MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, NOVEMBER 15, 2005
The Watauga County Board of Commissioners held a regular meeting on Tuesday, November 15, 2005, at 6:00 P.M. in the Board Room of the Watauga County Courthouse.
PRESENT: Jim Deal, Chairman
William R. Winkler, III, Vice-Chairman
David Blust, Commissioner
Keith Honeycutt, Commissioner
Winston Kinsey, Commissioner
Andrea Capua, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Assistant County Manager
Anita J. Fogle, Clerk to the Board
Chairman Deal called the meeting to order at 6:02 P.M. welcoming those in attendance.
Vice-Chairman Winkler opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the October 25, 2005, special meeting minutes and the November 1, 2005, regular meeting minutes and closed session minutes.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the October 25, 2005, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the November 1, 2005, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the November 1, 2005, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the November 15, 2005, agenda.
Discussion of scheduling meeting dates for water/sewer issues and Board of Equalization and Review was requested to be added under Miscellaneous Administrative Matters Item D.
Commissioner Blust, seconded by Vice Chairman Winkler, moved to approve the November 1, 2005, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON CHARTER COMMUNICATIONS’ CABLE RATE INCREASE
Chairman Deal declared the public hearing open at 6:05 P.M. to allow for comment on Charter Communications’ announced cable rate increase.
Mr. Phil Herrin with Charter Communications answered questions from the Board.
There being no public comment, Chairman Deal declared the public hearing closed at 6:09 P.M.
Chairman Deal stated that the public hearing was called to allow for public comment however, County had no authority to regulate cable rates.
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON THE PROPOSED OCCUPANCY TAX FOR WATAUGA COUNTY DISTRICT U
Chairman Deal declared the public hearing open at 6:09 P.M. to allow for comment on the proposed occupancy tax for Watauga County District U.
The proposed tax was a 6% tax on short-term occupancies in hotels, motels, beds and breakfast, condos, homes, and cabins in the unincorporated areas of Watauga County. The tax as proposed was to be collected by the Watauga County Tax Department and was to be used for tourism promotions and tourism development activities. Staff recommended that if adopted, the tax be enacted beginning July 1, 2006.
Mr. Rob Holton shared ideas for uses of the taxes collected.
There being no further public comment, Chairman Deal declared the public hearing closed at 6:15 P.M.
The Board directed the County Manager to prepare a draft resolution enacting the occupancy tax for consideration at the December 5, 2005, meeting.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT REGARDING THE CLOSEOUT OF COMMUNITY DEVELOPMENT BLOCK GRANT SCATTERED SITE HOUSING PROGRAM GRANT #03-C-1104
Chairman Deal declared the public hearing open at 6:20 P.M. to allow for comment regarding the closeout of the Community Development Block Grant Scattered Site Housing Program (Grant # 03-C-1104).
Mr. Joe Furman, Planning and Inspections Director, reviewed the CDBG process and requested approval to close out Grant # 03-C-1104.
There being no public comment, Chairman Deal declared the public hearing closed at 6:21 P.M.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to authorize staff to sign and submit the closeout documents.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT REGARDING THE CLOSEOUT OF COMMUNITY DEVELOPMENT BLOCK GRANT ENTREPRENEURSHIP DEMONSTRATION GRANT #04-R-1285
Chairman Deal declared the public hearing open at 6:21 P.M. to allow for comment regarding the closeout of the Community Development Block Grant Entrepreneurship Demonstration Grant (Grant # 04-R-1285).
Mr. Joe Furman, Planning and Inspections Director, reviewed the CDBG process and the successes of the Entrepreneurship Demonstration Grant and requested approval to close out Grant # 04-R-1285.
There being no public comment, Chairman Deal declared the public hearing closed at 6:24 P.M.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to authorize staff to sign and submit the closeout documents.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO CONSIDER NEW PUBLIC/PRIVATE ROAD NAMES
Chairman Deal declared the public hearing open at 6:24 P.M. to allow for comment on new public/private road names have been added to the master road name list since the last public hearing.
Mr. Joe Furman presented the list of new road names.
There being no public comment, Chairman Deal declared the public hearing closed at 6:26 P.M.
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to adopt the new road names as presented.
VOTE: Aye-5
Nay-0
LANDFILL METHANE GAS PROJECT UPDATE
Mr. Stan Steury with Blue Ridge Resource and Development Corporation gave an update on the Watauga County methane gas project at the closed landfill and requested that the Board formally establish a Watauga County Energy Park surrounding the Watauga County landfill and appoint a committee known as the Watauga County Energy Park Working Group to govern its operations. Mr. Steury submitted the following recommended members for this working group:
Jeff Tiller, ASU Technology/Energy Efficiency
Dennis Grady, ASU Energy
Stan Steury, Blue Ridge RC&D
J. V. Potter, Watauga County Operation Services Manager
Rocky Nelson, Watauga County Manager
Sue Counts, Cooperative Extension Service
Charles Church, New River Organic Growers
Matt Cooper, Hunger Coalition & Appalachian Community fro Progressive Sustainability
Terry Carroll, ASU Biology/Greenhouse
Cherry Johnson, Watauga Arts Council
One Watauga County Commissioner
Rudy Johnson, Forester
Animal Shelter Manager
Jeff Ramsdell, ASU Technology/Alternative Fuels
Dennis Scanlin, ASU Technology/Wind/Solar
Brian Crutchfield, Blue Ridge Electric Membership Corporation
Mr. Steury reported that to date, the collections system was in place with a permanent vacuum flare station to be installed by the end of November. The energy park group was to seek to obtain grants for projects to use the energy with the primary goal to establish a system to generate electricity for Sanitation Department operations. Other possible uses for generated energy were for greenhouses, art studios, bulk refrigeration, and an energy center.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to establish a Watauga County Energy Park Working Group and appoint those recommended by Mr. Steury and Commissioner Kinsey as the Board representative with Commissioner Honeycutt as the alternate.
VOTE: Aye-5
Nay-0
WATAUGACOUNTY FIREFIGHTERS ASSOCIATION FUNDING REQUEST
Mr. Kent Graham and Mr. Terry Combs representing the Watauga County Firefighters Association presented a request from the Watauga County Firefighters Association to fund renovations on the Association’s fire prevention and education trailer. The piece of equipment was jointly owned and used with Avery County who had agreed to pay for half of the repairs. The requested amount from Watauga County was $2,350.
Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the request and allocate $2,350 from the general fund balance to the Watauga County Firefighters Association for repairs to their fire prevention and education trailer.
VOTE: Aye-5
Nay-0
BRUSH GRINDING REQUEST
Mr. J. V. Potter presented a proposal for grinding the brush at the Watauga County landfill. After soliciting proposals, Mr. Potter recommended to award a contract in the amount of $31,500 to Innovative Recycling Services which was $15.75 per ton. As recyclable materials continued to be received, it was requested that this contract be adjusted to the tons on hand at the time the grinding began. Mr. Potter also recommended that $10,000 be set aside to “double grind” a portion of the mulch. This process made a better product that was more readily acceptable for use by the public which facilitated the recycling process.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the brush grinding contract with Innovative Recycling Services in the amount of $31,500, to be adjusted as needed for grinding at $15.75 per ton, and $10,000 for “double grinding”.
VOTE: Aye-5
Nay-0
PROPOSED AMENDMENTS TO THE WATAUGACOUNTY ANIMAL CONTROL ORDINANCE
Mr. Dave Simpkins reviewed proposed changes, requested by the Board, to the Watauga County Animal Control Ordinance.
By consensus the Board directed the County Attorney to review the ordinance for legal issues and the Manager to schedule a work session (approximately 1 ½ hours) on the December 5, 2005, agenda as/if time allowed.
BUDGET AMENDMENTS
Finance Director Doris Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
103991-399101 Fund Balance Approp.-New $300,000
103980-398121 Transfer From Cap. Reserve $800,000
104199-457000 Capital Outlay-Land Purchases $1,100,000
213991-399101 Fund Bal.-Approp.-New $700,000
219930-461201 Future Park Development $100,000
219800-498010 Transfer to the General Fund $800,000
The amendment appropriated funds from the Economic Development Capital Reserve, Future Park Development Capital Reserve and the General Fund Fund Balances to fund the initial payment of $1,100,000 for the purchase of 73.37 acres on Brookshire Road. The remaining $1,500,000 is being financed by the previous owners at an interest rate of 4.5%. Approved at the August 22nd Board meeting.
Account # Description Debit Credit
103839-389000 Misc. Revenue $38,831
103991-399101 Fund Balance Approp.-New $51,700
104269-435100 Maintenance & Repair-Bldg. $90,531
The amendment recognized the receipt of payments by Enterline Russell and Elk Corporation to assist with the replacement of the library roof. The remaining funds needed were appropriated from General Fund Fund Balance. Approved at the October 18th and November 1st Board meetings.
Account # Description Debit Credit
103983-398121 Transfer from Capital Reserve $42,720
104210-452002 Capital Outlay-DP Equipment $29,721
104210-469101 Professional Services-Other $12,000
219930-442100 Data Processing Setaside $42,720
219800-498010 Transfer to the General Fund $42,720
The amendment transferred funds from the Capital Reserve Data Processing setaside funds to the General fund to purchase and install a new server and integrate the current software to the new server. Approved at the September 19th Board meeting.
Account # Description Debit Credit
103991-399101 Fund Balance Approp.-New $45,000
104199-457000 Capital Outlay-Land Purchase $45,000
The amendment appropriated funds from the General Fund Fund Balance to purchase an additional approximate 2 acres adjacent to the Brookshire property. Approved at the October 18th Board meeting.
Account # Description Debit Credit
133593-359012 PSCBF-WHS Plan & Eng. $100,000
133980-398200 Transfer from Capital Reserve $34,000
135912-459012 WHS Planning, Eng., Etc. $134,000
219930-459121 Watauga Co. School Setaside $34,000
219800-498013 Transfer to School Capital Outlay $34,000
The amendment recognized funding from the Public School Capital Building Fund and the transfer of matching funds from the Capital Reserve setaside for schools to fund additional planning, engineering and related expenses for Watauga High School. Approved at the October 18th Board meeting.
Account # Description Debit Credit
104277-458000 Capital Outlay-Bldg. Imp. $17,550
103980-398121 Transfer from Capital Reserve $17,550
219800-498010 Transfer to the General Fund $17,550
219930-461100 Communications Setaside $17,550
The amendment recognized the transfer of funds from the Communications Capital Reserve setaside to the General Fund to complete the connections for the fiber optic network for the new Law Enforcement Center. Approved at the November 1st Board meeting.
Account # Description Debit Credit
103300-341701 HAVA Grant 05/06 $4,290
103991-399101 Fund Balance Approp.-New $1,000
104170-449901 Misc. Expense-HAVA 05/06 $5,290
The amendment recognized the award of a HAVA grant to the Board of Elections. Local match of up to $1,000 required. Grant application approved at the July 19, 2005, Board meeting.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler moved to approve the budget amendments as presented by Ms. Isaacs.
VOTE: Aye-4 (Deal, Winkler, Honeycutt, Kinsey)
Nay-1 (Blust)
PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) POLICIES, PLANS, AND RESOLUTIONS
Mr. Joe Furman stated that Watauga County, as a recipient of Community Development Block Grant funds, was required to adopt policies, plans, and resolutions as presented as a condition of receiving federal funding. Watauga County was currently involved in a CDBG grant for repairs due to the September 2004 storms and also the staff anticipated being eligible for receiving a grant for scattered site housing in 2006. Therefore, Mr. Furman requested adoption of the following documents: 504 ADA Grievance Procedure, Local Economic Benefit for Low- and Very Low-Income Persons Plan (Section 3 Plan), Procurement Policy, Residential Anti-displacement and Relocation Assistance Plan, Optional Coverage Relocation Plan/Resolution, Citizen Participation Plan, Equal Employment and Procurement Plan, Complaint Procedure, Fair Housing Plan, Fair Housing Resolution, and Fair Housing Complaint Procedure.
Commissioner Blust, seconded by Commissioner Honeycutt moved to adopt the 504 ADA Grievance Procedure as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt moved to adopt the Local Economic Benefit for Low- and Very Low-Income Persons Plan (Section 3 Plan) as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt moved to adopt the Procurement Policy as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt moved to adopt the Residential Anti-displacement and Relocation Assistance Plan as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt moved to adopt the Optional Coverage Relocation Plan/Resolution as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt moved to adopt the Citizen Participation Plan as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt moved to adopt the Equal Employment and Procurement Plan as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt moved to adopt the Complaint Procedure as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt moved to adopt the Fair Housing Plan as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt moved to adopt the Fair Housing Resolution as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt moved to adopt the Fair Housing Complaint Procedure as presented by Mr. Furman.
VOTE: Aye-5
Nay-0
VEHICLE BIDS AWARD REQUEST
Assistant County Manager Geouque reviewed a proposal to purchase six vehicles for the Watauga County Sheriff’s Department (1 full-size four-door 4x4 SUV and 5 full-size four-door sedans) and recommended that the 4x4 SUV be purchased from Boone Ford at the price of $22,244.50 which was less than the State contract price. Mr. Geouque recommended that the five Crown Victorias be purchased from Capitol Ford in Raleigh, NC, at the state contract price of $20,572.50 or $102,862.50 for the five. No local dealership matched the contract price on these vehicles. Mr. Geouque stated that funds were in the Sheriff’s Department budget for these vehicles.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the purchase of 1 full-size four-door 4x4 SUV from Boone Ford for $22,244.50 and five full-size four-door Crown Victorias from Capital Ford for $20,572.50 each (5 @ $20,572.50 = $102,862.50).
VOTE: Aye-5
Nay-0
EMERGENCY WATERSHED PROTECTION PROGRAM CHANGE ORDER REQUESTS
Assistant County Manager Geouque reviewed two change orders for the Emergency Watershed Protection (EWP) program. The first was for a change in the contract with North State Environmental, Inc., to increase the linear footage being repaired from 900 to 1900 feet. The total amount of the change order was $115,000. Mr. Geouque stated that the second change order was to restore a berm which was to restore the land back to its original state. The amount of this change order was $4,800 and was also with North State Environmental, Inc. Mr. Geouque stated that sufficient EWP funds were available to cover the change orders.
Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to approve the change order for North State Environmental, Inc., in the amount of $115,000 and the change order for North State Environmental, Inc., in the amount of $4,800.
VOTE: Aye-5
Nay-0
PROPOSED EMPLOYEE INSURANCE RENEWALS (MEDICAL, DENTAL, AND LIFE)
Assistant County Manager Geouque presented quotes that were received for Watauga County employee medical, dental, and life insurance benefits. Mr. Geouque recommended continuing coverage with Blue Cross Blue Shield through the North Carolina Association of County Commissioners for medical insurance with an increase in premiums of 14.9 %. Mr. Geouque stated that with the 4.9 % reduction in last year’s rates, the two year average rate increase was 5 % per year. Mr. Geouque recommended that the contract for dental coverage be awarded to GE Financial Assurance with rates offered 12.8 % lower than the current contract. Mr. Geouque recommended awarding the contract for life insurance to Genworth Financial. Premium amounts were to stay the same as the current year with an increase in benefits provided.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve continuing coverage with the North Carolina Association of County Commissioners Insurance Pool for medical insurance with Blue Cross/Blue Shield at a rate increase of 14.9% and obtain coverage with GE Financial Assurance for dental insurance at a rate decrease of 12.8% and with Genworth Financial for life insurance with premium amounts remaining the same with an increase in benefits.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Proposed Town of Boone Lease for Parking Spaces – County Manager Nelson reviewed a proposed lease with the Town of Boone for parking spaces closest to the Courthouse on Queen Street. The Town of Boone was to furnish 10 spaces for safety vehicles at no charge and 34 additional spaces were to be leased in the amount of $10,000 per year. The County Manager stated that at the last meeting he had reported negotiations for 10 free and 40 additional spaces; however, the total spaces available were 44.
Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the lease agreement for 34 parking spaces for $10,000 per year with an additional 10 free parking spaces for emergency vehicles.
VOTE: Aye-5
Nay-0
B. Out of State Travel Request – County Manager Nelson stated that due to an emergency situation, he had pre-approved for a Social Worker to travel to Nashville, Tennessee the morning of November 9, 2005, to pick up a child that was in Watauga County custody. As all out of state travel requests required Board approval, this request was made after the fact due to the urgency of the situation.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the out of state travel request as presented by County Manager Nelson.
VOTE: Aye-5
Nay-0
C. Boards and Commissions – County Manager Nelson stated that the four-year at-large term of Watauga County Planning Board member (and Chairman) Ric Mattar was to expire in December 2005 and Mr. Mattar was willing to continue to serve if reappointed.
County Manager Nelson stated that the term of Watauga County Nursing Home Advisory Community Advisory Committee member Judith Wesson expired October 19, 2005, and Ms. Wesson was willing to continue to serve if reappointed.
The above were first readings and therefore Board action was not required at this time.
County Manager Nelson stated that the Farmland Preservation Advisory Boards had two vacancies. The Advisory Board recommended the appointment of Johnny Moretz and Ricky Critcher for three year terms each.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to appoint Mr. Johnny Moretz and Mr. Ricky Critcher to three year terms to the Farmland Preservation Advisory Board.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that the Boone Board of Adjustment had a vacancy for an extra territorial jurisdiction alternate. County Manager Nelson stated that Mr. David Risk was considered for appointment at the previous meeting.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to appoint Mr. David Risk as the ETJ Alternate member to the Boone Board of Adjustment.
VOTE: Aye-5
Nay-0
D. Discussion of Scheduling Meetings – County Manager Nelson stated that the Town of Boone was willing to host the next joint meeting with the County, Towns of Boone and Blowing Rock, and ASU regarding discussions on water and sewer issues. The Town of Boone requested from the County the amount of gallons estimated to be used by Watauga County by the year 2030. Mr. Joe Furman estimated 2 million gallons per day.
The Board directed the County Manger to send the requested information to the Town of Boone and to request suggested dates for the joint meeting.
County Manager Nelson stated that Ashe County was interested in working jointly to discuss water and sewer issues and was willing to host a joint meeting with the Watauga County Board of Commissioners for such discussion.
The Board directed the County Manager to contact the Ashe County Manager and recommend the following dates for the proposed joint meeting: December 6th, 7th, 12th, or 14th, from 4:00 P.M. to 6:00 P.M.
County Manager Nelson stated that the Board of Equalization and Reviewed needed to reconvene for a short meeting and recommended the meeting be held prior to the December 5, 2005, regular scheduled Board meeting.
The Board directed the Tax Administrator to schedule a Board of Equalization and Review meeting from 8:30 A.M. till 9:00 A.M. on December 5, 2005.
D. Announcements – Commissioner Honeycutt presented a proposal from the Volunteer Resource Center (formerly known as the Volunteer Outreach Center) which stated that the agency was moving in the direction of non-profit management and were proposing to act as a liaison for the County and local non-profits much in the same way as United Way.
The Board directed the County Manager to reserve time for discussion of such at the fiscal year 2007 budget work sessions.
PUBLIC COMMENT
Ms. Ann Burgess shared concerns regarding DOT placing a sign on her property.
The Board directed the County Manager to reserve time on the Monday, December 5, 2005, agenda for discussion of this matter.
CLOSED SESSION
At 8:01 P.M., Commissioner Honeycutt, seconded by Commissioner Blust, moved to enter Closed Session to discuss Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Prior to beginning Closed Session, Vice-Chairman Winkler, seconded by Commissioner Blust, moved to resume the open meeting at 8:09 P.M. to amend the agenda.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to add Attorney Client Matters, per G. S. 143-318.11(a)(3) to closed session.
VOTE: Aye-5
Nay-0
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to re-enter Closed Session to discuss Personnel Matters, per G. S. 143-318.11(a)(6) and Attorney Client Matters, per G. S. 143-318.11(a)(3).
Commissioner Blust, seconded by Commissioner Honeycutt moved to resume the open meeting at 9:00 P.M.
VOTE: Aye-5
Nay-0
ADJOURN
The meeting was adjourned at 9:00 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board