Watauga County, NC

MINUTES

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, APRIL 19, 2011

The Watauga County Board of Commissioners held a regular meeting on Tuesday, April 19, 2011, at 5:00 P.M. in the Commissioners' Board Room of the Watauga County Administration Building, Boone, North Carolina.

PRESENT: Nathan A. Miller, Chairman

David Blust, Vice-Chairman

Jim Deal, Commissioner

Tim Futrelle, Commissioner

Four Eggers, County Attorney

Robert E. Nelson, Jr., County Manager

Deron Geouque, Deputy County Manager

Anita J. Fogle, Clerk to the Board

Chairman Miller called the meeting to order at 5:03 P.M.

[Clerk's Note: Commissioner Gable was absent due to a recent surgery.]

APPROVAL OF MINUTES

Chairman Miller called for additions and/or corrections to the February 25 & 26, 2011, and March 28, 2011, special meeting minutes and the April 5, 2011, regular and closed session minutes.

Commissioner Futrelle, seconded by Commissioner Deal, moved to approve the February 25 & 26, 2011, special meeting minutes as presented.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

Vice-Chairman Blust, seconded by Commissioner Deal, moved to approve the March 28, 2011, special meeting minutes as presented.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

Chairman Miller noted the following correction to the April 5, 2011, regular meeting minutes:

County Manager Nelson stated that the Town of Boone had recommended the appointment of Rev. Thomas Brown as the ETJ representative to their Planning ~~Board~~ Commission ~~If appointed, Rev. Brown's~~ with a term expiration of June 30, 2014. Commissioner Gable recommended Mr. Jeff Templeton for appointment to this position.

Commissioner Gable, seconded by Vice-Chairman Blust, moved to appoint ~~Rev. Thomas Brown~~ Mr. Jeff Templeton as the ETJ representative to the Town of Boone's Planning ~~Board~~ Commission for a term to expire June 30, 2014.

VOTE: Aye-4(Miller, Blust, Deal, Gable)

Nay-0

Absent-1(Futrelle)

Vice-Chairman Blust, seconded by Commissioner Deal, moved to approve the April 5, 2011, regular meeting minutes as amended.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

Commissioner Deal, seconded by Vice-Chairman Blust, moved to approve the April 5, 2011, closed session minutes as presented.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

APPROVAL OF AGENDA

Chairman Miller called for additions and/or corrections to the April 19, 2011, agenda.

County Manager Nelson requested to add a discussion of House Bill 332 after Item 8 and an out-of-state travel request from the Sheriff's Office under Miscellaneous Administrative Matters.

Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the April 19, 2011, agenda as amended.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

APPALACHIAN ENTERPRISE CENTER (AEC) DISCUSSION

Mr. Keith Honeycutt, Chairman of the Watauga County Economic Development Commission, presented a report on the Appalachian Enterprise Center (AEC) as a business incubator. Mr. Honeycutt stated that the Economic Development Commission was in support of keeping the AEC at its current location and stated that commitments were made to the agencies that granted funding for renovations when creating the office space that is leased at a reduced rate for business start ups. The County also benefits from the AEC by receiving a percentage of the funds received from the leases for office space. Mr. Honeycutt stated that ¾ of the space was currently rented by Appalachian State University; however, ASU planned to move out in December upon completion of the construction of their Education Building. Mr. Honeycutt stated that the hope of the Economic Development Commission was that, at that time, additional space would be available for small business start-ups. If the County chose to utilize that space for County offices, Mr. Honeycutt recommended that Planning & Inspections (P&I) occupy the space as Mr. Joe Furman, P&I Director, also served as the County's Economic Development Director. The close proximity to the Health Department would also benefit citizens when applying for various construction permits.

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

[Clerk's Note: At this time, Chairman Miller announced that he had inadvertently omitted the prayer and pledge at the opening of the meeting.]

Vice-Chairman Blust shared a prayer and Commissioner Futrelle led the Pledge of Allegiance.

HOSPITALITY HOUSE REQUEST FOR GARDEN SPACE

County Manager Nelson stated that Mr. Thad Taylor with Watauga County Farm Bureau Insurance Company requested the use of County-owned parcels as garden space for the Hospitality House which served the public purpose of providing produce to low income citizens.

One parcel, approximately one-half acre, was at the northeast corner of Brookshire Park. The County Manager stated that staff recommended that this request be contingent upon not interfering with the location of the soon-to-be constructed walking trail which was to connect Brookshire Park to the Ted Mackorell Soccer Complex. Commissioner Deal stated that he had spoken with Mr. Taylor who offered assurance that the parcel requested was not located in the area of the planned trail and was not to interfere with that construction.

County Manager Nelson stated that the other parcel was located on County-owned property which held the Hannah Building and was currently leased by the Hunger and Health Coalition. The County Manager stated that it would be appropriate to refer Mr. Taylor to the Hunger and Health Coalition along with the request to remove four small trees in that area which were most likely planted by the Hunger and Health Coalition.

Commissioner Deal, seconded by Commissioner Futrelle, moved to:

· direct the County Attorney to prepare a one-year lease with Watauga County Farm Bureau, Inc., who was partnering with Hospitality House, for garden space on approximately ½ acre of property at Brookshire Park with the location to be determined by the County Manager for the public purpose of providing produce for low income citizens; and

· refer Watauga County Farm Bureau, Inc., and Hospitality House to the Hunger and Health Coalition to request garden space on the Hannah Building property with the Board of Commissioners' blessing.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

COOPERATIVE EXTENSION UPDATE

Mr. Richard Boylan, Area Specialized Agent, Agriculture, with Watauga County Cooperative Extension gave a report on Cooperative Extension services. Mr. Boylan reported that he worked with small area farms, specifically food system growers. As farmers' markets provided resources for the sale of local crops, he stayed up-to-date on local market events in an effort to keep farmers informed. Mr. Boylan reported that the Watauga County Farmers' Market was growing and planned a future move to the Kmart parking lot location which was to allow for easier access. Mr. Boylan also reported that the Cooperative Extension had recently written a grant in the amount of $18,500 which was to be used to support entry level farmers.

Mr. Boylan stated that the Cooperative Extension also worked with Watauga County and the Appalachian Enterprise Center on entrepreneurship projects.

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

DISCUSSION OF TREE REMOVAL AND STREAM BANK RESTORATION AT BROOKSHIRE PARK

Mr. Brian Chatham, Soil and Water Conservation Technician, stated that a large clump of trees had fallen into the river at Brookshire Park. If the trees were not removed, the river bank would continue to erode and possibly compromise the nearby walking trail. Mr. Chatham stated that the recent weekend flooding caused the tree root wad to shift position which had placed the stream bank in an even more compromising position. Mr. Chatham offered the following options to repair the damage:

Option 1 – Staff removal of logs from the root wad while leaving the root wad in the stream. This solution does not require a permit or future work at this time; however, it would not be a permanent solution as the remaining root wad could result in future problems by causing the flow of the stream to eventually undercut the river bank which could possibly destroy the nearby walking trail.

Option 2 – The removal of the tree and root wad, placement of deflector rocks, and some minor river bank work such as sloping, reseeding, etc. This work could also be performed by County staff; however, a permit from the Army Corps of Engineers would be required. The total cost of this solution was estimated to be approximately $10,000 which included permit fees. This solution would provide a permanent fix that was also aesthetically pleasing.

County Manager Nelson shared a letter from Mr. Furman, Planning and Inspections Director, which stated that County staff could not be used, as originally planned, to construct the Greenway walking trail at Brookshire Park which was planned for this summer. A private contractor selected through the bidding process had to be used due to funding requirements. As a result, the County Manager stated that staff was available to perform the work needed to accomplish option 2, which was the recommended solution. Funds were available in the current Administrative Contingency budget.

Commissioner Deal, seconded by Vice-Chairman Blust, moved to direct the County Manager to coordinate with the Soil and Water Conservation District to execute option 2 with work to be provided by County staff and equipment, as possible, with funding, of approximately $10,000, to be allocated from the FY 2011 Administrative Contingency Budget

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

NC RURAL GRANT APPLICATION REQUEST

Mr. Joe Furman presented a recommendation from the Economic Development Commission (EDC) to submit a grant to The Rural Center Building Reuse and Restoration Program in the amount of $64,000. This grant was to be a pass-through grant for Giant Street Ventures, a business owned by Mr. James P. Dunn. Mr. Dunn was committing in the grant application to create within eighteen months, and maintain for another six months, eight new jobs. There was no financial obligation to the County and the required local match was to be covered by Mr. Furman's administrative time (of approximately 30 hours). Mr. Furman stated that the Economic Development Commission had recommended approval of this request.

Mr. Dunn was present and stated that he was purchasing four parcels and planned to renovate and add on to the existing building which would house his furniture and appliance business.

Commissioner Deal, seconded by Vice-Chairman Blust, moved to authorize the submission of the grant application as requested with the stipulation that the eight new jobs be created as stated in the application.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

DISCUSSION OF HOUSE BILL 332

Mr. Furman shared that he had recently received news that House Bill 332 was expected to go to a vote on Wednesday, April 20. HB 332 was to clarify development moratoria authority by preventing North Carolina communities from enacting temporary development moratoria for the purpose of updating their plans or ordinances.

Mr. Furman stated that the County had used this authority in the past to satisfactorily address particular issues as they arose. Three examples when a moratorium was issued were: to allow time for the development of an ordinance regulating sexually oriented businesses; to allow time for the development of the High Impact Land Use Ordinance; and while considering amendments to the Sign Ordinance regarding digital signage.

After discussion and by consensus, further discussion was tabled until the May 3, 2011, regular meeting to allow time for review of further information regarding this Bill.

SANITATION MATTERS

A. Landfill Gas to Energy Project Funding Requests (2) – Ms. Lisa Doty presented a final budget amendment in the amount of $18,195 which, if approved, was to allow for the completion of the Gas to Energy Project and, therefore, allow the system to start generating electricity.

County Manager Nelson stated that, in addition to the budget amendment, Mr. J. V. Potter, Operations Services Manager, had requested the replacement of the original blower for the methane generator with a new assembly system. The request stemmed from ongoing problems and failures of the current blower which continually had to be rebuilt and reinstalled.

Ms. Doty added that, with only two manufacturers of the needed blower device and due to poor experience with the current vendor, the recommendation was to purchase the new blower assembly system from Parnel Biogas, Inc. in the amount of $20,880.

Vice-Chairman Blust, seconded by Commissioner Futrelle, moved to approve the budget amendment for the Landfill Gas to Energy Project in the amount of $18,195 and approve the purchase of a new blower assembly for the methane collection generator from Parnel Biogas, Inc., in the amount of $20,880, with funds for both to be allocated from either the FY 2011 Sanitation Budget or Retained Earnings.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

B. Proposed Community Pride Week Proclamation – Ms. Doty presented a proposed proclamation declaring the week of May 9-14, 2011, as Community Pride Week in Watauga County. During Community Pride Week, citizens were allowed to dispose of brush, metal, furniture, appliances, tires, rocks, cement, cement blocks and asphalt at the Watauga County Landfill for no charge; however, the event did not apply to commercial haulers or businesses. Community Pride Week was held the week prior to, and ended on, the Household Hazardous Waste Collection Day scheduled for Saturday, May 14. Ms. Doty stated that Community Pride Week and Household Hazardous Waste Day have proven to be successful events as verified by citizen participation.

Commissioner Deal, seconded by Commissioner Futrelle, moved to adopt the Community Pride Week Proclamation as presented by Ms. Doty.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

BUDGET AMENDMENTS

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

Account # Description Debit Credit

219800-498010 Transfer to the General Fund $34,568

213991-399101 Fund Balance Appropriation $34,568

103980-398121 Transfer from Capital Reserve $34,568

104261-435101 Maint/Repair Grnds – Courthouse Complex $6,968

104274-435101 Maint/Repair Grnds – West Annex $17,000

104281-435101 Maint/Repair Grnds – Aquatics $10,600

The amendment transferred funds from the Capital Reserve Fund for the paving projects approved at the April 5, 2011, Board of Commissioners regular meeting.

Account # Description Debit Credit

143300-354200 Gang Violence Prevention Grant $45,000

145890-469818 Gang Violence Prevention Grant $45,000

The amendment recognized grant funds approved for pass-through to Watauga County Schools and Western Youth Network as approved at the April 5, 2011, Board of Commissioners regular meeting. No County funds were required.

Account # Description Debit Credit

234310-429000 Other Supplies $9,473

234310-435300 Maint/Repair Vehicles $3,651

234310-431200 Travel Subsistence $310

234310-449100 Dues & Subscriptions $300

234310-439500 Employee Training $850

234310-449901 Controlled Subs – Misc. $1,000

233991-399101 Fund Balance Appropriation $11,884

The amendment funded additional needs within the Narcotics budget per request of Sheriff Hagaman. These were State funds received and restricted to law enforcement use.

Account # Description Debit Credit

103300-343312 ASU Flood Exercise Grant $7,050

104330-449903 ASU Flood Exercise Grant $7,050

The amendment recognized grant funds approved for pass-through to Appalachian State University for a flood exercise as approved at the March 15, 2011, Board of Commissioners regular meeting.

Account # Description Debit Credit

103300-343309 Homeland Security Grant $5,941

104330-449904 Homeland Security Grant $5,941

The amendment recognized grant funds approved for equipment purchases and training at the March 15, 2011, Board of Commissioners regular meeting.

Account # Description Debit Credit

104199-469200 Prof Serv Other – Recreation Center $387,391

109800-498021 Transfer to Capital Reserve $387,391

213980-398100 Transfer from General Fund $387,391

219930-461202 Recreation – Pool Renovations $387,391

The amendment transferred unspent funds to Capital Reserve on the cancelled recreation center project. The funds which were originally allocated to Capital Reserve were required to be returned if unspent on the designated capital project.

Account # Description Debit Credit

133594-349909 NC Lottery Funds $443,925

135912-435951 Cove Creek Roof Replacement $330,000

135912-435952 Green Valley Parking Lot Paving $78,750

135912-435953 Hardin Park Boiler Replacement $35,175

The amendment recognized the award of NC Lottery funds which were applied for by the Watauga County Board of Education and approved by the Board of Commissioners at the February 15, 2011, and March 15, 2011, regular meetings.

Account # Description Debit Credit

663991-399101 Retained Earnings $26,553

663300-347230 NC State Energy Grant $40,931

667420-459000 Landfill Gas to Energy Project $67,484

The amendment recognized grant funds in the amount of $40,931 and appropriated funds, in the amount of $26,553, to fund a contract in the amount of $67,484 for the Landfill Gas to Energy Project. These allocations were approved at the January 18, 2011, Board of Commissioners regular meeting.

Account # Description Debit Credit

103991-399103 Fund Balance Approp – ROD Enhance Funds $250

104180-431100 Travel - Mileage $250

The amendment recognized additional travel funds as requested by Register of Deeds due to new Vital Records Automated System and Indexing Standards. The request was to be funded with restricted Register of Deeds Automation and Enhancement reserve funds.

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

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

PUBLIC HEARING TO ALLOW FOR CITIZEN COMMENT ON THE PROPOSED RECLASSIFICATION BY THE NC DIVISION OF WATER QUALITY OF A SEGMENT OF THE SOUTH FORK OF THE NEW RIVER FOR THE TOWN OF BOONE'S PROPOSED NEW WATER INTAKE

Chairman Miller stated that a public hearing had been scheduled to allow citizen comment on the proposed reclassification by the NC Division of Water Quality of a segment of the South Fork of the New River. The proposed reclassification was connected with the Town of Boone's proposed new water intake.

Chairman Miller requested that speakers keep their comments to two minutes and restrict them to the subject of the public hearing as stated.

Chairman Miller declared the public hearing open at 6:05 P.M.

The following citizens shared their comments:

· Mr. Chris Laine who spoke in favor of the project.

· Mr. Greg Young, Town of Boone Manager, who spoke on behalf of Town of Boone citizens and requested the Board consider adoption of a proposed resolution supporting the project and reclassification.

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

Mr. Joe Furman, Planning and Inspections Director, stated that approximately 25,000 acres within the County were currently classified as water sheds. Of those 25,000 acres, 12,000 were already classified as WS-IV and 8,900 acres were in the area proposed to be reclassified to WS-IV.

Chairman Miller tabled consideration of the proposed resolution until the May 3, 2011, regular meeting to allow time for additional clarification of the proposed reclassification and water intake project.

MISCELLANEOUS ADMINISTRATIVE MATTERS

A. Proposed Lease for New River Behavioral Health Care – County Manager Nelson presented a draft lease with New River Behavioral Health Care (NRBHC) for office space at the County's Human Services Center. The County Manager stated that the County had been charging $1,000 per month for the office space and NRBHC had requested the lease be formalized and made retroactive to July 1, 2010. The County Manager stated that the proposed lease was consistent with current practices.

County Attorney Eggers stated that he had reviewed the lease which stated that it could be terminated by either party upon notice and stated that the Board had the option of requesting amendments prior to action.

Commissioner Futrelle, seconded by Vice-Chairman Blust, moved to approve the lease retroactive to July 1, 2010, as presented.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

B. Sheriff's Office Out-of-State Travel Request – County Manager Nelson stated that the Sheriff had requested out-of-state travel for a narcotics detective to attend a DEA Basic Narcotics Investigators School which was held in Athens, Georgia.

Chairman Miller, seconded by Vice-Chairman Blust, moved to approve the out-of-state travel request as presented.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

C. Boards and Commissions – County Manager Nelson stated that, at the last Board meeting, Mr. Matt Long and Mr. Michael Button were appointed as alternate ETJ representatives to the Town of Boone's Board of Adjustment; however, the terms for those appointments were not specified. One term was to expire June 30, 2012, and the other June 30, 2011.

Vice-Chairman Blust, seconded by Commissioner Deal, moved to set Mr. Matt Long's term to expire June 30, 2012, and Mr. Michael Button's term to expire June 30, 2011.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

County Manager Nelson stated that the Voluntary Farmland Preservation Committee had recommended Mr. Kelly Coffey and Mr. Joe McNeil to fill two positions recently vacated by Mr. Mike Presnell and Mr. Jim Bryan. Each appointment was to be a three-year term.

Commissioner Deal, seconded by Vice-Chairman Blust, moved to appoint Mr. Kelly Coffey and Mr. Joe McNeil to serve as members of the Voluntary Farmland Preservation Committee with both terms to expire April 30, 2014.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

County Manager Nelson stated that, biannually, a Jury Commission was empanelled for a two-year term. Of the three-member panel, one member was appointed by the Board of Commissioners. The term of Mr. Ted Hagaman was to expire June 30, 2011. Mr. Hagaman had indicated that he was willing to continue to serve if so reappointed. The new term for the appointment was to be July 1, 2011, through June 30, 2013.

Commissioner Deal, seconded by Vice-Chairman Blust, moved to waive the second reading and reappoint Mr. Ted Hagaman to the Jury Commission with his term to expire June 30, 2013.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

D. Announcements – County Manager Nelson announced that the Special Olympic Spring Games were scheduled for Thursday, May 5, 2011, at Watauga High School and Parks and Recreation staff requested the presence of one or more Commissioners to be involved in the opening ceremonies and welcome the participants on behalf of Watauga County.

Commissioner Futrelle volunteered to represent the Board at the opening ceremonies.

County Manager Nelson announced that the Watauga County Tourism Development Authority had a "soft opening" of the new bike trail at Rocky Knob Park planned for Sunday, May 1, 2011. A grand opening was to be scheduled upon the completion of the second phase of the project.

PUBLIC COMMENT

The following citizens spoke during public comment:

· Ms. Grace Fortune requested, on behalf of the Western Youth Network, to be allowed to place fencing around their raised garden beds which were located at the Western Watauga Community Center. Ms. Fortune was referred to Mr. Robert Marsh, Watauga County Maintenance Director, for approval of the fencing.

· Mr. Michael Williams shared concerns regarding potential contaminates from the Town of Boone's proposed water intake project.

Responding to Mr. Williams' concerns, Mr. Rick Miller, Town of Boone Utilities, stated that currently the Town's discharge levels were determined by the North Carolina Department of Environment and Natural Resources (DENR) and a report was submitted to DENR each month.

· Mr. Fred Vannoy, a local farmer whose property adjoins the area in which the Town of Boone's proposed pumping station was planned to be located, shared concerns regarding potential effects the proposed project may have on agriculture, specifically regarding cattle.

· Ms. Deborah Greene shared concerns regarding the potential New River reclassification and Town of Boone's Water Intake Project and the regulations that DENR would impose if the project moved forward.

CLOSED SESSION

At 6:42 P.M., Vice-Chairman Blust, seconded by Commissioner Deal, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3).

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

Commissioner Deal, seconded by Vice-Chairman Blust, moved to resume the open meeting at 7:04 P.M.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

ACTION AFTER CLOSED SESSION

County Manager Nelson presented a letter from School Superintendent Marty Hemric in which the release a $150,000 allocation to Barnhill/Vannoy Construction was requested due to the successful operation of the underground cistern system after the replacement of pumps. This designated amount was agreed to be withheld while the issue with the system was being addressed. The letter stated that the system had been fully operational for several weeks and the Board of Education understood that the issue was now resolved.

Commissioner Deal, seconded by Vice-Chairman Blust, moved to release $150,000 to Barnhill/Vannoy Construction from funds currently retained by the County in association with the new high school project as requested by the Watauga County Board of Education.

VOTE: Aye-4(Miller, Blust, Deal, Futrelle)

Nay-0

Absent-1(Gable)

ADJOURN

Chairman Miller adjourned the meeting at 7:05 P.M.

Nathan A. Miller, Chairman

ATTEST:

Anita J. Fogle, Clerk to the Board