MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 14, 2008
The Watauga County Board of Commissioners held a regular meeting on Monday, April 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
Andrea Capua, 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 6:03 P.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 March 3&5, 2008, special meeting minutes, and the March 18, 2008, regular meeting and closed session minutes.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the March 3&5, 2008, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Kinsey, seconded by Commissioner Moretz, moved to approve the March 18, 2008, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Moretz, seconded by Commissioner Kinsey, moved to approve the March 18, 2008, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the April 14, 2008, agenda.
County Manager Nelson requested to add under item 12 the 2009 Parks and Recreation/AppalCART contract and under Miscellaneous Administrative Matters a Proposed Kennel Lease and Contract for Caretakers.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the April 14, 2008, agenda as presented.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON CLOSEOUT OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) #04-C-1346
Chairman Deal declared the public hearing open at 6:07 P.M. to allow citizen comment on the closeout of the Community Development Block Grant #04-C-1346.
Ms. Michelle Ball with High Country Council of Governments reviewed the timeline of the grant and the homes that received funding for repairs.
There being no public comment, Chairman Deal declared the public hearing closed at 6:12 P.M.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the closeout of Community Development Block Grant #04-C-1346.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE SUBMISSION OF AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE CONSTRUCTION OF A NEW HOSPITALITY HOUSE FACILITY
Chairman Deal declared the public hearing open at 6:12 P.M. to allow citizen comment on the submission of an application for Community Development Block Grant (CDBG) funding for the construction of a new Hospitality House facility.
Mr. Joe Furman reviewed the project, stating that the overall budget was $4,500,000 with the application for CDBG funding to be in the amount of $1,100,000. Mr. Furman stated that this was the second of two public hearings required prior to submission of the application.
There being no public comment, Chairman Deal declared the public hearing closed at 6:14 P.M.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the submission of the application for Community Development Block Grant Funds in the amount of $1,100,000 for the construction of a new Hospitality House facility.
VOTE: Aye-5
Nay-0
CALDWELL COMMUNITY COLLEGE AND TECHNICAL INSTITUTE REPORT
Dr. Ken Boham reported on Caldwell Community College & Technical Institute’s cooperative programs with Watauga High School. He highlighted one such successful partnership, the Huskin’s Programming. Dr. Boham updated the Board on CCC&TI’s construction project and reviewed their County budget request for FY 2009. Dr. Boham also invited the Board to attend a conference on May 20, 2008, in which CCC&TI was to work on a five-year plan.
This report was given for information only and, therefore, no action was required.
PROPOSED RESOLUTION IN SUPPORT OF CONTINUATION OF CRIMINAL JUSTICE PARTNERSHIP PROGRAM (CJPP) FUNDING
Mr. Mike Vannoy presented a proposed resolution in support of continuation funding for the Criminal Justice Partnership Program.
The third “Whereas,” which was incomplete, recommended to read as follows by the County Manager: “WHEREAS, in accordance with legislative mandates, the Watauga County CJPP local advisory board is comprised of representatives of the court system, service providers, and local government; and”
Commissioner Moretz, seconded by Commissioner Cooper, moved to authorize submission of the grant application as amended and directed staff to send a copy of the resolution to Representative Tarleton, Senator Goss, Speaker of the House Hackney, Senator Basnight, and Governor Easley.
VOTE: Aye-5
Nay-0
REQUEST FROM THE SOIL AND WATER CONSERVATION DISTRICT TO SPONSOR A GRANT FOR HEBRON COLONY MINISTRIES, INC. FOR STREAM BANK RESTORATION
The Watauga County Soil and Water Conservation District presented a request for the County to apply for $300,000 from NC DENR, Division of Water Resources, for stream bank restoration at the Hebron Colony Property on the Watauga River. The grant required $200,000 in local match which was to be provided in-kind by Hebron Colony. Mr. Norris also presented a resolution in support of the application which was required by the grant. The County Manager recommended that the County Attorney draft an agreement holding the County harmless, prior to the submission of the grant application.
County Attorney Capua stated that the resolution could be reworded to include the hold-harmless agreement as long as Hebron Colony signed it as well. The following “Whereas” was included: “WHEREAS, Hebron Colony Ministries, Inc., agrees to be bound by the terms and conditions set forth below by joining in the execution of this resolution.”
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to adopt the resolution, as amended and to include a signature from Hebron Colony, on behalf of the Soil and Water District, authorizing the application for the grant.
VOTE: Aye-5
Nay-0
TOURISM DEVELOPMENT AUTHORITY REPORT
Mr. Rob Holton presented an update on the activities to date of the Watauga District Tourism Development Authority for FY 2008. Mr. Jared Everett reported on a recent conference he attended and reviewed revenue generated by the occupancy tax.
This report was given for information only and, therefore, no action was required.
SHERIFF’S DEPARTMENT OUT-OF-STATE TRAVEL REQUEST
County Manager Nelson requested, on behalf of the Sheriff, approval for the Sheriff for out-of-state travel to attend the 20th Annual National Law Enforcement Memorial activities in Washington, DC, during the week of May 11-17, 2008.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the out-of-state travel request for the Sheriff.
VOTE: Aye-5
Nay-0
PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND WATAUGA COUNTY
Mr. Steve Sudderth presented two Memorandums of Understanding with the NC Division of Emergency Management for pending grant funds that were to be used in training exercises for Watauga County. The agreements allowed the funds to be passed through to Caldwell Community College & Technical Institute who in turn was to provide the training.
Mr. Sudderth stated that, in that submission of the documents was required prior to the meeting date, Mr. Geouque signed them on behalf of Watauga County in order to not lose the grant money. In the event that the Board wished not to approve the agreement, the staff approval could be withdrawn.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to authorize the submission of the two grant applications as presented by Mr. Sudderth.
VOTE: Aye-5
Nay-0
PROJECT ON AGING MATTERS
A. Proposed FY 2009 Contract Renewal for AppalCART Services – Ms. Angie Boitnotte, Director of the Project on Aging, presented a proposed AppalCART contract for transportation services in FY 2009. The proposed rates were $12.79 an hour and .69¢ per mile.
As requested to be added to the agenda, County Manager Nelson presented the Parks and Recreation proposed AppalCART contract for transportation services in FY 2009. The proposed rates were $14.18 per hour and .75¢ per mile. The County Manager stated the higher rates were because the Parks and Recreation Department used larger buses for transportation than did the Project on Aging.
County Attorney Capua stated that Section 8(a) on each contract should end as follows: “. . . the date of the agreement’s termination.”
Mr. Chris Turner, Director of AppalCART, was present and agreed with the County Attorney.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the two AppalCART contracts, one with Project on Aging and the other with Parks and Recreation, as amended.
VOTE: Aye-5
Nay-0
B. Report – L. E. Harrill Senior Center Re-Certification as a Center of Excellence – Ms. Boitnotte announced the award of certified Center of Excellence to the Lois Evans Harrill Senior Center. The certification was not only an honor to the work done by Senior Center Director Sherry Harmon and staff, but also made the Center eligible for increased grant funding in future years.
The report was given for information only and, therefore, no action was required.
MAINTENANCE DEPARTMENT MATTERS
A. Proposals for Re-Roofing the Western Watauga Community Center and the Small Chapel at the Law Enforcement Center – Mr. Robert Marsh stated that the Western Watauga Community Center and the Chapel at the Law Enforcement Center needed to be re-roofed and the following bids were received:
Randall’s Roofing and Siding, Inc., Zionville, NC
Western Watauga Community Center $33,300
Law Enforcement Center Chapel $5,250
Total $38,550
Carver Roofing and Waterproofing Inc., Boone, NC
Western Watauga Community Center $19,595
Law Enforcement Center Chapel $3,695
Total $23,290
Mr. Marsh requested the Board consider a metal roof for the Western Watauga Community Center during budget preparation for FY 2009 and requested an award for the re-roofing of the Chapel at this time. The low bidder for the Chapel, in the amount of $3,695, was Carver Roofing and Waterproofing, Inc.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to award the bid for re-roofing the Small Chapel at the Law Enforcement Center to Carver Roofing and Waterproofing, Inc., in the amount of $3,695.
VOTE: Aye-5
Nay-0
B. Proposed Courthouse Renovation Project Change Orders – Mr. Marsh presented revised Change Orders 12-18 for the Courthouse Renovation Project. Mr. Marsh reviewed Change Orders 12-16 and had requested Change Order 17 be prepared to correct billing errors previously made by the contractor and erroneously approved by the architect. Change Order 18 credited the County for allowances for soil removal and testing that were not used.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve Change Orders 12-18 for the Courthouse Renovation Project.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of March 2008.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for March 2008 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the Refunds and Releases Report for March 2008, as presented.
VOTE: Aye-5
Nay-0
C. Proposed Contract for Consultant/Commercial Appraisal Services for the 2010 Revaluation Project – Mr. Byrd presented a proposed contract for consultant/commercial appraisal services for the 2010 Revaluation Project. The contract was with RS&M Appraisal Services, Inc., in the amount of $108,000. RS&M was used in the previous two revaluations in which the County had received excellent service from the principal, Ronald S. McCarthy.
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the contract with RS&M Appraisal Services, Inc., for consultant/commercial appraisal services for the 2010 Revaluation Project in the amount of $108,000.
VOTE: Aye-5
Nay-0
D. Proposed 2008 Board of Equalization and Review Schedule – Mr. Byrd requested to establish the convening date for the Board of Equalization and Review (E&R) as April 29, 2008, from 4:00 to 7:00 P.M. and the closing date as May 6, 2008, also from 4:00 to 7:00 P.M. Mr. Byrd stated that other meetings of the Board of E&R may be scheduled in the future if needed to complete the process.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the convening date meeting for Board of E&R on April 29, 2008, from 4:00 to 7:00 P.M. and the closing date meeting for the Board of E&R on May 6, 2008, from 4:00 to 7:00 P.M.
VOTE: Aye-5
Nay-0
BUDGET AMENDMENTS
Ms. Doris Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
283101-312701 Taxes Ad Valorem-07-08 $25,325
284340-469901 Pay. To Fire Dist. - Foscoe $25,325
283101-312704 Taxes Ad Valorem-07-08 $8,162
284340-469904 Pay. To Fire Dist. – Beaver Dam $8,162
283101-312705 Taxes Ad Valorem-07-08 $5,330
284340-469905 Pay. To Fire Dist. – St. Simmons $5,330
283101-312706 Taxes Ad Valorem-07-08 $8,405
284340-469906 Pay. To Fire Dist. – Zionville $8,405
283101-312707 Taxes Ad Valorem-07-08 $15,640
284340-469907 Pay. To Fire Dist. – Cove Creek $15,640
283101-312708 Taxes Ad Valorem-07-08 $7,325
284340-469908 Pay. To Fire Dist. - Shawneehaw $7,325
283101-312709 Taxes Ad Valorem-07-08 $8,000
284340-469909 Pay. To Fire Dist. – Meat Camp $8,000
283101-312710 Taxes Ad Valorem-07-08 $7,272
284340-469910 Pay. To Fire Dist. – Deep Gap $7,272
283101-312711 Taxes Ad Valorem-07-08 $2,700
284340-469911 Pay. To Fire Dist. - Todd $2,700
283101-312712 Taxes Ad Valorem-07-08 $3,065
284340-469912 Pay. To Fire Dist. – Blowing Rock $3,065
283101-312719 Taxes Ad Valorem-07-08 $100
284340-469919 Pay. To Meat Camp/Creston $100
The amendment recognized additional fire tax district revenues and payments to volunteer fire departments.
Account # Description Debit Credit
103300-343301 EMGP-Supplemental $4,854
104330-452000 Capital Outlay-DP Equip. $4,854
The amendment recognized the award of supplemental Emergency Management funding to enhance the Emergency Operations Center operational capabilities.
Account # Description Debit Credit
293270-312007 Occupancy Tax 07-08 $645,000
293831-349129 Interest Earned on Investments $14,000
294140-469900 Transfer to Watauga County TDA $659,000
The amendment recognized the collection of Watauga County District U TDA revenue and transferred the revenues to the TDA.
Account # Description Debit Credit
233839-389002 Federal Substance Abuse Funds $7,569
234310-429000 Other Supplies $7,569
The amendment recognized the transfer of funds from the Federal Substance Abuse bank account to the Substance Abuse Tax Fund per request from Captain Al Reed for the acquisition of tactical communication kits.
Account # Description Debit Credit
143839-353100 Donations-Children’s Fund $4,783
145310-449902 Foster Children’s Fund $4,783
143839-353101 Donations-Adult Service Funds $1,693
145310-449903 Adult Services Fund $1,693
143839-353102 Donations-Child Prot. Services $2,789
145310-449904 Child Protect. Services Fund $2,789
The amendment recognized the current balances for donations to various discretionary DSS assistance programs.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTIONS MATTERS
A. Out-of-State Travel Request – Mr. Joe Furman presented an out-of-state travel request allowing Mr. Ronnie Greene, Building Inspector, to attend the Region 8 International Code Council meetings May 2 & 3, 2008, in North Myrtle Beach. The Planning and Inspectors’ Association was to pay for expenses.
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the out-of-state travel request for Mr. Ronnie Greene as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
B. Phase One Report – The Citizens’ Plan for Watauga County – Mr. Joe Furman introduced Mr. Dennie Martin, principal with Martin McGill, who presented a report on Phase One for the Citizens Plan for Watauga County.
The report was given for information only and, therefore, no action was required.
C. Proposed Contract for Phase Two of the Citizens’ Plan for Watauga County – Mr. Furman presented a proposed contract with Martin McGill, Inc., for Phase Two of the Citizens’ Plan for Watauga County. The Plan Oversight Group recommended approval of the contract. Mr. Dennie Martin stated that Phase Two would take the better part of twelve months to complete.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to enter into Phase Two of the Citizens’ Plan for Watauga County and approve the contract with Martin McGill, contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Discussion of Sign Ordinance – The County Manager stated that, per Commissioner request, time had been reserved for discussion of the Sign Ordinance as it related to electronic billboards. Mr. Furman was present and stated that recently installed electronic billboards had been approved by the Board of Adjustment.
After discussion, and by consensus, the Board agreed to direct the County Attorney to prepare an interpretation of how the County’s Sign Ordinance applied to electronic billboards.
B. Hospitality House Request for Annexation of Hannah Building – County Manager Nelson stated that the Hospitality House planned to pursue annexation for the site of their new facility on property that was recently donated by Watauga County. The County Manager stated that Ms. Lynne Mason, Hospitality House Director, had offered Watauga County the opportunity to have the Hannah Building property included in this annexation request in order to allow cheaper water and sewer rates.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the County joining the Hannah Building in the annexation, contingent on the Hunger Coalition and/or Hospitality House bearing any costs associated with the annexation process.
VOTE: Aye-5
Nay-0
C. Blowing Rock/NC Rural Center Grant Application Request – County Manager Nelson stated that the Town of Blowing Rock had requested that Watauga County serve as the applicant for a $500,000 NC Rural Center Grant to assist the funding of an emergency water interconnect between Boone and Blowing Rock. The grant application required no local match and was to be a pass through to the Towns of Boone and Blowing Rock to assist with the overall funding for the project. The request was due to the County’s demographics meeting the pre-qualifications of application eligibility. The County Manager recommended that a hold-harmless agreement be drafted for execution by Blowing Rock and/or Boone prior to the grant award, if forthcoming. The County Manager stated that, due to time constraints, he gave preliminary approval for the grant to be submitted in order to meet the submission deadline; however, if the Board chose not to honor the request, the preliminary approval would be withdrawn.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to approve the submission of the application, contingent upon the County Attorney preparing a hold-harmless agreement and execution by Blowing Rock and/or Boone.
VOTE: Aye-5
Nay-0
County Manager Nelson presented a resolution authorizing the application to the Clean Water Partner’s Infrastructure Program. Chairman Deal suggested the second “Whereas” read as follows: “WHEREAS, Watauga County has need for and intends to participate in the construction of a publicly-owned water supply distribution connection project, described as Boone/Blowing Rock water system interconnection; and”
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the resolution as amended.
VOTE: Aye-5
Nay-0
D. Proposal from S&ME for Construction Materials Testing for the New High School Project – County Manager Nelson presented a proposal from S&ME for construction materials’ testing for the new Watauga County High School building phase. S&ME was the same firm that the County employed to do the testing during the site preparation phase. The anticipated amount of the agreement was $243,395 which was less than the original projected amount.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the contract with S&ME in the amount of $243,395, contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
E. Proposed Renewal of Ambulance Agreement with Avery County – County Manager Nelson stated that the agreement between Avery and Watauga Counties to provide ambulance service to the Beech Mountain section of Watauga County and the Avery County section of the Flat Springs area on the back side of Beech Mountain was to expire November 1, 2008. The County Manager stated that staff recommended that the County request the five-year extension allowed, per the original agreement, upon approval of both Boards. The adjusted amount for the FY 2008 payment to Avery County was $56,498.40. This amount plus the CPI adjustment was recommended for the FY 2009 contract amount, should Avery County consent to extend the agreement.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to direct the County Manager to request a five-year extension to the contract with the current amount of $56,498.40 being carried forward with a CPI adjustment to arrive at the FY 2009 contract amount.
VOTE: Aye-5
Nay-0
F. Presentation of 2009 Capital Improvement Plan – County Manager Nelson stated that the Capital Improvement Plan (CIP) was prepared and would be distributed to the Board at the end of the meeting.
G. Boards and Commissions – County Manager Nelson stated that Caldwell Community College & Technical Institute had asked that a County representative attend a one-day strategic planning meeting which the College was undertaking on Tuesday, May 20, 2008, from 7:30 A.M. to 3:30 P.M.
County Manager Nelson stated that Mr. Joseph Miller had resigned from the Economic Development Commission. His term was to expire in June 2010. The County Manager stated that a nomination from the Economic Development Commission to fill Mr. Miller’s un-expired term was to be presented at a future meeting.
H. Announcements – County Manager Nelson announced that Watauga County had received approval from the Local Government Commission for financing $70,000,000 for the new Watauga County High School in the form of a private placement installment purchase. The loan documents were executed and closed on April 10, 2008, with BB&T.
County Manager Nelson announced that the Project on Aging invited the Board of Commissioners to their Annual Volunteer Recognition Breakfast on Thursday, May 1, 2008, at the Dan’l Boone Inn and Restaurant between 8:30 and 10:30 A.M.
County Manager Nelson shared a newsletter detailing possible improvements to the Bamboo Road area adjacent to the Parkway in the Bamboo/Deerfield area of the County. The County Manager stated that, if Board members wished, they could make comments, as requested by the Park Service.
County Manager Nelson announced that the North Carolina Association of County Commissioners (NCACC) Annual Meeting was scheduled for August 20-24, 2008, in New Bern.
County Manager Nelson announced that the NCACC District Meeting for our area was scheduled for Wednesday, April 23, 2008, in Wilkesboro from 9:30 A.M. to 1:30 P.M.
County Manager Nelson announced that a joint meeting with the Towns of Boone and Blowing Rock, the County, and ASU was scheduled for Monday, April 28, 2008, at 5:00 P.M. at Chetola in Blowing Rock.
PUBLIC COMMENT
Mr. Mike Nuelle spoke.
CLOSED SESSION
At 8:23 P.M., Commissioner Cooper, seconded by Vice-Chairman Winkler, 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 Land Acquisition, per G. S. 143-318.11(a)(5)(i).
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to resume the open meeting at 9:21 P.M.
VOTE: Aye-5
Nay-0
POSSIBLE ACTION AFTER CLOSED SESSION
There was no action after closed session.
ADJOURN
The Chairman adjourned the meeting at 9:21 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board