed recreation center adjacent to the new high school. This was approved at the March 20, 2007, Board meeting.
Account # Description Debit Credit
103300-343301 Emerg. Mgt.-Supplemental $4,719
104330-452000 Cap. Outlay-IT Equip. $4,719
The amendment recognized supplemental funds from the NC Division of Crime Control and Public Safety to the Emergency Management Department. These funds are to be used to provide wireless computer system capabilities in the EOC.
Account # Description Debit Credit
103200-323100 Article 39-1% Sales Tax $45,000
103200-323200 Article 40-1/2% Sales Tax $45,000
103200-323300 Article 42-1/2% Sales Tax $45,000
103200-323400 Article 44-1/2% Sales Tax $45,000
103101-312006 Taxes Ad Valorem-FY 06/07 $1,000,000
104285-457001 Cap. Out. Land Imp.-Soccer $800,000
104281-457001 Cap. Out. Land Imp.-Tot Lot $87,000
104283-457001 Cap. Out. Land Imp.-Tot Lot $85,000
109800-498043 Transfer to High School Cap. Proj. $208,000
433980-398100 Transfer from General Fund $208,000
435911-457000 Cap. Out. Land Purchase $208,000
The amendment recognized additional sales tax and property tax revenue and the additional expenditures identified by the Board at the March 20th Board meeting.
Account # Description Debit Credit
103991-399101 Fund Balance Appropriated-New $2,350
104330-435201 R&M – Smokehouse $2,350
Ms. Isaacs stated that the original funding was approved at the November 15, 2005, Board of Commissioners meeting, but the funds were not expended in FY 05-06. The repairs for the smokehouse were done and Avery County requested reimbursement of one-half of the cost. The amendment re-appropriated the funds so they may be expended in the current fiscal year.
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to approve the budget amendments as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
B. Proposed Resolution Appointing Ferris Baker Watts as Senior Book-Running Manager for the County’s Proposed School Certificates of Participation Funding – Ms. Isaacs presented a resolution appointing the firm of Ferris Baker Watts to act as the Senior Manager for the County’s proposed certificates of participation financing for the high school project. The staff had a comfort level with Ms. Allison Peeler, the Manager of the North Carolina Public Finance Division of Ferris Baker Watts and had worked with her on several occasions in the past with customer service having been exemplary. Based on an amount of $65,000,000, the fees were to be $292,500 for selling of the Bonds and the management fee was to be $65,000.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the Resolution Appointing Ferris Baker Watts as Senior Book-Running Manager for the County’s Proposed School Certificates of Participation Funding contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of March 2007.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for March 2007 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the Refunds and Releases Report for March 2007 as presented.
VOTE: Aye-5
Nay-0
C. Proposed Dates for Board of Equalization and Review – Mr. Byrd presented recommended dates for the Board of Equalization and Review (E&R) meetings for the fiscal year.
Commissioner Cooper, seconded by Commissioner Moretz, moved to set the convening date as April 24, 2007, at 4:00 P.M. and the adjourning date as May 1, 2007, at 4:00 P.M.
VOTE: Aye-5
Nay-0
PROPOSED RESOLUTIONS
A. In Support of Acceleration of NCDOT Project to Widen US 421 (King Street) TIP Project # U-4020 – Mr. Joe Furman presented a resolution in support of acceleration of NCDOT project to widen US 421 (King Street). A typo was pointed out in the seventh “Whereas” where the word “time” needed to be changed to “times.”
Commissioner Moretz, seconded by Commissioner Cooper, moved to adopt the Resolution In Support of Acceleration of NCDOT Project to Widen US 421 (King Street) TIP Project # U-4020 as amended and direct staff to send a copy to Senator Goss, Representative Tarleton, and Mr. Ivan Dishman, Mr. Mike Pettyjohn, Mr. Ed Lewis, and Mr. Arnold Lakey with the Department of Transportation.
VOTE: Aye-5
Nay-0
B. In Support of the Creation of a New Daniel Boone Drive Intersection with US Hwy 421 (King Street) – Mr. Furman stated that the second resolution was to request the establishment of a new connection to Daniel Boone Drive adjoining the existing intersection of US Hwy 194 and King Street near the Clyde Jones Auto Parts building that was to be purchased by the state during right-of-way acquisitions for the widening project.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt the Resolution In Support of the Creation of a New Daniel Boone Drive Intersection with US Hwy 421 (King Street) as presented and direct staff to send a copy to Senator Goss, Representative Tarleton, and Mr. Ivan Dishman, Mr. Mike Pettyjohn, Mr. Ed Lewis, and Mr. Arnold Lakey with the Department of Transportation.
VOTE: Aye-5
Nay-0
NEW HIGH SCHOOL MATTERS
A. Committee Report – Chairman Deal updated the Board on the progress of the Sub-Committee working on the new high school. The site layout was taking shape with the tennis courts to be relocated to the newly purchased lots from Ms. Ray Dell Greene. The building was continuing to be fine tuned. Plans were ongoing to locate a site for a future recreation center on the property. The cemetery study was completed with 19 possible gravesites discovered. The Chairman stated that the Board was to follow statutory proceedings as directed by the County Attorney to relocate the graves. The Chairman also stated that discussions continued with those interested in purchasing the current high school property.
B. Recommendation for Entrance Road – At the March 14, 2007, Sub-Committee meeting, the firm of Kimley-Horne presented the traffic study, as required by the Town of Boone, for the project. A part of the study looked at two scenarios for the entrance to the new high school. One was as previously discussed; four-laning Old US 421 from a new signalized intersection across from the Industrial Park entrance. The second scenario that the engineers evaluated was keeping Old US 421 (King Street) open to allow access from the existing stop light to the Ford Dealership (Old Mitsubishi Dealership) and also access from the new signalized intersection near the Industrial Park entrance. The second option, maintaining access from both east and west, was the recommendation of Kimley-Horn. Prior to application for conditional zoning to the Town of Boone, a choice had to be made in order to prepare the required documents.
After discussion, Commissioner Moretz, seconded by Commissioner Kinsey, moved to accept the recommendation from Kimley-Horn using East King Street to access the property from the east and west contingent upon the Department of Transportation creating a four-way stop light at the Hwy 194 intersection for Daniel Boone Drive where Clyde Jones Auto Parts currently is located.
VOTE: Aye-5
Nay-0
C. Proposed Contract for Pre-Construction Services – County Manager Nelson presented a proposed fee and scope of services for Barnhill-Vannoy pre-construction services for the high school project. Chairman Deal stated that the Sub-Committee recommended that the Board accept the proposal for pre-construction services in the amount of $529,002 to approve a contract referencing the scope of services. The Sub-Committee also recommended that the School Board and County Attorneys continue to develop a separate contract for actual construction.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the proposal for pre-construction services from Barnhill-Vannoy in the amount of $529,002 contingent upon the County Attorney’s preparation and review of the contract.
VOTE: Aye-5
Nay-0
D. Proposed Joint Meeting with School Board – County Manager Nelson stated that it was anticipated that a preliminary design of the new high school was to be available for a presentation to the Sub-Committee at their scheduled April 25, 2007, meeting. At that time, the committee was to review and forward a recommendation to both the School Board and Board of Commissioners. The Sub-Committee recommended that the School Board and Board of Commissioners hold a joint meeting on Tuesday, May 8, 2007, at 4:00 P.M. at the Board of Commissioners’ Board Room to allow action by both Boards after the presentation of the design.
The County Manager recommended that the regular scheduled Monday, May 7, 2007, Board meeting be rescheduled with all necessary regular business at the conclusion of the joint meeting with the School Board on May 8, 2007.
The Board agreed, by consensus, to schedule a joint meeting with the School Board on
Tuesday, May 8, 2007, at 4:00 P.M. with the Board of Commissioners meeting regularly scheduled on Monday, May 7, 2007, to be rescheduled to begin immediately following the joint meeting on Tuesday, May 8, 2007.
Tuesday, May 8, 2007, at 4:00 P.M. with the Board of Commissioners meeting regularly scheduled on Monday, May 7, 2007, to be rescheduled to begin immediately following the joint meeting on Tuesday, May 8, 2007.
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Discussion of the “Edmisten House” Lot Size for Surplus – County Manager Nelson reviewed two preliminary surveys of the “Baker Edmisten” house, located on the new high school property. The first survey included the house and approximately .529 acres. The second survey included the house and approximately .446 acres. The County Manager stated that when a survey was approved, the house and lot could be surplused and sold through the upset bid process.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the survey with the .446 acres and declare the “Baker Edmisten” property along with the house as surplus.
VOTE: Aye-5
Nay-0
B. Proposal Community Pride Week Resolution – County Manager Nelson presented a proposed Resolution proclaiming the week of May 28 – June 2, 2007 as Community Pride Week in Watauga County.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the resolution as presented and declare the week of May 28 – June 2, 2007, as Community Pride Week in Watauga County.
VOTE: Aye-5
Nay-0
C. Town of Boone Joint Meeting Request – County Manager Nelson stated that the Boone Town Council had requested a joint meeting with the other municipalities in the county, Appalachian State University and Watauga County. Original suggested dates were not suitable for all involved. The new suggested dates for the meeting were May 21st or May 24th at 4:00 P.M.
After discussion and by consensus, the Board directed the County Manager to relay to the Town of Boone that May 24, 2007, was suitable.
D. Second Reading of Proposed Amendment to the Ambulance Franchise Agreement – County Manager Nelson stated that the Board approved the first reading of an amendment to the Ambulance Franchise Agreement between Watauga County and Watauga Medics, Inc., at the March 20, 2007, Board meeting. The amendment contained no substantive changes but clarified the subsidy amounts for FY 2007 as well as the remaining years of the contract. The County Manager presented the agreement with mathematical corrections as discussed at the previous meeting for a second reading and action for final adoption.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to adopt the amendment to the Ambulance Franchise Agreement between Watauga County and Watauga Medics, Inc., for the second reading.
VOTE: Aye-5
Nay-0
E. Boards and Commissions – County Manager Nelson stated that the Boone Town Council had nominated Mr. Robert de Camara to fill the un-expired term of Mr. Jim Sanders as an ETJ alternate on the Boone Board of Adjustment. The term for this position was to expire on June 30, 2008. This was a first reading, and therefore no action was required at this time.
County Manager Nelson stated that Mr. Larry Brooks had resigned from his position as a member of the Watauga County Board of Adjustment. The Board of Adjustment did not have a recommendation for consideration. This appointment was to fill an unexpired term and the term was to expire in November 2009.
F. Announcements – County Manager Nelson announced that the North Carolina Association of County Commissioners’ District meeting for Watauga County was scheduled for April 20, 2007, at the Broyhill Civic Center in Lenoir from 10:00 A.M. to 1:00 P.M.
County Manager Nelson announced that the North Carolina Association of County Commissioners was also sponsoring an Agriculture Issues Forum on Friday, April 27, 2007, at the Johnson County Agriculture Center in Smithfield, NC. The meeting was to be from 10:00 A.M. to 4:00 P.M.
PUBLIC COMMENT
Ms. Janet Pepin with the Volunteer Resource Center announced that the Center was providing a High Country Volunteer Fest on Saturday, April 21, 2007, at the Boone Mall from 10:00 A.M. to 3:00 P.M.
COMMISSIONER COMMENT
The Board recognized the Volunteer Firemen and Rescue Squad members for their volunteer time and service to Watauga County.
CLOSED SESSION
At 10:40 A.M., Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to enter Closed Session to discuss Economic Development Matters, per G. S. 143-318.11(a)(4) and Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
[Clerk’s Note: Commissioner Cooper left the meeting at 11:46 A. M. due to a prior commitment]
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to resume the open meeting at 12:01 P.M.
VOTE: Aye-4(Deal, Winkler, Kinsey, Moretz)
Nay-0
Absent-1(Cooper)
ADJOURN
The meeting adjourned, by consensus, at 12:01 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board