MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 12, 1999
The Watauga County Board of Commissioners held a regular meeting on Monday, April 12, 1999 at 9:00 A.M. in the Board Room of the Watauga County Courthouse.
PRESENT: Jimmy Hodges, Chairman
Sue Sweeting, Vice-Chairman
James Coffey, Commissioner
Art Kohles, Commissioner
Jack Lawrence, Sr., Commissioner
Jeff Hedrick, County Attorney
Barry J. Reed, County Manager
Libby Link, Clerk to the Board
Chairman Hodges called the meeting to order at 9:00 A.M. welcoming those in attendance.
A moment of silence was observed.
APPROVAL OF MINUTES
Chairman Hodges called for additions or corrections to the March 16, 1999 regular and closed session minutes.
Commissioner Coffey seconded by Commissioner Lawrence, moved to approve the March 16, 1999 regular and closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Vice-Chairman Sweeting seconded by Commissioner Kohles, moved to approve the agenda for the April 12, 1999 regular meeting as presented.
VOTE: Aye-5
Nay-0
PUBLIC HEARING – COUNTY GOVERNMENT
AMENDMENT TO THE CDBG PROJECT
Chairman Hodges declared a public hearing open at 9:03 A.M. to consider amending the CDBG Project.
Planner II, Brent Graybeal, requested the Board amend the CDBG program for the rehabilitation of one additional house. Mr. Graybeal explained that the County had some funds available which needed to be spent by June 30, 1999. He stated there was an individual who wished to participate in the program and requested the Board approve this request.
There being no public comment, Chairman Hodges declared the public hearing closed at 9:05 A.M.
Commissioner Coffey seconded by Vice-Chairman Sweeting, moved to approve this request.
VOTE: Aye-5
Nay-0
CABLE TELEVISION FRANCHISE TRANSFER
Tony Barlage, Regional Manager, Helicon Cable Communications (HCC) addressed the Board regarding the County’s cable television system. He stated the owners of HCC had entered into an agreement with Charter Communications, Inc. (CCI) which would result in the transfer of the cable television system serving the community. Mr. Barlage felt that the sale to CCI would be very beneficial to the County’s residents noting that the system should be improved. The franchise agreement between HCC and the County as well as FCC regulations required HCC and CCI to submit a formal request for the Board’s consent for the proposed transfer of control from HCC to CCI. HCC Attorney, Richard Hainbach, also answered questions regarding the cable television system.
Several commissioners voiced concerns about recent rate increases which was most detrimental to residents on fixed incomes. In addition, the Board requested an outline (or a plan) as to what could be expected on the overall operation. Mr. Barlage acknowledged the Board’s concerns, stated he would discuss this issue with parties at CCI and give a report at the Board’s next regular meeting scheduled for May 3, 1999.
Jim Harmon, Veterans Service Officer/Safety Director, stated the Board had 120 days (from March 29, 1999 which was when notification of the transfer had been received) to make a decision about this transfer. In addition, Mr. Harmon felt this was a good opportunity to make any changes to the franchise (i.e. a requirement that there was a basic tier or package for those who could not afford the full cable service). Chairman Hodges reiterated the Board’s concerns in the rate increases and its commitment to consider the best interests of the County’s citizens.
SUPPORT OF H476/S480 RELATIVE TO RURAL ELECTRIC COOPERATIVES
County Manager Reed stated a request had been received from Blue Ridge Electric Membership Corporation (EMC) for approval to diversify their business interests. A resolution was received from Blue Ridge EMC for the Board’s adoption in support for H476/S480 currently under consideration at the Legislature. Mr. Reed explained that state law forbids EMCs from providing any service other than electrical service, however, Duke Power and Carolina Power & Light Company had both expanded into other business ventures. Board members noted that Blue Ridge EMC had always contributed to the community.
Commissioner Coffey seconded by Commissioner Lawrence, moved to support this resolution.
VOTE: Aye-5
Nay-0
RESOLUTION BOOK #9, PAGE #57
REQUEST FOR N.C. DOT TO DEVELOP A FORMAL ACCESS POINT TO THE WATAUGA RIVER AT SR 1200/US 321
County Manager Reed stated a request had been received from Cleo Smith in support of the N.C. Department of Transportation (DOT) to construct/make available public access to the Watauga River at the intersection of SR 1200 (Guys Ford Road) and Highway U.S. 321. N.C. DOT had planned to replace the bridge at this location, and Mr. Smith asked the Board to write a letter of support for this concept to N.C. DOT. Vice-Chairman Sweeting stated that since the County was promoting tourism, she felt this would be beneficial. Commissioner Lawrence voiced concerns about individuals having parties and possibly leaving unsightly trash, etc. County Manager Reed stated N.C. DOT would be responsible for cleanup of the area.
Vice-Chairman Sweeting seconded by Commissioner Kohles, moved to write a letter to N.C. DOT in support of this request.
VOTE: Aye-5
Nay-0
County Manager Reed added he would address the concerns about cleanup, maintenance, etc. in the letter written to N.C. DOT.
UPDATE ON WAMY COMMUNITY ACTION, INC.
James Jordan, Executive Director, W.A.M.Y. Community Action, Inc. updated the Board on the services W.A.M.Y. provided to meet the needs of citizens in the County. He added that W.A.M.Y. also helped individuals to become more self-sufficient and thanked the Board for their continued support.
ALLOCATION OF FY 2000 HOME AND COMMUNITY CARE BLOCK GRANT FUNDS
Project on Aging (POA) Director, Rocky Nelson, stated notification had been received from Region D Council of Governments that an additional $1,000 in Home and Community Block Grant funding was available to the County for expenditure in fiscal year 1999. He added that these funds required a local match of $111, which was present in POA’s budget. Mr. Nelson noted the County had an arrangement with Watauga Medical Center to provide a comprehensive blood-screening test to County residents over aged 60. He stated 465 individuals participated in the screening last year, and the additional $1,000 would enable POA to provide 45 additional tests.
Account # Description Debit Credit
103586-332000 Home & Comm. Block Grant 1,000
105550-469511 Cont. Ser.-Health Screenings 1,000
Commissioner Coffey seconded by Commissioner Lawrence, moved to approve this request.
VOTE: Aye-5
Nay-0
BACK FILE CONVERSION OF REGISTER OF DEEDS PUBLIC RECORDS
Register of Deeds, Wanda Scott, addressed the Board regarding approval of funding for a digital back-file conversion of public records in her office. This project would provide all records in a digital format and allow for computerized viewing. In addition, it would allow off-site viewing for other County departments as well as attorneys, realtors, etc. Ms. Scott stated it was very difficult finding storage space at the courthouse and that hopefully this conversion would allow her office to move the written records off-site and alleviate the lack of space for the Register of Deeds office. She had discussed this proposition with various vendors regarding this project and recommended Record and Media Specialists. The project was expected to take six to nine months to complete and would be done at a cost of $.04 per image for a total cost of $42,500. County Manager Reed stated the County had placed $32,000 in the capital reserve fund towards this project. He added the additional $10,500 was available in the capital reserve fund or the Board could allocate funds in the next fiscal year’s budget since it was going to take six to nine months to complete the project.
Account # Description Debit Credit
213991-399101 Fund Balance Approp. New 32,000
219800-498010 Transfer to Gen. Fund 32,000
103980-398000 Transfer from Other Funds 32,000
104180-469500 Contracted Services 32,000
Commissioner Coffey seconded by Commissioner Lawrence, moved to proceed with the project with Record and Media Specialists as recommended and to budget for the additional funds $10,500 in next year’s budget (fiscal year 1999/2000).
VOTE: Aye-5
Nay-0
ACCEPTANCE OF ADDITIONAL STATE FUNDS FOR THE PROJECT ON AGING
Barbara Barghothi, Administrator, Area Agency on Aging with Region D Council of Governments, presented the Home and Community Care Block Grant Advisory Board’s recommendation for allocations of aging funds for fiscal year 1999/2000. She stated the Advisory Board had met twice and that this proposed budget was a slight increase from last year’s budget. Watauga County was to receive $218,864 which required $24,318 in local match. Following is the Advisory Board’s recommendations for allocation:
HCCBG Match Service
$ 30,000 $ 3,333 Congregate Meals
$ 64,080 $ 7,120 Home Delivered Meals
$107,145 $11,905 In-Home Aide
$ 11,462 $ 1,274 Transportation
Non-HCCBG Match Service
$ 6,177 $ 686 Health Screening
Commissioner Lawrence seconded by Commissioner Coffey, moved to approve the Home and Community Care Block Grant’s proposed budget and allocations as presented.
VOTE: Aye-5
Nay-0
CONSIDERATION OF DECLARING ITEMS AS SURPLUS
County Manager Reed stated there were two items, which needed to be addressed relating to surplus property.
The first request from the Finance Office involved items from various departments. Most of the items no longer existed but remained on the County’s fixed assets inventory. Following was a list of the assets:
Removal of Assets – Fire Marshall-Emergency Management
In an effort to accurately maintain and track fixed assets, the Fire Marshall-Emergency Management Department was asked to verify the mobile equipment in their custody. In response to their verification, some items on their fixed asset record could not be located. The Finance Office requested the Board declare these assets as surplus property and grant authorization for the items to be removed from the asset record.
Asset # Description Acquired Cost
01235 Plectron Receiver 03-01-1978 $ 162.99
01236 Plectron Receiver 03-01-1978 162.99
01399 Motorola Console Radio 01-01-1977 $6,122.00
01803 Mobile Radio-LEO 845 06-01-1978 $ 585.00
01803-1 Mobile Radio-LEO 845 06-01-1978 $ 585.00
02763 Motorola Receiver 1212AN 04-01-1977 $ 300.00
04805 Pager Radio 12-01-1981 $ 240.00
08693 Uniden Cell Phone 03-15-1991 $ 349.00
Justification: These items had been on the asset record for several years. Prior to Lisa Shoun being hired as the current Fire Marshall, the Finance Office was unable to obtain verification of the equipment assigned to Emergency Management. The equipment verification done by Ms. Shoun’s staff in April, 1998, showed that the above equipment could not be located.
Removal of Assets from the Fixed Asset System
In an effort to accurately maintain and track fixed assets, several departments had recently been asked to verify their fixed asset inventory. According to their responses, the following assets were no longer in their custody as noted by the justification for removal of each asset. The Finance Office requested the Board declare the following assets surplus property and authorize the Finance Department to remove the items from the fixed asset record.
Asset # Department Description Acquired Cost
5004 DSS Steel Desk Prior to 11/87 0*
*Per physical inventory 11/87, original cost could not be determined
Justification: Per paperwork done by DSS to surplus in 9/97, the item was transferred to surplus storage. When the surplus property auction was held in 5/98, this item could not be located.
5094 DSS Sharp Calculator 11-13-87 0*
*Per physical inventory 11/87, original cost could not be determined
Justification: Per paperwork done by DSS to surplus in 9/97, the item was transferred to surplus storage along with several other old calculators. When the surplus property auction was held in 5/98, this item could not be located.
2044 DSS Green Chair Prior to 11/87 0*
*Per physical inventory 11/87, original cost could not be determined
Justification: Per paperwork done by DSS to surplus in 9/97, the item was transferred to surplus storage. When the surplus property auction was held in 5/98, this item could not be located.
04115 Library Printer Stand 11-14-85 $275.00
for Minolta RP 407-E Reader Printer
Justification: Per paperwork done by the Library to surplus this item in 3/98, this item was requested to be transferred to storage along with the printer stand. When the maintenance department went to pick up the printer and stand, the stand could not be located. The printer was moved to storage and sold at the surplus property auction held in 5/98.
08573 Maintenance Versamatic 14" Vacuum 08-27-90 $354.75
Justification: Requested to be declared as surplus by the Maintenance Department in 4/98. The vacuums were disassembled and used for parts on other machines when they no longer functioned well.
08574 Maintenance Versamatic 14" Vacuum 08-27-90 $354.75
Justification: Requested to be declared as surplus by the Maintenance Department in 4/98. The vacuums were disassembled and used for parts on other machines when they no longer functioned well.
05244 Maintenance Lawn Boy Push Mower 10-15-87 0*
*Per physical inventory 11/87, original cost could not be determined
Justification: Requested to be declared as surplus by the Maintenance Department in 2/99. The mowers were disassembled and used for parts on other mowers when they no longer functioned well.
07846 Maintenance Lawn Boy Mower 08-10-87 $352.93
Justification: Requested to be declared as surplus by the Maintenance Department in 2/99. The mowers were disassembled and used for parts on other mowers when they no longer functioned well.
8606 Project on Aging Okidata 321 Printer 11-09-90 $577.73
Justification: Requested to be declared as surplus by Project on Aging in 9/98. The printer was disassembled and used for parts on other Okidata 321 printers.
10133 Parks & Rec. Sanyo Color Television 07-28-97 $229.00
Justification: This television was stolen in 4/98 from the old Cove Creek Gym. Property was not recovered.
08911 Jail Maytag Washer 06-25-92 $560.00
Justification: Washer was replaced with a new one in 11/98 when it became irreparable. This item was removed from the jail by the provider of the new machine.
Commissioner Lawrence seconded by Commissioner Coffey, moved to declare all of the above items as surplus property and to remove the items from the County’s inventory.
VOTE: Aye-5
Nay-0
Secondly, County Manager Reed stated he had received a memo from Board of Elections Director, Jane Ann Hodges, requesting the Board declare 22 PBC-2 Counters as obsolete and grant permission to Ms. Hodges to negotiate the sell of the counters. It was noted the counters had no value.
Commissioner Kohles seconded by Commissioner Coffey, moved to declare 22 PBC-2 Counters as obsolete and to allow the Board of Elections to sell them.
VOTE: Aye-5
Nay-0
REQUEST FOR A COMPREHENSIVE STUDY OF AMBULANCE SERVICES
Commissioner Kohles stated he would like the Board to seek a comprehensive study of ambulance services from Region D Council of Governments (COG). He stated he had been informed by Region D COG that a written request could be made for such a study at no cost to the County. The study should include information relative to training, County support, levels of service, demographics, staffing, calls and transports, charges, budgets, etc.
Commissioner Kohles seconded by Vice-Chairman Sweeting, moved to send a written request for a study as indicated above to Gary Johnson, Supervisor, Western Regional Office of Emergency Management.
VOTE: Aye-5
Nay-0
FACILITY AGREEMENTS BETWEEN PARKS & RECREATION AND COMMUNITY PARKS
Parks & Recreation Director, Deb Wynne, presented facility agreements for the Valle Crucis Community Park and the Foscoe/Grandfather Community Center. Ms. Wynne stated these agreements enabled the County and these parties to have a more formal agreement which could be amended each year if necessary. These are standard agreements used with other facilities, and Ms. Wynne recommended Board approval.
Vice-Chairman Sweeting seconded by Commissioner Kohles, moved to approve the agreements between Parks & Recreation and the Valle Crucis Community Park and Foscoe/Grandfather Community Center as presented.
VOTE: Aye-5
Nay-0
REDIRECTION OF FUNDS WITHIN PARKS & RECREATION FOR IMPROVEMENTS AT OLD COVE CREEK PARK COMPLEX
Parks & Recreation Director, Deb Wynne, requested permission to utilize $3,318 within the Parks & Recreation budget to be applied towards the ¼ mile walking trail at the Old Cove Creek Park complex. Ms. Wynne had been working with the Blue Ridge Conservation and Development Council and the Cove Creek Preservation and Development Council for over two years on improvements to the park’s grounds. Bids were requested to jointly pave a full court basketball area and a ¼ mile walking trail. The low bidder, Moretz Paving, agreed to do the total project for $17,210. Two grants totaling $8,892 had been awarded toward this project, and Parks & Recreation was appropriated $5,000 for paving the basketball court. The remaining $3,318 was in Parks & Recreation’s 1998/1999 budget and was needed to complete this project. Upon being asked by Chairman Hodges regarding whom would maintain the road (the Cove Creek Preservation and Development Council or the N.C. Department of Transportation (DOT), Ms. Wynne stated she would investigate and get this matter resolved. County Manager Reed stated the N.C. DOT would be at the Board’s next regular meeting scheduled for May 3, 1999, and the Board could address this issue with N.C. DOT at that time.
Commissioner Lawrence seconded by Vice-Chairman Sweeting, moved to approve this request.
VOTE: Aye-5
Nay-0
A recess was declared at 10:28 A.M.
The meeting resumed at 10:40 A.M.
SUSTAINABLE TOURISM WEEK PROCLAMATION
Cooperative Extension Director, Sue Counts, requested the Board declare April 12-18, 1999 as Sustainable Tourism Week in Watauga County. She stated people came to the high country because of its natural beauty, and it was important to focus on tourism in order to offer more for visitors. In addition, Ms. Counts informed the Board of a conference on Sustainable Tourism to be held on April 17 and 18, 1999 at the Blowing Rock Assembly Grounds in Blowing Rock and encouraged Board members to attend.
Vice-Chairman Sweeting seconded by Commissioner Lawrence, moved to declare April 12-18, 1999 as Sustainable Tourism Week in Watauga County.
VOTE: Aye-5
Nay-0
FOSTER CARE IN WATAUGA COUNTY
DSS Director, Jim Atkinson, provided the Board with general information regarding the number of children in custody of DSS, information on recruitment and retention, requirements to become a foster parent as well as an application and information about becoming a foster parent. This information was provided due to a concern (initiated by the League of Women Voters) that had been addressed at the Board’s February 1, 1999 meeting. Mr. Atkinson stated there were 28 children currently in DSS’ custody. Watauga County did not have any treatment facilities or high maintenance group homes, therefore, 14 of the children were placed out of the County. Mr. Atkinson discussed suggestions on how the Board could assist with recruiting foster parents.
Following discussion, Vice-Chairman Sweeting seconded by Commissioner Kohles, moved to form a task force which should include the DSS Director, a DSS Social Worker who served with foster care children, a foster care parent, a representative from the League of Women Voters and the DSS Attorney to explore possible solutions relative to this issue.
Prior to the vote, Mr. Atkinson agreed to provide the Board with a progress report concerning this matter in six months.
VOTE: Aye-5
Nay-0
TAX MATTERS
Monthly Collections Report – Tax Administrator, Larry McLean, presented the Tax Collections Report for the month of March, 1999.
Refunds and Releases – Tax Administrator McLean presented the following Refunds and Releases for March, 1999 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Coffey seconded by Commissioner Lawrence, moved to approve the Refunds and Releases Report as presented.
VOTE: Aye-5
Nay-0
DEVELOPMENT OF A NUISANCE ABATEMENT ORDINANCE
County Manager Reed stated that at the Board’s last meeting (March 16, 1999) the Board had voted to contact the local legislation to give the County authority to consider establishing a Nuisance Abatement Ordinance. However, the legal staff at the Legislature’s Bill Drafting office indicated the Board had sufficient authority under general ordinance making powers to enact such an ordinance. It would be necessary to define exactly what constituted a nuisance and means of enforcement. The Board discussed the pros and cons of establishing a nuisance abatement ordinance. In addition, M. R. Carlson and Rachel Hartley voiced their opinions regarding this matter. Following discussion, no Board action was taken.
LEGISLATIVE PROPOSALS FOR AN ADDITIONAL 1% SALES TAX
During the past month, County Manager Reed had received two requests from N.C. counties endorsing their requests for an additional 1% local sales tax. Mr. Reed stated the Board might want to pursue this option for the County.
After brief discussion, Commissioner Coffey seconded by Commissioner Kohles, moved to approve a resolution supporting an additional 1% local sales tax with limited restrictions on use of the proceeds.
VOTE: Aye-5
Nay-0
RESOLUTION BOOK #9, PAGE #59
CONSIDERATION OF APPOINTMENTS
County Manager Reed noted that Walter Green had agreed to continue to serve on the Blowing Rock Board of Adjustment from the Extraterritorial Jurisdiction for a 3-year term.
Vice-Chairman Sweeting seconded by Commissioner Coffey, moved to re-appoint Walter Green as the Blowing Rock Board of Adjustments Extraterritorial Representative for a 3-year term.
VOTE: Aye-5
Nay-0
It was noted that Roger Wright’s term had expired effective March 31, 1999 on the Extraterritorial Jurisdiction Boone Minimum Housing Appeals Board but to date no nominations had been received. It was the consensus of the Board to discuss at a future meeting.
The Boone Town Council was forming a task force to study development and appearance issues in the Howard’s Knob/Rich Mountain area. The Council requested that the Board appoint a commissioner, staff member or citizen of the County to serve on this task force. Vice-Chairman Sweeting stated she would get names of individuals who wished to serve on this task force for discussion at a future meeting.
In addition, the Watauga County JobLink Career Center was interested in forming a JobLink Management Team and requested a commissioner serve on this Board. Before making an appointment, the Board requested additional information to discuss at the Board’s next regular meeting scheduled for May 3, 1999.
MISCELLANEOUS ADMINISTRATIVE MATTERS
County Manager Reed had distributed several miscellaneous items, none of which required Board action.
CLOSED SESSION
Commissioner Lawrence seconded by Vice-Chairman Sweeting, moved to enter closed session at 11:47 A.M. to discuss: Attorney/Client Matters, Landfill Litigation – G.S. 143-318.11(a)(3), and Property Acquisition – G.S. 143-318.11(a)(5)(i). Following a brief recess, the Board entered closed session at 11:57 A.M.
VOTE: Aye-5
Nay-0
Commissioner Lawrence seconded by Vice-Chairman Sweeting, moved to resume the regular meeting at 12:50 P.M.
VOTE: Aye-5
Nay-0
Commissioner Lawrence seconded by Commissioner Coffey, moved to finalize the landfill settlement with the Town of Boone in accordance with the consent judgment drafted by David Paletta.
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Coffey seconded by Commissioner Lawrence, moved to adjourn the meeting at 12:52 P.M.
VOTE: Aye-5
Nay-0
___________________________
Jimmy Hodges
Chairman
ATTEST:
______________________________
Elizabeth H. Link
Clerk to the Board