MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, AUGUST 21, 2007
The Watauga County Board of Commissioners held a regular meeting on Tuesday, August 21, 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 Fogle, Clerk to the Board
The meeting was called to order at 6:00 P.M.
Commissioner Cooper opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the August 6, 2007, regular meeting and closed session minutes.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the August 6, 2007, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the August 6, 2007, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the August 21, 2007, agenda.
County Manager Nelson requested to add to the agenda the following: under Miscellaneous Administrative Matters – Report on Various Projects; and after item # 6 – Register of Deeds Shelving Purchase Request.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the August 21, 2007, agenda as amended.
VOTE: Aye-5
Nay-0
LEGISLATIVE UPDATE
Senator Steve Goss updated the Board on the legislative accomplishments of the recently adjourned 2007 session and stated that there may be a special session scheduled to discuss transportation issues.
The report was issued for information only and, therefore, no action was required.
MEDIATION AND RESTORATIVE JUSTICE CENTER ADDITIONAL OFFICE SPACE REQUEST
Ms. Melissa Johnson, Director of the Mediation and Restorative Justice Center, presented a request for additional office space in the Courthouse. Ms. Johnson stated that the Center currently rented approximately 300 square feet from the County in the East Annex building; however, the space had become inadequate due to increasing case loads. The case load was expected to increase even more due to current legislation requiring mediation to help relieve the court system.
By consensus, the Board agreed to direct the County Manager and Assistant County Manager to report back with a space plan for the renovated Courthouse.
BID AWARD REQUEST FOR COURTHOUSE PARKING LOT
Mr. Bill Dixon with Appalachian Architecture reviewed bids received for the construction of the parking lot at the old Law Enforcement Center site. Mr. Dixon stated that he had met with the low bidder, Hickory Construction, Inc., and discussed value engineering opportunities which brought the bid down to $514,800.
County Manager Nelson stated that the bid of $514,800 was substantially more than the projected budget. The working budget for the project was $385,000 and was to include the demolition and architect fees. The County Manager stated that funds (exceeding the budgeted amount) needed to fully fund the contract were available from the Capital Reserve Account set aside to complete the project.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to award the bid of $514,800 to Hickory Construction as recommended by Mr. Dixon and to allocate from the Capital Reserve Account the amount to fully fund the project.
VOTE: Aye-5
Nay-0
REGISTER OF DEEDS SHELVING PURCHASE REQUEST
Register of Deeds Joanne Townsend reviewed estimates received for shelving to be installed in the Register of Deeds office. Ms. Townsend recommended purchasing the shelving from R. L. Ballard & Associates in the amount of $65,265. This was the second lowest bid; however, the low bidder’s estimate was incomplete and not a comparable product to what was needed. Ms. Townsend stated that funds were available for this purchase in the Register of Deeds’ 2007/2008 budget.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the purchase of the shelving from R. L. Ballard in the amount of $65,265 as presented by Ms. Townsend.
VOTE: Aye-5
Nay-0
PROPOSED PAY AND CLASSIFICATION PLAN REVISIONS
Assistant County Manager Geouque stated that at the last meeting, the Board tabled consideration of the recommended revisions to the Watauga County Pay and Classification Plan as presented by Mr. John Maxwell with Springstead, Inc. to determine how to resolve the “banked holiday pay” issue. Mr. Geouque reviewed the costs to “pay out” the holiday balances at the Sheriff’s Department and recommended to totally deplete the holiday balance in an amount of $35,726.
The Assistant County Manager reviewed that in adopting the new Pay Plan, it was to cost $53,077 to increase the salaries of 58 employees to the minimum amount of the new Plan. The new longevity bonus plan would cost $72,544 and the updated K-9 pay plan would cost $12,000. The holiday pay would cost $76,000 to pay those who work the holidays but would be an overall savings due to the current liability from banking holidays cost. The Assistant County Manager stated that additional funds which weren’t covered in the existing personnel budget lines were to be allocated from the administrative contingency fund.
Assistant County Manager Geouque recommended a public hearing be set for September 18, 2007, at 6:00 P.M. to allow public comment on proposed changes to the Watauga County Personnel Ordinance as a result of recommendations of Mr. John Maxwell.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve Option # 1 which was to pay out all “banked” holiday time for the Sheriff’s Department at a cost of $35,726 and to approve an allocation from the administrative contingency fund to cover the $53,077 for upgrades in the classification plan.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to make the approval of the above motion retroactive to July 1, 2007.
VOTE: Aye-5
Nay-0
Commissioner Moretz, seconded by Commissioner Cooper, moved to set a public hearing for Tuesday, September 18, 2007, to allow comment on changes to the Personnel Ordinance as recommended by Mr. Maxwell.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTION MATTERS
A. Public Hearing Request – CDBG Program Amendment – County Manager Nelson stated that, at a previous meeting, the Board approved a budget amendment to fund the renovations to the Appalachian Enterprise Center (AEC)/business incubator. In that the grant funds were from the Community Development Block Grant (CDBG), a public hearing was required to allow public comment on the proposed budget amendment. Mr. Furman requests that a public hearing be scheduled for September 18, 2007.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to set a public hearing for September 18, 2007, to allow public comment on the budget amendment to the Community Development Block Grant.
VOTE: Aye-5
Nay-0
B. CDBG Subordination Agreement – County Manager Nelson stated that a recipient of Community Development Block Grant (CDBG) assistance through the County’s 2003 Scattered Site Housing Program applied for a home equity loan that required a Subordination Agreement. The County was listed as a beneficiary on the current Deed of Trust due to the CDBG funds that the family received. It was listed as a deferred loan that was being forgiven over an eight-year period. The home equity loan required the Deed of Trust become subordinate to the loan. The County Manager requested approval for the Subordination Agreement, as drafted by County Attorney di Santi.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the Subordination Agreement as prepared by the County Attorney.
VOTE: Aye-5
Nay-0
C. Subdivision Performance Guarantee – County Manager Nelson presented a subdivision performance guarantee for Wolf Turk LLC for Cross Creek subdivision that was an irrevocable letter of credit from Johnson County Bank which was for road construction and pursuant to section 92 of the Subdivision Regulations.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the subdivision performance guarantee as presented.
VOTE: Aye-5
Nay-0
PROPOSED RESOLUTION REQUESTING IMPROVEMENTS TO THE INTERSECTION OF BROADSTONE ROAD AND HWY NC 105
County Manager Nelson presented a proposed resolution requesting improvements to the intersection of Broadstone Road and NC 105. Chairman Deal presented an amended resolution that included Senator Goss and Representative Tarleton as recipients.
Commissioner Cooper, seconded by Commissioner Moretz, moved to adopt the Resolution Requesting Improvements to the Intersection of Broadstone Road and Hwy NC 105 as amended.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Updates on Ongoing Projects – County Manager Nelson updated the Board on the following projects:
Watauga High School Project – The County Manager stated that fourteen additional graves were located at the project site bringing the total to 39. The County Manager also reported that he was working with family members for signage and markers of those re-interred.
County Manager Nelson stated that two houses on the project site were being demolished with the first to be finished by the next week. The County Manager reported that residential oil tanks with leakage were encountered during the demolition, but Mr. Keith Serimur was handling the particulars with the NC Department of Environment and Natural Resources. The soil was to be “land farmed” and the project was expected to finish on schedule.
These reports were given for information only and therefore no action was required.
Brookshire Road Project – County Manager Nelson reported that the Company performing the work was mobilized and it was expected to be a three-month project.
The County Manager stated the Mr. Frank Bolick had been given until August 30, 2007, to remove the house located on the Brookshire Road Property which he had purchased through the upset bid process. Mr. Bolick did not expect to meet that deadline but assured the County Manager that he would have the house removed by September 30, 2007.
By consensus, the Board agreed to extend the deadline for Mr. Bolick to remove the Brookshire Road house to September 4, 2007.
Anne-Marie Drive Project – County Manager Nelson reported that the Anne-Marie Drive project was currently on schedule with hydro-seeding to be done by the first week in September. The fields were to be available for use by next spring with the work having been done by the staff of the Maintenance and Sanitation Departments.
This report was given for information only and therefore no action was required.
Parkway School Project – County Manager Nelson reported that Mr. J. V. Potter had finished his part of the work on the Parkway School project last week and that it was to open tomorrow.
This report was given for information only and therefore no action was required.
A. 1. Proposed Modifications to the Watauga County EMS System Plan – County Manager Nelson reviewed proposed changes to the Watauga County EMS System Plan. The County Manger stated that all changes required both Board of Commissioner and State Office of Emergency Medical Services approval. The changes were to allow an upgrade to the services offered by the Blowing Rock Rescue Squad to a Paramedic-Level Provider. The County Manager stated that the modifications had been approved and forwarded by the Watauga County Emergency Medical Services Advisory Committee.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the proposed modifications to the Watauga County EMS System Plan as presented.
VOTE: Aye-5
Nay-0
B. Request to Reschedule DOT’s Secondary Roads Program Public Hearing – Chairman Deal stated that the DOT notified Watauga County that the public hearing proposed for the September 18, 2007, meeting was unacceptable due to a scheduling conflict. The Department of Transportation requested that the public hearing on the Secondary Roads Plan be conducted on October 16, 2007, at 6:00 P.M.
Commissioner Cooper, seconded by Commissioner Moretz, moved to reschedule the public hearing for the Department of Transportation’s Secondary Roads Program to October 16, 2007, at 6:00 P.M.
VOTE: Aye-5
Nay-0
C. Proposed Avery County EMS Mutual Aide Agreement – County Manager Nelson reviewed a memorandum of understanding for a mutual aide agreement with the Avery County EMS Department. The agreement was to establish mutual aide in times of emergency.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt the mutual aide agreement with Avery County as presented.
VOTE: Aye-5
Nay-0
D. Notice of Property Acquisition by State of North Carolina – County Manager Nelson stated that the State of North Carolina was required to notify the County when the State Property Office was acquiring property within its borders. The County Manager reviewed a description of an acquisition that was to add to the Elk Knob natural area that currently consisted of 1,296 acres. The County Manager noted that the total property acquisition for that area was planned to be 3,900 acres.
No action was required in that this report was for information only.
E. Proposed Proclamation for “Big Sweep 2007” – County Manager Nelson stated that Ms. Wendy Patoprsty with the Cooperative Extension requested that the attached proposed proclamation be adopted to declare September 8, 2007, as “Watauga County Big Sweep 2007 Day.”
Commissioner Moretz, seconded by Commissioner Cooper, moved to adopt the proclamation as presented.
VOTE: Aye-5
Nay-0
F. Boards and Commissions – County Manager Nelson stated that an appointment for a vacant three-year term as a regular member to the Boone Board of Adjustment was needed.
This appointment was tabled until a future meeting.
County Manager Nelson stated that an appointment for an un-expired term ending June 2008 to the Economic Development Commission was needed.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to appoint Mary Hall to fill the un-expired term on the Economic Development Commission ending June 2008.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that an appointment for an un-expired term ending November 2009 to the Watauga County Board of Adjustment was needed.
This appointment was tabled until a future meeting.
Commissioner Winkler recommended appointment of Fred Badders to the Plan Oversight Committee. The County Manager stated that a Commissioner member was also recommended.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to appoint Fred Badders to the Plan Oversight Committee.
VOTE: Aye-5
Nay-0
Chairman Deal appointed Commissioner Kinsey to serve as the Commissioner representative to the Plan Oversight Committee.
County Manager Nelson stated that there was one vacancy on the New River Service Authority Board.
This appointment was tabled until a future meeting.
G. Announcements – County Manager Nelson announced that the 2007 Rural Partners’ Forum was to be held October 24-25, 2007, in Raleigh.
County Manager Nelson announced that the September 3, 2007, Board meeting was cancelled due to the Labor Day Holiday.
County Manager Nelson announced that the Board had scheduled a special meeting on September 12, 2007, at 4:00 P.M. in the Commissioners’ Board Room at the Administrative Building.
PUBLIC COMMENT
There was no public comment.
COMMISSIONER COMMENT
Vice-Chairman Winkler stated that he was pleased with the resolution requesting repairs on Hwy 105 and also requested that the intersection at Bamboo Road and Wilson’s Ridge Road be reviewed for possible improvements.
[Clerk’s note: After the meeting, the Clerk informed the Board that a letter had been sent to the Department of Transportation regarding Bamboo Road.]
Commissioner Moretz stated that the High Country Press had announced that the Project on Aging had begun a route for home delivered meals in the eastern portion of the county.
CLOSED SESSION
At 7:19 P.M., Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Attorney/Client Matters – G. S. 143-318.11(a)(3); Land Acquisition – G. S. 143-318.11(a)(5)(i); and Economic Development Matters – G. S. 143-318.11(a)(4).
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to resume the open meeting at 8:33 P.M.
VOTE: Aye-5
Nay-0
OPEN SESSION DISCUSSION
Discussion was held regarding needed appointments to various Boards and Commissions.
ADJOURN
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adjourn the meeting at 8:44 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board