MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 8, 2007
The Watauga County Board of Commissioners held a regular meeting on Tuesday, May 8, 2007, at 5:00 P.M. in the Board Room of the Watauga County Administration Building.
PRESENT: 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
[Clerk’s Note: Chairman Deal was unable to attend the meeting due to a family medical emergency.]
The meeting resumed at 5:11 P.M.
Commissioner Moretz opened the regular meeting with a prayer.
APPROVAL OF MINUTES
Vice-Chairman Winkler called for additions or corrections to the April 17, 2007, regular meeting and closed session minutes.
Commissioner Moretz stated that Miscellaneous Administrative Matters Item B. Discussion of AppalCART Building should read as follows with the word “whether” added: “… the decision whether or not …”
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the April 17, 2007, regular meeting minutes as amended.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the April 17, 2007, closed session minutes as presented.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
APPROVAL OF AGENDA
Vice-Chairman Winkler called for additions and/or corrections to the May 8, 2007, agenda.
County Manager Nelson requested to add a Parks and Recreation AppalCART Contract Renewal Request and a Request to Waive the Approval Process for Asbestos Abatement of the High School Site Houses.
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the May 22, 2007, agenda as amended.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
PROPOSED RESOLUTION FOR SUPPORT OF THE 2007 LITTER REDUCTION ACT
Ms. Nancy Reigel with MountainKeepers presented a proposed resolution in support of Senate Bill 215. The bill entitled the “2007 Litter Reduction Act,” if passed, was to enact a 10¢ per container (bottle tax) on all drink containers to assist with the prevention of litter and also to promote recycling.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to adopt the resolution as presented and direct staff to send copies to Senator Goss and Representative Tarleton.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
PROJECT ON AGING MATTERS
A. Request for Allocation of FY 2008 Home and Community Care Block Grant Funds – Ms. Angie Boitnotte, Director of the Project on Aging, presented the funding request for the FY 2008 Home and Community Care Block Grant funds. The total amount Watauga County was to receive was $232,631 which required $25,330 in local match. The local match was to be incorporated into the Agency’s operating budget.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the Home and Community Care Block Grant funding request as presented by Ms. Boitnotte.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
B. AppalCART Contract Renewal – Ms. Boitnotte presented the proposed AppalCART contract for Project on Aging transportation services for the over 60 population for FY 2008. The new contract had an hourly rate that was .64¢ higher than the current year’s rate and a mileage charge of .66¢ which was .01¢ higher. Mr. Chris Turner, AppalCART Director, stated that the rate increase was in part to allow for pay increases for employees and to compensate for the increase cost in gas prices.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the AppalCART contract for Project on Aging transportation services as presented.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
PARKS AND RECREATION APPALCART CONTRACT RENEWAL REQUEST
County Manager Nelson presented the proposed AppalCART contract for Parks and Recreation transportation services for FY 2008. The new contract had an hourly rate that was .65¢ higher than the current year’s rate and a mileage charge of .71¢ which was .01¢ higher.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the AppalCART contract for Parks and Recreation transportation services as presented.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
FINANCE MATTERS
A. Budget Amendments – Ms. Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
145480-438800 CIP-Energy Assistance $44,561
143531-323000 Admn. Cost Reimb. $44,561
The amendment recognized additional funds appropriated by the state for the Crisis Intervention and Prevention Program.
Account # Description Debit Credit
283101-312601 Taxes Ad Valorem-06-07 $25,325
284340-469901 Pay. To Fire Dist. - Foscoe $25,325
283101-312604 Taxes Ad Valorem-06-07 $8,162
284340-469904 Pay. To Fire Dist. – Beaver Dam $8,162
283101-312605 Taxes Ad Valorem-06-07 $5,330
284340-469905 Pay. To Fire Dist. – St. Simmons $5,330
283101-312606 Taxes Ad Valorem-06-07 $8,405
284340-469906 Pay. To Fire Dist. – Zionville $8,405
283101-312607 Taxes Ad Valorem-06-07 $15,640
284340-469907 Pay. To Fire Dist. – Cove Creek $15,640
283101-312608 Taxes Ad Valorem-06-07 $7,325
284340-469908 Pay. To Fire Dist. - Shawneehaw $7,325
283101-312609 Taxes Ad Valorem-06-07 $8,000
284340-469909 Pay. To Fire Dist. – M. Camp $8,000
283101-312610 Taxes Ad Valorem-06-07 $7,272
284340-469910 Pay. To Fire Dist. – Deep Gap $7,272
283101-312611 Taxes Ad Valorem-06-07 $2,700
284340-469911 Pay. To Fire Dist. - Todd $2,700
283101-312612 Taxes Ad Valorem-06-07 $3,065
284340-469912 Pay. To Fire Dist. – Blowing Rock $3,065
283101-312619 Taxes Ad Valorem-06-07 $100
284340-469919 Pay. To Meat Camp/Creston $100
283101-312004 Taxes Ad Valorem-06-07 $12,270
284340-469905 Pay. To Fire Dist. - Boone $12,270
The amendment recognized additional fire tax district revenues and payments to volunteer fire departments.
Account # Description Debit Credit
213199-319901 Fund Balance-Approp.-New $13,312
219800-498010 Transfer to the General Fund $13,312
103980-398121 Transfer from the Cap. Reserve Fund $13,312
104261-458002 Capital Outlay-Bldg. & improve. $13,312
The amendment recognized the transfer of funds from the Capital Reserve Fund to the General Fund for the sound system for Courtroom #1. This was approved at the March 5, 2007, Board meeting.
Account # Description Debit Credit
103300-352100 CJPP-Grant Revenue $6,701
105210-469820 Crim. Just. Part. Program $6,701
The amendment recognized the award of reallocated state funds to the Criminal Justice Partnership Program.
Account # Description Debit Credit
135912-459012 WHS-Planning, Engineering, Etc. $4,728
133593-359012 PSCBF-WHS Planning $4,728
The amendment recognized Public School Capital Funds approved in a prior fiscal year for planning and engineering at the current high school.
Account # Description Debit Credit
154960-449901 Misc. Expense-Engineering Services $46,000
154960-449900 Misc. Expense-Material & Install. $117,500
154960-449902 Misc. Expense-Kiosk $3,000
153300-349600 NC Div. of Water Resources $166,500
The amendment recognized the grant award from the NC Division of Water Resources to be repair the bank of the South Fork of the New River at the County’s Brookshire Road Park.
Account # Description Debit Credit
113300-343500 NC Department of Commerce-CDBG $100,000
113300-343501 ARC/AEC Incubator $190,632
114350-469103 Professional Services-Arch. $23,250
114350-451000 Capital Outlay-Furn. & Equip. $59,042
114350-458000 Capital Outlay-Bldg. Improve. $208,340
The amendment recognized the award of two grants to renovate, furnish and equip the Appalachian Enterprise Center for use as a small business assistance center and incubator.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the budget amendments as presented by Ms. Isaacs.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
B. Juvenile Crime Prevention Council (JCPC) Funding Request – Ms. Isaacs presented the Juvenile Crime Prevention Council funding plan for FY 2008. $117,981 was available and required $34,590 in local county match. The match was incorporated in the County’s regular budgetary allocation to the various agencies that were to receive these funds. Ms. Isaacs also reviewed the proposed certification plan and membership list for FY 2008.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the FY 2008 JCPC Funding Plan, Certification Plan, and Membership List.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of April 2007.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for April 2007 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the Refunds and Releases Report for April 2007 as presented.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
PLANNING AND INSPECTIONS PROPOSED RESOLUTIONS
A. Discussion of House Bill 1134 – Cleanup of Abandoned Manufactured Homes – Mr. Joe Furman presented House Bill 1134 entitled “Clean Up of Abandoned Manufactured Homes” for discussion.
After discussion, Commissioner Kinsey, seconded by Commissioner Moretz, moved to direct staff to draft a letter of general support but stating that more local funding support was needed to be included in the bill.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
B. Proposed Resolution of Support for the Clean Water Act of 2007 – Mr. Furman reviewed a proposed resolution in support of the Clean Water Act of 2007. This act, if adopted, was to provide for a $500,000,000 bond issue to be expended over the next five years for the purposes of water/sewer and storm water utilities funding and construction.
Commissioner Moretz, seconded by Commissioner Cooper, moved to adopt the resolution as presented.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
“TOT LOT” COMMITTEE RECOMMENDATION FOR EQUIPMENT PURCHASES
Mr. Geouque presented the following proposals for the replacement of the playground equipment on the “tot lot” located on Complex Drive as well as the “Tot Lot” located adjacent to the old Cove Creek High School:
Bidder Complex Site Cove Creek Site
Playworld Corporation $105,188 no bid
PEGS Recreation & Architectural Products, Inc. $96,744.65 no bid
Safe Play Corporation $100,000 $50,000
Mr. Geouque stated that, after review, staff recommended awarding the contract to Safe Play in the amount of $100,000 for the complex site and $50,000 for the Cove Creek site. Mr. Poulos, Parks and Recreation Director, and Mr. Marsh, Maintenance Director, were in agreement with the staff recommendation. Mr. Geouque stated that this proposal was to allow for both sites to be available for use by this summer and the tan and green color scheme would not be obtrusive to neighbors and would be uniform within the County.
Ms. Marty Wilson and parent representatives, who have led a grassroots effort to update the “Tot Lot” at the Complex, stated that the children preferred the Playworld equipment over Safe Play due to color and activities available. Ms. Wilson had a proposal from Playworld in the amount of $112,000.
Commissioner Moretz moved to accept Ms. Wilson’s proposal for the equipment to be purchased from Playworld. With no second, the motion was dropped.
After further discussion, Commissioner Moretz, seconded by Commissioner Cooper, moved to accept the bid from Playworld in the amount of $105,188 for the Complex “Tot Lot” equipment only with the understanding that Ms. Wilson’s group may raise the additional funds needed to meet her request for the $112,000 worth of equipment and to re-bid for the “Tot Lot” equipment for the Cove Creek site. This bid was accepted due to consumer (children’s) preference.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
By consensus, the Board deferred the color selection for the “Tot Lot” equipment to Mr. Stephen Poulos, Parks and Recreation Director, who was to confer with Ms. Wilson.
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Request to Waive Approval Process for Asbestos Abatement of High School Site Houses – County Manager Nelson stated that it was local practice for Board approval for projects costing over $15,000. The County Manager stated that several homes on the high school site that were to be removed required asbestos abatement and requested that the Board waive their approval process and authorize the County Manager to sign a contract for up to $50,000 for this project.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to waive the approval process for asbestos abatement on the homes located on the high school property and authorize the County Manager to contract funds not to exceed $50,000 for this project.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
B. Courthouse Addition Change Order Request # 13 – County Manager Nelson presented Change Order # 13 for the Courthouse Addition project that covered the replacement of the courtroom doors and the enlargement of the court reporter area as requested by staff. The total amount was $8,842.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve Change Order # 13 for the Courthouse Addition project in the amount of $8,842.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
C. Requested Change to the “Edmisten House” Plat – County Manager Nelson stated that the Board had previously approved a plat including .446 acres for the “Edmisten house” that was to be sold as surplus in the fall. After review from the engineers working on the high school project, some changes to the boundary lines were necessitated in order to allow the appropriate work area for the high school project. County Manager Nelson requested approval to adopt the new plat to be declared as surplus with the included acreage to be in the amount of .440 acres.
Commissioner Cooper, seconded by Commissioner Moretz, moved to adopt the plat for the “Edmisten House” including the .440 acre lot size and declare the property as surplus.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
D. Proposed Resolutions Authorizing the Upset Bid Process for Surplus House/s – County Manager Nelson stated that a bid was received for the “Shore House” located on Daniel Boone Drive Extension from David Stapleton in the amount of $1,000. The County Manager presented a proposed Resolution Authorizing the Upset Bid Process.
Commissioner Moretz, seconded by Commissioner Cooper, moved to adopt the Resolution Authorizing the Upset Bid Process for the “Shore House.”
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
County Manager Nelson stated that a bid was received for the “Brookshire Road House” located on Brookshire Road from Frank Bolick in the amount of $156.
By consensus, due to the high cost of advertising throughout the upset bid process the Board rejected Mr. Bolick’s offer of $156 for the “Brookshire Road House” and directed staff to re-advertise.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to reject the bid for the “Brookshire Road House” in the amount of $156 and to re-advertise.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
County Manager Nelson stated that Habitat for Humanity was interested in salvaging any usable material from the remaining homes.
Commissioner Cooper, seconded by Commissioner Moretz, moved to authorize the County Manager to sign an agreement allowing Habitat for Humanity to salvage usable materials and items from the high school site homes, excluding those in the bid process, after the asbestos abatement was complete.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
E. Discussion on Resolution Requesting DOT Discretionary Funds – County Manager Nelson stated that Representative Tarleton notified the County that approximately $250,000 in discretionary DOT funds may be available to Watauga County in FY 2008. Representative Tarleton recommended a resolution from the Board in directing how these funds would be spent and stating an official request. The funds could be used for road construction for the high school project.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to adopt a resolution, to be prepared by staff, requesting $250,000 in discretionary Department of Transportation funds for road construction for the new high school project.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
F. Requests for Out-of-State Travel – County Manager Nelson stated that Joe Furman, Planning and Inspections Director, requested that Building Inspector Ronnie Greene be allowed to travel to Rochester, New York, May 21-26, 2007, for the purpose of attending the International Code Council’s final action hearings. The NC Building Inspectors’ Association has made arrangements to cover the cost of transportation, lodging, and meals for Ronnie Greene to be a voting delegate. The NC Association was opposed to the requirement that was being considered which would mandate the installation of fire sprinkler systems in all new single family homes.
By consensus, the Board opposed the requirement to mandate the installation of fire sprinkler systems in all new single family homes.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to approve the out-of-state travel for Mr. Greene to travel to Rochester, New York, May 21-26, 2007, for the purpose of attending the International Code Council’s final action hearings and acting as a voting delegate to oppose the requirement to mandate the installation of fire sprinkler systems in all new single family homes.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
County Manager Nelson stated that a detective from the Sheriff’s Department had been selected to attend the Federal Drug Enforcement Agency’s State and Local Clandestine Laboratory Certification Training, May 14-18, 2007, in Quantico, Virginia.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the out-of-state travel request for a detective from the Sheriff’s Department to attend the Federal Drug Enforcement Agency’s State and Local Clandestine Laboratory Certification Training, May 14-18, 2007, in Quantico, Virginia.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
G. Boards and Commissions – County Manager Nelson stated that, based on direction at the Pre-Budget Retreat, the Economic Development Council made a recommendation to expand their membership from nine to thirteen. They recommended that the directors from the Boone and Blowing Rock Chambers of Commerce and the Director of the Appalachian Regional Development Institute become automatic members. The fourth new member would be appointed at-large by the Board of Commissioners. Also, Scott Pruitt submitted his resignation for his term ending June 2008. As this was the first reading, 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.
H. Announcements – County Manager Nelson announced that the Board of Commissioners was to hold budget work sessions on Wednesday, May 9, 2007, from 4:00 P.M. to 10:00 P.M. and Thursday, May 10, 2007, from 4:00 P.M. to 7:00 P.M. in the Commissioners’ Conference Room, Watauga County Administration Building.
County Manager Nelson announced that a joint meeting was scheduled for Wednesday, May 16, 2007, at 6:00 P.M. with the Caldwell Community College and Technical Institute’s Board of Trustees and the Watauga County School Board.
County Manager Nelson announced that the second meeting in May for the Board of Commissioners was rescheduled to Tuesday, May 22, 2007, at 6:00 P.M. in the Commissioners’ Board Room, Watauga County Administration Building.
County Manager Nelson announced that the public hearing on the Proposed FY 2008 Budget was scheduled for 6:00 P.M. on Tuesday, May 22, 2007, in the Commissioners’ Board Room, Watauga County Administration Building.
County Manager Nelson announced that the Watauga County Summit on Youth was holding “Keeping Kids Out of the River” to explore options for Building a Strategic Community for Youth on Wednesday, May 23, 2007, from 7:30 A.M. to 9:00 A.M. at the Agricultural Conference Center.
County Manager Nelson announced that an Intergovernmental Retreat hosted by the Town of Boone was scheduled on May 24, 2007, at Chetola beginning at 4:00 P.M.
County Manager Nelson announced that the NC Association of County Commissioners announced that the NC Legislature was proposing a one-time appropriation for Medicaid relief and that the Association felt that the one-time $60,000,000 appropriation was unacceptable to its member counties. The Association requested continued contact and lobbying of legislators.
PUBLIC COMMENT
There was no public comment.
COMMISSIONER COMMENT
Commissioner Cooper commended Ms. Roberta Yates for her work with the Foster Care system and stated that the State had awarded her “Service Provider of the Year.”
Commissioners Moretz and Kinsey gave brief reports on the North Carolina Association of County Commissioners District Meeting that they had attended.
CLOSED SESSION
At 7:23 P.M., Commissioner Moretz, seconded by Commissioner Cooper, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Land Acquisition, per G. S. 143-318.11(a)(5)(i).
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
Commissioner Cooper, seconded by Commissioner Moretz, moved to resume the open meeting at 9:13 P.M.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
Commissioner Kinsey distributed his recommendations for fire subsidy for Commissioner review prior to upcoming budget work sessions.
ADJOURN
Commissioner Kinsey, seconded by Commissioner Cooper, moved to adjourn the meeting at 9:24 P.M.
William R. Winkler, III, Vice-Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board
MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
SPECIAL MEETING, TUESDAY, MAY 8, 2007
The Watauga County Board of Commissioners held a special meeting on Tuesday, May 8, 2007, in the Commissioners’ Board Room at the Watauga County Administration Building in Boone, NC. Those present were: Vice-Chairman Winkler, Commissioner Cooper, Commissioner Kinsey, Commissioner Moretz, County Manager Nelson, Assistant County Manager Geouque, Clerk to the Board Fogle, and County Attorney Capua. Members of the School Board present were Mr. Lowell Younce, Mr. Steve Combs, Ms. Deborah Miller, Dr. Lee Warren, and Mr. Ron Henries. Dr. Bobbie Short, Watauga County Schools Superintendent; Mr. Mark Hurst, Associate Superintendent; and Mr. Paul Miller, School Board Attorney were also in attendance.
[Clerk’s Note: Chairman Deal was unable to attend the meeting due to a family medical emergency.]
The joint meeting was called to order at 4:00 P.M.
Ms. Jennifer Sisak, with SfL+a Architects, gave a report on progress to date on the new high school project. Ms. Sisak reviewed a general site plan and a schematic drawing of the building for the school project. Ms. Sisak also reviewed plans for the roads and parking lots associated with the project. School Board Chairman Younce, representing the education sub-committee, stated that the sub-committee recommended the general site plan and schematic drawings as presented by Ms. Sisak.
After discussion, Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the site plan for the high school project as presented by Ms. Sisak.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the preliminary schematic building design as presented by Ms. Sisak.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
Vice-Chairman Winkler recessed the meeting until the Board’s regular meeting was to begin at 5:00 P.M.
William R. Winkler, III, Vice-Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board