MINUTES

 

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, MAY 17, 2011

 

 

            The Watauga County Board of Commissioners held a regular meeting on Tuesday, May 17, 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

                                                Jim Deal, Commissioner

                                                Tim Futrelle, Commissioner

                                                Vince Gable, 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.

 

            Chairman Miller stated that Vice-Chairman Blust was called out-of-town due to a family emergency.

 

            Commissioner Deal opened the meeting with a prayer and Commissioner Gable led the Pledge of Allegiance.

 

APPROVAL OF MINUTES

 

            Chairman Miller called for additions and/or corrections to the May 3, 2011, regular and closed session minutes.

 

            Commissioner Futrelle, seconded by Commissioner Deal, moved to approve the May 3, 2011, regular meeting minutes as presented.

 

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

              Nay-0

              Absent-1(Blust)

 

            Commissioner Futrelle, seconded by Commissioner Deal, moved to approve the May 3, 2011, closed session minutes as presented.

 

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

              Nay-0

              Absent-1(Blust)

 

APPROVAL OF AGENDA

 

            Chairman Miller called for additions and/or corrections to the May 17, 2011, agenda.

 

            County Manager Nelson requested to add a Courthouse Security Proposal after Item # 9.

 

            Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the May 17, 2011, agenda as amended.

 

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

              Nay-0

              Absent-1(Blust)

 

INTRODUCTION OF NEW COUNTY FOREST RANGER

 

Mr. Hunter Birckhead, Chief District Forest Ranger, introduced the County's new Forest Ranger, Mr. Mark Hildebran, who was to assume the position vacated by the retirement of long-time County Ranger Rudy Johnson.  Mr. Hildebran stated that he was thankful for the opportunity to serve as the Forest Ranger for Watauga County and excited to begin his new position.

 

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

 

REGISTER OF DEEDS SOFTWARE PROPOSAL FOR REDACTION OF CONFIDENTIAL INFORMATION

 

            Ms. JoAnn Townsend presented a proposal for computer services from Courthouse Computer Systems in the amount of $24,500.  This quote was the lowest bid received for a service that was to allow for optical character recognition to be applied to approximately 1.4 million images located on the Register of Deeds' website to identify and redact social security and driver license numbers pursuant to NCGS 132-1.10(f1).  Ms. Townsend stated that funds were available from the Register of Deeds' Automation, Enhancement, and Preservation Fund per NCGS 161-11.3.

 

            Commissioner Gable, seconded by Commissioner Futrelle, moved to authorize the Register of Deeds to contract with Courthouse Computer Systems in the amount of $24,500 for computer services as presented with funding to be allocated from the Register of Deeds' Automation, Enhancement, and Preservation Fund.

 

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

              Nay-0

              Absent-1(Blust)

 

COOPERATIVE EXTENSION UPDATE

 

            Ms. Wendy Patoprsty, Watauga County Natural Resources Extension Agent, gave a report on Cooperative Extension services.  Ms. Patoprsty shared that:

  • a workshop was recently held teaching the installation and benefits of rain gardens
  • the Operation Medicine Task Force recently held a successful no-questions-asked medication take-back program which yielded the receipt of approximately 665,000 pills and 60 gallons of medications that might otherwise have ended up in the hands of children and/or in the County's rivers and streams
  • a grant had been received in the amount of $241,000 for Beaver Dam watershed repairs
  • programs were held with over 800 children in area schools

 

Ms. Patoprsty stated that suggestions were always appreciated for ideas regarding projects and/or programs appropriate through Cooperative Extension services.

 

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

 

PLANNING AND INSPECTIONS MATTERS

 

A.        Proposed Watershed Ordinance Amendment – Mr. Joe Furman introduced recommended changes to the County's watershed ordinance as follows (deletions in strikethrough and additions in italic red print):

 

Section 104.  Applicability To Agricultural Uses.

These regulations may not affect This Ordinance shall not affect bona fide farms, but any use of farm property for nonfarm purposes is subject to the regulations.  Bona fide farm purposes include the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture products having a domestic or foreign market.  (NCGS 153A-340)

 

The amendments were discussed at the recent public hearing regarding the Town of Boone's proposed New River intake where citizens expressed concern regarding the use of the word "may" as opposed to "shall" when referring to agricultural uses.

 

County Attorney Eggers stated that the words "may" and "shall" read as the same interpretation in this case; however, the word "shall" was technically correct.

 

Mr. Furman stated that if the amendments were to be considered, a public hearing would be required and, if the amended ordinance was subsequently adopted, then North Carolina Department of Environment and Natural Resources approval of the amended ordinance would be required as well.

 

            Commissioner Deal, seconded by Commissioner Gable, moved to set a public hearing for the second regular meeting in June with the public hearing to begin at 6:00 P.M.

 

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

              Nay-0

              Absent-1(Blust)

 

                [Clerk's Note:  As decided at a later time during this meeting, the regular meeting schedule for the months of June and July 2011 was amended; therefore, the public hearing date was Tuesday, June 28, 2011, with the meeting beginning at 5:00 P.M. and the public hearing beginning at 6:00 P.M.]

 

B.         Brookshire Greenway Extension Discussion – Mr. Furman discussed developments in the planned Brookshire Greenway extension as funded through a $90,000 stimulus grant from the Department of Transportation (DOT).  The funding was originally budgeted for engineering and materials with labor and equipment to be provided by the County; however, upon further investigation by the DOT, it was determined that, since this project utilized federal stimulus funding, the stringent bidding and construction standards of the Department of Transportation and the Federal Highway Administration would be applied.  Therefore, the cost estimate for construction of this project was approximately double the $90,000 available in DOT funding.  Mr. Furman reported that staff recommended delaying this project and seeking other funding which would allow the use of County staff and equipment as originally planned.  Mr. Furman stated that the County could not spend the stimulus grant funds but could request the DOT to transfer the funds to a similar project.

 

            Mr. Eric Woolridge, Watauga County TDA Outdoor Recreation Specialist, recommended the County request that the Department of Transportation transfer the $90,000 stimulus grant funding to the Middlefork Greenway project to allow for engineering services for an underpass to be located on Highway 321 to prepare this project to the "shovel-ready" level for completion by the DOT.  Mr. Woolridge stated that the underpass project currently ranked as number eleven in the State in the DOT's Transportation Improvement Plan for bicycles and pedestrians.

 

            By consensus, the Board tabled this item to allow for the review of information regarding the Middlefork Greenway Project.

 

FINANCE MATTERS

 

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

 

Account #                    Description                                                              Debit            Credit

663740-350000           Landfill Tipping Fees                                                              $178,978

667420-457001           Capital Outlay-Land Improvements                   $178,978

 

            The amendment recognized additional revenue (due to storm debris) to fund the paving contract as approved at the May 3, 2011, regular Board meeting.

 

Commissioner Deal, seconded by Commissioner Futrelle, moved to approve the budget amendment as presented by Ms. Pierce.

 

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

              Nay-0

              Absent-1(Blust)

 

            B.         Presentation of Smoky Mountain Center Audited Financial Statements – Ms. Pierce, Finance Director, presented the Smoky Mountain Center Quarterly Report ending March 2011, as required by Statute.

 

            This report was submitted for information only; therefore, no action was required.

 

PROPOSED PROPERTY AND LIABILITY INSURANCE AND WORKERS COMPENSA-TION RENEWALS

 

            Deputy County Manager Geouque presented renewal rates for property and liability insurance and workers compensation from the North Carolina Association of County Commissioners (NCACC).  The proposed rate for property and liability was $250,529, a decrease of $17,732 from the current rate.  The proposed rate for workers compensation was $193,679, a slight increase of approximately $400 from the current rate.  The Deputy County Manager stated that staff recommended the acceptance of both quotes from the NCACC.

 

            Commissioner Futrelle, seconded by Commissioner Deal, moved to approve the NCACC proposals for property and liability insurance, in the amount of $250,529, and workers compensation, in the amount of $193,679.

 

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

              Nay-0

              Absent-1(Blust)

 

COURTHOUSE SECURITY PROPOSAL

 

            Deputy County Manager Geouque presented a quote from Creekside Electronics, Inc. in the amount of $25,414 for courthouse security equipment which was to allow for one public and one staff entrance with the remaining doors of the courthouse to be used as emergency egresses and installed with panic alarm hardware.  The public access entrance was to be from the King Street level with a walk-through metal detector/scanner, cameras, panic buttons, networked access controls, and a control panel.  The staff entrance was to be located at the northeast side of the building with a video intercom, cameras, and key fob access.  The Deputy County Manager stated that the system was expandable and, therefore, the types of entrances could be changed in the future.  Funds were available in the Administrative Contingency Budget.

 

            Commissioner Deal, seconded by Commissioner Gable, moved to approve the purchase of courthouse security equipment from Creekside Electronics, Inc., in the amount of $25,414, with funds to be allocated from the Administrative Contingency Budget as presented.

 

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

              Nay-0

              Absent-1(Blust)

 

MISCELLANEOUS ADMINISTRATIVE MATTERS

 

A.        Proposed Resolution Regarding Justus Road ImprovementsCounty Manager Nelson presented a proposed resolution in support of safety improvements to Justus Road.

 

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

 

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

              Nay-0

              Absent-1(Blust)

 

B.         Proposed Resolution Opposing HB 917 (Modify Local Sales Tax City Distribution) – County Manager Nelson presented a resolution in opposition to House Bill 917 regarding the modification of local sales tax distributions.

 

            Commissioner Gable, seconded by Commissioner Deal, moved to adopt the resolution as presented.

 

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

              Nay-0

              Absent-1(Blust)

 

            C.        Discussion of Lottery Funds – County Manager Nelson stated that the North Carolina Association of County Commissioners (NCACC) had requested that each county contact their senators to request that lottery funds be restored to their original appropriations adopted in 2005.

 

            Commissioner Deal, seconded by Commissioner Gable, moved to direct the County Manager to send a letter to Senator Soucek requesting the Senate restore lottery fund appropriations as adopted in 2005.

 

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

              Nay-0

              Absent-1(Blust)

 

            D.        June and July Meeting Schedules – County Manager Nelson stated that there was a potential conflict with the second regular meeting date in June.  The County Manager also stated that the Board had historically cancelled their first regular July meeting due to the Independence Day Holiday.

 

            After discussion, and by consensus, the Board agreed on the following regular meeting schedule for the months of June and July 2011:

 

            Tuesday, June 7, 2011, at 8:00 A.M.

            Tuesday, June 28, 2011, at 5:00 P.M. (with the public hearing to begin at 6:00 P.M.)

            Tuesday, July 12, 2011, at 5:00 P.M.

 

E.         Boards and Commissions – County Manager Nelson stated that the Region D Development Corporation was a Certified Development Company that assisted the US Small Business Administration in delivering, marketing, and packaging loans to small business throughout the region.  Per their bylaws, each county was required to appoint four persons to serve as members of the Development Corporation in May of each year.  The representative categories were local government (1), private lending institution (1), and community organization and/or a business organization (2).  The following are Watauga County's current appointees:  Mr. Fowler Cooper (Local Government); Mr. Brian Crutchfield (Community Organization); Mr. Jim Furman (Business Organization); and Mr. Brian Riggins (Private Lending Institution).

 

            Commissioner Deal, seconded by Commissioner Futrelle, moved to reappoint the following to the Region D Development Corporation:  Mr. Fowler Cooper as the local government representative; Mr. Brian Crutchfield as the community organization representative; Mr. Jim Furman as the business organization representative; and Mr. Brian Riggins as the private lending institution representative.

 

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

              Nay-0

              Absent-1(Blust)

 

            County Manager Nelson stated that the Chairman was responsible for appointing members of the Workforce Development Board.  The terms of Sandy Reese, representing the private sector, and David Edwards, representing, public sector community–based organizations, were set to expire June 30, 2011. 

 

            County Attorney Eggers stated that the Chairman could report those appointments to the Clerk as action was not required in open session for the appointments.

 

            County Manager Nelson stated that the Economic Development Commission had four terms that were set to expire June 30, 2011.  Each term was for three years and members could serve only two consecutive terms.  The terms of Mr. Jason Triplett, Mr. Bill Leonard, and Mr. Fowler Cooper were up and they were not eligible for reappointment.  The term of Ms. Mary Hall was also set to expire; however, Ms. Hall was eligible and willing to continue to serve if so reappointed.  The EDC had not made an official recommendation for appointments; however, Mr. Ben Shoemake, Mr. Wallace Greer, Mr. Dave Edwards, and Mr. Ed Shuford, all bankers, were recommended by current EDC members; however, contacts had not been made to see if there was interest in serving.  Mr. Tommy Sofield, owner of US Steel Buildings, was willing to serve if appointed.

 

This was a first reading for the EDC appointments and, therefore, no action was required.

 

            County Manager Nelson stated that the Board of Commissioners was required to appoint a Dangerous Dog Board to hear appeals from owners whose dogs had been deemed a public nuisance or "dangerous" by Animal Care and Control.  The following were recommended for appointment to this Board:  Mr. Dave Simpkins, Ms. Lynne Northup, and Ms. Candy Gamble as members and Ms. Rebecca Tomlinson Russell and Ms. Cassie Welsh as alternates.  Staff recommended the Board waive the first reading and make appointments as there was potential for an appeal to be filed in the near future.

 

Commissioner Deal, seconded by Commissioner Futrelle, moved to waive the second reading and appoint Mr. Dave Simpkins, Ms. Lynne Northup, and Ms. Candy Gamble as members of the Dangerous Dog Board and Ms. Rebecca Russell and Ms. Cassie Welsh as alternates.

 

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

              Nay-0

              Absent-1(Blust)

 

F.         Announcements – County Manager Nelson announced that the Board of Equalization and Review was scheduled to meet May 18 and 19, 2011, at 5:00 P.M. in the Commissioners' Conference Room.

 

County Manager Nelson announced that the Caldwell Community College and Technical Institute Board of Trustees had invited the Board of Commissioners to attend their meeting scheduled for May 18, 2011, at 6:00 P.M. at Watauga High School.

 

            County Manager Nelson announced that General Assembly Day was scheduled for May 25, 2011, in Raleigh with free registration available through May 18.

 

PUBLIC HEARING TO ALLOW FOR CITIZEN COMMENT ON THE FY 2012 RECOMMENDED BUDGET

 

Chairman Miller stated that a public hearing had been scheduled to allow citizen comment on the recommended budget for fiscal year 2012.  The Chairman requested that speakers limit comments to three minutes and restrict comments to the subject of the public hearing as stated.

 

Commissioner Gable, seconded by Commissioner Deal, moved to declare the public hearing open at 6:06 P.M.

 

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

              Nay-0

              Absent-1(Blust)

 

The following individuals addressed the Board regarding the recommended budget:

 

Jack James, Friends of the Library

Audrey Hartley, Watauga County Library and Appalachian Regional Library Boards

Kathy Parham, Children's Playhouse

Rebecca Cummings, Children's Playhouse

Karen Carter, Citizen

Janice Carroll, Green Valley Park

Jennifer Brown, Blowing Rock Parks and Recreation

Rusty Henson, Board of Elections

Rob Angle, Hospitality House

Jill Kuykendall, Hospitality House

Samantha Shay, Hospitality House

Deborah Miller, Board of Education

Marty Hemric, Watauga County Schools

Eric Schlenker, Community Care Clinic

Omer Tomlinson, Boone Area Chamber of Commerce

Terry Hamilton, Watauga County Library & Southern Appalachian Historical Society

Brian Cornell, Children's Council

Kaaren Hayes, Parent To Parent

Alice Naylor, Parent To Parent

Bunk Spann, Citizen

Compton Fortuna, Hunger and Health Coalition

Sara Strickland, Hardin Park Elementary School Parent

 

            There being no further public comment, Chairman Miller declared the public hearing closed at 7:06 P.M.

 

            Board action was not required and, therefore, none was taken.

 

PUBLIC COMMENT

 

There was no public comment:

 

 

CLOSED SESSION

 

            At 7:06 P.M., Commissioner Deal, seconded by Commissioner Futrelle, 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-4(Miller, Deal, Futrelle, Gable)

              Nay-0

              Absent-1(Blust)

 

Commissioner Futrelle, seconded by Commissioner Deal, moved to resume the open meeting at 7:37 P.M.

 

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

              Nay-0

              Absent-1(Blust)

 

ACTION AFTER CLOSED SESSION

 

            County Manager Nelson presented a letter from the Board of Education requesting that all but $200,000 of the retainage being held from Barnhill/Vannoy for the new high school project be released.

 

            Commissioner Deal, seconded by Chairman Miller, moved to release all but $200,000 of the remaining retainage to Barnhill/Vannoy for the new high school project as requested by the Board of Education and to authorize staff to release the remaining $200,000 upon the satisfaction of the Board of Education.

 

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

              Nay-0

              Absent-1(Blust)

 

            Commissioner Deal, seconded by Commissioner Futrelle, moved to schedule a budget work session for Tuesday, May 31, 2011, at 5:00 P.M. in the Commissioners' Conference Room, Watauga County Administration Building.

 

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

              Nay-0

              Absent-1(Blust)

 

ADJOURN

 

Commissioner Futrelle, seconded by Chairman Miller, moved to adjourn the meeting at 7:40 P.M.

 

 

 

Nathan A. Miller, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board