MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, APRIL 17, 2007
The Watauga County Board of Commissioners held a regular meeting on Tuesday, April 17, 2007, at 6:00 P.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
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 6:01 P.M., welcoming those in attendance.
Commissioner Kinsey opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the April 2, 2007, regular meeting and closed session minutes.
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the April 2, 2007, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the April 2, 2007, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the April 17, 2007, agenda.
County Manager Nelson requested to add a Children’s Council Proclamation Request as Item 7(a); Discussion of House Bill 1139 and House Bill 1230 as Item 8(a); and add Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Land Acquisition, per G. S. 143-318.11(a)(5)(i) to closed session.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the April 17, 2007, agenda as amended.
VOTE: Aye-5
Nay-0
ZERO WASTE/COMPOSTING DISCUSSION
Ms. Jasmine ShoShanna and Mr. Frank Bolick presented a report on composting opportunities for Watauga County citizens.
The report was issued for information only.
PLANNING AND INSPECTION MATTERS
A. Fire Service Districts Discussion – Mr. Joe Furman stated that it had come to the attention of staff that there was a discrepancy on the insurance response ratings district between Foscoe and Blowing Rock districts in the Holloway Mountain Road area. Mr. Furman requested discussion on this item be tabled for a future meeting.
By consensus, the Board agreed to table discussion until a future meeting.
Mr. Furman stated that, per the Board’s request, staff reviewed the areas in the County that currently were not paying a fire tax. Mr. Furman stated that staff met with the affected fire departments and recommended creating service districts in the areas which were currently untaxed. Mr. Furman reviewed the recommended schedule used to create the service districts, that being the best solution to the tax inequity situation.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to begin the process of adopting fire service tax districts as proposed.
VOTE: Aye-5
Nay-0
B. Proposal for Consultant Services to Prepare the County Plan – Mr. Furman stated that a Board-appointed committee met with several companies and reviewed their proposals to develop and prepare a new County Plan. The Committee recommended that the contract be awarded to Martin/McGill, Inc., who bid the project in two phases. The first phase was to seek public input in the design and product. The amount of the contract for Phase I was not to exceed $29,700.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to award the contract for Phase I of consultant services to prepare the County Plan to Martin/McGill, Inc., in an amount not to exceed $29,700, contingent upon the County Attorney’s review of the proposal and contract when received.
VOTE: Aye-5
Nay-0
EMERGENCY MANAGEMENT GRANT REQUEST
Mr. Seth Norris, representing the Fire Marshal/Emergency Management Office, presented two grant application requests. The first was in the amount of $5,000 from the NC Hazardous Materials Emergency Planning (HMEP) with no local match required. The grant was to be used to conduct an emergency exercise.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to approve the NC Hazardous Materials Emergency Planning grant in the amount of $5,000.
VOTE: Aye-5
Nay-0
Mr. Norris stated that the second grant was from the State Medical Assistance Team (SMAT) in the amount of $7,472 and required no local match. The grant was to be used for equipment and supplies for the SMAT trailer that the County had as a result of a previous grant.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the State Medical Assistance Team grant in the amount of $7,472.
VOTE: Aye-5
Nay-0
GREEN VALLEY COMMUNITY PARK FUNDING REQUEST
Ms. Janice Carroll gave a brief background of the Green Valley Community Park and requested funding in the amount of $30,000 out of the County’s current budget for a “tot lot” at the Green Valley Park. County Manager Nelson stated that should the Board wish to fund the request, any unexpended balance of the previously designated “tot lot” funds could be used with the balance to be taken from the County’s Capital Reserve account that has been designated for future park development.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to designate $30,000 for the development of a “tot lot” at the Green Valley Community Park with funds allocated from the unexpended balance of the previously designated “tot lot” funds and the County’s Capital Reserve account that was designated for future park development, contingent upon the County Attorney drafting an agreement guaranteeing public access to the park prior to funding.
VOTE: Aye-5
Nay-0
PROPOSED WATAUGA OPPORTUNITIES RESOLUTION
Commissioner Cooper reviewed a draft resolution in support of the North Carolina Legislature adopting a funding bill for the Marketing Association of Rehabilitation Centers (MARC). The proposed legislation was to fund $1,000,000 to purchase capital equipment and make facility upgrades, offsetting start-up costs for MARC Custom Medical Products initiatives. The new program was to serve many people and create jobs in the region. It was hoped that Watauga Opportunities was to benefit from the legislation if adopted.
Commissioner Cooper, seconded by Commissioner Moretz, moved to adopt the resolution in support of the NC Legislature adopting a funding bill for the Marketing Association of Rehabilitation Centers (MARC).
VOTE: Aye-5
Nay-0
CHILDREN’S COUNCIL PROCLAMATION REQUEST
Commissioner Moretz presented a proclamation Honoring the Children’s Council of Watauga County and Designating April as the Month of the Young Child.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to adopt the Proclamation as presented.
VOTE: Aye-5
Nay-0
FY 2008 RECOMMENDED CAPITAL IMPROVEMENT PLAN
Assistant County Manager Geouque presented the Watauga County Recommended FY 2008 Capital Improvement Plan. The report was issued for information only and no action was required at this time. The Assistant County Manager stated that the Capital Improvement Plan funding was to be included in the adoption of the FY 2008 budget in June.
DISCUSSION OF HOUSE BILL 1139 AND HOUSE BILL 1230
County Manager Nelson reviewed House Bill 1139 and House Bill 1230 both of which were to allow the sale of ABC products in the County without local approval or referendum.
After discussion, Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to direct the County Manager to contact Representative Tarleton to request that he ask Representative Gibson to withdraw the Bills.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Out-of-State Travel Request – County Manager Nelson stated that a Sheriff’s Department Detective was selected to attend the Drug Enforcement Administration Narcotic Investigator School in Memphis, Tennessee. The County Manager stated that all out-of-state travel required Board of Commissioner approval and staff recommended approval.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the out-of-state travel for the Detective.
VOTE: Aye-5
Nay-0
B. Discussion of AppalCART Building – County Manager Nelson stated that after speaking with Chris Turner, Director of AppalCART, the decision regarding whether or not the current AppalCART building may revert to the County without reimbursement was delegated to the North Carolina Department of Transportation by the federal government. The County Manager requested direction from the Board in lobbying the DOT to declare the building surplus and award it to the County without reimbursement.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to direct the County Manager to draft a letter to Senator Goss, Representative Tarleton and Mr. Arnold Lakey, encouraging the Department of Transportation to give the current AppalCART building to Watauga County if funds could be found elsewhere for the new AppalCART building.
VOTE: Aye-5
Nay-0
C. Boards and Commissions – 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 for this appointment which was to fill an unexpired term ending in November 2009.
By consensus, the Board tabled further discussion until a future meeting.
County Manager Nelson stated that the Boone Town Council nominated Mr. Robert de Camara to fill the unexpired 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.
Commissioner Moretz, seconded by Commissioner Cooper, moved to appoint Mr. Robert de Camara to an unexpired term as an ETJ alternate on the Boone Board of Adjustment with the term to expire June 30, 2008.
VOTE: Aye-5
Nay-0
D. Announcements – County Manager Nelson announced that the Watauga County Project on Aging’s Volunteer Recognition Breakfast was scheduled for Thursday, April 19, 2007, at the Dan’l Boone Inn from 8:30 A.M. to 10:00 A.M.
County Manager Nelson announced that the Rural Center was sponsoring a conference at the Broyhill Inn and Conference Center on June 11-13 to discuss and review “Energizing Entrepreneurship in Rural North Carolina.”
County Manager Nelson announced that the UNC Institute of Government was sponsoring a seminar May 17, 2007, in Greenville, North Carolina, with a subject matter to cover the role of local leaders in building entrepreneurial communities.
County Manager Nelson stated that the North Carolina Association of County Commissioners had announced that County Assembly Day was scheduled for Wednesday, May 2, beginning at 8:30 A.M. and concluding with a reception for legislators at 5:30 P.M.
County Manager Nelson announced that a joint meeting with the School Board was scheduled for Tuesday, May 8, 2007, beginning at 4:00 P.M. Immediately following the joint meeting, the Board of Commissioners was to hold their first regular meeting in May which was rescheduled from Monday, May 7, 2007, to Tuesday, May 8, 2007.
County Manager Nelson announced that the Town of Boone had confirmed that the Intergovernmental Retreat was scheduled for Thursday, May 24, 2007, from 4:00 to 8:00 P.M., with the location to be announced at a later time.
County Manager announced that when the third Tuesday in the month was only a week away from the first scheduled Board meeting, the Board traditionally rescheduled the second meeting to the following week.
By consensus, the Board agreed to reschedule the Tuesday, May 15, 2007, Board meeting to Tuesday, May 22, 2007, at 6:00 P.M. in the Watauga County Administration Building.
DISCUSSION AND PROPOSED RESOLUTION FOR GRAVEYARD RELOCATION
The Board reviewed a resolution to begin the removal and relocation process for the nineteen graves that were found on the new high school site. County Manager Nelson shared a letter from Ms. Jennifer Sisak, the Project Architect, stating that the relocation was necessary for the project to continue. A letter from the County Attorney detailing the process that the County was to follow was also reviewed.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the resolution to begin the removal and relocation process for the graves found at the new high school site as prepared by the County Attorney.
VOTE: Aye-5
Nay-0
By consensus, the Board agreed to recommend that the graves be moved to the former Ray Dell Greene property with access to be from Spruce Street and to direct the County Manager to schedule a meeting with the known heirs on May 8, 2007 at 6:00 P.M. for possible recommendation to move the graves.
PUBLIC COMMENT
There was no public comment.
COMMISSIONER COMMENT
Commissioner Cooper commended Watauga High School on their wonderful work with the Empty Bowls fundraiser.
CLOSED SESSION
At 7:26 P.M., Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Economic Development Matters, per G. S. 143-318.11(a)(4); Personnel Matters, per G. S. 143-318.11(a)(6); Land Acquisition, per G. S. 143-318.11(a)(5)(i); and Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Commissioner Kinsey, seconded by Commissioner Moretz, moved to resume the open meeting at 9:13 P.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION
A. Appointment of IT Director – The Interview Committee for the IT Director position recommended to the Board promoting Mr. Drew Eggers to IT Director at a starting salary of $55,000.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to appoint Mr. Drew Eggers as IT Director with a starting salary of $55,000.
VOTE: Aye-5
Nay-0
B. Rescinding of Resolution – County Manager Nelson stated that the Board had adopted a resolution on April 2, 2007, appointing Ferris Baker Watts as Senior Book-Running Manager for the County’s Proposed School Certificates of Participation Funding. The County Manager stated that Ms. Allison Peeler had since left Ferris Baker Watts and was employed by BB&T. The County’s comfort level was with Ms. Peeler as the County had worked with her in prior matters.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to rescind the resolution adopted by the Board on April 2, 2007, appointing Ms. Allison Peeler with Ferris Baker Watts as Senior Book-Running Manager for the County’s Proposed School Certificates of Participation Funding and to direct the County Manager to draft a resolution appointing BB&T and specifically naming Ms. Allison Peeler as the project manager as Senior Book-Running Manager for the County’s Proposed School Certificates of Participation Funding.
VOTE: Aye-5
Nay-0
ADJOURN
The meeting adjourned, by consensus, at 9:15 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board