MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, DECEMBER 3, 2007
The Watauga County Board of Commissioners held a regular meeting on Monday, December 3, 2007, at 9:00 A.M. in the Commissioners’ 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 J. Fogle, Clerk to the Board
Chairman Deal called the meeting to order at 9:02 A.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 November 20, 2007, regular meeting and closed session minutes.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the November 20, 2007, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to approve the November 20, 2007, closed session minutes as presented.
VOTE: Aye-5
Nay-0
BOARD ORGANIZATIONAL MATTERS
The meeting was turned over to County Manager Nelson for the election of the Chairman of the Watauga County Board of Commissioners.
A. Election of Officers. County Manager Nelson called for nominations for Chairman of the Watauga County Board of Commissioners.
Commissioner Moretz nominated Commissioner Deal for Chairman. There being no other nominations, a vote was taken.
VOTE: Aye-5
Nay-0
The meeting was then turned over to Chairman Deal.
Chairman Deal called for nominations for Vice-Chairman of the Watauga County Board of Commissioners. Commissioner Kinsey nominated Commissioner Winkler for Vice-Chairman. There being no other nominations, a vote was taken.
VOTE: Aye-5
Nay-0
B. Staff Appointments. Commissioner Cooper, seconded by Commissioner Kinsey, moved to re-appoint Robert E. Nelson, Jr. as Watauga County Manager.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to re-appoint Anita J. Fogle as Clerk to the Board.
VOTE: Aye-5
Nay-0
Commissioner Kinsey, seconded by Commissioner Cooper, moved to appoint Angie Ritter and Monica Harrison as Substitute Clerks to the Board.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to appoint the Law Firm of di Santi Watson Capua & Wilson as legal counsel for Watauga County including the Watauga County Department of Social Services with Anthony di Santi as the lead Attorney.
VOTE: Aye-5
Nay-0
C. Commissioner Boards & Commissions Appointments. The following Commissioner Board appointments were made by Chairman Deal:
Appalachian District Health Department Kinsey
AppalCART Authority Winkler
Blue Ridge Resource Conservation & Development Area Cooper
Caldwell Community College &Technical Institute Moretz
Watauga Advisory Board
Children’s Council/Child Protection Team Moretz
Committee of 100 Cooper
Community Based Affordable Housing Steering Committee Cooper
Community Council (2 appointees) Cooper
Deal
Criminal Justice Partnership Moretz
Economic Development Commission Cooper
Educational Planning Committee (2 appointees) Deal
Moretz
EMS Advisory Committee Kinsey
Future Forward Cooper
High Country Council of Governments-Exec. Bd. Winkler
Northwest Advisory Council of Advantage West
Rural Transportation Advisory Committee
Juvenile Crime Prevention Council Moretz
Library Board Winkler
Motor Vehicle Valuation Review Committee Winkler
Smokey Mountain Center LME (Mental Health) Moretz
New River Service Authority Board Winkler
POA Advisory Committee Moretz
(Home & Community Care Block Grant)
Volunteer Resource Center Moretz
Watauga County Cooperative Extension’s Advisory Leadership Board Kinsey
Watauga County Energy Park Working Group Kinsey
Watauga County Fire Commission Kinsey
Watauga County Medical Center Board of Trustees Deal
Watauga County Personnel Advisory Committee Deal
Watauga County Recreation Commission Deal
Watauga County Department of Social Services Board (2) Moretz
Dr. Bobbie Short
Watauga Opportunities, Inc. Cooper
Western North Carolina Local Government Caucus Deal
Workforce Development Consortium Chairman
D. Fidelity Bonds. The following individual fidelity bonds were presented for approval:
Position Bond Amount Statutory Requirement
Finance Director $50,000 At least $10,000, no more
than $250,000 G.S. 159-29
Deputy Finance Director $50,000 Same as above
(County Manager)
Tax Collector $50,000 Amount considered reasonable
by BCC G.S. 105-349-c
Register of Deeds $50,000 At least $10,000 but no more
than $50,000 G.S. 161-4
Sheriff $25,000 $25,000 maximum G.S. 162-8
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the individual fidelity bonds as presented.
VOTE: Aye-5
Nay-0
E. Meeting Schedule. By consensus, the Board agreed to keep the meeting schedule as follows: the first Monday of each month at 9:00 A.M. and the third Tuesday of each month at 6:00 P.M.
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the December 3, 2007, agenda.
Chairman Deal requested an addition under Miscellaneous Administrative Matters for a Watauga Medical Center Request.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the December 3, 2007, agenda as amended.
VOTE: Aye-5
Nay-0
CALDWELL COMMUNITY COLLEGE AND TECHNICAL INSTITUTE ADDITIONAL FUNDING REQUEST FOR THE VOCATIONAL BUILDING
Dr. Ken Boham reviewed the low bid received for the Caldwell Community College Vocational Building planned to be constructed this spring. The bid came in at $690,978 over the budgeted amount. Dr. Boham stated that he had talked to the architect regarding the budgeted amount for rock removal and value engineering items. The architect recommended awarding the project for the removal of the rock as unclassified in that a substantial amount of rock was evident at the project site. Also, the value engineering items were not recommended as acceptable due to maintaining the integrity and needs of the project.
Dr. Boham stated that one option was to delete approximately 3,000 square feet of the project; however, that area was intended to be used for the vocational classes both for Caldwell and Watauga High School students. The existing plan was to use the space in lieu of constructing additional vocational space at the new Watauga High School building. Dr. Boham stated that the College currently had $324,973 designated in the County’s Capital Reserve Fund and was scheduled to receive funding over the next several years through the County’s Capital Improvement Plan. Dr. Boham requested that the Board fund the $690,978 with the $324,973 with the remainder to be funded from the County’s General Fund Balance. This allocation would then be replaced over the next two to three years with amounts that would have normally been allocated as planned to the Capital Improvement Plan and earmarked for future Community College construction.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the funding request as presented with $324,973 already designated for Caldwell Community College to be allocated from the County’s Capital Reserve Fund and the remaining balance to be taken from the County’s General Fund Balance and later replaced with amounts that would have normally been allocated in future years to the Capital Improvement Plan as earmarked for future Community College construction.
VOTE: Aye-5
Nay-0
TOURISM DEVELOPMENT AUTHORITY UPDATE
Mr. Rob Holton, representing the Watauga County Tourism Development Authority, presented a report of activity to date. Mr. Holton reported that the Authority had employed Jared Everett as Executive Director and had two part-time ASU interns. The Authority was in the process of having a web site developed and having an ad published in US Airways to promote tourism in the County. Promotion of greenways and bike trails was also in progress.
This report was for information only and therefore no action was required.
EDC GREEN BUSINESS PLAN REPORT
Mr. Rob Holton, representing the Watauga County Economic Development Commission, presented a report of activity to date. Mr. Holton stated that completion of renovations to the Appalachian Enterprise Center was expected in January 2008 and the Committee of 100 planned to operate the business incubator. Mr. David Ponder, an ASU Graduate Student, reported on a program to establish a green business plan for use in the County. Mr. Ponder stated that the program was being developed to educate, certify, and recognize “green” businesses within the County. Their goal was to have the certification process in operation in January 2008.
This report was for information only and therefore no action was required.
RECYCLING PROGRAM UPDATE
Ms. Lisa Doty, Watauga County Recycling Coordinator, presented a report on recycling activities as well as reviewed plans for increasing recycling in the future. Ms. Doty stated that she was working with the schools, various agencies, volunteers, and the media to promote recycling and was also researching the logistics of expanding the County’s recycling program.
County Manager Nelson stated that he and Ms. Doty planned to include recycling on the Annual Pre-Budget Retreat agenda to allow time to discuss needed budgetary items and the possible construction of a holding facility for hazardous waste materials.
This report was for information only and therefore no action was required.
BUDGET AMENDMENTS
Ms. Doris Isaacs, Finance Director, presented the following budget amendments for Board approval:
Account # Description Debit Credit
104311-451000 Capital Outlay-Equip. $4,804
103980-398121 Transfer from Capital Reserve $4,804
219800-498010 Transfer to the Gen. Fund $4,804
219930-461100 Communications Setaside $4,804
The amendment recognized the transfer of funds from the Capital Reserve Fund to the General Fund for the balance of the funds needed to fund the communications tower relocation from Tater Hill to Buckeye Mtn. as approved at the October 23, 2007, Board meeting.
Account # Description Debit Credit
309100-472002 Debt Service-Interest-WHS $3,250,000
309800-398043 Transfer to Cap. Project-WHS $3,250,000
433980-398130 Transfer from Debt Service Fund $3,250,000
104199-499100 General Admin - Contingency $250,000
109800-498043 Transfer to Cap. Project-WHS $250,000
433980-398010 Transfer from Gen. Fund $250,000
219800-498043 Transfer to Cap. Project-WHS $2,744,700
219930-459121 Watauga Co. School Facilities $2,744,700
433980-398121 Transfer to Cap. Projects-WHS $2,744,700
435911-458000 Capital Outlay-Bldg. & Improve. $6,244,700
219800-498043 Transfer to Cap. Projects-WHS $3,132,029
213991-399101 Fund Balance Approp.-New $3,132,029
433980-398121 Transfer from Capital Reserve $3,132,029
435911-469199 Professional Services-Other $2,490,924
435911-458000 Capital Outlay-Bldg. & Improve. $641,105
The amendment transferred funds from the Debt Service Fund, the General Fund and the Capital Reserve Fund to fund expenditures in the WHS Capital Project Fund. A portion of the funds transferred from the Capital Reserve Fund ($3,132,029) was a loan from the Capital Reserve Fund to the Capital Projects Fund which was to be repaid when the financing was completed for the new high school. The balance of the funds transferred to the WHS Capital Project Fund via this budget amendment was to be reimbursed from the proceeds of the financing for the new high school also.
Account # Description Debit Credit
104285-469199 Professional Services-Other $15,667
103980-398121 Transfer from Capital Reserve $15,667
219800-498010 Transfer to the General Fund $15,667
219930-461201 Future Park Development $15,667
The amendment transferred funds from the Capital Reserve Fund to the General Fund to fund the relocation of telephone poles and lines at the Brookshire Road project as approved at the November 5, 2007, Board meeting.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of November 2007.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for November 2007 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to approve the Refunds and Releases Report for November 2007, as presented.
VOTE: Aye-5
Nay-0
DISCUSSION OF POPLAR GROVE ROAD/NC HWY 105 INTERSECTION
County Manager Nelson stated that, per Commissioner request, time had been scheduled for discussion of the Poplar Grove Road/NC 105 Intersection. Concerns were shared regarding the need for a traffic light at the intersection and a reduced speed limit on Hwy 105.
After discussion and by consensus, the Board directed the County Manager to draft a resolution communicating the County’s concerns and recommendations to the NC Department of Transportation regarding this intersection.
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Watauga Medical Center Request – Chairman Deal stated that Watauga Medical Center had requested that the Covenants for their 1991 bonds be made the same as the Covenants for their 2005 bonds. Since the County owned part of the land where the Medical Center was located approval was needed from the Board of Commissioners for the requested change to the Covenants.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt Amendment No. 2 to Schedule I of the Reimbursement Agreement as presented.
VOTE: Aye-5
Nay-0
B. EMS Advisory Board Request – The Manager reviewed a request from the Stewart Simmons Volunteer Fire Department as forwarded through the Watauga County Emergency Medical Services Advisory Board. The Department requested permission to explore the possibility of providing additional services to the eastern portion of Watauga County (which included the new, soon-to-be-constructed Laurelmor Project) under a cooperative agreement with Wilkes County.
By consensus, the Board agreed to authorize a committee consisting of the Chairman of the EMS Advisory Board, the County Manager, and the owner of Watauga Medics to begin discussions with Wilkes County to determine how both counties might benefit from a cooperative arrangement.
C. January Meeting Schedule – County Manager Nelson stated that the second meeting in January was scheduled for the 15th which was only eight days after the first meeting. Staff recommended rescheduling the second meeting in January to the 22nd.
After discussion, and by consensus, the Board agreed to hold only one meeting in January 2008. This meeting was scheduled for Monday, January 14, 2008, at 6:00 P.M.
D. Boards and Commissions – County Manager Nelson stated that a four-year at-large term on the County Planning Board was to expire in December 2007.
County Manager Nelson stated that there was a vacancy on the New River Service Authority Board for which Mr. Mark Hurst has been recommended.
By consensus, the Board agreed to table appointments to these boards until a future meeting.
County Manager Nelson stated that time had also been allocated for discussion regarding the process of appointing County representatives to fill vacant ETJ terms to the Town of Boone Boards.
After discussion and by consensus, the Board agreed to direct the County Manager to notify the Town of Boone that the Board requested two nominations for each ETJ vacancy with the right to reject the nominations and request two additional nominations.
E. Announcements – County Manager Nelson announced the School of Government’s Local Elected Leaders Academy was scheduled on various dates throughout the State in January, February, and March with the closest being in Asheville, NC.
County Manager Nelson announced that the NACo Legislative Conference 2008 was scheduled for March 1-5, 2008, in Washington, DC.
County Manager Nelson announced that the Board was invited to attend the Watauga County Sheriff’s Office Christmas dinner, Saturday, December 8, 2007, at 4:30 P.M. in the Fellowship Hall at the First Baptist Church in Boone.
County Manager Nelson announced that the Board was invited to attend the Annual Christmas Celebration at the Register of Deeds’ Office on Monday, December 10, 2007, from 11:30 A.M. to 1:30 P.M.
County Manager Nelson announced that the second regular meeting in December had been rescheduled to December 20, 2007, at 4:00 P.M. and was to include a joint meeting with the Watauga County Board of Education.
County Manager Nelson announced that the County Christmas Luncheon was scheduled for December 11, 2007, from 12:00 P.M. to 2:00 P.M. at the Dan’l Boone Inn.
County Manager Nelson announced that the first regular meeting in January 2008 was rescheduled to Monday, January 14, 2008, at 6:00 P.M. and the second regular meeting in January 2008 was cancelled.
PUBLIC COMMENT
There was no public comment.
COMMISSIONER COMMENT
Commissioner Kinsey reported that he had attended the recent tour of a windmill farm.
Vice-Chairman Winkler wished a happy 102nd birthday to his grandmother, Ms. Pearl Farthing.
CLOSED SESSION
At 10:55 A.M., Commissioner Cooper, seconded by Commissioner Moretz, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to resume the open meeting at 12:15 P.M.
VOTE: Aye-5
Nay-0
COURTHOUSE ADDITION CHANGE ORDER REQUEST
Chairman Deal presented Change Order # 15 for the Courthouse Addition project in the amount of $6,756 for a security key swipe for the elevator.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the change order as presented.
VOTE: Aye-5
Nay-0
ADJOURN
The Chairman adjourned the meeting at 12:17 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board