MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, JANUARY 14, 2008
The Watauga County Board of Commissioners held a regular meeting on Monday, January 14, 2008, at 6:00 P.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
[Clerk’s Note: Due to a schedule conflict, Chairman Deal arrived at the meeting at 7:05 P.M.]
Vice-Chairman Winkler called the meeting to order at 6:01 P.M., welcoming those in attendance.
Commissioner Moretz opened the meeting with a prayer.
APPROVAL OF MINUTES
Vice-Chairman Winkler called for additions or corrections to the December 20, 2007, regular meeting and closed session minutes.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the December 20, 2007, regular meeting minutes as presented.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
Commissioner Moretz requested amendments to the closed session minutes as given to the Clerk.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the December 20, 2007, closed session minutes as amended.
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 January 14, 2008, agenda.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the January 14, 2008, agenda as presented.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
NC FOREST SERVICE FIREWISE PROGRAM AND PRESENTATION TO LAURELMOR
Mr. Hunter Birckhead, District Forester, NC Forest Service, discussed the Firewise Community Program which was designed to prevent forest fires from harming homes, developments, and property.
At the conclusion of Mr. Birckhead’s report, Mr. Rudy Johnson, Watauga County Forest Ranger, presented the Laurelmor Development with a plaque honoring them with a Firewise Community designation. This was the first such designation in Watauga County.
No action was required as this report was given for information only.
FISCAL YEARS 2008, 2009, 2010 AUDIT CONTRACT PROPOSAL
Mr. Bryce Holder, CPA, presented a proposal to continue to conduct the County’s required annual audits for fiscal years 2008, 2009, and 2010. The contract price for 2007 was $45,900 and future amounts were proposed with an approximate 5% increase annually ($47,950 for 2008; $50,350 for 2009; & $52,900 for 2010).
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the contract with Mr. Bryce Holder for fiscal years 2008, 2009, and 2010 as presented.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
SHERIFF’S DEPARTMENT GRANT APPLICATION REQUEST
Captain Kelly Redmon requested authority to apply for two State grants. One was for equipment and technology and the other was for overtime in working drug cases. The equipment grant was in the amount of approximately $8,434.75 with a local match of $2,108.69. The overtime grant was in the amount of approximately $13,311 with a local match of $3,328. If approved and awarded, the local match was to be incorporated into the Sheriff’s fiscal year 2009 budget.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to authorize the Sheriff’s Department to apply for the grants as presented and approve the local match if awarded.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
HOME AND COMMUNITY CARE BLOCK GRANT BUDGET REVISION REQUEST
Ms. Angie Boitnotte, Director of the Project on Aging, reported that an additional $6,105 was available to Watauga County from the Home and Community Care Block Grant Funds in fiscal year 2008 with an additional amount of $678 in local match required which Ms. Boitnotte stated was present in the Agency’s budget.
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the Home & Community Care Block Grant budget revision as presented by Ms. Boitnotte.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
2008 PARKS AND RECREATION FEE SCHEDULE REQUEST
Mr. Stephen Poulos, Director of the Parks and Recreation Department, presented a fee schedule for the youth and adult recreation programs as offered by the County. Mr. Poulos stated that the schedule had been approved by the Recreation Commission, Effective January 1, 2008.
Commissioner Moretz, seconded by Commissioner Cooper, moved to adopt the fee schedule for Parks and Recreation as recommended by the Recreation Commission.
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 December 2007.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for December 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 December 2007, as presented.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
C. Board of Equalization and Review Meeting Request – Mr. Byrd requested to schedule a meeting of the Board of E&R to hear a valuation appeal for the Village at Meadowview of Boone LTD Partnership. Mr. Byrd advised that the Board of E&R needed to reconvene sometime during the month of January to hear the appeal.
By consensus, the Board agreed to set a Board of E&R meeting at 5:30 P.M. on January 22, 2008, in the Commissioners’ Conference Room, immediately preceding the Board of Commissioners’ joint meeting with the School Board which was scheduled for 6:00 P.M. on that date.
SURPLUS PROPERTY REQUEST
County Manger Nelson presented items recommended for surplus and requested to have them declared as such and advertised for sale with GovDeals.
Commissioners Kinsey, seconded by Commissioner Moretz, moved to declare the property as surplus and approve it for sale on GovDeals.com.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
SUBDIVISION PERFORMANCE GUARANTEE
Mr. Joe Furman presented a subdivision performance guarantee for the Forest at Sunalei subdivision which was to be an irrevocable letter of credit from First Charter Bank which was for road construction and pursuant to section 92 of the Subdivision Regulations. Mr. Furman requested the Board approve the performance guarantee contingent upon the County Attorney’s approval when the letter arrived.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the performance guarantee for the Forest at Sunalei subdivision, contingent upon the County Attorney’s review of the letter of credit from First Charter Bank.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
HOSPITALITY HOUSE PROPERTY REQUEST
Assistant County Manager Geouque stated that, at an earlier meeting, a request from the Hospitality House was presented detailing a desire to relocate their operations from downtown Boone. The request was for County assistance in obtaining land from Caldwell Community College & Technical Institute (CCC&TI). The referenced parcel was no longer needed by CCC&TI and was adjacent to the business center located at the rear of the Hannah Building off of Bamboo Road. In that the land was previously owned by the County prior to transfer to the college, CCC&TI had in turn deeded the unused lot back to Watauga County. The Assistant County Manager stated that if interested in the request, the Board may wish to consult the County Attorney in closed session regarding the best method of transfer as well as any restrictions or reversionary clauses that may be desired. The Assistant County Manager stated that, prior to any action to transfer the land to Hospitality House, the Board needed to declare the property as surplus.
By consensus, the Board tabled further discussion until after closed session.
PROPOSED RESOLUTION HONORING THE WATAUGA HIGH SCHOOL PIONEER FOOTBALL TEAM
County Manager Nelson read a resolution drafted, per Commissioner request, honoring the Watauga High School football team for their 2007 season.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to adopt the resolution as presented.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
PROPOSED RESOLUTION HONORING THE APPALACHIAN STATE UNIVERSITY MOUNTAINEER FOOTBALL TEAM
County Manager Nelson read a resolution drafted, per Commissioner request, honoring the Appalachian State University football team for their 2007 season.
Commissioner Cooper, seconded by Commissioner Moretz, moved to adopt the resolution with a grammatical correction.
VOTE: Aye-4(Winkler, Cooper, Kinsey, Moretz)
Nay-0
Absent-1(Deal)
PROPOSED RESOLUTION – DOWNTOWN POST OFFICE
County Manager Nelson presented a draft resolution regarding the sale of the historic Downtown Post Office building by the United States Postal Service.
After discussion, the Board agreed, by consensus, to table further discussion until the January 22, 2008, special meeting to allow for the County Manager to incorporate additional information into the resolution based on discussion.
[Clerk’s Note: Chairman Deal arrived at the meeting at this time]
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposed Resolution Establishing the Register of Deeds Salary – County Manager Nelson stated that per Statute, prior to the filing period for the fall elections, the Board must establish the salary for the Register of Deeds in order that filing fees be determined as listed in the draft resolution. The entry level salary on the County’s current pay plan was $46,140. The County Manager stated that since the resolution had been drafted the current salary of the Register of Deeds had changed.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the Resolution Establishing the Register of Deeds Salary as amended.
VOTE: Aye-5
Nay-0
B. Discussion of Annual Retreat Schedule – County Manager Nelson stated that time had been reserved to discuss a meeting schedule for the Annual Retreat. The following dates had been recommended in order of preference: Friday, February 29 – Saturday, March 1; Friday, March 8 – Saturday, March 9; and Friday, February 22 – Saturday, February 23. The County Manager also encouraged Board members to suggest topics for the retreat by the February 4, 2008 meeting.
The Board tabled further discussion until the January 22, 2008, special meeting.
C. Boards and Commissions – County Manager Nelson stated that the Boone Town Council had recommended Ms. Sherri Lynn Baker to fill an un-expired ETJ term on the Boone Area Planning Commission.
County Manager Nelson stated that both Ms. Gelene Atwood and Ms. Wanda Branch’s terms expired in January 2008 on the Watauga County Nursing Home Community Advisory Committee and both were willing to continue to serve if reappointed.
The above were first readings and therefore no action was taken at this time.
D. Announcements – County Manager Nelson announced that the Watauga County Planning Board invited the Board of Commissioners to join their meeting on Tuesday, January 22, 2008, at 7:00 P.M. at which a presentation was to be given on the NC Geological Survey of landslide hazard maps for Watauga County which were prepared by the directive of the General Assembly and funded by the Hurricane Recovery Act of 2005.
County Manager Nelson announced that the NCACC had scheduled Local Elected Leaders Academies (LELA) across North Carolina with the closest being in Asheville on March 5, 2008.
County Manager Nelson announced that the Boone Area Chamber of Commerce was hosting its Annual Legislative Reception on Monday, January 28, 2008, at Chetola Resort from 5:30 P.M. until 7:00 P.M.
County Manager Nelson announced that the North Carolina Department of Transportation had scheduled public meetings on their State Transportation Improvement Program in January and February. The meeting for Division 11 was scheduled for January 22, 2008, in Dobson, NC from 2:00 P.M. until 4:00 P.M.
County Manager Nelson read the NCACC Board of Directors approved federal issues for 2008, a list which was prepared for the upcoming National Association of Counties (NACo) Annual Conference.
County Manager Nelson shared a schedule for I-Have-A-Dream-Week events.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 7:17 P.M., Commissioner Cooper, seconded by Commissioner Kinsey, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3); Economic Development Matters, per G. S. 143-318.11(a)(4); Land Acquisition, per G. S. 143-318.11(a)(5)(i); and Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to resume the open meeting at 9:30 P.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION
Hospitality House Request
After discussion in closed session, Commissioner Cooper, seconded by Commissioner Kinsey, moved to declare the property transferred to the County from CCC&TI (1.9 acres adjacent to the CCC&TI Business Center off of Bamboo Road) as surplus and then transfer the property to Hospitality House with the stipulation that if usage as low-income housing were to cease the property was to revert back to the County, contingent upon the County Attorney preparing the restrictions.
VOTE: Aye-5
Nay-0
New High School Project Financing
The County Attorney discussed in closed session the process for negotiating for a bank placement loan as a method of financing for the new high school. That method was to potentially save over $1,000,000 in issuance costs (compared to the COPS financing); be more efficient in that it was to involve fewer people; and also be quicker in obtaining the loan. Also, most importantly, the rates that were currently projected compared most favorably to GO Bonds.
Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to authorize the County’s Bond Counsel, Mr. Scott Leo, to prepare, in conjunction with Finance Director Doris Isaacs, RFP for bank placement financing for the New High School Project for an amount up to $70,000,000.
VOTE: Aye-5
Nay-0
ADJOURN
The Chairman adjourned the meeting at 9:35 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board