MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, AUGUST 22, 2005
The Watauga County Board of Commissioners held a regular meeting on Monday, August 22, 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
Tony di Santi, 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 6:03 P.M. welcoming those in attendance.
Chairman Deal opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions or corrections to the August 1, 2005, regular meeting and closed session minutes.
A correction was noted at the end of the August 1, 2005, minutes that Vice-Chairman Winkler had recused himself from the vote on the Plyler/Glover case.
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to approve the August 1, 2005, regular meeting minutes as amended.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Kinsey, moved to approve the August 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 August 22, 2005, agenda.
Chairman Deal stated that the Board of Education had cancelled the joint meeting scheduled at the Human Services Building. Therefore, the regular meeting of the Board of Commissioners was relocated (as posted and announced through the media) to their regular meeting room in the Watauga County Courthouse. With that in mind, Chairman Deal stated that the public hearing would be moved down on the agenda in order to allow time for anyone who may have gone to the Human Services Building as the Assistant County Manager was at that location directing those, who may have arrived, to the correct meeting location.
County Manager Nelson requested to add discussion of re-scheduling the joint meeting with the Watauga County Board of Education.
County Manager Nelson requested to add discussion regarding adding a statement to the County tax bills.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to approve the August 22, 2005, agenda as amended.
VOTE: Aye-5
Nay-0
FURNITUREBIDAWARDFORLAWENFORCEMENTCENTER
County Manager Nelson reviewed a request of $28,924.73 to purchase additional specialized dispatch furniture for the new Law Enforcement Center. The additional work stations were to provide room for growth as needed. The quote was from Wireless Communications, the company that was providing the phone, radio, and emergency communications work at the Law Enforcement Center. The purchase was requested from this vendor to insure equipment uniformity.
Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to approve the purchase from Wireless Communications in the amount of $28,924.73 with funds allocated from the 911 fund account.
VOTE: Aye-5
Nay-0
DISCUSSION OF PROPOSED LEGISLATION TO ABOLISH LOCAL CABLE FRANCHISES
Mr. Jim Harmon, the County’s Cable Franchise Officer, discussed proposed legislation of which included dramatic impacts on the provision of local cable service and the ability of regulation at the local level.
Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to direct the County Manager to draft a letter to State Legislators opposing the proposed legislation to abolish local cable franchises (Senate bill 1504).
VOTE: Aye-5
Nay-0
By consensus, the Board directed the County Manager to draft a resolution opposing the proposed legislation to abolish local cable franchises for consideration at the September 19, 2005, Board meeting.
PUBLIC HEARING – TO CONSIDER AN APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF FINANCING THE ACQUISITION OF THE BROOKSHIRE PROPERTY
Chairman Deal declared the public hearing open at 6:23 P.M. to allow for comment on an application to the Local Government Commission for approval of financing the acquisition of the two parcels of Brookshire property located adjacent to the newly developed Watauga County Park on Brookshire Road.
County Manager Nelson stated that the intended use of the land was for future economic development, recreation, and community development. The total purchase price was $2.6 million which was approximately $300,000 below the appraised value. The County was to pay $350,000 from the fund balance; $450,000 from the economic development capital reserve fund; and $300,000 from the capital reserve fund that was designated for recreation. The remaining $1.5 million was to be owner financed at a 4½ % interest rate. The owners of the property were Paul and Nancy Brookshire and Joanna L. Brookshire.
Ms. Karen Carter and Ms. Deborah Greene voiced their concerns over the purchase of the property.
There being no further public comment, Chairman Deal declared the public hearing closed at 6:33 P.M.
After discussion, Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to adopt the resolution and approve the purchase of the property with the funding plan as referenced contingent upon Local Government Commission approval of the financing plan and the County Attorney drafting and executing the appropriate sale documents.
VOTE: Aye-4(Deal, Winkler, Honeycutt, Kinsey)
Nay-1(Blust)
RECYCLING EQUIPMENT PURCHASE REQUEST
Mr. J. V. Potter, Operations Supervisor, stated that recyclables were currently baled allowing for more efficient transportation and greater selling prices compared to those that were not baled. The final component of the recycling baler process was a strapper that tied the bales together with wire. The current strapper was in need of repair and was to cost $17,500 to rebuild. Mr. Potter recommended the purchase of a new strapper at a cost of $22,340 from Cranston Machinery Company, Inc. which was the only provider of the specific strapper compatible with the County’s baler.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the purchase of a new strapper in the amount of $22,340 from Cranston Machinery Company, Inc., to be funded from the Sanitation Department’s retained earnings account.
VOTE: Aye-5
Nay-0
LIBRARY RE-ROOFING PROJECT AND ARCHITECT SELECTION
County Manager Nelson stated that as discussed at the annual retreat, the Watauga County Library roof was in need of replacement. County Manager Nelson stated that there were two options for the project. One was to re-roof with asphalt shingles at a cost of approximately $64,500 and the second was to re-roof with 24 gauge pre-finished metal panels at an estimated cost of $127,000. Both required architectural services. The first phase was the selection of an architect. Two local architects, Mr. Larry Greene and Mr. Randy Jones, had indicated interest in the project. The County Manager stated that staff was of the opinion that either would be an appropriate choice.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to appoint Mr. Larry Greene as architect for the Library re-roofing project.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that the County included $59,500 for the re-roofing project in the current budget and had also received a $26,000 check from the contractor who installed the original roof bringing total available funds for the project to $85,500. The County Manager stated staff recommended the metal roof be installed with the balance of funds for the project to be taken from the County’s fund balance as the metal roof had a much longer lifespan than an asphalt roof. The fund balance allocation needed was approximately $56,500 which included architectural fees.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to re-roof the Watauga County Library with 24 gauge pre-finished metal panels at an estimated cost of $142,000 with additional funds beyond the $85,000 to be allocated from the fund balance.
VOTE: Aye-5
Nay-0
EMERGENCY MANAGEMENT GRANT APPLICATION REQUEST
Mr. Seth Norris presented a request to apply for grant funds in the amount of $13,351 which were to assist with training and certification of the County’s emergency medical service responders. Mr. Norris stated that the grant required no local match.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to authorize the submission of the grant application as presented by Mr. Norris.
VOTE: Aye-5
Nay-0
BUDGET AMENDMENTS
Finance Director Doris Isaacs presented the following budget amendments for Board approval:
Account # Description Debit Credit
104261-458000 Capital Outlay-Bldg. Improvements $2,786,000
103991-399101 Fund Balance Approp.-New $525,748
103980-398121 Transfer for Capital Reserve Fund $2,260,252
219800-498010 Transfer to General Fund $2,260,252
219930-442610 Future Project Funding-Courthouse $750,000
219930-443200 Future Project Funding-Jail $100,000
213991-399101 Fund Balance Approp.-New $1,410,252
The amendment appropriated funds for the Courthouse renovations contract which was approved by the Board on June 28, 2005.
Account # Description Debit Credit
663991-399101 Approp. of Retained Earnings $60,251
667420-455000 Capital Outlay-Other Equipment $60,251
The amendment appropriated solid waste fund retained earnings to fund the installation of a methane gas flare which was approved by the Board on August 1, 2005.
Vice-Chairman Winkler, seconded by Commissioner Blust, moved to approve the budget amendments as presented by Ms. Isaacs.
VOTE: Aye-5
Nay-0
PLANNING AND INSPECTION MATTERS
A. CHAF Consultant Contract Request – County Manager Nelson presented a request to contract for administrative services to oversee the County’s North Carolina Redevelopment Center’s Crisis Housing and Assist (CHAF) grant. Administrative funds as referenced in the contract were reimbursable and were as specified by the grant. The final amount of the contract was to be dependant upon the number of houses that were eligible and received grant assistance.
County Attorney di Santi stated that County Attorney Capua was preparing an addendum to be added to the contract.
Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the contract contingent upon the County Attorney’s review.
VOTE: Aye-5
Nay-0
B. Subdivision Performance Guarantee – Chairman Deal stated that a subdivision performance guarantee had been submitted for Firethorn, Phase I, Section I, which was being developed by Roaring Thunder Partners, LLC, that was an irrevocable letter of credit from High Country Bank for road construction and pursuant to section 92 of the Subdivision Regulations.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the subdivision performance guarantee as presented.
VOTE: Aye-5
Nay-0
C. Out of State Travel Request – County Manager Nelson stated that out of state travel requests required Board approval. Mr. Ronnie Greene, a building inspector, was the president-elect of the Carolina Plumbing Inspectors’ Association and his attendance was required at a meeting in Detroit, Michigan. The trip was reimbursable by the organization therefore no costs to the County were to be incurred other than Mr. Greene’s time.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve the out of state travel request for Mr. Ronnie Greene as presented.
VOTE: Aye-5
Nay-0
EMERGENCY WATERSHED PROTECTION CHANGE ORDER REQUESTS
Assistant County Manager Geouque presented a change order for Emergency Watershed Protection projects. The first was a change order presented by Environmental Services, Inc., in the amount of $35,942.40. This change order included an additional 300 linear feet of work to stabilize the downstream end of the Dutch Creek restoration project. The change order amount was reimbursable through grant funds.
Commissioner Kinsey, seconded by Commissioner Blust, moved to approve the change order presented by Environmental Services, Inc., in the amount of $35,942.40.
VOTE: Aye-5
Nay-0
Assistant County Manager Geouque stated that the second item was for $25,000 of rock to be used in the restoration of Dutch Creek project (EWP Project DC1). Radford Quarries of Boone, Inc. was the only provider who both supplied and loaded the required shot rock and boulders. The purchase order was to originate from the County to Radford Quarries and was also reimbursable by the EWP program.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to award the bid to Radford Quarries in the amount of $25,000 for rock.
VOTE: Aye-5
Nay-0
DISCUSSION REGARDING ADDING A STATEMENT TO THE TAX BILL
County Manager Nelson stated that, per Commissioner request, consideration was requested to add the following statement to the tax bill: “The Watauga County property tax rate for 2005-2006 is $.395 per $100 valuation. Of this amount, $.045 has been set aside for School Capital Projects.”
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to include the statement on the tax bill as presented.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Architectural Services Proposal for Anne-MarieDriveAreaPark – County Manager Nelson stated that Watauga County had received approval from the Town of Boone Board of Adjustment for a special use permit for the joint development of a County park on land in the Anne-Marie Drive area owned by the Town of Boone. The County Manager stated that the Town was currently working on a lease for this property. The next phase of the project required approval for a site and erosion control plan from the North Carolina Department of Environment and Natural Resources (DENR), which was needed prior to submission to the Town of Boone for required local permits. County Manager Nelson stated that this process required the selection of an architect. The Manager recommended that the County contract with Mr. Larry Greene of Greene Architecture for this project. Mr. Greene’s proposed amount for this service was $15,900.
The County Manager stated that projects which required the selection of an architect were historically announced and awarded based on a qualification based selection process, however, staff was confident of Mr. Greene’s ability to design and supervise this project and felt that he was qualified for this job. As the statutes allowed, the Manager requested that the Board of Commissioners “exempt in writing” the qualification based selection requirements for the project. The exemption was allowed for projects where the estimated professional fee was less than $30,000. It also was to save 4-6 weeks that would otherwise be required in selection of an architect.
Commissioner Kinsey, seconded by Commissioner Honeycutt, moved to approve Mr. Greene of Greene’s Architecture as the Architect for the Anne-Marie Drive park project and to exempt in writing the qualification based selection requirements for the project as it fell below the $30,000 mark.
VOTE: Aye-5
Nay-0
B. Len Moretz Solid Waste Ordinance Compliance Extension Request – County Manager Nelson stated that Mr. Len Moretz, owner of Parcel ID 2904-74-1896-000 on Meat Camp Road, requested an extension in complying with the County’s Solid Waste Ordinance. The County Manager stated that Mr. Dave Simpkins, the County’s Solid Waste Officer, indicated that Mr. Moretz had made substantial progress and was working regularly to clean up the solid waste site on his property. The County Manager stated that Mr. Simpkins recommended that Mr. Moretz be granted the additional 30 days to complete the clean up of his property.
Commissioner Kinsey, seconded by Commissioner Blust, moved to grant Mr. Len Moretz an additional 30 day extension to bring his property into compliance with the County’s Solid Waste Ordinance.
VOTE: Aye-5
Nay-0
C. Enterline and Russell Settlement Agreement – County Manager Nelson stated that a letter was forwarded to Enterline and Russell Builders, Inc. which requested partial reimbursement for the Library roof they installed. Enterline Russell Builders, Inc. forwarded a check in the amount of $26,000 to Watauga County to be used toward roof replacement.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to accept the check from Enterline and Russell Builders, Inc as full settlement for the Library roof installation.
VOTE: Aye-5
Nay-0
The Board directed the County Manager to send a letter to Enterline and Russell Builders, Inc. in appreciation for their actions and willingness to stand behind their work.
D. Requested Amendment to Law Enforcement Architect’s Contract – County Manager Nelson stated that Mr. Jack Hemphill, Architect for the new Law Enforcement Center, requested amendments to his contract due to additional services for change orders associated with the project. The amended contract referenced additional professional services that were required in finishing the three mezzanine areas of the jail as well as the change order which rearranged the female inmate space. Both change orders were previously discussed and approved by the Board and were to be formerly executed when they were received from the architect. The additional architectural fees for these two change orders were $28,000 and required an amendment to Mr. Hemphill’s contract.
Commissioner Honeycutt, seconded by Commissioner Kinsey, moved to approve Mr. Hemphill’s contract amendment as presented by the County Manager.
VOTE: Aye-5
Nay-0
E. Discussion of AppalCART Facility – County Manager Nelson stated that the County had requested from the Department of Transportation permission to be allowed to keep the current AppalCART facility once the relocation to their new facility occurred. The County based its request on a statement in the administrative law that said if a provider ceases to be in the transportation business, any facilities that were purchased through federal and state grant monies could be retained for any appropriate public use. The Attorney General forwarded an opinion through the Department of Transportation stating that since the AppalCART authority was appointed by the Board of County Commissioners and were empowered by statute that the County was still in the transportation business.
The County Manager stated that the County had two choices: 1) sell the facility and forward the state and federal share, approximately 82%, or 2) retain ownership by paying the state and federal share based on the current appraised price of approximately $975,000.
County Attorney di Santi stated that he agreed with the Manager’s options. County Manager Nelson stated that AppalCART requested the Board to relay their intention so as to aide the Department of Transportation in their decisions regarding the funding stream for AppalCART’s new facility.
The Board directed County Manager Nelson to contact AppalCART Director, Chris Turner, and have him clarify the request.
F. Abatement and Surplus Property Request – Smitherman House – County Manager Nelson stated that the recently purchased Smitherman/Winkler property on Hwy 105 adjacent to Watauga High School had two structures that needed to be removed. The County Manager stated that proposal from Western Asbestos, Inc., was solicited for asbestos abatement, fuel tank removal, and for demolition and removal of the shed and mobile home and miscellaneous debris. The amount of the proposed was $19,975.
Vice-Chairman Winkler, seconded by Commissioner Honeycutt, moved to accept the proposal from Western Asbestos, Inc. and allocate funds from the administrative contingency fund.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that after the abatement and removal of all of the debris, it would be appropriate to declare the brick house as surplus and advertise it for sale to be moved by the buyer.
Commissioner Blust, seconded by Commissioner Honeycutt, moved to declare the home as surplus and to advertise its sale through the upset bid process at the conclusion of the abatement process.
VOTE: Aye-5
Nay-0
G. Discussion of Removal of Courthouse Oil Tank – County Manager Nelson stated that the goal was to begin the Courthouse addition project in the fall of this year. The first phase of the project was to be the removal of the County’s oil storage tank which was currently in use. The tank needed to be pumped, cleaned, and removed and required engineering supervision for the process. Mr. Marsh had not received a proposal for the project but was currently soliciting bids from two or three firms. It was anticipated that the removal costs were to be between $15,000 - $20,000 which required Board approval.
The Manager requested authority to execute a contract for the tank removal and present it to the Board after the fact which allowed the tank to be removed prior to the scheduled September 19th meeting.
Commissioner Honeycutt, seconded by Vice-Chairman Winkler, moved to authorize the County Manager to execute a contract for the removal of the Courthouse oil storage tank not to exceed $20,000.
VOTE: Aye-5
Nay-0
H. Boards and Commissions – County Manager Nelson stated that there was a vacancy on the North Carolina Senior Tar Heel Legislature. Anita Davie, the Area Agency on Aging Director with the High Country Council of Governments, recommended Dr. Milton “Bunk” Spann be appointed.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to appoint Dr. Milton “Bunk” Spann to the North Carolina Senior Tar Heel Legislature on the first reading.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that the Watauga County EMS Advisory Board recommended the appointment of Melissa Harmon representing Watauga County Sheriff’s Dispatching office to fill a vacancy.
County Manager Nelson stated that Commissioner Honeycutt’s appointment to the Watauga County Social Services Advisory Board had expired and that Mr. Jim Atkinson indicated that he welcomed Commissioner Honeycutt’s reappointment.
Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to reappoint Mr. Keith Honeycutt to the Watauga County Social Services Advisory Board on the first reading.
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Vice-Chairman Winkler, moved to appoint Ms. Melissa Harmon to the Watauga County EMS Advisory Board on the first reading.
VOTE: Aye-5
Nay-0
I. Discussion on Rescheduling of the Joint Meeting with the Board of Education – County Manager Nelson stated that the Watauga County Board of Education had requested the joint meeting be rescheduled for September 1, 2005 at either 6:00 P.M. or 7:00 P.M.
By consensus, the Board agreed to schedule a joint meeting with the Watauga County Board of Education on Thursday, September 1, 2005, at 6:00 P.M. in the conference room at the Human Services Building.
J. Announcements – County Manager Nelson announced that the Annual North Carolina Association of County Commissioners conference was scheduled for August 25-28, 2005, in Charlotte, NC.
County Manager Nelson stated that a joint meeting with the Board of Commissioners and the Caldwell Community College Board of Trustees was scheduled for September 8, 2005, at 6:00 P.M.
County Manager Nelson stated that the High Country Council of Governments Annual Banquet was scheduled for Friday, September 9, 2005.
PUBLIC COMMENT
Ms. Deborah Greene shared concerns with tax rates.
Mr. Bob Snyder requested support for efforts to locate a veteran’s clinic in the immediate area.
The Board directed County Manager Nelson to draft a resolution in support of a local veteran’s clinic.
CLOSED SESSION
At 8:16 P.M., Commissioner Blust, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Land Acquisition, per G. S. 143-318.11(a)(5)(i).
VOTE: Aye-5
Nay-0
Commissioner Blust, seconded by Commissioner Honeycutt, moved to resume the open meeting at 9:08 P.M.
VOTE: Aye-5
Nay-0
Commissioner Blust closed the meeting with a prayer.
ADJOURN
The meeting was adjourned at 9:10 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board