MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, OCTOBER 19, 2010

 

            The Watauga County Board of Commissioners held a regular meeting on Tuesday, October 19, 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

                                                Anthony di Santi, County Attorney

                                    Robert E. Nelson, Jr., County Manager

                                    Deron Geouque, Deputy County Manager

                                                Anita J. Fogle, Clerk to the Board

 

[Clerk’s Note:  Commissioner Cooper arrived at 6:13 P.M. due to traveling from out of town.]

 

            Chairman Deal called the meeting to order at 6:01 P.M., welcoming those in attendance.

 

            Commissioner Futrelle opened the meeting with a prayer.

 

APPROVAL OF MINUTES

 

            Chairman Deal called for additions and/or corrections to the September 28, 2010, special meeting minutes and the October 4, 2010, regular meeting and closed session minutes.

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the September 28, 2010, special meeting minutes as presented.

 

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

              Nay-0

              Absent-1(Cooper)

 

            County Manager Nelson noted the change of a budget line number under “Budget Amendments” in the October 4 regular meeting minutes as follows:

 

Account #                    Description                                                              Debit            Credit

103300-343306           NC DENR CWMTF Grant                                                     $35,000

103330-384000           Watauga Co. District U TDA Grant Match                                $7,000

104288-457004           CWMTF Greenway Plan Design                        $42,000

            104285-457004

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the October 4, 2010, regular meeting minutes as amended.

 

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

              Nay-0

              Absent-1(Cooper)

 

            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the October 4, 2010, closed session minutes as presented.

 

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

              Nay-0

              Absent-1(Cooper)

 

APPROVAL OF AGENDA

 

            Chairman Deal called for additions and/or corrections to the October 19, 2010, agenda.

 

            County Manger Nelson requested to add the following to the agenda:  a proposed contract between the Watauga County Tourism Development Authority and Brushy Fork Environmental and a discussion regarding land acquisition, per G. S. 143-318.11(a)(5)(i), to the scheduled closed session.

 

            Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to approve the October 19, 2010, agenda as amended.

 

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

              Nay-0

              Absent-1(Cooper)

 

PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION’S SECONDARY ROADS PROGRAM FOR FISCAL YEARS 2009-2011

 

Chairman Deal declared the public hearing open at 6:04 P.M. to allow for comment on the North Carolina Department of Transportation’s Secondary Roads Program for Fiscal Years 2009-2011.

 

            Mr. Michael Poe, DOT District Engineer, and Mr. Kevin Whittington, DOT Highway Maintenance Engineer, presented the Secondary Roads Program for Fiscal Years 2009-2011.  Funds for the anticipated two-year program totaled $1,942,235.36 and were allocated as follows:

 

Funding Sources                              FY 2009-2010 Allocation     FY 2010-2011 Anticipated Allocation

Highway Fund (G.S. 136-44.5b,c)                $270,103.22                                $387,926.00

Trust Fund (G.S. 136-182)                          $818,281.14                                $465,925.00

Totals                                                  $1,088,384.36                              $853,851.00

 

            The amount allocated for the paving of unpaved roads was $1,300,000; the amount allocated for general secondary road improvements included $275,000 for unpaved road spot improvements and $85,000 for other paved and unpaved road improvements; and the amount that remained unallocated and in reserve was $282,235.36.

 

            Mr. Poe stated that the program was subject to the availability of funding, right-of-way, and environmental reviews.  Proposed funding allocations were only projections and, therefore, should the actual allocations be greater, the DOT was to continue down the priority list to fund additional secondary road projects.  Mr. Poe also stated that, in the event that secondary roads could not be paved due to the inability to obtain right-of-way, the DOT planned to also continue down the priority list to fund additional secondary road projects.

 

            There being no public comment, Chairman Deal declared the public hearing closed at 6:12 P.M.

 

No action was required nor taken.

 

POSTPONED PER ADVISORY BOARD REQUEST – PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON PROPOSED AMENDMENTS TO THE WATAUGA COUNTY VOLUNTARY FARMLAND PRESERVATION ORDINANCE

 

Chairman Deal announced that the Voluntary Farmland Preservation Advisory Board had requested to reschedule the public hearing allowing citizen comment on proposed amendments to the Watauga County Voluntary Farmland Preservation Ordinance.  The current Voluntary Farmland Preservation Ordinance required a thirty day notice be given, via posted mail, to existing members prior to conducting a public hearing on recommended amendments.  Proper notification had since been sent and, therefore, the Voluntary Farmland Preservation Advisory Board requested the public hearing be rescheduled for the November 16, 2010, Board meeting.

 

County Manager Nelson stated that additional amendments to the Ordinance were to be included since previously submitted to the Board.

 

            Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to set a public hearing for November 16, 2010, at 6:00 P.M. to allow for citizen comment on proposed amendments to the Watauga County Voluntary Farmland Preservation Ordinance.

 

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

              Nay-0

              Absent-1(Cooper)

 

TDA CONTRACT REQUEST

 

            Mr. Wright Tilley, Executive Director of the Watauga County Tourism Development Authority (TDA), reviewed a proposal from Brushy Fork Environmental to provide services required for the development of a plan which was to identify and illustrate a feasible location for a future greenway trail that was to connect Brookshire Park to Todd Island Park with the study area in the riparian corridor of the South Fork of the New River.  The TDA was to receive outreach materials, working map(s) for interim review, final conceptual drawing/map to illustrate feasible routes, and up to five copies of the final report/plans.  Brushy Fork agreed to facilitate meetings with partnering organizations as well.  Property survey and design work, engineering, and permitting were not included in the agreement.  The agreement included a two-year term and general rates as follows:  professional wetland scientist at $95 per hour, landscape architect at $75 per hour, and environmental technician at $55 per hour for a total amount not to exceed $20,000.  Funds were to be allocated from a Clean Water Management Trust Fund Grant awarded to the County for this project.

 

Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the agreement between the Watauga County Tourism Development Authority and Brushy Fork Environmental in an amount not-to-exceed $20,000 with funds to be allocated from the Clean Water Management Trust Fund grant which the County received for the development of this trail plan.

 

VOTE:   Aye-5

              Nay-0

 

MISCELLANEOUS ADMINISTRATIVE MATTERS

 

A.        Voluntary Farmland Preservation Advisory Board Public Hearing Request – The public hearing was rescheduled for November 16, 2010, at 6:00 P.M.

 

B.         JCPC Proposed Grant Application – County Manager Nelson stated that the Juvenile Crime Prevention Council (JCPC) requested authority to apply for a grant in the amount of $45,000 through the American Recovery and Reinvestment Act (ARRA) which, if awarded, was to be funneled through the County.  The School Board was to team with Western Youth Network and use the funds, if awarded, to provide leadership role models and additional positive opportunities and activities for youth to prevent potential gang involvement.

 

            Commissioner Futrelle, seconded by Commissioner Kinsey, moved to approve the grant application as presented by the County Manager.

 

VOTE:   Aye-5

              Nay-0

 

C.        Cell Tower Request from AT&T – County Manager Nelson stated that discussion was tabled at a previous meeting regarding Blue Ridge Electric Membership Corporation’s (BREMCO) request for permission to allow AT&T to connect tower antennas to their transmission poles which were located on County property at Rocky Knob Park. 

 

The County Manager presented two easements and a communications facility easement agreement that was to allow necessary access and the construction and use of a cell phone antenna site that was planned to be co-located on the BREMCO transmission poles near the landfill area. 

 

County Attorney di Santi reviewed the Communications Facility Easement Agreement and pointed out several areas that might need amending prior to consideration.  The County Attorney agreed with a recommendation from the County Manager that it was appropriate to add an automatic CPI type escalator to the agreement.

 

The County Attorney stated that BREMCO had requested the easement be for thirty years; however, a lease for County property with a term greater than ten years had to be advertised as an upset bid. 

 

By consensus, the Board agreed to table further discussion until a future meeting to allow time for discussions with Blue Ridge Electric Membership Corporation regarding the issues associated with this proposed project.

 

D.        Presentation of Smoky Mountain Center LME Quarterly Financial Report – County Manager Nelson presented the Quarterly Financial Report from Smoky Mountain Center which was the County’s Local Management Entity for mental health services.  State statutes required that the report be presented for review at a regularly scheduled meeting. 

 

This report was presented for information only and, therefore, no action was required.

 

E.         Parks and Recreation Out-of-State Travel Request – County Manager Nelson stated that the Appalachian District Health Department had received a grant for obesity prevention.  As a result, a Leadership Team was formed and its members were required to attend a five-day training session in Atlanta, GA.  The County’s Parks and Recreation Director, Mr. Stephen Poulos, who was a member of the Leadership Team, had requested permission for out-of-state travel to attend the required training.  The only cost to the County was to be Mr. Poulos time away from work.

 

            Commissioner Cooper, seconded by Commissioner Futrelle, moved to approve the out-of-state travel request as presented.

 

VOTE:   Aye-5

              Nay-0

 

F.         Boards and Commissions – County Manager Nelson stated that the Board had previously waived their second reading and, per the recommendation of the Boone Town Council, appointed Dr. Brian Ellison to fill an unexpired term as an ETJ representative to the Town of Boone’s Board of Adjustment.  Ms. Freida Van Allen, Clerk to the Boone Town Council, had since informed the County that Dr. Ellison did not reside within the boundaries of the ETJ and, therefore, was not eligible for appointment.  The Boone Town Council was to forward a new recommendation in the near future.

 

County Manager Nelson stated that recommendations for appointments to the Recreation Commission had not been received at this time.

 

G.        Announcements – County Manager Nelson announced that the Watauga County Employees Christmas Luncheon was scheduled for Tuesday, December 14, 2010, from 12:00 P.M. to 2:00 P.M. at Dan’l Boone Inn.

 

PUBLIC COMMENT

 

There was no public comment; however, Chairman Deal welcomed Boy Scouts from Troop # 109 who attended the meeting.

 

            Chairman Deal stated that the County’s outstanding debt totaled $104,368,570, $79,282,191 in principal and $25,086,379 in interest.  The County’s property tax rate was set at 31.3% per $100 valuation and, therefore, was the 6th lowest tax rate in the State.  Ninety-four counties had higher tax rates than Watauga County with the average tax rate for the state being 64.46% per $100 valuation.

 

CLOSED SESSION

 

            At 6:39 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); Personnel Matters, per G. S. 143-318.11(a)6); and Land Acquisition, per G. S. 143-318.11(a)(5)(i).

 

VOTE:   Aye-5

              Nay-0

 

Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to resume the open meeting at 7:06 P.M.

 

VOTE:   Aye-5

              Nay-0

 

ADJOURN

 

            Chairman Deal adjourned the meeting at 7:06 P.M.

 

 

Jim Deal, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board