• Watauga County Board of Commissioners

MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

WEDNESDAY, SEPTEMBER 8, 2010

 

 

            The Watauga County Board of Commissioners held a regular meeting on Wednesday, September 8, 2010, at 9:00 A.M. in the Commissioners’ Board Room of the Watauga County Administration Building.

 

                        PRESENT:       William R. Winkler, III, Vice-Chairman

                                                John Cooper, Commissioner

                                                Tim Futrelle, Commissioner

                                                Winston Kinsey, Commissioner

                                                Anthony di Santi, County Attorney

                                    Robert E. Nelson, Jr., County Manager

                                    Deron Geouque, Deputy County Manager

                                                Anita J. Fogle, Clerk to the Board

 

            Vice-Chairman Winkler called the meeting to order at 9:01 A.M., welcoming those in attendance.

 

            Vice-Chairman Winkler opened the meeting with a prayer.

 

                [Chairman Deal was attending a Board of Governors’ meeting which was scheduled prior to the date change of this meeting and, therefore, was not present.]

 

APPROVAL OF MINUTES

 

            Vice-Chairman Winkler called for additions and/or corrections to the August 17, 2010, regular and closed session minutes, and the August 18, 2010, special meeting minutes.

 

            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the August 17, 2010, regular meeting minutes as presented.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the August 17, 2010, closed session minutes as presented.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

            Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the August 18, 2010, special meeting minutes as presented.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

APPROVAL OF AGENDA

 

            Vice-Chairman Winkler called for additions and/or corrections to the September 8, 2010, agenda.

 

            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the September 8, 2010, agenda as presented.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

WATAUGA COUNTY FARMERS’ MARKET LEASE PROPOSAL

 

Mr. Joe Martin, President of the Watauga County Farmers’ Market, shared the history of the Market and stated that, after many years, the Market had outgrown its current location at the Horn in the West Parking Lot.  Mr. Martin stated that the Farmers’ Market Board formed a subcommittee to explore the availability of suitable sites for possible relocation.  Mr. Martin stated that their subcommittee recommended the Watauga County Human Services Center Parking Lot as an ideal location and the lay of the parking lot was conducive to the needs of the vendors and customers as well.  The Watauga County Farmers’ Market proposed to lease the Human Services Center Parking Lot for $1 per year with the Market defraying all costs associated with the operations of the Market.  If a lease was negotiated, the Market planned to use the parking lot space on Saturday mornings until approximately noon with their Wednesday morning Market to be located at an alternate location.  Mr. Martin stated that the Watauga County Farmers’ Market currently held $1,000,000 in insurance coverage and was willing to work with Appalachian State University as they currently used the space for shuttle parking on home football game days.

 

            By consensus, the Board agreed to table further discussion until after consultation with the County Attorney.

 

W.A.M.Y. COMMUNITY ACTION REPORT

 

Ms. Jane Lentz introduced herself, as the new Executive Director of W.A.M.Y. Community Action, and Mr. Andy Bryant, Director of W.A.M.Y.’s Weatherization Program.  Mr. Bryant then reported on the Weatherization Program which enabled low-income families to permanently reduce energy bills by making their homes more energy efficient, typically reducing heating bills by 31% and often resulting in a savings of over $500 per year locally.

 

This report was given for information only and, therefore, no action was taken. 

 

PLANNING AND INSPECTIONS MATTERS

 

            A.        Requested Allocation of Reimbursed CDBG Funds – Mr. Joe Furman stated that $19,335.36 in Community Development Block Grant (CDBG) funds were reallocated to the County as a result of repayment on a deferred home repair loan.  Mr. Furman stated that the funds must be spent on the current CDBG Scattered Site Housing (SSH) program.  The SSH Committee, appointed by the Board of Commissioners, requested the funds be spent first on the rehabilitation/replacement activities associated with the current SSH project, and if funds remained, they be used to supplement the emergency repair (local option) activities.

 

Commissioner Cooper, seconded by Commissioner Kinsey, moved to allocate the $19,335.36 in CDBG funds to the rehabilitation/replacement activities associated with the current CDBG Scattered Site Housing project with remaining funds, if any, to be allocated to supplement the emergency repair activities.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

            B.         Proposed Subdivision Performance Guarantee – Mr. Furman presented a subdivision performance guarantee for Reynolds Blue Ridge – Phase I (PUD) in the form of a cashiers check which had been deposited.  The subdivision performance guarantee was for road construction and pursuant to Section 92 of the Subdivision Regulations and had been approved by the staff pursuant to Section 81.06.   

 

Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the Subdivision Performance Guarantee as presented by Mr. Furman.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

C.        Road Name Public Hearing Request – Mr. Furman stated that, periodically, the Planning and Inspections Department requested a public hearing, as required by Statute, to officially adopt new private and public road names.  Mr. Furman presented a list of road names and requested that a public hearing be scheduled for the September 21, 2010, regular meeting to allow for public comment and to approve the list. 

 

Commissioner Futrelle, seconded by Commissioner Cooper, moved to set a public hearing for 6:00 P.M. on September 21, 2010, to allow for public comment and to consider adoption of public and private road names as submitted by the Planning and Inspections Department.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

D.        Update on the Hospitality House Project – Mr. Furman gave a status report on the Hospitality House Project which was partially funded through a Community Development Block Grant (CDBG).  Mr. Furman reported that several delays were experienced at the beginning of the project, including the relocation of utilities, grading issues, and most significantly the severe weather experienced throughout last winter.  The project had progressed well throughout spring and summer and should consist of inside work by the time bad weather arrives this year.  CDBG funds, in the amount of $308,459.81 (out of the $575,000 budgeted amount) had been spent in an equal proportion to other funds.  Mr. Furman reported that the ambitious goal was for the project to be finished by the end of the year.

 

The report was issued for information only and, therefore, no action was required.

 

REGIONAL HAZARD MITIGATION PLANNING PROPOSAL

 

Mr. Joe Furman stated that the County’s Hazard Mitigation Plan had previously been updated in-house.  However, the State Office of Emergency Management proposed that a regional hazard mitigation plan be developed, through grant funding, for Alleghany, Ashe, Watauga, and Wilkes Counties.  Local emergency management coordinators were to jointly hire a consultant/company to combine each of their multi-jurisdictional plans into a regional plan.  The goal was to acquire grant monies to proceed with the regionalization of the four plans with Ashe County to serve as the lead for the project and, therefore, manage grant funds for all involved parties.  Only actual costs incurred were to be eligible for reimbursement with no up-front monies to be issued to Ashe County or any other County.  The scope of work was to be determined by the four counties involved with input and guidance from North Carolina Emergency Management staff.  Grant funds, in the amount of approximately $68,000, were potentially available and were to be divided by the fifteen jurisdictions within the four counties.  All grant funds, including Watauga County’s share of $22,670, were to be directed through Ashe County, the lead agency, as grant funds were not available for award to any of the counties individually.

 

Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the submission of the grant application through the State Office of Emergency Management and to approve entering into the agreement with Alleghany, Ashe, and Wilkes Counties to prepare a regional hazard mitigation plan with Ashe County serving as the Lead Agency as presented.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

FINANCE MATTERS

 

A.        Budget Amendments – Ms. Margaret Pierce, Finance Director, presented the following budget amendments for Board approval:

 

Account #                    Description                                                              Debit            Credit

105911-463000           Wat. Co. Schools Annual Allocation                 $169,095

109800-498013           Transfer to School Capital Outlay Funds                                $169,095

133980-398100           Transfer from General Fund                              $169,095

135912-459001           Current Year Capital Outlay                                                  $169,095

 

            The amendment transferred funding from current capital to current expense per Board of Commissioner approval at the August 17, 2010, regular meeting as requested by the Board of Education.

 

Account #                    Description                                                              Debit            Credit

103300-343101           Gov. Crime Commission Grant                                                  $7,740

104310-444000           WSO-Service/Maint Contracts                                                  $2,580

104210-452004           Capital Outlay-WSO IT grant                             $10,320

 

            The amendment recognized grant funds awarded for computer equipment, software services, and matching funds.

 

Account #                    Description                                                              Debit            Credit

143531-323000           Admin Cost Reimbursement Fed/State                                       $1,652

145410-440005           Family Violence Prevention Services                     $1,652

 

            The amendment recognized funding received under the Family Violence Prevention Services Act.  These funds were to assist with domestic violence services through September 2010.  The State Division of Health and Human Services was providing a 20% required match.

 

Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the budget amendments as presented by Ms. Pierce.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

B.         Surplus Property Request – Ms. Pierce presented a list of property and requested the items be surplused and subsequently sold through GovDeals, recycled, or scrapped as appropriate.

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to surplus the property as presented by Ms. Pierce and to authorize the property to be recycled, scrapped, or listed for sale on GovDeals.com as requested.

 

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

            C.        Re-Financing Proposal for WHS Loan – Ms. Pierce stated that BB&T had offered a rate modification for the 2008 financing for the new Watauga High School project.  Financing was structured through two loans in the amounts of $40,500,000 and $25,000,000.  The rate modification offered a rate reduction of 50 basis points and included approximate 18 year terms and an interest rate of 3.67% for each of the loans.  Ms. Pierce stated that the County was to save approximately $92,000 in the current year and $316,250 next year.  Interest savings over the life of the loans were to be approximately $3,000,000 and, as this was a rate modification and not a refinance, there were no fees involved.  Ms. Pierce stated that the Local Government Commission (LGC) had been consulted and were supportive of the rate modification in that it was to save the County a substantial amount of money.

 

            Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the rate modification with BB&T for the two high school project loans as presented by Ms. Pierce.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

TAX MATTERS

 

            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of August 2010.

 

B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for August 2010 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the Refunds and Releases Report for August 2010, as presented.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

BOARD OF ELECTIONS GRANT REQUEST

 

            County Manager Nelson stated that the Board of Elections had applied for a grant and received an award in the amount of $23,480 through the State Board of Elections for interior/voting process accessibility improvements.  The funds were to be used for 25 voting booths with lights.  The County Manager requested the application be approved retroactively and the funds be accepted.

 

            Commissioner Kinsey, seconded by Commissioner Futrelle, moved to authorize the submission of the State Board of Elections grant application and accept the grant award in the amount of $23,480 as presented.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

MISCELLANEOUS ADMINISTRATIVE MATTERS

 

A.        Construction Management Contingency Requests #’s 71-77 for New High School – County Manager Nelson presented Construction Management Contingency Requests #’s 71-77 as follows:

 

CO #

Amount

Summary

71

$5,254.02

Includes gas service to the science classrooms; service to the water heater and water meter; repair of a fire hydrant; and service to a grease trap and also a backflow preventer.

72

$2,075.96

For corrective work as requested by the Town of Boone during the Town inspection for sewer manhole covers and smoke vents.

73

$6,181.00

To address raising the pressure backflow assembly that serves the main building as required by the Town of Boone during their final inspection process.

74

$682.84

For additional trim work that was requested by the School Board on the auditorium balcony stairs

75

$200.00

To furnish a permanent water meter for the main building that was previously overlooked.

76

$9,870.00

For corrective work regarding site utilities surrounding the building and classroom wing courtyards.  This was to ensure proper draining in these areas.  These changes were as recommended by the civil engineers during their final inspections.

77

$14,753.50

For additional work including removal of sidewalks and the installation of handicap accessible ramps around the out building as required by the Town of Boone during their final inspection.

 

$39,017.32

Total

 

            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve Construction Management Contingency Requests #’s 71-77 in the total amount of $39,017.32 and as presented by the County Manager.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

B.         Sheriff’s Office Out-of-State Travel Request – County Manager Nelson stated that the Sheriff’s Office requested out-of-state travel for a drug officer to attend training in dealing with the illegal use of prescription drugs.  The training was deemed necessary by the Sheriff’s Office and funds were present in the Sheriff’s budget.

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the out-of-state travel request as submitted by the Sheriff’s Office.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

C.        Resolution Authorizing Removal of Vital Records for Restoration – County Manager Nelson stated that the Register of Deeds Office was in the process of restoring vital records of irreplaceable historical value dating back to 1914.  As part of the restoration process, the records were to be temporarily removed from the Courthouse.  The restoration process and removal of documents was approved by the Board at the August 3, 2009, meeting.  Register of Deeds JoAnn Townsend stated that the School of Government had recommended that a formal resolution be adopted prior to the temporary removal of the records.

 

            Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the resolution as presented.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

D.        DOT South Fork Greenway Enhancement Agreement – County Manager Nelson stated that the Department of Transportation had forwarded an enhancement agreement for preliminary engineering and design of the South Fork Greenway located in Watauga County.  The design was to detail the Greenway traveling under the bridge crossing the New River on Hwy 421 in the Brookshire Park area.  The agreement included the Department of Transportation funding up to $45,000 to create an engineered plan and make the project “shovel-ready” for future DOT funding to complete the project.

 

            Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the Greenway Agreement between the North Carolina Department of Transportation and Watauga County as presented by the County Manager.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

E.         Probation Office Space Lease Agreement – County Manager Nelson stated that the State of North Carolina began requiring counties to furnish space at no cost for court-related functions a few years ago.  Even though the County did not receive funds from the State for Probation and Parole Office space, the Department of Correction required a lease be executed detailing stipulations of the lease. 

 

            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the lease agreement for Probation and Parole Office space as presented.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

F.         Boards and Commissions – County Manager Nelson stated that two terms on the Watauga County Board of Adjustments were set to expire in November.  Ms. Jane Nicholson, the current Chair, and Ms. Janet Beck, the current Vice-Chair, both agreed to serve an additional three-year term if re-appointed.

 

County Manager Nelson stated that several terms were set to expire on the Watauga County Recreation Commission.  Stephen Poulos, Parks and Recreation Director, had mailed letters requesting nominees for the appointments of the various community representatives.

 

County Manager Nelson stated that Boone Fire Chief Jimmy Isaacs had requested that the Board of Commissioners appoint Bobby Sherrill and Reggie Hassler to the Local Firefighters Relief Fund Board of Trustees.

 

County Manager Nelson presented the following recommendations for appointment to the Watauga County Library Board:  Ms. Diane Sides’ term, if appointed, would expire in August 2014 and Ms. Kathy Idol’s term, if appointed to fill an unexpired term, would expire in August 2011.

 

County Manager Nelson also presented a recommendation for Mr. George Bard, who currently serves on the Watauga County Library Board, to be appointed to fill an unexpired term which was set to expire in August 2011 as the Watauga County representative to the Appalachian Regional Library Board of Trustees.

 

            All of the above were first readings and, therefore, no action was required at this time.

 

            Commissioner Cooper, seconded by Commissioner Futrelle, moved to waive the second readings and make the following appointments:  Ms. Diane Sides, for a four-year term to the Watauga County Library Board; Ms. Kathy Idol, to fill an unexpired term through August 2011, to the Watauga County Library Board; and Mr. George Bard, to fill an unexpired term through August 2011, to the Appalachian Regional Library Board of Trustees.

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

G.        Announcements – County Manger Nelson announced that a joint meeting was scheduled for Wednesday, September 15, 2010, at 6:00 P.M. with the Caldwell Community College and Technical Institute’s Board of Trustees.  The dinner meeting was to be held at the CCC&TI Watauga Campus on White Oak Road.

 

            County Manager Nelson announced that the Board was invited to attend a fundraiser held by Appalachian Senior Services on September 25, 2010, from 9:00 A.M. to 2:00 P.M. at the Laurel Springs Baptist Church Parking Lot.

 

County Manager Nelson announced that the Board had been invited to a meeting, hosted by Representative Cullie Tarleton, at which Economic Development was to be discussed with J. Keith Crisco, Secretary of the Department of Commerce.  The meeting was scheduled for Monday, September 27, 2010, at 2:00 P.M. in the Commissioners’ Board Room.

 

County Manager Nelson announced that the next Intergovernmental Retreat was scheduled for Tuesday, September 28, 2010, at 5:30 P.M. at the Broyhill Inn and Conference Center.  This was a dinner meeting hosted by Watauga County.

 

PUBLIC COMMENT

 

Ms. Deborah Greene shared her concerns regarding an email concerning the recent Sales Tax Referendum.

 

Dr. Stephanie West encouraged the Board to continue with plans for a recreation center.

 

Vice-Chairman Winkler shared comments regarding the recent Sales Tax Referendum.

 

CLOSED SESSION

 

            At 10:24 A.M., Commissioner Futrelle, seconded by Commissioner Kinsey, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).

 

VOTE:   Aye-4(Winkler, Cooper, Futrelle, Kinsey)

              Nay-0

              Absent-1(Deal)

 

Commissioner Futrelle, seconded by Commissioner Kinsey, moved to resume the open meeting at 11:09 A.M.

VOTE:   Aye-3(Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-2(Deal, Cooper)

 

                [Note:  Commissioner Cooper left the meeting at 11:06 A.M., while the Board was in closed session, to travel to another meeting.]

 

ADJOURN

 

Commissioner Futrelle, seconded by Commissioner Kinsey, moved to adjourn meeting at 11:09 A.M.

 

VOTE:   Aye-3(Winkler, Futrelle, Kinsey)

              Nay-0

              Absent-2(Deal, Cooper)

 

William R. Winkler, III, Vice-Chairman

 

ATTEST:                                                                    

Anita J. Fogle, Clerk to the Board