MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 26, 2007
The Watauga County Board of Commissioners held a regular meeting on Tuesday, June 26, 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
Anthony DiSanti, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Assistant County Manager
Rene’ Barnes, Assistant Clerk to the Board
The meeting was called to order at 6:03 P.M.
Vice-Chairman Winkler opened the regular meeting with a prayer.
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the June 26, 2007, agenda.
Chairman Deal requested to remove the Proclamation Honoring Community Service as the recipient was unable to attend the meeting.
Commissioner Cooper, seconded by Commissioner Winkler, moved to approve the June 26, 2007, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE WATAUGA COUNTY ORDINANCE TO REGULATE HAZARDOUS RECREATION PARKS
Chairman Deal declared the public hearing open at 6:05 P.M. to consider the Proposed Amendments to the Watauga County Ordinance to Regulate Hazardous Recreation Parks.
Assistant County Manager Geouque presented changes that the Commissioners had requested at the June 5, 2007, meeting.
The following citizens shared their comments regarding the Watauga County Ordinance to Regulate Hazardous Recreation Parks: Tammy Nelson, Gillian Baker, and Buzz Berry.
There being no further public comment, Chairman Deal declared the public hearing closed at 6:38 P.M.
Chairman Deal asked that any additional comments be submitted to Assistant County Manager Geouque to present at the July 17, 2007, Board of County Commissioners’ Meeting.
COMMISSIONERS’ AWARD OF EXCELLENCE
Chairman Deal presented Ms. Roberta Yates with the Commissioners’ Award of Excellence. Jim Atkinson, Director of the Watauga County Department of Social Services commended Ms. Yates on her commitment to foster care in Watauga County.
FUNDING REQUEST FOR SEWER LINE EXTENSION
Mr. Floyd Garrison, owner of Elk Motel, requested funding in the amount of $100,000 to extend a sewer line to the Elk Motel. Mr. Garrison stated that this would be 1/3 of the cost of the extension. Mr. Garrison stated that he operates the motel as affordable housing for the residents. Chairman Deal stated that the Board would discuss options in closed session and would contact Mr. Garrison if additional information is needed.
TOURISM DEVELOPMENT AUTHORITY (TDA) REPORT
Mr. Rob Holton, Chairman of the Tourism Development Authority (TDA), presented a report on the Occupancy Tax for the quarter ending May 31, 2007, and gave an update on the TDA’s progress to date.
This report was for information only and therefore no action was required.
BOARD OF ELECTION MATTERS
A. Grant Application Report – Ms. Stella Anderson, Chair of the Watauga County Board of Elections, requested approval to apply for a grant through the State in the amount of $63,000 to buy electronic poll books. No local match was required.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve an application for a grant through the State to purchase electronic poll books.
VOTE: Aye-5
Nay-0
B. Out of State Travel Request – Ms. Stella Anderson, Chair of the Watauga County Board of Elections requested authorization for out of state travel for Ms. Jane Hodges to attend the Elections Center Annual Conference in New Orleans, Louisiana, August 7-11, 2007. Ms. Anderson stated that Ms. Hodges needed to attend the training to maintain her certification.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the out of state travel request as presented by Ms. Anderson.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTIONS MATTERS
A. Subdivision Performance Guarantee – Mr. Joe Furman presented a subdivision performance guarantee for six lots at Forest at Sunalei with 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 Vice-Chairman Winkler, moved to approve the subdivision performance guarantee as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
B. Proposed Resolution Establishing Participation in the Certified Entrepreneurial Community Program – Mr. Joe Furman presented a draft resolution stating that Watauga County is committed to establishing an entrepreneurial economic development plan and establishing Watauga County as a Certified Entrepreneurial Community.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the resolution as presented.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Adoption of FY 2008 Budget Ordinance – Finance Director Doris Isaacs reviewed the Fiscal Year 2008 Budget Ordinance. Commissioner Kinsey pointed out several narrative corrections that were not substantive.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to adopt the Fiscal Year 2008 Budget Ordinance as presented.
VOTE: Aye-5
Nay-0
B. Budget Amendments – Ms. Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
145890-469811 B.Ridge Dispute Set.Ctr.-JCPC $3,000
143583-333000 JCPC-State Restricted $3,000
To recognize reallocated JCPC funds for the Blue Dispute Settlement Center.
Account # Description Debit Credit
103300-343311 Health Res.Service Admn.(HRSA) $7,472
104330-449911 Misc. Expense-HRSA $6,172
104330-451001 Cap.Outlay-HRSA $1,300
To recognize the award of the HRSA Triad Regional Grant to be used to purchase equipment and supplies for the Emergency Management Department. Application for this grant was approved at the April 17, 2007 Board of Commissioners meeting.
Account # Description Debit Credit
103991-399101 Fund Balance-Approp.-New $1,483
106120-449900 Misc. Expense-Senior Games $1,483
To recognize the carryover of 05/06 funds for Senior Games.
Account # Description Debit Credit
103200-326600 ABC/5 Cent/Bottle $5,000
105210-469852 NRBHC-5 Cent/Bottle $5,000
To recognize the additional projected revenue and the associated transfer to NRBHC.
Account # Description Debit Credit
219800-498013 Transfer to School Cap. Outlay $250,000
219930-459122 Wat. Co. Schools-CIP $250,000
133980-398200 Transfer from Cap. Reserve $250,000
135912-449901 Cap.Reserve-CIP-Parkway $250,000
To transfer CIP funds from the Capital Reserve Fund to the School Capital Outlay Fund to be expended for parking and a new entrance at Parkway Elementary School as approved at the May 22, 2007 Board of Commissioners meeting.
Account # Description Debit Credit
219800-498010 Transfer to General Fund $66,500
219930-449210 EDC Capital Reserve Fund $66,500
103980-398121 Transfer from Capital Reserve Fund $66,500
104285-457001 Capital Outlay-Land Improvements $66,500
To transfer funds from the Capital Reserve Fund to the General Fund to be expended for the Brookshire Road grading project as approved at the June 7th Board of Commissioners meeting.
Account # Description Debit Credit
219800-498030 Transfer to Capital Projects $529,002
213991-399101 Fund Balance Approp. $529,002
433980-398121 Transfer From Cap.Reserve $529,002
435911-469199 Professional Services-Other $529,002
To recognize the appropriation and transfer of Capital Reserve funds to the Watauga County-New High School Capital Project Fund for the Barnhill/Vannoy contract.
Account # Description Debit Credit
104199-457000 Capital Outlay-Land $625,000
103910-391000 Proceeds of Installment Purchase $625,000
433910-391002 Proceeds of Installment Purchase $6,936,000
435911-457000 Capital Outlay-Land $6,936,000
To reverse portion of previous budget amendment and recognize proceeds of installment purchase contract to acquire land for the new high school in the capital project fund.
Account # Description Debit Credit
663200-327501 Scrap Tire Disposal Grant $6,119
667420-469566 Contracted Services-Tire Removal $6,119
To recognize the award of a scrap tire disposal grant to cover excess cost of tire disposal.
Account # Description Debit Credit
663740-350001 Landfill User Fees $ 60,000
663740-350102 Greenbox User Fees $ 15,000
663740-350000 Landfill Tipping Fees $260,000
667420-469568 Cont. Services-Waste Management $335,000
To recognize additional tipping and user fee revenue and increased expenses for trash disposal.
Account # Description Debit Credit
103835-343800 Animal Control Fees $5,000
104380-449902 Misc. Exp-Spay Neuter $5,000
To recognize additional revenue from animal control fees.
Account # Description Debit Credit
103300-345001 Work 1st Transportation Grant $1,813
104500-469844 Work 1st-Appalcart $1,813
To recognize additional program allocations for the Work 1st transportation program.
TOWN OF BOONE REQUESTS
A. Granting Authority to Town to Issue Permits for Firework Displays – County Manager Rocky Nelson stated that the Town of Boone requested authorization from Watauga County to allow the Town of Boone to issue permits for pyrotechnics within their corporate limits.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to grant authority to the Town of Boone to issue permits for pyrotechnics inside their corporate limits.
VOTE: Aye-5
Nay-0
B. Letter Supporting Enhancement for King Street Widening Project – County Manager Rocky Nelson stated that the Town of Boone requested that the Board of Commissioners compose a letter to the North Carolina Department of Transportation in support of enhancements to the King Street Widening Project (Project U-4020). Chairman Deal directed Manager Nelson to draft a letter to NCDOT and forward copies to the Town of Boone Mayor, Town Council, Senator Goss and Representative Tarleton.
PURCHASE REQUEST - FURNITURE FOR COURTHOUSE ADDITION
Assistant County Manager Geouque discussed proposed furniture bids for the Courthouse Addition. Mr. Geouque stated that all prices are as specified in the State Contract. Staff suggested that the contract be awarded to WJ Office City in the amount of $87,635.78. This is approximately $30,000 over the original amount budgeted due to the addition of high density shelving.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the proposal and to purchase the required furniture as presented by Mr. Geouque.
VOTE: Aye-5
Nay-0
DISCUSSION OF SURPLUS HOUSES – SALE AND DEMOLITION – County Manager Nelson reported on the status of the sale and demolition of surplus houses.
Commissioner Cooper, seconded by Commissioner Moretz, moved to enter into a contract with D.H. Griffin Wrecking Company, Inc., for asbestos abatement, demolition and removal of debris for the houses located at: 464 Daniel Boone Drive Extension (Garage Only), 492 Daniel Boone Drive Extension, 514 Daniel Boone Drive Extension, 132 Hilltop Drive, 135 Hilltop Drive, and 1231 Highway 105.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that upon the conclusion of the upset bid process Mr. David Stapleton had submitted the only bid in the amount of $1,000 for the property located at 464 Daniel Boone Drive.
Commissioner Winkler, seconded by Commissioner Kinsey, upon legal council’s review, made a motion to accept a bid in the amount of $1,000 from Mr. David Stapleton with a $2500 bond to insure removal of all debris once the house is relocated. Furthermore, the relocation and cleanup must be completed by September 1, 2007, or Mr. Stapleton will forfeit his bid and bond, and in turn the County will demolish and remove the house and all materials.
VOTE: Aye-5
Nay-0
Manager Nelson stated that upon the conclusion of the upset bid process Mr. Frank Bolick had submitted the only bid in the amount of $250 for the property located at 492 Brookshire Road.
Commissioner Winkler, seconded by Commissioner Moretz, made a motion to accept Mr. Bolick’s bid in the amount of $250 for removal of the house located at 492 Brookshire Road with removal to be completed by August 1, 2007. The Board gave Manager Nelson discretion to have the house demolished if it was unable to be relocated by that date.
“GARDENS FOR HUMANITY” REPORT – Ms. Jasmine Shoshanna gave an update to the Commissioners on the “Gardens for Humanity.” Ms. Shoshanna stated that they were it is a volunteer organization which helped to grow vegetables and furnish them to low income Watauga residents. The community garden is located at the Western Watauga Community Center.
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. County Manager Nelson stated that each year AppalCART applied for funding from the North Carolina Department of Transportation for the Rural Operating Assistance Program (ROAP). A public hearing was required to allow citizen comment on the proposed use of the funds prior to the application.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to schedule a public hearing to allow for citizen comment on AppalCART’s Rural Operating Assistance Program application at the Board meeting on July 17, 2007, at 6:00 P.M.
VOTE: Aye-5
Nay-0
B. Watauga County Board of Education 2006-2007 Capital Outlay Reserve Funding Request – County Manager Nelson stated that the School Board requested to release funds in order to begin projects to be started and/or completed in fiscal year 2008 that were listed in the School Board’s ten year capital improvement plan. Manager Nelson reported the amounts were as followed: $273,000 from the ADM Fund and $208,620 from the Education Lottery Fund. Also, $215,400 is requested from the County’s Capital Reserve Account that has been earmarked for the ten-year School capital plan. These funds will be allocated with the adoption of the FY 2008 budget and available after July 1, 2007.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to approve the request to transfer an allocation of $273,000 from the ADM Fund; $208,620 from the Education Lottery Fund; and $215,400 from the County’s Capital Reserve Account.
VOTE: Aye-5
Nay-0
C. Courthouse Addition Change Order Request # 14 – County Manager Nelson presented Change Order # 14 for the Courthouse Addition project that covered a secure door for district court access as requested by staff.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve Change Order # 14 for the Courthouse Addition project in the amount of $4,478.
VOTE: Aye-5
Nay-0
D. Boards and Commissions – County Manager Nelson stated that the Region D Development Corporation bylaws required each of their seven counties to appoint four persons to serve as members of the Development Corporation each year. The current Watauga County members were Brian Crutchfield, Fowler Cooper, Brian Riggins, and Jim Furman. Representative categories were local government, private lending institution, community organization and a business organization. The County Manager stated that Mr. Joe Furman had polled the current members, all of which were willing to continue to serve if reappointed.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to reappoint Brian Crutchfield, Fowler Cooper, Brian Riggins, and Jim Furman to the Region D Development Corporation.
VOTE: Aye-5
Nay-0
County Manager Nelson gave a reading of a vacancy on the Department of Social Services Advisory Board occurring due to the expiration of Shirlee Gaines Edwards’ term on June 30, 2007. Chairman Deal recommended Dr. Bobbie Short to fill the vacancy
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to waive the second reading on the appointment, and appoint Dr. Bobbie Short to the Department of Social Services Advisory Board with a term expiring on June 30, 2008.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that Mr. Bill Miller’s appointment to the Caldwell Community College Board of Trustees expires June 30, 2007.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to reappoint Mr. Bill Miller to the Caldwell Community College Board of Trustees.
VOTE: Aye-5
Nay-0
Manager Nelson reported that biannually a Jury Commission is empanelled for a two-year term. Of the three member panel, one member is appointed by the Board of Commissioners. The term of Mr. Ted Hagaman will expire June 30, 2007. The new term for the appointment will be July 1, 2007 through June 30, 2009.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to appoint Mr. Ted Hagaman to the Jury Commission.
VOTE: Aye-5
Nay-0
Manager Nelson stated that Mr. Charlie Wallin, Vice Chair of the Watauga County Planning Board, has agreed to serve as the representative on the Plan Oversight Group.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to appoint Mr. Charlie Wallin to the Plan Oversight Group.
VOTE: Aye-5
Nay-0
Manager Nelson also reported that the terms of Economic Development Commission members Joseph Miller and Mark Harrill will expire in June 2007. Manager Nelson stated that both Miller and Harrill would like to be re-appointed and are eligible for an additional three-year term.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to waive the second reading on the appointment and appoint Mr. Joseph Miller and Mr. Mark Harrill to the Economic Development Commission with terms expiring on June 30, 2010.
VOTE: Aye-5
Nay-0
Manager Nelson stated there are two vacancies on the New River Service Authority Board. Commissioner Winkler recommended that Ingrid Kraus be appointed to this Board.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to waive the second reading on the appointment, and appoint Ms. Ingrid Kraus to the New River Service Authority Board.
VOTE: Aye-5
Nay-0
E. Announcements – County Manager Nelson announced that the Harold and Mazie Jones Levenson Program on Growth and Change in Western North Carolina will be held September 5-6, 2007 at the Broyhill Inn and Conference Center.
County Manager Nelson announced that the North Carolina Association of County Commissioners will hold its Annual Meeting, August 16-19, 2007, in Fayetteville.
County Manager Nelson announced that the first meeting in July for the Board of Commissioners was cancelled and the next Board of County Commissioners meeting would be held on held of July 17, 2007, at 6:00 P.M. in the Commissioners’ Board Room, Watauga County Administration Building.
County Manager Nelson announced that the Board of Equalization and Review was scheduled for Monday July 2, 2007, at 4:00 P.M. in the Commissioners, Conference Room.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 8:20 P.M., Commissioner Cooper, seconded by Commissioner Moretz, moved to enter Closed Session to discuss Attorney/Client Matters – G. S. 143-318.11(a)(3), Economic Development Matters – G. S. 143-318.11(a)(4), Land Acquisition – G. S. 143-318.11(5)(i), and Personnel Matters – G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to resume the open meeting at 9:52 P.M.
VOTE: Aye-5
Nay-0
Commissioner Moretz, seconded by Commissioner Cooper, moved to appoint Mr. Kelvin Byrd as Tax Administrator for a four-year term with a salary of $84,553, effective 7/1/07.
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Moretz, seconded by Commissioner Cooper, moved to adjourn the meeting at 9:53 P.M.
Jim Deal, Chairman
ATTEST:
Rene’ Barnes, Assistant Clerk to the Board