MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, AUGUST 4, 2008
The Watauga County Board of Commissioners held a regular meeting on Monday, August 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
Andrea Capua, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Deputy 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.
Vice-Chairman Winkler opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the July 15, 2008, regular meeting and closed session minutes.
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the July 15, 2008, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the July 15, 2008, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the August 4, 2008, agenda.
County Manager Nelson requested to add under New High School Matters a report on security lighting and two items under Miscellaneous Administrative Matters, Joint Meeting Requests. The first item was recommended dates for the next Intergovernmental Retreat, which was to be hosted by ASU, and the second was a request for a public hearing from DOT for citizen comment on their Secondary Roads Program.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the August 4, 2008, agenda as amended.
VOTE: Aye-5
Nay-0
SENATE LEGISLATIVE UPDATE
Senator Steve Goss updated the Board on the legislative accomplishments of the Senate.
The report was issued for information only and, therefore, no action was required.
HOUSE OF REPRESENTATIVES LEGISLATIVE UPDATE
Representative Cullie Tarleton updated the Board on the legislative accomplishments of the House of Representatives.
The report was issued for information only and, therefore, no action was required.
OUT-OF-STATE TRAVEL REQUEST
Chairman Deal stated that the Sheriff’s Office requested out-of-state travel for necessary training for one of their detectives whose name was not given due to the sensitive nature of the requested training.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the out-of-state travel as requested by the Sheriff’s Office.
VOTE: Aye-5
Nay-0
RIVER ROAD SAFETY COMMITTEE REQUEST FOR RESOLUTION TO NC DOT
Ms. Lisa Gorla, representing citizens who live on the River Road in the Todd area, requested that the Board direct a resolution to be drafted for adoption and forwarded to the DOT, requesting they conduct a traffic study and post appropriate speed limit signs on River Road.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt a resolution requesting the Department of Transportation conduct a traffic study and post appropriate speed limit signs on River Road in Todd.
VOTE: Aye-5
Nay-0
PROPOSED CONTRACT WITH WATAUGA RESCUE SQUAD, INC.
Mr. Randy Collins presented a proposed contract between the County and Watauga Rescue Squad, Inc., for the services that they provide to the citizens of the County. Even though services have been provided for many years, the contract was now required by the State Office of Emergency Medical Services to ensure future funding for the organization.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to approve the contract, contingent upon County Attorney’s review.
VOTE: Aye-5
Nay-0
ELECTRONICS RECYCLING REQUEST
Ms. Lisa Doty, County Recycling Coordinator, presented a proposed electronic components recycling program. Components consisted of items such as used computer terminals, screens, and televisions. The recycling of these items was required by the year 2012 and the County has had numerous requests from citizens to begin this service now. The approximate cost to run the service for one year was estimated to be $12,000 to $15,000 and staff recommended a one-year trial period to determine the actual cost to provide this soon-to-be mandated service.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to authorize a one-year trial of the program and allocate funds from the Sanitation Department’s budget designated for recycling.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Budget Amendments – Ms. Doris Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
219930-461100 Emergency Communications $62,856
219800-498010 Transfer to the General Fund $62,856
103980-398021 Transfer from Cap. Reserve Fund $62,856
104330-451000 Capital Outlay-Equip. $13,790
104311-451000 Capital Outlay-Equip. $49,066
The amendment recognized the transfer of funds from the Capital Reserve Fund set-a-side for Emergency Communications to the General Fund to fund the recommendation submitted by the Communications Study Committee to the Board of Commissioners at the July 15, 2008, Board meeting.
Account # Description Debit Credit
143839-353102 Donations – Child Protective Services $3,102
145310-449904 Child Protective Services Fund $3,102
143839-353100 Donations – Foster Children Fund $4,300
145310-449902 Foster Children’s Fund $4,300
143839-353101 Donations – Adult Services Fund $2,297
145310-449903 Adult Service Fund $2,297
The amendment recognized carryover balances of various DSS discretionary funds.
Account # Description Debit Credit
219930-461200 Recreation Facilities $225,000
219800-498013 Transfer to School Capital Outlay $225,000
133980-398200 Transfer from Capital Reserve $225,000
135912-449903 Misc. Exp. – Bethel Playground $75,000
135912-449904 Misc. Exp. – Green Valley Playground $75,000
135912-449905 Misc. Exp. – Mabel Playground $75,000
The amendment transferred funds from the Recreation set-a-side in the Capital Reserve Fund to the School Capital Outlay Fund for three elementary school playgrounds as directed at the June 23, 2008, Board of Commissioners meeting.
Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
B. Surplus Property – Ms. Isaacs presented a list of property and requested that it be surplused and subsequently sold through GovDeals.
Commissioner Moretz, seconded by Commissioner Cooper, moved to surplus the property as presented by Ms. Isaacs for sale on GovDeals.com.
VOTE: Aye-5
Nay-0
C. GovDeals Recap – Ms. Tammy Adams, Finance Accounting Tech II, presented a report on the use of GovDeals.com for the auction of the County’s surplus property to date. Ms. Adams stated that the program had been quite successful and the revenues derived from surplus property had dramatically increased from the amounts received from the public auctions which were once used.
This report was given for information only and, therefore, no action was required.
D. Proposed Financing Resolution for Tweetsie Land Purchase – Ms. Isaacs presented a proposed resolution approving an installment financing contract with Wachovia and a Deed of Trust for the land purchase which was part of the economic development incentive package with Tweetsie Railroad, Inc.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to adopt the resolution, contingent upon LGC approval of the financing package which was scheduled for consideration in August.
VOTE: Aye-5
Nay-0
TAX MATTERS
A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of July 2008.
B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for July 2008 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Moretz, seconded by Commissioner Cooper, moved to approve the Refunds and Releases Report for July 2008, as presented.
VOTE: Aye-5
Nay-0
C. Annual Tax Collector’s Settlement – Tax Administrator Byrd presented the following Annual Settlement Statements for Fiscal Year 2007/2008 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the Annual Settlement Statements for Fiscal Year 2007/2008.
VOTE: Aye-5
Nay-0
D. Order of Collections Request – A sworn oath was to be administered to Tax Administrator Byrd in order to collect taxes for the new Fiscal Year 2008/2009. Mr. Byrd stated that this Order was to grant him the authorization to collect taxes and requested the Board’s approval.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to grant authorization for Tax Administrator Byrd to collect taxes for Fiscal Year 2008/2009.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTIONS MATTERS
A. Proposed CDBG Subordination Agreement – Mr. Joe Furman stated that a recipient of Community Development Block Grant (CDBG) assistance through the County’s 2003 Scattered Site Housing Program had applied for a new loan for the purpose of loan consolidation and required a Subordination Agreement. The County was listed as a beneficiary on the current Deed of Trust due to the CDBG funds that the family received. It was listed as a deferred loan that was being forgiven over an eight-year period. The new loan required the Deed of Trust become subordinate to the loan. Mr. Furman stated that the Subordination Agreement was drafted by County Attorney di Santi.
Commissioner Moretz, seconded by Commissioner Kinsey, moved to approve the subordination agreement as prepared by County Attorney di Santi.
VOTE: Aye-5
Nay-0
B. Proposed Subdivision Performance Guarantee – Mr. Furman presented a subdivision performance guarantee for 16 lots and 8 buildings (a portion of Phase 1) of Sweetgrass Development that was an irrevocable letter of credit from Wachovia which was for road construction and pursuant to section 92 of the Subdivision Regulations.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the subdivision performance guarantee as presented.
VOTE: Aye-5
Nay-0
C. Proposed Addition to Transportation Improvement Plan – Mr. Furman presented a request from Tweetsie Railroad, Inc., to include improvements to their entrance off of US Highway 321 in the DOT Transportation Improvement Plan. These improvements were mentioned during the economic development incentive package discussions.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to request that the Department of Transportation add to their Transportation Improvement Plan the area requested by Tweetsie as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
NEW HIGH SCHOOL MATTERS
A. SfL+a Contract Amendment Request – County Manager Nelson stated that, at the last meeting, a request from SfL+a for a contract amendment for additional work done on the school project was tabled. The Sub-Committee met with representatives from SfL+a and discussed all additional work that had been performed by the firm. The Sub-Committee recommended the payment of $25,400 to cover all additional work performed on the project that had not been previously referenced in the contract or earlier amendments. Mr. Nelson also presented a letter from SfL+a accepting the $25,400 as full payment of the requested contract amendment.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the contract amendment in the amount of $25,400 as recommended by the Sub-Committee.
VOTE: Aye-5
Nay-0
B. Barnhill/Vannoy Change Order Requests – County Manager Nelson presented Change Orders 6 and 8R (revised) from Barnhill/Vannoy, the County’s Construction Manager for the new high school project. The change orders were previously discussed with the Board. Change Order 6 was for work and costs associated with structural revisions for the out buildings including Football Concession, Football Field house and Baseball Field House in the amount of $131,370. Change order 8R, in the amount of $38,881.46, was for the additional work required for the drainage piping to the underground detention system.
Commissioner Cooper, seconded by Commissioner Moretz, moved to approve Change Order 6 and Change Order 8R as presented by the County Manager.
VOTE: Aye-5
Nay-0
C. Security Lighting Report – County Manager Nelson gave an update on security lighting for the new high school project. The County Manager stated that New River Light and Power would have provided wooden poles and installation at no cost; however, the approved plan called for decorative poles for which New River would charge their cost. The budget had a security lighting allowance for which Barnhill/Vannoy proposed to issue a change order in that the County was contracting with New River. The County Manager recommended that the Barnhill/Vannoy contract cover the installation of the light bases and a change order be issued for the balance.
By consensus, the Board agreed.
DISCUSSION OF COYOTE CONTROL
County Manager Nelson stated that, per a Commissioner request, time had been allocated to discuss the issue of coyotes in the County. A citizen had forwarded a letter stating that coyotes were creating a nuisance and safety concerns in his community. He requested that the Board of Commissioners examine their authority to address this issue by adopting a local ordinance allowing year-round trapping.
By consensus, the Board agreed to direct the County Attorney to contact the citizen who forwarded the letter as well as review the request and offer an opinion as to options the Board may have in dealing with this issue.
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposed Parking Lease Agreement with the Town of Boone – County Manager Nelson presented a proposed parking lot lease agreement with the Town of Boone that exchanged 30 spaces at the Library (which the Town in turn leases to people who work in the area) for 30 spaces in the Queen Street parking lot owned by the Town. The Queen Street spaces were used by people who work in or visit the Government Complex area. The County Manager stated that this was a continuation of a long-standing agreement.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the parking lot lease agreement, contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
B1. Town of Boone Joint Meeting Request – County Manager Nelson stated that the dates sent to the Town of Boone for a proposed joint meeting to discuss recreation and water and sewer issues were not workable for their Council; however, the Town of Boone had proposed the date of August 20, 2008, at 5:00 P.M. with the meeting to be held at the Town Council Chambers.
By consensus, the Board agreed to the meeting on August 20, 2008, at 5:00 P.M.
B2. Proposed Dates for Intergovernmental Retreat to be Hosted by Appalachian State University – County Manager Nelson presented the following proposed dates for the next Intergovernmental Retreat which was to be hosted by ASU: September 8th, 22nd, and 30th. The Retreat was to begin at 5:00 P.M. and was to be located at the Broyhill Inn on ASU’s campus.
By consensus, the Board agreed that September 8th was the first choice for the meeting date with September 22nd being the second choice.
B3. DOT Public Hearing Request to Allow Citizen Comment on their Secondary Roads Program – County Manager Nelson stated that the Department of Transportation had requested to hold a public hearing on their Secondary Roads Program for FY 2009.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to schedule a public hearing for August 25, 2008, at 6:00 P.M. to allow public comment on the DOT’s Secondary Roads Program.
VOTE: Aye-5
Nay-0
C. NCACC Voting Delegate – County Manager Nelson stated that the North Carolina Association of County Commissioners annual conference was scheduled in late August in New Bern. The Association asked that each county attending appoint a voting delegate for representation at the business meeting on Saturday, August 23, 2008. Vice-Chairman Winkler stated that he planned to attend and was, therefore, available to serve as the County’s voting delegate.
Commissioner Kinsey, seconded by Commissioner Cooper, moved to appoint Vice-Chairman Winkler as Watauga County’s voting delegate for the 2008 North Carolina Association of County Commissioners Annual Conference.
VOTE: Aye-5
Nay-0
D. Boards and Commissions – County Manager Nelson stated that the Boone Town Council had nominated Lee Stroupe to serve as the ETJ member on their Board of Adjustment and Bob deCamara to serve as the ETJ alternate on their Board of Adjustment.
As this was the first reading, no action was required.
County Manager Nelson also stated that the Boone Town Council had advertised for applications for another ETJ alternate position on their Board of Adjustment and for the vacant ETJ position on their Planning Commission. Nominations for these positions were to be presented at a future meeting.
E. Announcements – County Manager Nelson announced that the Appalachian Regional Development Institute (ARDI) was holding its 8th Annual Leadership Summit, “Accelerating Our Economy: Tapping Creative Assets,” on Monday, August 11, 2008.
County Manager Nelson announced that the North Carolina Association of County Commissioners Annual Meeting was scheduled for August 21-24, 2008, in New Bern.
County Manager Nelson announced that BB&T Insurance Services, Inc., and Fireman’s Fund Insurance Company, invited the Board to attend their presentation of a Fireman’s Fund Heritage Grant to the Cove Creek Volunteer Fire Department on Friday, August 22, 2008, at 1:30 P.M. at the Cove Creek Volunteer Fire Department.
County Manager Nelson announced that the second meeting in August of the Board of Commissioners was rescheduled to Monday, August 25, 2008, at 6:00 P.M. and the first meeting in September was cancelled due to the holiday.
County Manager Nelson announced that the High Country Council of Governments’ Annual Banquet was scheduled for Friday, September 5, 2008, at Linville Ridge.
County Manager Nelson announced that the Board was invited to a 30 year Anniversary Celebration of the Lois E. Harrill Senior Center which was scheduled for August 26, 2008, from 9:30 A.M. to 11:30 A.M.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 10:33 A.M., Commissioner Moretz, seconded by Commissioner Cooper, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to resume the open meeting at 11:28 A.M.
VOTE: Aye-5
Nay-0
ADJOURN
The Chairman adjourned the meeting at 11:29 A.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board