WATAUGA COUNTY

MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, SEPTEMBER 21, 2010

 

            The Watauga County Board of Commissioners held a regular meeting on Tuesday, September 21, 2010, 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

                                                Tim Futrelle, Commissioner

                                                Winston Kinsey, 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 6:01 P.M., welcoming those in attendance.

 

            Chairman Deal opened the meeting with a prayer.

 

APPROVAL OF MINUTES

 

            Chairman Deal called for additions and/or corrections to the September 8, 2010, regular meeting and closed session minutes.

 

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

 

VOTE:   Aye-5

              Nay-0

 

            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the September 8, 2010, closed session minutes as presented.

 

VOTE:   Aye-5

              Nay-0

 

APPROVAL OF AGENDA

 

            Chairman Deal called for additions and/or corrections to the September 21, 2010, agenda.

 

            County Manger Nelson requested to add the following items to the agenda:

·         Watauga Medical Center Loan Modification Request

·         Proposed Resolution Approving the Purchase of Property by Smoky Mountain Center, Local Management Entity

·         Requested Approval for Brush Grinding Contract

·         Bid Award Request for Watauga County Parking Lot Rehabilitation Projects

 

The County Manager also requested to re-title item # 7 as follows:  Report from ASU Consultant Regarding SfL+a’s Request to Utilize the Energy Efficient Commercial Building Tax Deduction.

 

            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to approve the September 21, 2010, agenda as amended.

 

VOTE:   Aye-5

              Nay-0

 

PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON PUBLIC AND PRIVATE ROAD NAMES

 

Chairman Deal declared the public hearing open at 6:04 P.M. to allow for comment on new public/private road names that have been added to the master road name list since the last public hearing.

 

            Mr. Joe Furman, Planning and Inspections Director, presented the following list of new road names:

 

BALD MTN TWP Goat Hill Road* Hidden Forest Trail*   BEAVER DAM TWP Ancient Oaks Road* Oso Drive* Pavo Drive* Shady Oak Lane* Venado Trail*   BLOWING ROCK TWP Black Jack Mountain Bluelake Drive* Change Edgefield Lane to Thunder Wood Trail* Chestnut Valley Drive* Ridge Top Run*   BLUE RIDGE TWP Bella Drive* Holden Drive* On the Rocks Trail Tuckwiller Lane

BRUSHY FORK TWP Pinnacle Hills Drive* Samuel Lane* Sun Haven Lane* Willies Way   COVE CREEK TWP Dean Lane   ELK TWP Sleepy Creek Trail* Mitchell Fields Road Pinnacle Bluff* Quail Trail* Silverstone Farms Road* Speckled Fawn Trail* Tuckwiller Lane Watson Gap Road*   LAUREL CREEK TWP Greene Farm Trail Raven Rocks Farm Road* Spice Ridge Sunrise Vista Lane Toms Knob Lane Yellowrock Road

MEAT CAMP TWP Angela Way* Armfield Roost Road* Castle View Lane* Cherry Blossom Drive Gene Honeycutt Drive Meadow Acres Drive* Moonlight Drive Moses Springs Road Old Woods Road* Pickatree Lane   NEW RIVER TWP Blueridge View Trail Hunters Trail* Madisyn Oaks Lane* Pinnacle Bluff* Redwood Lane South Fork Lane Village Cove Lane* Westin Way   NORTH FORK TWP Big Spring Nvno* Moon Shine Nvno* Old Indian Nvno*

SHAWNEEHAW TWP Elk Laurel Dr* Falls Ridge Lane* Glen Creek Little Lane* Sunrise Vista Lane   STONY FORK TWP Dare Lane Hillside Trail   WATAUGA TWP Antietam Wild Road* Brooklyn Gap Drive* Buckeye Knob* Change Painted Skies to Chalakee Trail* Echo Hollow Drive* Falls Hollow Road Fishing Village Drive* Heritage D&V Lane* Indigo Overlook* Jakala Trail* Makenzie Lane* Old Locust Lane* Valle Meadows Trail* Valley Way* Wasatch Drive*

 

*     Indicates roads named in recorded subdivision.

            There being no public comment, Chairman Deal declared the public hearing closed at 6:06 P.M.

 

            Commissioner Cooper, seconded by Commissioner Futrelle, moved to adopt the public and private road names as presented.

 

VOTE:   Aye-5

              Nay-0

 

SHERIFF’S OFFICE PROPOSED AGREEMENT FOR MEDICAL SERVICES

 

            The Sheriff presented a proposed contract with Competent Correctional Care, Inc., to provide health and prescription services for inmates in the County jail.  The proposed contract was to provide increased medical services along with a reduction in prescription costs.  The Sheriff stated that current budgeted amounts were sufficient to cover the cost of the new contract

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the contract, contingent upon the County Attorney’s review.

 

VOTE:   Aye-5

              Nay-0

 

BUDGET AMENDMENTS

 

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

 

Account #                 Description                                                                    Debit               Credit

104170-449901        Equipment Grant                                                       $23,480

103300-341700        State Board of Elections Grant                                                          $23,480

 

            The amendment, which was approved at the September 8, 2010, Board meeting, recognized grant funding for ADA accessible voting booths and lights.

 

Account #                 Description                                                                    Debit               Credit

103586-332006        SHIIP Grant                                                                                       $4,471

105550-449901        SHIIP Grant Expenditures                                          $4,471

 

            The amendment recognized grant funds awarded for SHIIP services through Project on Aging.

 

Account #                 Description                                                                    Debit               Credit

123492-336000        Community Development Block Grant                                              $19,335

124920-449901        Local Option/Emergency Repairs                              $19,335

 

            The amendment, which was approved at the September 8, 2010, Board meeting, recognized repaid funds on a CDBG Scattered Site Housing Project.  The funds were to be used for rehabilitation/replacement activities in the current Scattered Site Housing CDBG with remaining funds, if any, to be allocated to the local option emergency repairs fund.

 

Account #                 Description                                                                    Debit               Credit

104199-499102        Contingency for WHS Right-of-Way                                                $50,000

109800-498043        Transfer to Capital Projects - WHS                          $50,000

433980-398010        Transfer from General Fund                                                              $50,000

435911-451000        Furniture, Fixtures, & Equipment                               $50,000

 

            The amendment recognized the funding request approved at the July 20, 2010, Board meeting for the soccer/lacrosse field turf project.

 

Account #                 Description                                                                    Debit               Credit

453300-361000        PARTF Grant                                                                                 $500,000

453839-389000        Donation for Grant Match                                                               $575,600

456120-459000        Capital Outlay – Park Development                     $1,075,600

 

            The amendment recognized the grant award from the NC Parks and Recreation Trust Fund of $500,000 with matching funds of $575,600 to be provided by donations from the Watauga County Tourism Development Authority.  The grant was for the period of August 1, 2010, through July 31, 2013.

 

Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the budget amendments as presented by Ms. Pierce.

 

VOTE:   Aye-5

              Nay-0

 

REPORT FROM ASU CONSULTANT REGARDING SFL+A’S REQUEST TO UTILIZE THE ENERGY EFFICIENT COMMERCIAL BUILDING TAX DEDUCTION

 

            Deputy County Manager Geouque stated that Mr. Jason Hoyle with Appalachian State University’s Energy Center had evaluated the proposal submitted by SfL+a to receive the energy efficient commercial building tax deduction credits associated with the construction of the new high school.  The Deputy County Manager stated that, per Mr. Hoyle, the owner of the building could allocate the deduction to the firm primarily responsible for designing the property.  The tax credits were of no benefit or cost to the County; however, assuming the new high school met the full requirements, the approximate value of the deduction allocation was estimated to be $491,400.  The County was under no obligation to make the allocation; however, should the County allow the deduction, the building designer, SfL+a, was to receive a tax deduction in the amount of $491,400 resulting in an increased after-tax cash flow of approximately $167,000.  The Deputy County Manager stated that the tax credits had to be taken the year the building was placed into service.

 

County Manager Nelson stated that SfL+a was to be responsible for any and all costs associated with applying for the credits.  The County Manager stated that SfL+a had been paid out for work associated with the new high school; however, they were currently in the process of completing a few small items.

 

Chairman Deal stated that the credit program was designed to encourage designers to create energy efficient facilities.

 

By consensus, the Board agreed to table further discussion until the October 4, 2010, meeting to allow for staff to report the status of the LEED certification process for the new high school.

 

WATAUGA MEDICAL CENTER LOAN MODIFICATION REQUEST

 

            Chairman Deal stated that Watauga Medical Center was in the process of amending their loan agreement with Wells Fargo Bank, National Association, successor-in-interest to Wachovia Bank, National Association.  The amendment involved changes to the Schedule I to Reimbursement Agreement.  Since the County owned the land on which the Medical Center was located, the agreement between the County and Watauga Medical Center in relationship to the Wells Fargo loan required that “Amendment No. 5” be executed.  Chairman Deal stated that there was no cost involved for Watauga County.

 

            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve Amendment No. 5 to Schedule I to the Reimbursement Agreement between Wells Fargo and Watauga Medical Center as presented.

 

VOTE:   Aye-5

              Nay-0

 

PROPOSED RESOLUTION APPROVING THE PURCHASE OF PROPERTY BY SMOKY MOUNTAIN LOCAL MANAGEMENT ENTITY

 

Commissioner Futrelle presented a resolution the adoption of which was requested by Smoky Mountain Center, the County’s Local Management Entity for mental health services.  Smoky Mountain Center recently purchased property located in Watauga County and requested the resolution be adopted approving the purchase.

 

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

 

VOTE:   Aye-5

              Nay-0

 

REQUESTED APPROVAL FOR BRUSH GRINDING CONTRACT

 

County Manager Nelson stated that Mr. J. V. Potter, Operations Services Director, had requested to contract with Mr. Steve Whitley for brush grinding services in the amount of $12.00 per ton.  The last brush grinding contract was held by Mr. Whitley for this same amount.  Standard practice has been that any additional debris that was generated while the contractor was on-site was to be processed for $12.00 per ton as well.  A new contract was in order due to Mr. Whitley moving off-site to process brush for another entity prior to returning to the Watauga County site.  The large amounts of debris at the Landfill were due to the continued clean-up from the ice storm of December 2009.

 

            County Manager Nelson stated that the Finance Director had requested the standard brush grinding contract be amended in a manner that formalized allowing the service provider to also grind additional brush received while onsite.

 

            Commissioner Cooper, seconded by Commissioner Futrelle, moved to award the brush grinding contract to Steve Whitley in the amount of $12.00 per ton.

 

VOTE:   Aye-5

                                                                  Nay-0

 

BID AWARD REQUEST FOR WATAUGA COUNTY PARKING LOT REHABILITATION PROJECT

 

            County Manager Nelson stated that Mr. Robert Marsh, Maintenance Director, had received the following bids for the Watauga County Parking Lot Rehabilitation Project:

 

Bidder	Bid Bond	Base Bid Total	Alternate Total Bid
Moretz Paving, Inc.	X	$129,000.00	$29,125.00
The J. W. Hampton Company	X	$130,433.13	$29,075.00
Greene Construction, Inc.	X	$156,360.25	$32,345.00
James R. Vannoy & Sons Construction Company, Inc.	X	$159,507.80	$31,805.00

 

            Mr. Marsh recommended awarding the bid to the low bidder, Moretz Paving, Inc., as the requirements set forth in the project contract documents were met.  The total amount of the bid, including the alternate, was $158,125.

 

            Commissioner Futrelle, seconded by Commissioner Cooper, moved to award the bid for the Watauga County Parking Lot Rehabilitation Project to Moretz Paving, Inc., in the amount of $158,125.

 

VOTE:   Aye-5

              Nay-0

 

MISCELLANEOUS ADMINISTRATIVE MATTERS

 

A.        Board of Education Request to Apply for NC Lottery Funds – County Manager Nelson stated that the Board of Education had requested funds from the Education Lottery Fund to use for the following Capital Improvement Projects:

 

·         Replacement of carpets and floor tiles at Bethel Elementary School, in the amount of $20,500, with an estimated project beginning date of December 2010 and completion date of January 2011

·         Restroom renovation at Bethel Elementary School, in the amount of $4,000, with an estimated project beginning date of December 2010 and completion date of January 2011

·         Replacement of windows in the Media Center/Computer Lab at Green Valley Elementary School, in the amount of $8,000, with an estimated project beginning date of March 2011 and completion date of April 2011

·         Renovation of hot water/boiler at Blowing Rock Elementary School, in the amount of $25,000, with an estimated project beginning date of December 2010 and completion date of January 2011

·         Sidewalk construction at Blowing Rock Elementary School, in the amount of $800, with an estimated project beginning date of March 2011 and completion date of April 2011

·         Cafeteria upgrades to all schools in the district, in the amount of $23,500, with an estimated project beginning date of September 2010 and completion date of June 2011

·         Replacement of retaining wall at Valle Crucis Elementary School, in the amount of $4,000, with an estimated project beginning date of September 2010 and completion date of November 2010

·         Replacement of windows at Hardin Park Elementary School, in the amount of $1,500, with an estimated project beginning date of September 2010 and completion date of November 2010

·         Construction of artificial turf for the soccer/lacrosse teams at Watauga High School, in the amount of $350,000, with an estimated project beginning date of August 2010 and completion date of November 2010

 

The total amount requested was $437,300 and no local match was required.

 

            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the Education Lottery Funding applications as requested.

 

VOTE:   Aye-5

              Nay-0

 

B.         Rocky Knob Park Agreement with Tourism Development Authority – County Manager Nelson presented an agreement with the Watauga County Tourism Development Authority regarding the development of Rocky Knob Park.  The County Manager requested the last sentence under “2. FINANCING” be amended as follows:  The TDS County shall apply all funds received by from the Parks and Recreation Trust Fund (PARTF) grant towards satisfaction of the BB&T Loan.

 

Chairman Deal requested the wording be clearer in “6.  RESTRICTIONS ON AND RIGHTS TO USE OF DARNELL AND ADJACENT PROPERTIES.  b.  Restricted Uses  vii.  Conveyance and Subdivision” regarding the property Blue Ridge Electric Membership Corporation (BREMCO) was interested in using for a future sub-station.

 

The County Attorney stated that in addition to the agreement a restriction needed to be placed on the Darnell/Rocky Knob Park deed in order to receive reimbursement from the North Carolina Parks and Recreation Trust Fund (NC PARTF) which partially funded the purchase of the property.

 

 

            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the agreement with the Watauga County Tourism Development Authority as amended.

 

VOTE:   Aye-5

              Nay-0

 

            Commissioner Cooper, seconded by Commissioner Futrelle, moved to direct the County Attorney to record the deed restriction for the Darnell Property as necessary to meet PARTF requirements.

 

VOTE:   Aye-5

              Nay-0

 

C.        Easement Request for Placement of Civil War Marker – County Manager Nelson stated that Michelle Ligon, representing the Boone and Watauga County Tourism Development Authorities, had requested the County provide an easement for placement of a Civil War marker.  The marker was to be located at the Old Cove Creek High School, in a place which both Cove Creek Preservation and Development and Cove Creek Community Council have endorsed.  The County Manager stated that the easement required only enough space for the placement of the marker and that the two Tourism Development Authorities were to be responsible for the installation and ongoing maintenance of the marker.

 

            Commissioner Cooper, seconded by Commissioner Kinsey, moved to grant the easement, contingent upon the Tourism Development Authorities being responsible for the installation and future maintenance of the marker.

 

VOTE:   Aye-5

              Nay-0

 

D.        Easement Request for Placement of Marker Commemorating Stanley Harris’ Dedication to the Boy Scouts of America – County Manager Nelson stated that the North Carolina Department of Transportation (NCDOT) had requested permission to locate a new historical marker in front of the Human Services Center at the intersection of Poplar Grove Connector and West King Street near the current pocket park developed by the Downtown Boone Development Association.  The marker was to commemorate the years of service that Stanley Harris dedicated to the Boy Scouts of America.  The NCDOT was to be responsible for the installation and maintenance of the marker and the estimated completion date of installation was to be November 20, 2010.

 

            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to grant the easement pursuant to the North Carolina Department of Transportation’s request.

 

VOTE:   Aye-5

              Nay-0

 

 

E.         Cell Tower Request from AT&T – County Manager Nelson stated that Blue Ridge Electric Membership Corporation (BREMCO) had requested permission for AT&T to connect tower antennas to their transmission poles which were located on County property at Rocky Knob Park.  The existing transmission line was approximately 60 feet tall with the proposed AT&T antenna to add an additional forty feet in height, via a new pole, which was to bring the overall height of the structure to 100 feet.  AT&T proposed to pay the County a monthly rental fee of approximately $500 which could be used for operational and improvement costs associated with Rocky Knob Park.  The County Manager stated that staff was to ensure compliance with the Watauga County Cell Tower Ordinance.

 

After brief discussion, the Board agreed, by consensus, to table further discussion until the October 4, 2010, Board meeting and directed the County Attorney to render an opinion as to if this request interfered with the regulations set forth in accordance to the PARTF grant which partially funded the purchase of a potion of the property on which Rocky Knob Part was located.

 

F.         NC DOT Supplemental Agreement for Extension of the Brookshire Park Greenway – County Manager Nelson presented a Supplemental Agreement from the North Carolina Department of Transportation (NCDOT) for the extension of the Brookshire Park Greenway.  If approved, $55,000 was to be added to the NCDOT’s original agreement which was in the amount of $35,000, bringing the grant total to $90,000.

 

            Commissioner Futrelle, seconded by Commissioner Cooper, moved to enter into the Supplemental Agreement with the North Carolina Department of Transportation, for the amount of $55,000, for the extension of the Brookshire Park Greenway.

 

VOTE:   Aye-5

              Nay-0

 

G.        Public Hearing Request for DOT Secondary Roads Plan – County Manager Nelson stated that the North Carolina Department of Transportation (NCDOT) had requested that a public hearing be scheduled at the October 19, 2010, Board meeting to allow public comment on the NCDOT’s Secondary Roads Plan.

 

            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to set a public hearing for the October 19, 2010, regular meeting at 6:00 P.M. to allow citizen comment on the North Carolina Department of Transportation’s Secondary Roads Plan.

 

VOTE:   Aye-5

              Nay-0

 

H.        Boards and Commissions – County Manager Nelson stated that the Boone Town Council had recommended the following appointments:  1) James P. Marsh, Jr. as the ETJ representative to the Boone Board of Adjustment and 2) Chad J. Michael as the ETJ representative to the Town’s Community Appearance Commission.

 

The above were first readings and, therefore, no action was required at this time.

 

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

 

            Commissioner Kinsey, seconded by Commissioner Futrelle, moved to reappoint Ms. Jane Nicholson and Ms. Janet Beck to the Watauga County Board of Adjustments for three-year terms which were set to expire in November 2013.

 

VOTE:   Aye-5

              Nay-0

 

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

 

            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to appoint Bobby Sherrill and Reggie Hassler to the Local Firefighters Relief Fund Board.

 

VOTE:   Aye-5

              Nay-0

 

County Manager Nelson stated that several letters had been mailed by Parks and Recreation requesting recommendations for appointments to the Recreation Commission.  Recommendations were to be forwarded for consideration as received.

 

I.          Announcements – County Manager Nelson announced that the Project on Aging was celebrating National Senior Center Month with a Senior Talent Showcase and Open House which were scheduled for Friday, September 24, from 10 A.M. to 12:00 P.M. at the Lois E. Harrill Senior Center Dining Room.

 

County Manager Nelson announced that the Appalachian Senior Services had a fundraiser scheduled for September 25, 2010, from 9:00 A.M. to 2:00 P.M. at the Laurel Springs Baptist Church Parking Lot.

 

County Manger Nelson announced that the next Intergovernmental Retreat was scheduled for Tuesday, September 28, 2010, from 5:30 P.M. to 7:30 P.M. at Broyhill Inn and Conference Center.  This was a dinner meeting hosted by Watauga County.

 

County Manager Nelson announced that ASU Chancellor Ken Peacock was hosting a reception on Monday, October 4, 2010, from 6:00 P.M. to 7:30 P.M. for LEADERSHIP North Carolina.

 

PUBLIC COMMENT

 

There was no public comment.

 

CLOSED SESSION

 

            At 6:55 P.M., Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Personnel Matters, per G. S. 143-318.11(a)6).

 

VOTE:   Aye-5

              Nay-0

 

Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to resume the open meeting at 7:55 P.M.

VOTE:   Aye-5

              Nay-0

 

ADJOURN

 

            Chairman Deal adjourned the meeting at 7:55 P.M.

 

 

Jim Deal, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board