MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, FEBRUARY 19, 2008
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, February 19, 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
 
            Chairman Deal called the meeting to order at 6:01 P.M., welcoming those in attendance.
 
            Commissioner Cooper opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the February 4, 2008, regular meeting and closed session minutes.
 
            Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the February 4, 2008, regular meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the February 4, 2008, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the February 19, 2008, agenda.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the February 19, 2008, agenda as presented.
 
VOTE:   Aye-5
              Nay-0
 
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON A BUDGET AMENDMENT TO THE CDBG SCATTERED SITE HOUSING PROGRAM
           
            Chairman Deal declared the public hearing open at 6:04 P.M. to consider a budget amendment to the Community Development Block Grant (CDBG) Scattered Site Housing Program.
 
            Ms. Michelle Ball, Grant Coordinator with High Country Council of Governments, stated that the budget amendment was to decrease the clearance and rehabilitation lines by $12,000 each and increase the relocation line item by $24,000 to $210,050. The budget amendment was necessary to address increased costs of relocation. As a result, only six homes were to receive funding instead of the previously identified seven.
 
            There being no further public comment, Chairman Deal declared the public hearing closed at 6:06 P.M.
 
            Commissioner Moretz, seconded by Commissioner Kinsey, moved to approve the budget amendment to the CDBG Scattered Site Housing Program as presented.
 
VOTE:   Aye-5
              Nay-0
 
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON FINANCING FOR THE NEW HIGH SCHOOL
 
            Chairman Deal declared the public hearing open at 6:07 P.M. to consider financing of up to $70,000,000 for the new high school.
 
            County Manger Nelson stated that a Request for Proposals was issued by Watauga County as authored by Counsel Scott Leo. The Proposals were to be received by the County on February 27, 2008, and to be presented to the Board with a staff recommendation for action at the March 3, 2008, Board meeting with the goal of obtaining Local Government Commission (LGC) approval at their April 1, 2008, meeting. 
 
            The following citizens spoke with twelve speaking in favor of the financing and none in opposition:
Steve Combs
Larry Jones
Ivan Roten
Lowell Younce
Dan Meyer
Shelton Wilder
Deborah Miller
Shannon O’Brien
Becka Saunders
Lee Warren
Ron Henries
Laura Johnson
 
There being no further public comment, Chairman Deal declared the public hearing closed at 6:24 P.M.
 
            Each Commissioner voiced their appreciation to all those involved in the project.
 
            Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to support the continuation of financing for the New High School Project as set forth.
 
VOTE:   Aye-5
              Nay-0
 
HOSPITALITY HOUSE GRANT APPLICATION REQUEST
 
            Ms. Lynne Mason, Executive Director of the Hospitality House, requested that Watauga County be named as applicant for a grant application in the amount of $1,100,000 to the Community Development Block Grant Program. The grand funds were to be used for construction of the new facility adjacent to the Hannah Building on property recently donated by the County. The grant was to carry a 10% administrative fee which was to cover expenses should the County choose to administer the grant or sub-contract with High Country Council of Governments. If agreed upon, the County was required to send a representative to a one-day grant workshop.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the submission of the grant application with Watauga County as the applicant, contingent upon staff’s review of administrative requirements and recommendation as to whether to handle the grant in-house or to outsource to the High Country Council of Governments.
 
VOTE:   Aye-5
              Nay-0
 
CHILDREN’S PLAYHOUSE REPORT AND FUNDING REQUEST
 
            Ms. Kathy Parham presented a Children’s Playhouse services report; outlined a decrease in funding for operations in the next fiscal year; and requested an additional allocation from the County in FY 2009 to make up for the projected budgetary shortfall. Ms. Parham requested the County allocate $12,500 to Children’s Playhouse, up from $2,500 in FY 2008 budget.
 
No action was taken.
 
WATER STREET PARKING LOT CONSTRUCTION UPDATE
 
            Mr. Bill Dixon, the architect for the Water Street Parking Lot, presented a progress report on the project. Mr. Dixon reported that completion was expected with two to three weeks of good weather and the project was to include thirty-two parking spaces. Mr. Dixon also reported that, to date, no change orders had been submitted; however, a deductive change order was expected which was to bring the project in under budget.
 
            The report was for information only and therefore no action was required.
 
EDC RECOMMENDATION TO ALLOW THE USE OF 53-FOOT TRAILERS ON WATAUGA COUNTY HIGHWAYS
 
Mr. Joe Furman stated that, currently, North Carolina highway regulations prevented the use of 53-foot tractor trailers on highways in Watauga County. The 53-foot trailer was the current industry standard and the majority of trucking companies in Watauga County were required to use 48-foot trailers. This prohibition handicapped those doing business from Watauga County and those traveling and transporting goods to Watauga County. The Economic Development Commission (EDC) requested that the Board of Commissioners forward a letter to Representative Cullie Tarleton asking for legislation to be introduced that allowed 53-foot trailers in Watauga County on highways that met federal standards.
 
            Commissioner Moretz stated that it was a safety hazard to allow 53-foot trailers in the County.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to ask Representative Cullie Tarleton, through the 21st Century Transportation Committee, to introduce legislation that will by statute designate all highways built to federal specifications as part of the National Truck Network for STAA vehicles (53’ trailers).
 
VOTE:   Aye-4(Deal, Winkler, Cooper, Kinsey)
              Nay-1(Moretz)
             
W.A.M.Y. COMMUNITY ACTION MATTERS
 
            A.        W.A.M.Y. Community Action 2008 Application for Community Services Block GrantMs. Marnie Werth stated that each year W.A.M.Y. Community Action submitted an application for funding to the Community Services Block Grant. A part of the grant requirement was to allow comment from the Board of Commissioners. Ms. Werth reviewed the contract.
 
            The Board made no comments and, as this was for information only, no action was required or taken.
 
B.         Family Community Support Center Report and Request for a Letter of Support – Ms. Lisa Redmond presented a report on the Family Community Resource Center which was scheduled to open in the not-too-distant future. Ms. Redmond stated that W.A.M.Y. Community Action was seeking to refinance a loan used to purchase the property for the Center. Ms. Redmond presented a recommended draft letter from the Board of Commissioners which, if approved, was to be included with the refinancing application.
 
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the letter as presented by Ms. Redmond.
 
VOTE:   Aye-5
              Nay-0
 
PROPOSED POLICY FOR WATAUGA COUNTY MINORITY AND SMALL BUSINESS PARTICIPATION OUTREACH PLAN & GUIDELINES AND PROPOSED RESOLUTION FOR WATAUGA COUNTY TO ADOPT OUTREACH PLAN AND TO ESTABLISH VERIFIABLE PERCENTAGE GOAL FOR PARTICIPATION BY MINORITY AND SMALL BUSINESSES IN THE AWARDING OF BUILDING CONSTRUCTION CONTRACTS PURSUANT TO N.C.G.S. 143-128.2
 
Assistant County Manager Geouque presented a proposed policy for minority and small business participation in County construction projects and a proposed resolution establishing goals for participation by minorities and small businesses in building construction contracts awarded by Watauga County. The policy and resolution were updates of an existing policy that dated back to 1989. The updated policy was to allow for greater ease in compliance with the State’s mandated policies and reports for minority and small business participation in the construction of the new Watauga County High School Project. The Assistant County Manager requested a public hearing be scheduled for March 3, 2008, to allow public comment on the proposed Policy for Watauga County Minority and Small Business Participation Outreach Plan & Guidelines and proposed resolution.
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to set a public hearing on March 3, 2008, at 9:00 A.M. to allow public comment on the proposed Policy for Watauga County Minority and Small Business Participation Outreach Plan & Guidelines and proposed resolution.
 
VOTE:   Aye-5
              Nay-0
 
HIGH SCHOOL MATTERS
 
A.        Permit Fees Funding Request for the New High School – County Manager Nelson stated that, at the last meeting, the Board authorized the expenditure of $42,055 for the Town of Boone Building Permit for the new high school. Since that time, the Manager had been informed by the Town that an additional application for a building permit for support buildings was required by the Town. The cost for this permit was $3,255.30. Additionally, the Town advised that the Fire Inspection Fees in the amount of $2,853.68 as well as the Water Availability Fees in the amount of $76,279 must be paid prior to issuance of the building permit for the project. Since the LGC required a report on the status of building permits prior to considering the County’s request for financing approval, the Manager requested an expenditure of an additional $82,387.98 for Town of Boone Fees.
 
            Chairman Deal requested additional information on transferring Water Availability Fees from the current high school to the new high school.
 
            By consensus, further discussion was tabled until the March 3, 2008, Board meeting.
 
            B.         Requested Acceptance of General Warranty Deed for Watauga High School (Current) –           County Manager Nelson reviewed a General Warranty Deed for the current Watauga County High School that transferred ownership to Watauga County from the School Board. 
 
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to accept the General Warranty Deed of the current High School and have it recorded.
 
VOTE:   Aye-5
              Nay-0
 
C.        Proposed Lease of Current High School to the Board of Education – County Manager Nelson presented a proposed lease of the current High School back to the Board of Education for their use until the new High School was completed and occupied. 
 
Commissioner Moretz, seconded by Commissioner Kinsey, moved to approve the lease of the current High School as presented.
 
VOTE:   Aye-5
              Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.                 Horn In The West Tipping Fee Waiver Request – County Manager Nelson stated that the Horn In The West was in need of major renovations and the Town of Boone was beginning the process of demolition. The Horn In The West and the Southern Appalachian Historical Association requested that the County waive the tipping fees for the demolition from the Horn In The West project. County Manager Nelson recommended the Board waive tipping fees for the year 2008 for the project.
 
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to waive tipping fees related to renovations for Horn In The West for the year of 2008.
 
VOTE:   Aye-5
              Nay-0
 
B.                 Proposed Resolution from the NCACC – County Manager Nelson presented a proposed resolution, submitted by the North Carolina Association of County Commissioners (NCACC), celebrating 100 years of county unity in recognition of the NCACC’s Centennial Anniversary.
 
Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the resolution as submitted.
 
VOTE:   Aye-5
              Nay-0
 
            C.        FY 2008-2009 Budget Schedule – County Manager Nelson reviewed the proposed 2008-2009 Budget Schedule.
 
            This report was for information only and, therefore, no action was taken.          
 
            D.        Tentative Topics for Annual Retreat – County Manager Nelson presented and reviewed tentative topics for the Annual Retreat scheduled for March 3rd & March 5th, 2008.
 
            This report was for information only and, therefore, no action was taken.
 
            E.         DOT’s Request for an Easement at the Intersections of HWY 105 and Wilson Drive – County Manager Nelson stated that, earlier in the year, the Department of Transportation (DOT) had requested and received an easement from Watauga County to construct a right-turn lane on NC Hwy 105 at the intersection of Wilson Drive. The work required that AT&T relocate a service pole and guy wire onto County property. The County Manager reviewed a map of the proposed location.
 
            By consensus, further discussion was tabled until the March 3, 2008, meeting to allow time for the Board to view on-site where the placement was recommended for the pole and guy wire.
 
F.                  Discussion of JCPC and CJPP State Funding – County Manager Nelson stated that the North Carolina Association of County Commissioners had announced that funding for the Juvenile Crime Prevention Council (JCPC) and the Criminal Justice Partnership Program (CJPP) might be affected by a continuation review which was to be presented to the General Assembly on April 1st.  The Association recommended advocacy for the two programs. 
 
By consensus, the Board agreed to table further discussion and directed the County Manager to invite representatives from the JCPC and CJPP to attend the March 3, 2008, Board meeting and present reports on potential effects the budgetary cuts would have on their programs.
 
G.        Requested Easement for a Retaining Wall – County Manager Nelson stated that, at the last meeting, an easement was granted to the Downtown Boone Development Association to develop the corner of Poplar Grove Connector and King Street into a landscaped area with a “Welcome to Boone” sign. The County Manager stated that as a part of that discussion, the new owner of the “Austin Building” planned to request an easement to construct a retaining wall to both help with the renovation of that property as well as create a greater area for use by the Downtown Boone Development Association.
 
Mr. Bill Dixon, Architect for the owners of the “Austin Building,” reviewed their request for an easement for a retaining wall and storm drainage system.
 
County Maintenance Director Robert Marsh endorsed the easement by stating that neither the retaining wall nor the storm drainage system would negatively affect the County’s property.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to grant the easement for the retaining wall and storm drainage system as requested.
 
VOTE:   Aye-5
              Nay-0
 
            H.        2009-2015 Transportation Improvement Program Discussion/Comments – County Manager Nelson stated that, at the last meeting, discussion was tabled on the Transportation Improvement Program which was being developed for the years of 2009-2015 by the Department of Transportation.
            Commissioner Moretz stated that a traffic light and turn lane were needed at the intersections of Wilson Ridge Road/Deerfield Road and Wilson Ridge Road/Bamboo Road.
 
            Mr. Joe Furman stated that all of those roads were secondary roads and therefore were not part of this program but such concerns could be presented at the next secondary roads public hearing.
 
            By consensus, the Board agreed to the comments submitted by Mr. Brent Graybeal.
 
            I.          Discussion on Consolidated Dispatch – County Manager Nelson presented a letter from the Watauga County EMS Advisory Committee, requesting that discussion of consolidated E-911 dispatch be placed on the agenda for the next joint meeting to be held with Boone, Blowing Rock, Watauga County, and ASU. The County Manager stated that the Committee continued to advocate and was of the belief that consolidated dispatch would better serve all citizens of Watauga County.
 
            By consensus, the Board agreed to direct the County Manager to request the Town of Blowing Rock add the discussion of consolidated E-911 dispatch on the agenda for the next Governmental Retreat with the Towns of Boone and Blowing Rock, Watauga County, and ASU.
 
J.          Boards and Commissions – County Manager Nelson stated that Bethel Elementary School had nominated Mr. Tim Eggers as their representative to the Watauga County Recreation Commission. As this was the first reading, no action was required.
 
            County Manager Nelson stated that Mabel Elementary School had nominated Mr. Bill Hollingsworth as their representative to the Watauga County Recreation Commission.  As this was the first reading, no action was required.
 
            County Manager Nelson stated that the Town of Boone’s Board of Adjustment had an ETJ Alternate term that was currently vacant and the Town Council had nominated both William P. Aceto and Donald Clark for the position.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to appoint William P. Aceto as an ETJ Alternate to the Town of Boone’s Board of Adjustment.
 
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson stated that Mr. Jim Bryan’s term on the Watauga County Farmland Preservation Advisory Board had expired and the Advisory Board had recommended reappointment and stated that Mr. Bryan was willing to continue to serve if so appointed.
 
            Commissioner Moretz, seconded by Commissioner Kinsey, moved to reappoint Mr. Jim Bryan to the Watauga County Farmland Preservation Advisory Board.
 
VOTE:   Aye-5
              Nay-0
           
County Manager Nelson stated that Blowing Rock Elementary School had nominated Mr. Wendell Ellis as their representative to the Watauga County Recreation Commission.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to appoint Mr. Wendell Ellis to the Watauga County Recreation Commission as a representative of Blowing Rock Elementary School.
VOTE:   Aye-5
              Nay-0
 
            County Manager Nelson stated that Mr. Dave Robertson and Ms. Missy Harrill’s terms to the Tourism Development Board were to expire February 28, 2008, and that the Tourism Development Board had recommended both be reappointed.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to waive the second reading and reappoint Mr. Dave Robertson and Ms. Missy Harrill to three-year terms on the Tourism Development Board.
 
VOTE:   Aye-5
              Nay-0
 
K.        Announcements – County Manager Nelson announced that Watauga County’s Annual Budget Retreat was scheduled for Monday, March 3, and Wednesday, March 5, 2008, beginning at 4:00 P.M. each day.
 
            County Manager Nelson announced that the Cooperative Extension’s Report to the People luncheon was scheduled for Monday, March 3, 2008, at 11:45 A.M.
 
County Manager Nelson announced that the National Association of Counties’ 2008 Annual Conference & Exposition was scheduled for July 11-15, 2008, in Jackson County (Kansas City), Missouri.
 
PUBLIC COMMENT
 
            Ms. Barbara Kinsey spoke regarding the Horn In The West Tipping Fee request and the Town of Boone’s Permit Fees for the New High School Project.
 
            Ms. Ingrid Brown-Bell spoke regarding the 53-foot trailer issue in the trucking industry.
 
CLOSED SESSION
 
            At 8:09 P.M.,  Vice-Chairman Winkler, seconded by Commissioner Moretz, 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 Moretz, moved to resume the open meeting at 8:58 P.M.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF MANAGER’S EMPLOYMENT CONTRACT
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the County Manager’s contract for employment as prepared by County Attorney Capua.
 
VOTE:   Aye-5
              Nay-0
 
ADJOURN
 
            The Chairman adjourned the meeting at 8:59 P.M.
 
 
Jim Deal, Chairman
 
 
ATTEST:
Anita J. Fogle, Clerk to the Board