MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 16, 2008
 
            The Watauga County Board of Commissioners held a regular meeting on Tuesday, September 16, 2008, at 6:00 P.M. in the Commissioners’ Board Room of the Watauga County Administration Building.
 
                        PRESENT:       Jim Deal, Chairman
                                                William R. Winkler, III, Vice-Chairman
                                                John Cooper, Commissioner
                                                Winston Kinsey, Commissioner
                                                Mary Moretz, Commissioner
                                                Anthony di Santi, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                                Deron Geouque, Deputy County Manager
                                                Anita J. Fogle, Clerk to the Board
 
                [Clerk’s Note: Vice-Chairman Winkler left the meeting when the Board went into closed session due to prior commitments.]
 
            Chairman Deal called the meeting to order at 6:01 P.M., welcoming those in attendance.
 
            Commissioner Moretz opened the meeting with a prayer.
 
APPROVAL OF MINUTES
 
            Chairman Deal called for additions or corrections to the August 20, 2008, special meeting minutes; and the August 25, 2008, regular meeting and closed session minutes.
 
            Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the August 20, 2008, special meeting minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
            Commissioner Moretz requested to add the following under the second paragraph of the Discussion of Management Committee for Soccer Complex:
 
Commissioner Moretz read the following statement from a letter to the Commissioners from Parks and Recreation Board member Steve Loflin and indicated her agreement with his position and the position of the Parks and Recreation Board:
 
“The Parks and Recreation Commission unanimously agreed the fifth member of the Management Committee should not be an ASU affiliate. If HCSA wants ASU on this committee, they should name an ASU person as one of their two appointees. Given the sum of money the County has invested in this venture, the County should have final control of the facilities. This position has been stated several times by the Parks and Recreation Commission. In the event of a failure to agree between Parks and Rec. and the HCSA on any matter, the Parks and Rec. should have final say. The County’s recreation department “needs” being met has to be a priority, not only due to the investment the County has already made, but also due to the exposure for future expenses that the County is assuming for the facility.”
 
            Commissioner Kinsey, seconded by Vice-Chairman Winkler, moved to approve the August 25, 2008, regular meeting minutes as amended.
 
VOTE:   Aye-5
              Nay-0
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the August 25, 2008, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Deal called for additions and/or corrections to the September 16, 2008, agenda.
 
            Chairman Deal stated that an addition to the closed session was needed for Personnel Matters, per G. S. 143-318.11(a)(6).
 
            Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the September 16, 2008, agenda as amended.
 
VOTE:   Aye-5
              Nay-0
 
HIGH COUNTRY COUNCIL OF GOVERNMENTS BUILDING UPDATE AND INTERLOCAL AGREEMENT REQUEST
 
Mr. Rick Herndon, Executive Director of the High Country Council of Governments, presented a proposed resolution and interlocal agreement. Mr. Herndon stated that the High Country Council of Governments was in the process of buying an office building that required bank financing. The Local Government Commission (LGC) recommended that the interlocal agreement, obligating the County’s membership in the organization for the term of the loan, be adopted. The only obligation to the County was normal occurring dues that were based on population. Mr. Herndon also gave a background of the High Country Council of Governments process in locating and proceeding with their search for new office space.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to adopt the resolution and authorize the interlocal agreement as presented.
 
VOTE:   Aye-5
              Nay-0
 
COOPERATIVE EXTENSION STORMWATER WETLANDS PROJECT PROPOSAL
 
            Ms. Wendy Patoprsty, Watauga County Cooperative Extension, and Ms. Lynn Caldwell, National Committee on the New River, proposed a joint project with Watauga County to improve the habitat and the stormwater runoff at the Brookshire Road Park. They requested permission to apply for grants to establish wetland areas with boardwalks and trails as part of the trail system and educational opportunities at the Park. Mr. Furman was aware of the request and was ready to work with the group. 
 
County Manager Nelson suggested the group also coordinate with Stephen Poulos, Parks and Recreation Director, with his grant application for future development.
 
            Commissioner Moretz, seconded by Commissioner Cooper, moved to join in a partnership with Cooperative Extension and the National Committee on the New River and authorize the group to seek grants and work with Joe Furman and Stephen Poulos to enhance the Brookshire Road Park.
 
VOTE:   Aye-5
              Nay-0
 
TAX MATTERS
 
            A.        Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of August 2008.
 
B.         Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for August 2008 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the Refunds and Releases Report for August 2008, as presented.
 
VOTE:   Aye-5
              Nay-0
 
C.        Surplus Property Request – Tax Administrator Byrd requested that three lots obtained by the County through tax foreclosures be surplused to be sold through the upset bid process. A resolution was required to authorize the upset bid process. Board action was requested to declare the properties surplus with the understanding that the resolution to authorize the upset bid process would be presented for approval at the next regular Commissioners’ meeting.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to declare the three parcels presented as surplus and authorize them for sale through the upset bid process, pending approval of the required resolution.
 
VOTE:   Aye-5
              Nay-0
 
FINANCE MATTERS
 
A.        Budget Amendments – County Manager Nelson presented the following budget amendments for Board approval:
 
            Account #                    Description                                                           Debit             Credit
103300-352100           Criminal Justice Part. Prog.                                                     $62,997
105210-469820           NRBHC - CJPP                                             $62,997
           
            The amendment recognized the award of the Criminal Justice Partnership Program Funding.
 
            Account #                    Description                                                           Debit             Credit
103991-399101           Fund Balance Approp.-New                                                       $442
105550-449901           SHIIP                                                                  $442
 
            The amendment appropriated unspent SHIIP Grant funds from FY 07/08 per request from Project on Aging Director, Angie Boitnotte.
 
            Account #                    Description                                                           Debit             Credit
103991-399101           Fund Balance Approp. - New                                                     $570
104960-469853           Soil & Water - Special Alloc.                               $570
 
            The amendment appropriated unspent Special Allocation funds for the Soil & Water per department request.
 
            Account #                    Description                                                           Debit             Credit
103300-345000           E&D Transportation Grant                                                     $48,073
103300-345001           Work 1st Tran. Assist.                                                              $7,996
103300-345002           Rural General Public                                                               $76,579 
104500-469843           Appalcart - RGP                                             $76,579                      
104500-469844           Appalcart - Work 1st                                        $7,996                      
105210-469845           Carolina Friendship House - E&D                     $5,568
105550-431301           POA - E&D                                                    $21,385
105890-469846           Watauga Opportunities - E&D                         $21,120
143300-345000           E&D Transportation Grant                                                     $22,097
145310-469845           DSS - E&D                                                    $22,097
 
            The amendment recognized the award of the Public Transportation Division FY 2009 Rural Operating Assistance Program Funds.
 
            Commissioner Cooper, seconded by Commissioner Moretz, moved to approve the budget amendments as presented.
 
VOTE:   Aye-5
              Nay-0
 
B.         Surplus Property Request – County Manager Nelson presented a list of property and requested it be surplused and subsequently sold through GovDeals.
 
            Commissioner Moretz, seconded by Commissioner Cooper, moved to surplus the property as presented and authorize the property for sale on GovDeals.com.
 
VOTE:   Aye-5
              Nay-0
 
PLANNING AND INSPECTIONS MATTERS
 
A.        Transportation Improvement Program Priorities Discussion – Mr. Joe Furman discussed the opportunity to add priorities for transportation and road projects to the Transportation Improvement Program through the Regional Planning Organization. Mr. Furman recommended that the Board request to add the following to the TIP: R-2615A & B which were separate projects for two (2) sections of US Highway 421 North; R-5016, which was widening of US Highway 321 North; R-2566, which was multi-laning of NC Highway 105 and was currently shown as an Avery County project in the RPO priorities; the Daniel Boone Parkway (U-2703) which was currently shown as a Boone Project; US Highway 221 North, which was shown in the RPO priorities as an Ashe County project; and the Highway 194 North project.
 
            Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to submit the projects to the RPO for TIP consideration as recommended by Mr. Furman.
 
VOTE:   Aye-5
              Nay-0
 
            B.         Update on 6-Mile Fire Insurance Districts – Mr. Furman gave an update on the 6-mile insurance districts as discussed at the last meeting. Mr. Furman stated that an effective date for the new districts was not to be set until the end of the year due to additional work in obtaining agreements from some of the citizens in the affected areas.
 
This report was given for information only; therefore, no action was required.
 
WATAUGA MEDICAL CENTER MATTERS
 
A.        Discussion of Size of Watauga Medical Center Board of Trustees
B.         Discussion of Watauga Medical Center Board of TrusteesChairman Deal stated that the Watauga Medical Center Board of Trustees had discussed and wished to downsize their Board from twelve members to nine and planned to propose future changes to their Bylaws to allow this to happen. Chairman Deal stated that the plan was for only three members to be appointed which would allow for the Medical Center Board to gradually be downsized over the next three years. Chairman Deal also stated that the Appalachian Regional Healthcare System, Inc., wished to change the process for nominating members for appointment to the Medical Center Board of Trustees.
 
            Chairman Deal stated that the report was for information only at this time and that a formal request was planned for a future meeting.
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.                 New High School Project CM Contingency Request # 9 – County Manager Nelson presented CM Contingency Request # 9, to address a price increase for the grandstands at the new high school. The CM Contingency Request # 9 amount was $14,773 to cover the extra materials expense from the contractor, Allstar Bleachers. Barnhill/Vannoy requested the increase be addressed through the CM Contingency rather than the project contingency because the added expenses were incurred due to a delay in accepting the offer as bid.
 
            Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve CM Contingency Request # 9 as presented by the County Manager.
 
VOTE:   Aye-5
              Nay-0
 
B.         Discussion of Communications Building Project – County Manager Nelson stated that staff had been in the planning process to construct a new communications tower on Howard’s Knob which was the cornerstone of the County’s emergency communications network. The County Manager stated that, in review, the tower was constructed and was maintained by BREMCO in exchange for a lease agreement to use the tower and space in the building for their communication needs. BREMCO also furnishes electricity to the communications building.
 
BREMCO wishes 100 square feet in the new communications building and staff has negotiated a $40,000 fee to be used to offset construction costs with $20,000 to be paid in 2009 and $20,000 in 2010. In addition to the payments, BREMCO was also to construct the ice bridge to connect the tower to the new building and continue to furnish electricity and maintain the tower. The alternate was to leave BREMCO in the existing wooden communications building after the County move to the new one.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to enter into an arrangement with BREMCO to allow a 100 square foot space in the new communications building with BREMCO paying the County $40,000 ($20,000 in 2009 and $20,000 in 2010) and BREMCO being responsible to construct the ice bridge connecting the tower to the new building and to furnish electricity and maintain the tower.
 
VOTE:   Aye-5
              Nay-0
 
C.        Public Schools Building Fund Application Request – County Manager Nelson stated that the Watauga County Board of Education requested funds in the amount of $200,000 from the Watauga County Capital Reserve Account and County approval for funds in the amount of $575,310 from the Public School Building Capital Fund and in the amount of $227,450 from the Education Lottery Fund. The County Manager stated that the funding arrangement presented was discussed prior to the adoption of the FY 2009 budget and was to fund the projects that were currently identified on the School Board’s Ten Year Capital Improvement Plan.
 
            Vice-Chairman Winkler, seconded by Commissioner Moretz, moved to approve the School Board’s requests for funding as presented.
 
VOTE:   Aye-5
              Nay-0
 
D.        Discussion of Natural Gas Service – County Manager Nelson requested discussion due to several citizen inquiries to Commissioners regarding natural gas service to residential customers in Watauga County. The County Manager stated that from discussions with a Frontier Natural Gas representative, they currently were installing trunk lines and were only extending into residential areas adjacent to those lines and only where sufficient numbers of residential customers petitioned and agreed to purchase gas.
 
            After discussion, the Board directed the County Manager to get additional information for a future public meeting and for the media regarding natural gas from Frontier and contact information for the public to use if interested in natural gas services at their residents.
 
E.         Discussion of Cell Phone Service in Blowing Rock – Chairman Deal stated that several citizens had relayed concerns of the inadequacy of cell phone service in the Blowing Rock area. A coverage map from Verizon Wireless, one of the cell phone providers, was presented. It appears that most of the complaints in the 221 area are from the area to the south of Blowing Rock.
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to direct the County Manager to send a request to all three local cell phone companies asking them to investigate locations for towers that would improve service to the Hwy 221 area south of Blowing Rock.
 
VOTE:   Aye-5
              Nay-0
 
F.         Boards and Commissions – County Manager Nelson stated that Mr. Steve Loflin resigned as the Valle Crusis representative on the Recreation Commission.
 
            County Manager Nelson stated that Ms. Judith Wesson resigned as a member of the Watauga County Nursing Home Community Advisory Committee.
 
            County Manager Nelson stated that Mr. Johnny Moretz’s and Mr. Ricky Critcher’s terms were to expire on the Farmland Preservation Advisory Board in November 2008. The Farmland Preservation Advisory Board requested that both Mr. Moretz and Mr. Critcher be reappointed for three-year terms.
 
            County Manager Nelson stated that the above were all first readings and, therefore, no action was required.
 
G.        Announcements – County Manager Nelson announced that Cooperative Extension Service Director Sue Counts invited the Board to her retirement celebration on Sunday, October 12, 2008, at 1:00 P.M.
 
County Manager Nelson announced that the next Intergovernmental Retreat, hosted by Appalachian State University, was scheduled for Monday, September 22, 2008, at 5:00 P.M. in the Helen Powers South Room at the Broyhill Inn, ASU, Boone, NC.
 
County Manager Nelson announced that the Annual Farm City Awards Banquet was scheduled for November 6, 2008, at 6:00 P.M.
 
County Manager Nelson announced that Caldwell Community College and Technical Institute invited the Board to join them for a joint meeting on October 15, 2008, at 6:00 P.M. at the White Oak Road, Boone, NC, location.
 
County Manager Nelson announced that the Rural Center was conducting a Rural Partners Forum in Raleigh, NC, on October 2-3, 2008.
 
County Manager Nelson announced that the County’s received from Moody’s an upgraded bond rating to an Aa3.
 
PUBLIC COMMENT
 
            There was no public comment.
 
CLOSED SESSION
 
            At 7:18 P.M., Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3); Economic Development Matters, per G. S. 143-318.11(a)(4); and Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE:   Aye-5
              Nay-0
 
            Commissioner Moretz, seconded by Commissioner Cooper, moved to resume the open meeting at 8:19 P.M.
 
VOTE:   Aye-4(Deal, Cooper, Kinsey, Moretz)
              Nay-0
              Absent-1(Winkler)
 
POSSIBLE ACTION AFTER CLOSED SESSION
 
            Commissioner Cooper, seconded by Commissioner Kinsey, moved to authorize staff to continue conversations and document preparation and enter into an agreement with Tweetsie and authorize Chairman Deal to sign the following documents on the County’s behalf:
 
·        Memorandum of Understanding (between Watauga County and Watauga County District U Tourism Development Authority)
·        Incentive Agreement (Tweetsie Railroad and Watauga County)
·        Exhibit C – Ground Lease Agreement
·        Exhibit D – Purchase Option and Right of First Refusal
·        Exhibit E – Contract of Sale and Purchase
 
VOTE:   Aye-4(Deal, Cooper, Kinsey, Moretz)
              Nay-0
              Absent-1(Winkler)
 
ADJOURN
 
            The Chairman adjourned the meeting at 8:20 P.M.
 
 
Jim Deal, Chairman
 
 
ATTEST:
Anita J. Fogle, Clerk to the Board