MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, OCTOBER 23, 2007
The Watauga County Board of Commissioners held a regular meeting on Tuesday, October 23, 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 di Santi, 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 Moretz opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the October 1, 2007, regular meeting and closed session minutes and the October 9, 2007, special meeting and closed session minutes.
Commissioner Moretz stated that under “Surplus Property Request (Barns (2))” Mr. Baker should have been Mr. Baker Edmisten.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the October 1, 2007, regular meeting minutes as amended.
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the October 1, 2007, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the October 9, 2007, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the October 9, 2007, special meeting closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the October 23, 2007, agenda.
County Manager Nelson requested to add under Planning and Inspections Matters an out-of-state travel request.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the October 23, 2007, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE DEPARTMENT OF TRANSPORTATION’S SECONDARY ROADS PROGRAM
Chairman Deal declared the public hearing open at 6:05 P.M. to consider the Department of Transportation’s Secondary Roads Program.
Mr. Michael Poe, District Engineer; Mr. Kevin Whittington, County Maintenance Engineer; and Mr. Sam George, Right-of-Way Aide, were present from the North Carolina Department of Transportation. Mr. Poe explained the formula for the paving of unpaved secondary roads and improvements to unpaved roads. Watauga County was estimated to receive an allocation of $2,928,554 for Fiscal Year 2007/2008 but actually received $3,207,053.
The following citizens spoke regarding the Secondary Roads Plan: Jerry Crosby, Judy Miller, and Marlene Crosby.
There being no further public comment, Chairman Deal declared the public hearing closed at 6:33 P.M.
Mr. Poe stated that the Board could take one of the following actions:
1) concur with the secondary roads plan as presented
2) take no action
3) recommend changes (as long as they did not deal with paving or paving priorities)
No action was taken.
SHERIFF’S DEPARTMENT MATTERS
A. Requested Approval of Commissioner/Sheriff’s Department Liaison – Sheriff Hagaman requested that a Commissioner be appointed as a formal liaison to the Watauga County Sheriff’s Department to facilitate communication between the Department and the Board.
Commissioners Kinsey and Moretz volunteered to serve as liaisons to the Sheriff’s Department.
B. McLeod Center Report – Sheriff Hagaman presented a report on problems associated with the clients at a local methadone clinic and possible solutions. The report was given for information only and no action was requested.
C. Holiday Pay Discussion/Personnel Ordinance Amendment Request – Sheriff Hagaman requested that the Sheriff Department’s employees be exempted from Article VII Section 3 of the Watauga County Personnel Ordinance which was recently amended detailing how holiday pay would be administered. The policy stated that those who worked on a holiday were to get paid and those who were scheduled to be off when a holiday occurred were to receive no additional compensation.
After lengthy discussion, the Board set a public hearing for November 20, 2007, to further discuss the issue and allow public comment on amendments possibly proposed.
PROPOSED WEATHERIZATION PROCLAMATION
Mr. Emerson Howe, an ASU student, presented a proposed proclamation declaring October 30th as the first annual observance of national weatherization day in Watauga County.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the proclamation as presented by Mr. Howe.
VOTE: Aye-5
Nay-0
BRUSH GRINDING PROPOSAL
County Manager Nelson reviewed two bids that were received for grinding of wood, brush, and yard debris for the Watauga County Sanitation Department. The County Manager stated that since this was a service, no formalized bidding process was required and the County was free to negotiate with any vendor. The County Manager stated that Mr. J. V. Potter, Operations Services Director, recommended entering into a contract with Baker Grading and Landscaping in the amount of $18.00 per ton that was to result in a current total of $38,610 based on the amount of materials on hand. The amount was to be modified at the same rate per ton for any materials received before the grinding was completed. This was not the low bidder, but based on service received previously, the County Manager stated that Mr. Potter recommended Baker Grading and Landscaping.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve Baker Grading and Landscaping’s bid in the amount of $18.00 per ton for brush grinding.
VOTE: Aye-5
Nay-0
COVE CREEK GYM PROPOSAL
County Manager Nelson requested approval for the installation of a vapor barrier “clean space system” and the installation of dehumidifiers to improve the condition of the gym floor at the old Cove Creek gym. The bid received was in the amount of $16,396.50 from CleanSpace. This item was previously discussed at budget work sessions and was included in the fiscal year 2008 budget.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the bid from CleanSpace in the amount of $16,396.50 as presented.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Ms. Doris Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
143585-323000 Title XX FSA Daycare $26,750
145850-440900 Child Daycare XX $26,750
The amendment recognized additional Daycare funds awarded by the NC Department of Health and Human Resources.
Account # Description Debit Credit
104273-457001 Cap. Outlay-Land Improv. $135,816
103980-398121 Transfer from Cap. Reserve $135,816
219800-498010 Transfer to the Gen. Fund $135,816
213991-399101 Approp. Fund Bal. – New $135,816
The amendment appropriated needed funds for the parking lot construction on the old Law Enforcement Center site. The funds were to be transferred from the Capital Reserve Fund to the General Fund as approved at the August 21, 2007, Board meeting.
Account # Description Debit Credit
219800-498010 Transfer to the General Fund $300,000
219930-449210 Industrial Park Site $115,000
213991-399101 Fund Balance Approp.-New $10,000
219930-442100 Data Processing $175,000
103980-398121 Transfer from Cap. Reserve $300,000
103991-399101 Fund Balance Approp.-New $423,069
104285-457001 Cap. Outlay-Land Improvements $723,069
The amendment recognized the transfer from Capital Reserve to the General Fund for the Brookshire Road Soccer Field Change Order # 2. Appropriation of fund balance will provide the balance of the funds needed for this change order which was approved at the October 9, 2007, special meeting.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
B. Surplus Property Request for GovDeals – Ms. Isaacs presented a list of items recommended for surplus and requested to have them declared as such and approve their advertisement for sale with GovDeals.com.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to declare the items presented including the vehicles as surplus and authorize their sale on GovDeals.com.
VOTE: Aye-5
Nay-0
C. Request for Modification of Health Department Installment Purchase Interest Rate – Ms. Isaacs stated that the County currently had an installment purchase contract for financing on the Watauga County Health Department with Wachovia Bank with an interest rate of 5.2%. Ms. Isaacs stated that she had negotiated a lower rate of 3.84% with Wachovia and requested approval of an amendment to the installment purchase contract. The lower negotiated rate was to save the County approximately $32,000 over the life of the loan.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the amendment to the Health Department installment purchase interest rate as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTION MATTERS
A. Subdivision Performance Guarantee – Mr. Joe Furman presented a subdivision performance guarantee for 16 lots of Sugar Grove Properties, LLC for the subdivision Cortina Ridge which was an irrevocable letter of credit from Bank of Granite for road construction 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 Agreement for Emergency Management Use of School Board Storage Facility – Mr. Furman presented a Memorandum of Agreement between the County and the Board of Education which was to allow the County Emergency Management Department to use Board of Education storage space in the event of an emergency.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the Memorandum of Agreement as presented.
VOTE: Aye-5
Nay-0
C. Communications Tower Relocation Request – Mr. Furman stated that Mr. Steve Suddreth, Fire Marshal and Emergency Management Coordinator, had been exploring the possibility of relocating the emergency antenna and repeater from the leased Tater Hill tower site to an alternate site that would provide better coverage to the majority of western Watauga County. A site was available for lease for $3,000 annually. Mr. Furman stated that the site had been tested and would better meet the needs of western Watauga County than the current site. The new site was to allow the placement of an additional Sheriff’s Department repeater that was not allowable at the current site based on the County’s sharing the North Carolina Public Television tower. Relocation was to cost approximately $26,800. The cheaper rent at the new location was to save the County $9,000 annually. Mr. Furman stated that funds were available from savings with the CodeRed system and remaining funds needed could be allocated through the Capital Reserve Account for communications and reimbursed with 911 funds when received.
Commissioner Cooper, seconded by Commissioner Moretz, moved to authorize the relocation of the tower and the allocation of necessary funds from savings from the CodeRed system and the Capital Reserve Account designated for emergency communications, contingent upon the County Attorney preparing the new lease.
VOTE: Aye-5
Nay-0
D. Out-of-State Travel Request – Mr. Furman requested approval for out-of-state travel for Mr. Ronnie Greene, a County Code Enforcement Officer, to attend the International Code Council Region 8 which was to be in Tucker, Georgia, November 4-6, 2007. Mr. Furman stated that no expense to the County was anticipated other than Mr. Greene’s time in attending the meeting.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the out-of-state travel for Mr. Ronnie Greene to attend the International Code Council Region 8 in Tucker, Georgia.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Courthouse Addition Change Order (#15) Request – County Manager Nelson reviewed Change Order #15 for the Courthouse Addition Project. The Change Order included items that had either been required during the inspection process or recommended by staff to improve the project.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve Change Order # 15 for the Courthouse Addition Project as presented.
VOTE: Aye-5
Nay-0
B. Proposed Contract with S&ME for Construction Materials Testing – County Manager Nelson stated that, previously, the Board had selected S&ME as the construction materials testing firm for the County to employ for the new Watauga County High School Project. The County Manager presented a contract from S&ME. County Attorney di Santi stated that he had some concerns with the contract as prepared.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to authorize entering into the contract with S&ME, contingent upon the County Attorney’s recommendations.
VOTE: Aye-5
Nay-0
C. State Employees Credit Union ATM Lease Renewal Request – County Manager Nelson stated that the County had leased space for an ATM to the State Employees Credit Union for the past several years at the Human Services Complex. The current lease expired and the Credit Union asked for a new five-year lease at the same location. The County Manager stated that the site allowed access to all County and State employees as well as the public.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the lease with the State Employees Credit Union, contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
D. Development Proposal for County Impound Lot – County Manager Nelson stated that Mr. Oscar Longa, a Miami-based developer, had proposed to buy the property between the Watauga County Cooperative Extension office building (the West Annex) and Poplar Grove Connector. As a part of his project, Mr. Longa requested that the County sell, lease or enter into an agreement making available the County’s impound lot to be incorporated into the development in the form of a multi-level parking structure. Mr. Longa proposed to furnish the County the same amount of space for the impound lot in exchange for the right to use this property.
After discussion and by consensus, the Board directed the County Manager to obtain more information by arranging a meeting with Mr. Longa and Commissioners Moretz and Cooper.
E. Boards and Commissions – County Manager Nelson stated that the Watauga County Library Board had recommended that George Holloway be reappointed to a four-year term to the local Library Board.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to waive a second reading and reappoint George Holloway to a four-year term on the local Library Board.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that there was a vacancy for a four-year term as an ETJ member to the Boone Area Planning Commission.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to waive a second reading and appoint Angela Owen to a four-year term as an ETJ member to the Boone Area Planning Commission.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that an appointment was needed for a vacant three-year term as a regular member to the Boone Board of Adjustment.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to waive a second reading and appoint Jim Marsh as a regular ETJ member to the Boone Board of Adjustment for a three-year term.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that an appointment was needed for an un-expired term ending November 2009 to the Watauga County Board of Adjustment.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to waive a second reading and appoint Janet Miller to fill the un-expired term to the Watauga County Board of Adjustment.
VOTE: Aye-5
Nay-0
There is one vacancy on the New River Service Authority Board. Mr. Mark Hurst was recommended as a first reading at the last Board Meeting.
This item was tabled until a future meeting.
F. Announcements – County Manager Nelson announced that the School Board had scheduled a trip to visit the newly-completed Northern Guilford High School which had been visited previously during construction. The group planned to leave the School Board offices at 7:30 A.M. on November 7, 2007.
County Manager Nelson announced that the 2007 Rural Partners Forum, as sponsored by the North Carolina Rural Center, was taking place October 24th and 25th at the North Raleigh Hilton.
County Manager Nelson announced that the Appalachian Institute for Renewable Energy was hosting a roundtable discussion on renewable energy and a tour of ASU’s Small Wind Initiative on Beech Mountain on Saturday, October 27, 2007, from 8:30 A.M. to 3:00 P.M.
PUBLIC COMMENT
County Manager Nelson read a thank you letter from Mountain Alliance in appreciation of funding to support high-school-aged youth in Watauga County.
Peggy Lane shared concerns regarding proposed developments in the County. Chairman Deal referred Ms. Lane to Planning and Inspections Director, Joe Furman.
COMMISSIONER COMMENT
Commissioner Kinsey stated that the Oversight Group Committee was to review proposed developments as part of the overall County Plan.
Commissioner Cooper commented on a Trail Mapping Meeting held in Asheville of which Mr. Phil Trew participated from High Country Council of Governments.
CLOSED SESSION
At 8:18 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); Land Acquisition – G. S. 143-318.11(a)(5)(i); and Personnel Matters – G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Commissioner Cooper, seconded by Commissioner Kinsey, moved to resume the open meeting at 10:18 P.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION – SHERIFF’S DEPARTMENT MATTERS D & E (RECLASSIFICATION AND PAY ADJUSTMENT REQUESTS)
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to approve the following reclassifications/salary adjustments, effective November 1, 2007:
Tami Henson, reclassification from Office Clerk, grade 6, ($25,048) to Administrative Assistant I, grade 8, ($28,431).
Tim Wilson, Lieutenant, grade 14, salary increase from current to $40,229.
Kevin Aldridge, Lieutenant, grade 14, salary increase from current to $40,229.
VOTE: Aye-5
Nay-0
ADJOURN
Chairman Deal adjourned the meeting at 10:20 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board