MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, MARCH 16, 2004
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, March 17, 2004, at 7:00 P.M. in the Board Room of the Watauga County Courthouse.
 
                        PRESENT:       James Coffey, Chairman
                                                Jimmy Hodges, Vice-Chairman
                                                David Blust, Commissioner
                                                Keith Honeycutt, Commissioner
                                                Allen Trivette, Commissioner
                                                Stacy C. Eggers, IV, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                    Deron Geouque, Assistant County Manager
                                    Anita Fogle, Clerk to the Board
 
            Chairman Coffey called the meeting to order at 7:00 P.M. welcoming those in attendance.
 
            A moment of silence was observed.
 
APPROVAL OF MINUTES
 
            Chairman Coffey called for additions and/or corrections to the February 20 &21, 2004, special meeting minutes.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the February 20 & 21, 2004, special meeting minutes as presented.
 
VOTE:    Aye-5
               Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Coffey called for additions and/or corrections to the March 16, 2004, agenda.
 
            County Manager Nelson requested to add as 8(a). a Subdivision Guarantee to be presented by Mr. Joe Furman and an item for discussion under Attorney/Client Matters, per G. S. 143-318.11(a)(3) to the scheduled closed session.
 
Commissioner Blust, seconded by Commissioner Trivette, moved to approve the March 16, 2004, agenda as amended.
 
VOTE:    Aye-5
               Nay-0
 
 
 
LAWENFORCEMENT CENTER CONTRACT PROPOSAL
 
Mr. Jack Hemphill of Hemphill Associates reviewed the following bids that were received for construction of the new Watauga County Law Enforcement Center:
 
CONTRACTOR
BASE BID
REMARKS
Enterline & Russell
$5,858,000
 
Hickory Const
$5,197,000
* $119,900 = $5,316,900 Total
N. C. Monroe
$5,481,400
 
Triangle Contr.
No Bid Submitted
 
J. R. Vannoy
$5,375,800
 
Wilkie
$5,254,073
 
Wishon & Carter
$5,237,325
 
 
* Allowances for:          Poor Soil                $60,000
Testing                    $20,000
Carpet                    $29,900
Demolition               $10,000
     $119,900
 
The low bid received was from Hickory Construction in the amount of $5,197,000 plus $119,900 for allowances for a total bid of $5,316,900. The low bid was substantially higher than the most recently projected costs as presented at a previous meeting at approximately $4.75 million. The increase was due to escalating steel and copper prices.
 
            Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to award the bid for construction of the new Watauga County Law Enforcement Center to Hickory Construction contingent upon Local Government Commission’s (LGC) approval of the requested $5 million financing package and the County Attorney’s review of the construction contracts that were to be drafted for execution by Hickory Construction.
 
VOTE:    Aye-5
               Nay-0
 
EMERGENCY MANAGEMENT MATTERS
 
A.        Grant Application Request – Mr. Seth Norris requested approval to submit a 2004 Hazardous Planning Grant application for $5,000 to North Carolina Emergency Management. If awarded, the grant was to fund a disaster training drill. Mr. Norris stated that the grant required no local match.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the 2004 Hazardous Planning Grant application to North Carolina Emergency Management.
 
VOTE:    Aye-5
               Nay-0
 
           
            B.         Requested Appointments (3) to the Local Emergency Planning Committee – Mr. Norris requested the following appointments to the Local Emergency Planning Committee to fill vacancies: 1) Mr. David Tucker representing Agriculture; 2) Sheriff Shook representing Law Enforcement; 3) Mr. Jeff Barefoot representing Health; and 4) Mr. Seth Norris representing Emergency Management
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to appoint Mr. David Tucker, Sheriff Shook, Mr. Jeff Barefoot, and Mr. Seth Norris to the Local Emergency Planning Committee.
 
VOTE:    Aye-5
               Nay-0
 
VEHICLE BID AWARD REQUEST
 
            Sheriff Shook reviewed bids received for a four-wheel drive sport utility vehicle that was to serve as an emergency response vehicle. The vehicle was being purchased with the 2003 Homeland Security Grant Funds. The cost of the vehicle, up to $30,000, was covered under the grant. The bids received were as follows:
 
Dealership
Vehicle
Amount of Bid
Ross Chrysler
Dodge Durango
$29,800
Mack Brown Chevrolet
Chevrolet Tahoe
$27,000
Boone Ford
Ford Expedition
$25,998
 
Sheriff Shook recommended approval of the bid award to the low bidder, Boone Ford, Inc., for the 2004 Ford Expedition in the amount of $25,998. Sheriff Shook stated that the difference between the bid amount and the $30,000 grant amount could be used to purchase communications equipment.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to award the bid to Boone Ford, Inc., for the 2004 Ford Expedition in the amount of $25,998.
 
VOTE:    Aye-5
               Nay-0
 
ARTS COUNCIL PROJECT REQUEST
 
            Mr. Joe Furman reviewed a proposal from the Arts Council that was first discussed at the Annual Pre-Budget Planning Retreat. At the retreat, instruction was given to the Economic Development Commission to make a recommendation regarding the Arts Council request. 
 
            Mr. Furman stated that implementation of the project to turn the old Vance Recapping space into an Arts Center required $125,000 in renovations as well as $125,000 for operating expenses during the start up period.
 
            Mr. Furman stated that the Economic Development Commission recommended that the County offer a Challenge Grant on a dollar for dollar match bases to the Arts Council for any amount raised up to $50,000. The EDC requested that the Economic Development Capital Outlay Funds be used for renovation only. Mr. Furman stated that the Arts Council was to obtain a 15 year lease on the property.
 
            Ms. Cherry Johnson, Director, and Dr. Harry Davis, Treasurer, for the Watauga County Arts Council were present for discussion.
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to offer a challenge grant on a dollar by dollar basis to the Watauga County Arts Council for any amount raised up to $50,000 with funds from the Economic Development Capital Outlay Fund to be used for renovations on the Vance Building space in an effort to locate an Arts Center in said space.
 
VOTE:    Aye-5
               Nay-0
 
WATAUGACOUNTY ARCHITECTURAL SURVEY
 
Mr. Joe Furman reviewed the Watauga County Architectural Survey. The survey was conducted by the North Carolina Department of Cultural Resources utilizing grant funds that the County had received.
 
The historical survey was presented for information only and therefore no action was required.
 
SUBDIVISION PERFORMANCE GUARANTEE
 
            Mr. Joe Furman, Planning and Inspections Director, presented a Subdivision Performance Guarantee from BB&T for eighteen units contained in buildings N, O, P, and 14 of Echota Phase 3 PUD. Mr. Furman stated the performance guarantee ensured completion of improvements.
 
            Commissioner Blust, seconded by Vice-Chairman Hodges, moved to approve the subdivision performance guarantee as presented by Mr. Furman.
 
VOTE:    Aye-5
               Nay-0
 
TAX MATTERS
 
            A.        Revaluation Consultant ProposalMr. Kelvin Byrd presented a contract with RS&M Appraisal Services for consultant services for the revaluation to be completed in 2006 for Watauga County. Mr. Byrd noted that Section IV entitled Compensation had been redrafted based on conversation at the annual retreat. Mr. Byrd stated that tax department staff would be conducting the exempt appraisal portion of the audit and therefore would save $25,000 from the contract as presented.
 
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the contract with RS&M Appraisal Services for consulting services for the 2006 revaluation for $85,000, with additional commercial/industrial parcels (more than 2,000) billed at $25.00 per parcel and additional exempt parcels (more than 1,000) billed at $25.00 per parcel, contingent upon the County Attorney’s review.
 
VOTE:    Aye-5
               Nay-0
 
            B.         Board of Equalization & Review ScheduleMr. Byrd recommended dates for the Board of Equalization & Review meetings.
 
            By consensus, the Board of E & R will convene on April 26, 2004, and adjourn on April 29, 2004, with meetings scheduled for Monday, April 26, 2004, from 6:00 P.M. till 8:30 P.M., Wednesday, April 28, 2004, from 1:00 P.M. till 4:00 P.M., and Thursday, April 29, 2004, from 6:00 P.M. till 8:30 P.M.
 
Mr. Byrd stated that compensation for meetings of the Board of E&R was historically set in the amount of $75.00.
 
Commissioner Blust, seconded by Commissioner Honeycutt, moved to set the Board of E&R compensation rate at $75.00 per meeting.
 
VOTE:    Aye-5
               Nay-0
 
FINANCE MATTERS
 
A.        Law Enforcement Center Financing – Ms. Doris Isaacs presented the following proposals that were received for financing $5 million for the new Law Enforcement Center.
 
Financial Institution
Amount
Rate
Total Payback
Other Expenses
BB & T
$5,000,000
3.73%
3.73%
$6,422,062.32 (arrears)
$6,375,437.32 (advance)
$12,500
Wachovia
$5,000,000
3.42%
$6,290,100.40
$7,500
RBC Centura
$5,000,000
3.23%
$6,235,249.80
$6,350
 
Ms. Isaacs recommended the low proposer, RBC Centura, at a rate of 3.23% plus $6,350 in other expenses. 
 
            Commissioner Trivette, seconded by Commissioner Blust, moved to accept the RBC financing proposal contingent upon Local Government Commission approval of the $5 million installment purchase contract financing.
 
VOTE:    Aye-5
               Nay-0
 
B.         Budget Amendments – Finance Director Doris Isaacs presented the following budget amendment for Board approval:
 
            Account #                    Description                                                           Debit             Credit
103991-399101           Fund Balance Approp.-New                                                $103,339
109800-498021           Transfer to Capital Reserve                            $103,339
213980-398000           Transfer from General Fund                                                  $103,339
219930-441700           Election Machines                                          $103,339
 
            The amendment appropriated undesignated fund balance for funds budgeted for voting machines in FY 02-03 but not carried over. Funds should have been transferred to Capital Reserve.
 
            Account #                    Description                                                           Debit             Credit
145850-440900           Subsidized Child Daycare                                                       $10,038
143585-323000           Subsidized Daycare Direct Services                 $10,038
 
            The amendment recognized a reduction in the subsidy from the state for Direct Service Allocations for Child Daycare.
 
            Account #                    Description                                                           Debit             Credit
103839-349600           Bill Edmisten Memorial Funds                                                   $3,428
104960-449902           Bill Edmisten Memorial Expend.                         $3,428
 
            The amendment recognized the funds contributed in honor of Bill Edmisten during FY 02/03. The funds needed to be reallocated for the Soil & Water Department to be able to expend them.
 
            Account #                    Description                                                           Debit             Credit
103835-384000           Donations-Animal Control                                                        $2,600
104380-449901           Donations-Spay Neuter Fund                            $2,600
 
            The amendment recognized contributions received by the Animal Control department to be used for multiple purposes including spay/neuter, medications, adoptions, etc.
 
            Commissioner Blust, seconded by Vice-Chairman Hodges, moved to approve the budget amendments as presented.
 
VOTE:    Aye-5
               Nay-0
 
APPOINTMENT OF PERSONNEL ADVISORY COMMITTEE
 
Assistant County Manager Geouque stated that the County Personnel Ordinance contained a provision for the appointment of a Personnel Advisory Committee. Mr. Geouque requested that the following be appointed:
 
Ms. Angie Boitnotte
Ms. Nona Lawrence
Mr. Brent Graybeal
Mr. Travis Isaacs
 
Mr. Geouque asked that a Commissioner also be appointed to serve on this committee. 
 
Commissioner Blust, seconded by Commissioner Trivette, moved to appoint Ms. Angie Boitnotte, Ms. Nona Lawrence, Mr. Brent Graybeal, Mr. Travis Isaacs, and Commissioner James Coffey to the Watauga County Personnel Advisory Committee.
 
VOTE:    Aye-5
               Nay-0
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Public Hearing Request – AppalCART – County Manager Nelson stated that AppalCART was required to conduct a public hearing prior to submitting their application for North Carolina Department of Transportation Rural Operating Assistance Program Grant funds. The County Manager stated that Mr. Chris Turner, Director of AppalCART, had requested that a public hearing be scheduled for the April 5, 2004, regularly scheduled Board of Commissioner meeting.
 
By consensus, the Board agreed to set a public hearing for April 5, 2004, to allow public comment on AppalCART’s North Carolina Department of Transportation Rural Operating Assistance Program Grant funds application.
 
            B.         Presentation of FY 2005 Capital Improvement Plan County Manager Nelson presented the Manager’s Recommended Capital Improvement Plan for Fiscal Year 2005. No action was required or requested at this time. The recommended plan could change during the Manager’s preparation of his recommended budget or at the direction of the Board during the budget work sessions prior to the adoption of the balanced budget for Fiscal Year 2005.
 
C.        Boards and CommissionsCounty Manager Nelson gave a second reading of a vacancy on the Economic Development Commission.
 
Commissioner Trivette, seconded by Commissioner Honeycutt, moved to appoint Mr. Thurmond Johnson to the Economic Development Commission.
 
VOTE:    Aye-5
               Nay-0
 
County Manager Nelson gave a first reading of an ETJ position open on the Town of Boone Planning Commission. The Town of Boone recommended the appointment of Mr. Larry Bordeaux or Mr. Joel Thompson. Also, two positions that were Town appointments existed on the Recreation Commission. The Town of Boone recommended that Mr. Joe Robinson and Dr. Bill Horn be appointed to the Watauga County Recreation Commission.
 
As the above were first readings, no action was required at this time.
 
D.        Announcements – County Manager Nelson announced the 2004 District Meeting was scheduled from 10:00 A.M. till 2:00 P.M. at the Hudson Uptown Building in Lenoir, NC. 
 
            The County Manager stated that comments on the FY 05 WAMY Community Action Community Services Block Grant Program and budget were due by March 26, 2004. The Manager requested that comments be forwarded to the Manager’s office where they would be compiled and forwarded to WAMY Community Action.
 
The County Manager announced that the Blue Ridge Resource Conservation & Development Council, Inc. had informed him that they were awarded the grant for the Landfill methane gas project.
 
RECESS
 
            Chairman Coffey called a brief recess prior to public comment.
 
PUBLIC COMMENT
 
            No one spoke during public comment.
 
CLOSED SESSION
 
            At 8:20 P.M., Commissioner Honeycutt, seconded by Commissioner Blust, moved to enter Closed Session to discuss Land Acquisition, per G. S. 143-318-11(a)(5)(i); Personnel Matters, per G. S. 143-318-11(a)(6); and Attorney/Client Matters, per G. S. 143-318.11(a)(3).
 
VOTE:    Aye-5
               Nay-0
 
            Commissioner Blust, seconded by Commissioner Trivette, moved to resume the open meeting at 9:35 P.M.
 
VOTE:    Aye-5
               Nay-0
 
PERSONNEL MATTERS
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to reinstate Derek Goddard in the position of Soil and Water Technician and impose a two week suspension without pay.
 
ADJOURN
 
            Commissioner Blust, seconded by Commissioner Trivette, moved to adjourn the meeting at 9:36 P.M.
 
VOTE:    Aye-5
               Nay-0
 
                                                                                                James Coffey, Chairman
 
ATTEST:
Anita J. Fogle, Clerk to the Board