MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 20, 2000
The Watauga County Board of Commissioners held a regular meeting on Tuesday, June 20, 2000 at 7:00 P.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
Robert E. Nelson, Jr., County Manager
Libby Link, Clerk to the Board
Chairman Hodges called the meeting to order at 7:00 P.M. welcoming those in attendance.
APPROVAL OF MINUTES
Chairman Hodges called for additions or corrections to the June 5, 2000 regular and closed session meeting minutes, as well as the June 12, 2000 closed session and special meeting minutes.
Vice-Chairman Sweeting seconded by Commissioner Coffey, moved to approve the June 5, 2000 regular and closed session meeting minutes and the June 12, 2000 closed session and special meeting minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF JUNE 20, 2000 AGENDA
Commissioner Kohles seconded by Vice-Chairman Sweeting, moved to approve the agenda for the June 20, 2000 agenda as presented.
VOTE: Aye-5
Nay-0
PUBLIC HEARING – PROPOSED ORDINANCE LEVYING TAX ON GROSS RECEIPTS FROM RENTAL VEHICLES
Chairman Hodges declared a public hearing open at 7:02 P.M. to consider adopting an ordinance levying tax on gross receipts derived from retail short-term rental of motor vehicles.
Tax Administrator, Larry McLean, stated that the N.C. General Assembly had recently passed a law allowing counties to levy a 1½-cent tax on gross receipts for rental vehicles. (Senate Bill 1076 signed into law as Session Law 2000-2(S.L.) and effective for taxable years beginning on or after July 1, 2000). Mr. McLean stated this law primarily pertained to the rental of passenger/mini vans and sports utilities leased by car dealers as well as trailers and semi-trailers leased by U-Haul type companies. Mr. McLean briefly discussed the proposed ordinance, and County Attorney Hedrick suggested a few minor changes to be included in the ordinance. In addition, Mr. McLean had contacted each rental agency to inform the parties that this public hearing had been advertised. He had received word from two local dealers who voiced their concerns that the proposed tax would be “passed on” to consumers.
There being no public comment, Chairman Hodges declared the public hearing closed at 7:10 P.M.
Commissioner Lawrence seconded by Commissioner Coffey, moved to approve the Establishment of an Ordinance Levying Tax on Gross Receipts Derived from Retail Short-Term Rental of Motor Vehicles with the recommended changes.
VOTE: Aye-5
Nay-0
ORDINANCE BOOK #10, PAGE #97
PUBLIC HEARING – APPALCART FISCAL YEAR 2000/2001 GRANTS
Chairman Hodges declared a public hearing open at 7:11 P.M. to consider AppalCART’s Fiscal Year 2000/2001 grant application for the Rural Operating Assistance Program.
AppalCART Director, Chris Turner, reviewed the proposed allocations for the following programs:
Elderly and Disabled Transportation Assistance Program
Project on Aging $11,250
Watauga Opportunities $11,000
Carolina Friendship House $ 3,350
AppalCART $ 8,000
Social Services $ 6,289
Total $39,889
Work First/Employment Transportation Program
AppalCART $ 3,922
Rural General Public Transportation Program
AppalCART $12,399
Mr. Turner noted the AppalCART Board had reviewed the proposed allocations and recommended the Board of Commissioners’ approval to submit the application to the State by the June 30, 2000 deadline.
There being no public comment, Chairman Hodges declared the public hearing closed at 7:15 P.M.
Commissioner Coffey seconded by Commissioner Lawrence, moved to endorse AppalCART’s allocations for the Rural Operating Assistance Program for Fiscal Year 2000/2001 as presented.
VOTE: Aye-5
Nay-0
COVE CREEK PRESERVATION & DEVELOPMENT REQUEST
Mr. Jack Simpson, Cove Creek Preservation & Development (CCP&D) Board Member, addressed the Board regarding the installation of a Geo-Thermal HVAC system in the old Cove Creek School. He stated a meeting was held a few weeks ago with an engineer, Parks & Recreation Director, Deb Wynne, and Maintenance Supervisor, Robert Marsh, regarding the site preparation for this project. Mr. Simpson explained that the CCP&D had intended to install the geo-thermal field in the football field area in front of the building, however, after the meeting with the engineer, it became apparent that the proposed installation would prohibit use of the field for recreational purposes for approximately a year. Therefore, CCP&D felt the best plan was to install the field with vertical wells located behind the building, which would be less inconvenient. Mr. Simpson stated CCP&D requested the County provide the necessary equipment to prepare the proposed site which included grading and clearing a “shelf area” (150 ft. x 40 ft.) approximately 100 feet back of the rock building. In addition, he had spoken with Operation Services Director, J. V. Potter, who estimated the site preparation would take less than a week and would not impair the Sanitation Department’s staff day-to-day operations.
Vice-Chairman Sweeting seconded by Commissioner Kohles, moved to approve the request from the Cove Creek Preservation & Development to provide this service.
VOTE: Aye-5
Nay-0
HEALTH DEPARTMENT BUILDING ARCHITECT PROPOSAL
Mr. Randy Jones, David R. Jones Architecture, presented a proposal for architectural design services for the County’s new Appalachian District Health Department building. Mr. Jones’ proposal included approximately 20,000 square feet of building space, parking and landscaping. Mr. Jones stated his fee for this project was 7% based on the following projections:
Probable Cost Estimate (Building Construction Cost) $2,800,000.00
Probable Cost Estimate (Site Construction Cost) $ 714,854.95
Total Construction Costs $3,514,854.95
Therefore, Mr. Jones’ fees were estimated as follows:
Building Construction Cost Design Fee $ 196,000.00
Site Construction Cost Design Fee $ 50,040.00
Total Design Fees $ 246,040.00
Mr. Jones noted that he would oversee the entire project including field inspections and the overall monitoring of the construction process. He briefly reviewed the proposal with the Board and answered questions.
Commissioner Coffey seconded by Commissioner Lawrence, moved to approve the David R. Jones Architecture proposal as presented.
VOTE: Aye-5
Nay-0
REQUEST FOR EXTRATERRITORIAL JURISDICTION BY THE TOWN OF BLOWING ROCK
Blowing Rock Town Manager, Don Holycross, addressed the Board on behalf of the Blowing Rock Town Council. He presented a resolution that was adopted by the Blowing Rock Town Council on June 13, 2000 which authorized the Town of Blowing Rock to extend the extraterritorial jurisdiction (ETJ) within one mile of the Blowing Rock town limits. Mr. Holycross stated that if the Board of Commissioners approved this request, the Town of Blowing Rock would conduct a public hearing to receive input from the residents that would be affected by this extension. Planning & Inspections Director, Joe Furman, clarified the Board’s questions and explained that since the County had a Watershed Prevention Zoning Ordinance in effect, applicable to portions of the proposed ETJ, the Board of Commissioners’ approval was required per G.S. 160A-360. In addition, the new resolution referenced a 1985 agreement whereby the Town of Blowing Rock and the County agreed to share jurisdiction in a portion of the currently proposed ETJ. Accordingly, the 1985 agreement needed to be rescinded.
Commissioner Lawrence seconded by Vice-Chairman Sweeting, moved to grant authorization to the Town of Blowing Rock to extend its extraterritorial jurisdiction as requested and to rescind the 1985 agreement between the Town of Blowing Rock and Watauga County effective upon Blowing Rock’s adoption of the proposed ETJ.
VOTE: Aye-5
Nay-0
FINANCE MATTERS
A. Adoption of the Fiscal Year 2000/2001 Budget Ordinance – Finance Director, Doris Isaacs, presented the County’s Fiscal Year 2000/2001 Budget Ordinance stating the Ordinance incorporated the changes that the Board had made in its last budget work session held on June 5, 2000.
Vice-Chairman Sweeting seconded by Commissioner Kohles, moved to approve the Fiscal Year 2000/2001 Budget Ordinance as presented.
Prior to the vote, Commissioner Coffey asked for and received clarification from the Board of Education Superintendent, Dr. Dick Jones, regarding the School Board’s capital reserve funds and State bond funds. Commissioner Coffey stated he preferred the Board of Commissioners adopt the budget without the proposed 1% tax increase voicing his concerns for the impact this action would have on the County’s low-income residents.
Commissioner Coffey moved to amend the County’s Fiscal Year 2000/2001 Budget Ordinance to appropriate 14% to the School Board rather than the recommended 17.47% allocation that required the 1% tax increase.
No second was made on Commissioner Coffey’s motion.
Vice-Chairman Sweeting stated she had made a previous motion and called for a vote. The following vote was then made on Vice-Chairman Sweeting’s motion to adopt the ordinance as presented.
VOTE: Aye-4 (Hodges, Kohles, Lawrence, Sweeting)
Nay-1 (Coffey)
ORDINANCE BOOK #10, PAGE #99
B. Budget Amendments – Finance Director, Doris Isaacs, presented the following budget amendments for Board approval:
Account # Description Debit Credit
143531-323000 Admn. Cost-Fed/State 4,834
145350-440900 Purchases-Adult Daycare 4,834
To recognize increase in federal and state allocations for the purchase of adult daycare services.
Account # Description Debit Credit
243100-319900 Taxes FY 1999-2000 3,778
244340-469905 Pay to Boone Rural Fire District 3,778
To recognize additional rural fire district tax revenue and appropriations based on actual billings in excess of the tax administrator’s budget estimates.
Account # Description Debit Credit
283100-319901 Taxes FY 1999-2000 3,675
284340-469901 Pay to Foscoe Fire District 3,675
283100-319904 Taxes FY 1999-2000 1,724
284340-469904 Pay to Beaver Dam 1,724
283100-319905 Taxes FY 1999-2000 750
284340-469905 Pay to Stewart Simmons 750
283100-319906 Taxes FY 1999-2000 1,621
284340-469906 Pay to Zionville 1,621
283100-319907 Taxes FY 1999-2000 2,768
284340-469907 Pay to Cove Creek 2,768
283100-319908 Taxes FY 1999-2000 996
284340-469908 Pay to Shawneehaw 996
283100-319909 Taxes FY 1999-2000 1,500
284340-469909 Pay to Meat Camp 1,500
283100-319910 Taxes FY 1999-2000 1,314
284340-469910 Pay to Deep Gap 1,314
283100-319911 Taxes FY 1999-2000 500
284340-469911 Pay to Todd Fire District 500
283100-319912 Taxes FY 1999-2000 1,200
284340-469912 Pay to Blowing Rock Fire District 1,200
To recognize additional fire tax district revenue and appropriations based on actual billings in excess of the tax administrator’s budget estimates.
Account # Description Debit Credit
143583-333000 JCPP-OJJ 2,400
145890-469816 Psychological Ser.-Juvenile Court 1,038
145890-469817 Psychological Ser.-JCPC-County Match 902
145890-469813 JCPP Task Force 500
145890-469809 Watauga Youth Network 3,938
145890-469810 Watauga Youth Network JCPC-
County Match 902
To recognize a grant award of Office of Juvenile Justice discretionary funds in the amount of $2,400 to Watauga Youth Network. Also, to transfer unspent funds between existing OJJ programs. Notification of these budget revisions had been received from the OJJ Office in Black Mountain.
Account # Description Debit Credit
103300-343100 NRBH-Transportation Grant 12,000
104310-412600 Salaries-Part-time 12,000
To recognize the receipt of funds from New River Behavioral HealthCare for the contract with the Sheriff’s Department for transportation of involuntary commitments. These funds were approved at the Board’s February 22, 2000 regular meeting.
Account # Description Debit Credit
103300-343107 Computer System Upgrade 6,750
103980-398121 Transfer from Cap. Reserve 10,373
104310-451000 Capital Outlay-Equip. 10,503
104210-452000 Cap. Outlay-DP Equip. 6,620
219930-442100 Data Processing 5,000
213991-399101 Fund Bal.-Approp. 5,373
219800-498010 Transfer to Gen. Fund 10,373
To recognize additional Department of Crime Control grant funds for the purchase of laptop computers for the Sheriff’s Department and the transfer of funds from the Capital Reserve Fund for the local match. Also, to transfer funds from the Capital Reserve Fund to complete the fiber optics connection for the County’s computer network. This was approved at the Board’s May 23, 2000 regular meeting.
Account # Description Debit Credit
143581-323000 Admn. Cost Reimb. 5,000
145480-438800 Crisis Payments to Clients 5,000
To recognize additional funding authorization for Crisis Intervention Prevention and an increase to Crisis Payment to Clients.
Account # Description Debit Credit
133593-359003 PSFF-Voc. Ed. 285
135912-459003 Cap. Outlay-Voc. Ed. 285
To recognize Public School Facilities Funds expended this fiscal year.
Commissioner Lawrence seconded by Vice-Chairman Sweeting, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
FIBER OPTICS CABLING PROJECT
Information Technologies Manager, Glenda Duncan, addressed the Board regarding the final stages of the fiber optic cabling project linking the Sheriff’s Office and the East Annex offices to the County’s computer network system via an existing fiber optic cable that was installed several months ago for the Sheriff’s video arraignment system. Ms. Duncan stated she had received a quote from Premier Systems, Inc. in the amount of $19,596.90. She added that since the total project cost exceeded $15,000, Board approval was required. Ms. Duncan noted that Premier Systems, Inc. was quite familiar with the site, and there were funds in the current year’s budget to cover this cost.
Commissioner Coffey seconded by Vice-Chairman Sweeting, moved to approve this request.
VOTE: Aye-5
Nay-0
COUNTY BUILDING USE POLICY
County Manager Nelson had provided the Board with the County’s Building Use Policies. Mr. Nelson briefly reviewed the current policies and recommended changes. Following discussion, it was the consensus of the Board to conduct a work session in the future for further discussion, and no Board action was taken. (Clerk’s note: A work session was not scheduled during this meeting).
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Voting Delegate for the NCACC Annual Conference – County Manager Nelson stated the Board needed to appoint a Commissioner as the County’s voting delegate for the upcoming N.C. Association of County Commissioners’ Annual Conference being held August 10-13, 2000 in Durham County.
Commissioner Coffey seconded by Commissioner Kohles, moved to appoint Chairman Hodges as the voting delegate for the N.C. Association of County Commissioners’ Annual Conference.
VOTE: Aye-4 (Coffey, Kohles, Lawrence, Sweeting)
Abstain-1 (Hodges)
B. Boards and Commissions – County Manager Nelson stated the following member’s term expired in June, 2000 on the Boone Board of Adjustment: Rick Foster. In addition, Paul Gragg had resigned his position, therefore, two appointments were required. The Town of Boone recommended the following individuals to serve: Lee Stroupe (to fill the seat resigned by Paul Gragg) and Rick Foster’s reappointment.
Vice-Chairman Sweeting seconded by Commissioner Kohles, moved to appoint Lee Stroupe and Debbie Grant to the Boone Board of Adjustment.
VOTE: Aye-4 (Coffey, Kohles, Lawrence, Sweeting)
Nay-1 (Hodges)
County Manager Nelson noted that Jam Lamm’s term expired in June, 2000 on the Boone Planning Board, and the Town of Boone recommended her reappointment.
Vice-Chairman Sweeting seconded by Commissioner Kohles, moved to reappoint Jan Lamm to the Boone Planning Board.
VOTE: Aye-5
Nay-0
County Manager Nelson stated the following members’ terms expired June 30, 2000 on the Region D Certified Development Corporation: James Wilcox, Carroll Garland, Pat Wilkie and Tim Wilson. It was noted that the following members had agreed to continue to serve: James Wilcox, Carroll Garland and Pat Wilkie.
Vice-Chairman Sweeting seconded by Commissioner Kohles, moved to appoint Bill Williamson and Carl Roten and to reappoint Pat Wilkie and Carroll Garland to the Region D Certified Development Corporation.
VOTE: Aye-4 (Coffey, Hodges, Kohles, Sweeting)
Nay-1 (Lawrence)
County Manager Nelson stated the Criminal Justice Partnership Board had submitted the following names of individuals to serve effective July 1, 2000.
1-Year Appointments
James Atkinson, Dept. of Social Services
Judge Kyle D. Austin
Commissioner Art Kohles
Judge Bill Leavell
Tom Rusher, District Attorney
Barbara Zaitzow, Dept. PS/CJ-ASU
2-Year Appointments
David Gales, Magistrate
Shannon Hamby-Stapleton, Community Service
Bruce Kaplan, Attorney
David McKethan, Citizen
William B. Rogers, Vincent Properties
Suzi Woodard, CBA Task Force
3-Year Appointments
Robert Kennedy, Town of Boone Police Dept.
Gail Hawkinson, Director, New River Behavioral HealthCare
James “Red” Lyons, Sheriff
William Neal, Chief Probation Officer/CJPP Chair
Robert E. Nelson, Jr., County Manager
Jim Thornton, MA, New River Behavioral HealthCare
Commissioner Coffey seconded by Vice-Chairman Sweeting, moved to approve the list of individuals as presented.
VOTE: Aye-5
Nay-0
C. Announcements – County Manager Nelson reminded the Board of the N.C. Association of County Commissioners’ Annual Conference scheduled for August 10-13, 2000 to be held at the Sheraton Imperial Hotel in Durham County, N.C.
In addition, Mr. Nelson stated the N.C. Association of County Commissioners had scheduled an information meeting regarding Stormwater Management for Monday, June 26, 2000 at 1:00 P.M. at the Asheville-Buncombe Community College in Asheville, N.C.
County Manager Nelson reviewed the following schedule for the Board’s community meetings:
8/15/00 Shawneehaw VFD
9/19/00 Triplett VFD
10/17/00 Mabel Elementary School
11/21/00 Valle Crucis Elementary School
County Manager Nelson informed the Board that the Caldwell Community College and Technical Institute Board of Trustees had invited the Board of Commissioners to a dinner meeting to be held on September 21, 2000 at 6:00 P.M. at the Daniel Boone Inn.
CLOSED SESSION
Commissioner Coffey seconded by Vice-Chairman Sweeting, moved to enter Closed Session at 8:18 P.M. to discuss: Land Acquisition – G.S. 143-318(a)(5)(i).
VOTE: Aye-5
Nay-0
Following a brief recess, the Board entered Closed Session at 8:25 P.M.
Commissioner Lawrence seconded by Commissioner Coffey, moved to resume the regular meeting at 8:41 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
Commissioner Coffey seconded by Commissioner Lawrence, moved to adjourn the meeting at 8:42 P.M.
VOTE: Aye-5
Nay-0
Jimmy Hodges, Chairman
ATTEST:
Elizabeth H. Link, Clerk to the Board