MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, FEBRUARY 4, 2008
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, February 4, 2008, 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 9:00 A.M., welcoming those in attendance.
 
            Chairman Deal opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the January 14, 2008, regular meeting and closed session minutes; and the January 22, 2008, special meeting minutes.
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the January 14, 2008, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Moretz, seconded by Vice-Chairman Winkler, moved to approve the January 14, 2008, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the January 22, 2008, special meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the February 4, 2008, agenda.
 
            County Manager Nelson requested to add after item # 11 a Purchase Request for the Anne-Marie Drive Park Project and under Miscellaneous Administrative Matters a Discussion on the March Meeting Schedule.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the February 4, 2008, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
SMOKY MOUNTAIN CENTER LME REPORT ON MENTAL HEALTH SERVICES ISSUES
 
            As the Local Management Entity (LME) for mental health services in Watauga County, Smoky Mountain Center was required to provide periodic reports to the Watauga County Board of Commissioners. Ms. Shelly Lackey, Ms. Suzie Long, and Mr. Tom McDevitt presented an update on the transition of New River Behavioral Healthcare into Smoky Mountain LME; the provider community; the partnership with New River Healthcare System’s 160-A Organization; the Smoky Mountain Center Hospital Pilot; meeting with hospital administrators and law enforcement to address crisis needs/inpatient hospitalization at Broughton; and the Mercer review of LME’s on behalf of the Division of Mental Health.
 
            This report was for information only and therefore no action was required.
 
DOWNTOWN BOONE DEVELOPMENT ASSOCIATION’S DOWNTOWN GATEWAY PROJECT REQUEST
 
            Ms. Mary Baker, with the Downtown Boone Development Association (DBDA), stated that the Board had previously awarded the Association a long-term lease for a landscaped sculpture area on the corner of the County-owned property at Poplar Grove Connector and King Street, adjacent to the Human Services Center Complex. The County also owned a narrow strip of property on the opposite, eastern side, of Poplar Grove Connector adjacent to the property previously known as the “Austin Building.” The Downtown Boone Development Association requested a lease of approximately 60 x 80 feet in this area to construct a landscaped park-like area to hang a “Welcome to Downtown Boone” sign. The request also included an easement for the new owner of the “Austin Building” property to construct a retaining wall on the County property. The retaining wall was to benefit the restoration and renovation of the building as well as creating additional landscaping in the DBDA requested area.
 
            Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve an easement to the Downtown Boone Development Association for additional landscaping and a welcome sign and to consider an easement request from the owners of the “Austin Building” for the retaining wall at a future meeting. The easement was contingent upon the County Attorney preparing the appropriate document.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED RESOLUTION IN SUPPORT OF THE DOT INSTALLING GUARDRAILS ON BLACKBERRY ROAD
 
            Mr. Dick Hearn presented a proposed resolution in support of the DOT constructing guardrails on Blackberry Road in the Aho area.
 
            Chairman Deal stated that since the paving of the road was now complete, the second where as should read as follows “… a six-tenths mile section of this road has been unpaved, but is now paved;…”
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the resolution as amended.
 
VOTE:   Aye-5
              Nay-0
 
RECYCLING GRANT REQUEST
 
            Ms. Lisa Doty, the Watauga County Recycling Coordinator, presented a request for a grant application in the amount of approximately $21,000 which required $943.95 in local match from Watauga County. The grant was being co-sponsored by the Town of Boone and was to purchase containers to be provided to residents and businesses for use in the recycling program.
 
Commissioner Cooper, seconded by Commissioner Moretz, moved to authorize Ms. Doty to apply for the grant and approve the local match to be allocated from the Administrative Contingency Line.
 
VOTE:   Aye-5
              Nay-0
 
REQUEST TO APPOINT THE HOME AND COMMUNITY CARE BLOCK GRANT (H&CCBG) ADVISORY COMMITTEE AND LEAD AGENCY
 
Ms. Angie Boitnotte, Director of Project on Aging, stated that each year Watauga County was required to appoint a Home and Community Care Block Grant (H&CCBG) Advisory Committee and a lead agency to determine how best to utilize the H&CCBG funds for the coming Fiscal Year. Ms. Boitnotte recommended the following for appointment to the committee: Commissioner Mary Moretz, Anita Davie, Jim Atkinson, Linda Bretz, Debbie Garrett, David Loop, Kimberly Setzer, Margie Mansure, Gail Hawkinson, Suzanne Long, Becky Council, Pat Coley, Barbara Adams, Anna Meyers, Dick Oehser, Dr. Milton “Bunk” Spann, and Ellen Wright.
 
            Ms. Boitnotte also requested that the Project on Aging be appointed as the Lead Agency.
 
            Commissioner Cooper, seconded by Commissioner Moretz, moved to appoint the Project on Aging as the Lead Agency and appoint the following to the H&CCBG Advisory Committee: Commissioner Mary Moretz, Anita Davie, Jim Atkinson, Linda Bretz, Debbie Garrett, David Loop, Kimberly Setzer, Margie Mansure, Gail Hawkinson, Suzanne Long, Becky Council, Pat Coley, Barbara Adams, Anna Meyers, Dick Oehser, Dr. Milton “Bunk” Spann, and Ellen Wright..
VOTE:   Aye-5
              Nay-0
             
FINANCE MATTERS
 
            A.        Proposed Financing Resolution for the New High School ProjectMs. Doris Isaacs, Finance Director, presented a proposed resolution that was to begin the process for application to the Local Government Commission for approval of financing up to $70,000,000 for the construction of the new high school. The resolution also included a provision for refunding the land acquisition costs and reimbursement of some of the preliminary project expenses that were incurred.
 
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the resolution as prepared by Bond Counsel, Scott Leo.
 
VOTE:   Aye-5
              Nay-0
 
B.         Public Hearing Request – Ms. Isaacs stated that since the resolution was adopted, a public hearing was required prior to submission to the LGC. Staff recommended a public hearing be scheduled at 6:00 P.M. on February 19, 2008, to allow public comment on the proposed financing of an amount up to $70,000,000 for the new Watauga County High School. 
 
Commissioner Cooper, seconded by Commissioner Moretz, moved to set a public hearing to allow citizen comment on financing for the new high school project for Tuesday, February 19, 2008, at 6:00 P.M.
 
VOTE:   Aye-5
              Nay-0
 
C.        Budget Amendments – Ms. Isaacs presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
104311-452000           Capital Outlay-Equip.                                        $1,850
104330-451000           Capital Outlay-Equip.                                        $1,850
103890-398121           Transfer from Capital Reserve                                                  $3,700
219800-498010           Transfer to the General Fund                              $3,700
239930-461100           Communications Setaside                                                         $3,700
 
            The amendment recognized the transfer of funds from the Capital Reserve Fund to the General Fund for the additional costs associated with the communications tower relocation from Tater Hill to Buckeye Mtn. as approved at the October 23, 2007, Board meeting. Additional costs were incurred due to failure of the generator which required the purchase of a new generator for the site.
 
            Account #                    Description                                                           Debit             Credit
103341-348102           Register of Deeds Fees-10%                                                    $8,972
104210-452001           Capital Outlay-DP Equip.-ROD                        $8,972
 
            The amendment recognized additional Register of Deeds Fees earmarked for public record access enhancement.
 
            Account #                    Description                                                           Debit             Credit
103586-332000           H&CCBG                                                                                $6,346
105550-429200           Program Supplies                                              $6,346
 
            The amendment recognized additional Home and Community Care Block Grant funds and associated expenditures. The increase in this funding was approved by the Board at the January 14, 2008, meeting.
 
            Account #                    Description                                                           Debit             Credit
103300-352100           CJPP-NCDOC                                                                           $602
103300-352100           CJPP-Reallocated Fund                                                           $3,080
105210-469820           Criminal Justice Partnership Prog.                      $3,682
 
            The amendment recognized additional initial and reallocated grant funds from the NC Department of Corrections for the Criminal Justice Partnership Program.
 
            Account #                    Description                                                           Debit             Credit
145850-440901           Smart Start - Daycare                                                             $20,000
143585-323002           NCDHHS-Smart Start                                    $20,000
 
            The amendment recognized a decrease in the Smart Start funding allocations from the NC Department of Health and Human Resources Division of Child Development.
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, 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 January 2008.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for January 2008 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the Refunds and Releases Report for January 2008, as presented.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING AND INSPECTIONS MATTERS
 
A.        CDBG Public Hearing Request – Mr. Joe Furman requested a public hearing be scheduled for February 19, 2008, to allow public comment on a proposed budget amendment to the CDBG Scattered Site Housing Program Project. The purpose of the amendment was to shift funds within the project budget, thereby reducing the number of houses that were being repaired or replaced due to the limited funds available.
 
            Commissioner Moretz, seconded by Commissioner Kinsey, moved to set a public hearing to allow citizen comment on a budget amendment to the CDBG Scattered Site Housing Program Project.
 
VOTE:   Aye-4(Deal, Cooper, Kinsey, Moretz)
              Nay-0
              Absent-1(Winkler)
 
                [Clerk’s Note: Vice-Chairman Winkler momentarily left the meeting during the above discussion and vote.]
 
            B.         2009-2015 Transportation Improvement Program Discussion/Comments – Mr. Joe Furman stated that Mr. Brent Graybeal attended a DOT Transportation Improvement Plan meeting for the County’s District on January 22, 2008, and shared comments on behalf of the County. Mr. Furman shared those comments and stated that additional comments could be submitted to the DOT until mid-March.
 
            The Board agreed to table further discussion until the February 19, 2008, Board meeting to allow Commissioners time to forward any additional comments to the County Manager.
 
PURCHASE REQUEST FOR ANNE-MARIE DRIVE PARK
 
            Maintenance Director Robert Marsh stated that he had received two bids in January 2008, for an updated fence design at the Anne-Marie Park. Triangle Fence Co., Inc., submitted a proposal in the amount $71,805 and American Fence and Construction submitted a proposal in the amount of $88,086. Mr. Marsh recommended awarding the bid to Triangle Fence Co., Inc., as they were the low bidder and had successfully completed other fencing projects for the County. Mr. Marsh stated that funds were included in the Fiscal Year 2008 budget to cover the cost of the project.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to award the bid to Triangle Fence Co., Inc., in the amount of $71,805 for the fence at Anne-Marie Drive Park.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.                 Appointment of EMS Medical Director – County Manager Nelson stated that Dr. Simon Watson was moving from Watauga County and was therefore resigning as Medical Director of the Watauga County Emergency Medical Services Plan. The County Manager reported that Dr. Tara Connelly was recommended by staff and Watauga Medics to be appointed as the new Medical Director, effective March 1, 2008. The County Manager stated that, if so approved, a contract was to be negotiated with Dr. Connelly and presented to the Board at a future meeting.
 
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to appoint Dr. Tara Connelly as EMS Medical Director and authorized staff to begin negotiations for a contract to begin March 1, 2008, contingent upon the County Attorney’s review.
 
VOTE:   Aye-5
              Nay-0
 
B.         2007-08 Capital Outlay Reserve Funds And Public School Building Capital Funds Reallocation Request – County Manager Nelson stated that Watauga County had previously approved the School Board’s use of NC Public Schools Building Capital Funds, along with a required local match from the County’s Capital Reserve Account, for roof replacement at the Hardin Park and Green Valley schools. Due to an insurance payment for the Hardin Park School roof project and the fact that the Green Valley School project came in under budget, sufficient funds existed in the State School Capital Building Fund to replace the roofs at Bethel and Valle Crucis schools. The request was to reallocate $36,591 in County Capital Reserve Funds to be used as local match for the Bethel school roof replacement and the $52,192 in savings from the Green Valley roof was planned to be used for the Valle Crucis roof replacement project.
 
Commissioner Cooper, seconded by Commissioner Moretz, moved to reallocate $36,591 in County Capital Reserve funds for roof repairs to Bethel and Valle Crucis schools.
 
VOTE:   Aye-5
              Nay-0
 
            C.        March Meeting Schedule Discussion – Chairman Deal stated that the Annual Retreat was currently scheduled for Monday, March 3rd and Tuesday, March 4th; however, there was a scheduling conflict with the March 4th date. 
 
            After discussion and by consensus, the Board agreed to reschedule the Annual Retreat for Monday, March 3, and Wednesday, March 5, 2008, beginning at 4:00 P.M. each day.
 
D.        Boards and Commissions – County Manager Nelson stated that the Town of Boone’s Board of Adjustment had an ETJ Alternate term that was currently vacant. The Town Council nominated both William P. Aceto and Donald Clark for this position. As this was a first reading, no action was taken.
 
            County Manager Nelson stated that Mr. Jim Bryan’s term on the Watauga County Farmland Preservation Advisory Board had expired. The Farmland Preservation Advisory Board recommended his reappointment and Mr. Bryan had agreed to continue to serve if so appointed. As this was a first reading, no action was taken at this time.
 
            County Manager Nelson stated that Cove Creek Elementary School had nominated Ms. Laura Johnson as their representative for reappointment to the Watauga County Recreation Commission; Hardin Park Elementary School nominated Mr. West Eppley as their representative for reappointment to the Watauga County Recreation Commission.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to waive the second reading and reappoint Ms. Laura Johnson and Mr. West Eppley to the Watauga County Recreation Commission.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson stated that Blowing Rock School had nominated Mr. Wendell Ellis as their representative to the Watauga County Recreation Commission. As this was a first reading, no action was required.
 
            The Boone Town Council has recommended Ms. Sheri Lynn Baker to fill an un-expired ETJ term on the Boone Area Planning Commission.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to appoint Ms. Sheri Lynn Baker to fill an unexpired term as an ETJ member of the Boone Area Planning Commission.
VOTE:   Aye-5
              Nay-0
 
Both Ms. Gelene Atwood and Ms. Wanda Branch’s terms expired in January 2008 on the Watauga County Nursing Home Community Advisory Committee. Both are willing to continue to serve if reappointed.
 
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to reappoint Ms. Gelene Atwood and Ms. Wanda Branch to the Watauga County Nursing Home Community Advisory Committee.
 
VOTE:   Aye-5
              Nay-0
 
            E.         Announcements – County Manager Nelson announced that a Forum was scheduled for February 8, 2008, from 2:00 P.M. to 4:00 P.M. at the Lois E. Harrill Senior Center in Watauga County for discussion on the development of the High Country Regional Area Plan on Aging for 2008-2012.
 
County Manager Nelson announced that the Blowing Rock Town Manager had stated that his Council had directed him to begin the process of scheduling a joint meeting with the County, ASU, and Towns to continue discussion of topics of interest that concerned all bodies. The County Manager requested topics for that agenda.
 
PUBLIC COMMENT
 
            There was no public comment.
 
CLOSED SESSION
 
            At 10:21 A.M.,  Vice-Chairman Winkler, seconded by Commissioner Cooper, 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); and Personnel Matters, per 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 11:18 A.M.
 
VOTE:   Aye-5
              Nay-0
 
ACTION AFTER CLOSED SESSION
 
New High School Permitting Fees
 
            After discussion in closed session, Commissioner Moretz, seconded by Commissioner Cooper, moved to authorize staff to pay the Town of Boone $42,055 for building permits for the New High School Project.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            The Chairman adjourned the meeting at 11:19 A.M.
 
 
Jim Deal, Chairman
 
 
ATTEST:
Anita J. Fogle, Clerk to the Board