MINUTES

 

WATAUGA COUNTY BOARD OF COMMISSIONERS

TUESDAY, MARCH 1, 2011

 

        The Watauga County Board of Commissioners held a regular meeting on Tuesday, March 1, 2011, at 8:00 A.M. in the Commissioners’ Board Room of the Watauga County Administration Building.

 

                             PRESENT: Nathan A. Miller, Chairman

David Blust, Vice-Chairman

                                                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

 

            [Clerk’s Note: Commissioner Deal was not in attendance due to a prior commitment.]

 

        Chairman Miller called the meeting to order at 8:06 A.M., welcoming those in attendance.

 

        Vice-Chairman Blust 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 February 15, 2011, regular and closed session minutes.

 

             Commissioner Futrelle, seconded by Commissioner Gable, moved to approve the February 15, 2011, regular meeting minutes as presented.

 

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

             Nay-0

             Absent-1(Deal)

 

             Commissioner Futrelle, seconded by Commissioner Gable, moved to approve the February 15, 2011, closed session minutes as presented.

 

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

             Nay-0

             Absent-1(Deal)

 

APPROVAL OF AGENDA

 

            Chairman Miller called for additions and/or corrections to the March 1, 2011, agenda.

 

County Manager Nelson requested that a proposed resolution calling for a quarter-cent local option sales tax referendum be added as well as a Citizens’ Plan Action Committee (CPAC) appointments request and a joint meeting request from the Economic Development Commission (EDC).

 

            County Manager Nelson also stated that Finance Director Pierce was to present Item # 4.

 

            Vice-Chairman Blust, seconded by Commissioner Gable, moved to approve the March 1, 2011, agenda as amended.

 

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

             Nay-0

             Absent-1(Deal)

 

PRESENTATION OF W.A.M.Y.’S FISCAL YEAR 2012 COMMUNITY SERVICES BLOCK GRANT APPLICATION

 

Ms. Bobbie Willard, Project Coordinator, W.A.M.Y. Community Action, Inc., presented the Agency’s FY 2012 Community Services Block Grant Application. W.A.M.Y.’s funding source required that the application be presented to the Board of Commissioners.

 

            The application was presented for information only and, therefore, no action was required.

 

SHERIFF’S OFFICE VEHICLE BID AWARD REQUEST

 

Captain Kelly Redmon with the Watauga County Sheriff’s Office presented a request to purchase a 2011 Ford F-250 Super Duty diesel crew-cab truck to be used to haul the mobile command center and transport seized evidence and equipment. The following bids were received:

Boone Ford $47,335.00

Piedmont Truck Center $35,417.00

Bobby Jones Ford $32,298.60

Ashe County Ford $32,286.60

 

The low bidder was Ashe County Ford in the amount of $32,286.60; however, the bid amount did not include emergency equipment such as light bars, radios, or decals that may need to be added. In FY 2011, $125,000 was budgeted with the goal of purchasing five replacement vehicles. In addition to three that have been purchased, this was to be the fourth vehicle requested out of the $125,000 allocation. The approximate balance was currently $47,000 for the two remaining vehicles. Captain Redmon stated that the Sheriff’s Office was aware that, by purchasing the 2011 Ford F-250 Super Duty diesel crew-cab truck, a fifth vehicle purchase was not possible.

 

Commissioner Futrelle, seconded by Vice-Chairman Blust, moved to approve the bid award for a 2011 Ford F-250 Super Duty diesel crew-cab truck to Ashe County Ford in the amount of $32,286.60.

 

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

             Nay-0

             Absent-1(Deal)

 

SOIL AND WATER CONSERVATION DISTRICT UPDATE

 

Mr. Brian Chatham, Conservation Technician with the Watauga County Soil and Water Conservation District, presented the Agency’s Annual Report.

 

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

 

TAX MATTERS

 

            A. Monthly Collections Report – Tax Administrator Kelvin Byrd presented the Tax Collections Report for the month of February 2011.

 

B. Releases and Refunds – Mr. Byrd presented the following Refunds and Releases for February 2011 for Board approval:

 

TO BE TYPED IN MINUTE BOOK

 

           Vice-Chairman Blust, seconded by Commissioner Gable, moved to approve the Refunds and Releases Report for February 2011, as presented.

 

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

             Nay-0

             Absent-1(Deal)

 

FINANCE MATTERS

 

A. Real Property Surplus Request – Ms. Margaret Pierce, Finance Director, requested that the County surplus and sell a lot which was located at 103 Windridge Road, Charter Hills, Lot D-32, Beech Mountain, NC, donated to Watauga County in FY 2010 by the Estate of Weston Olberg and was. The property was approximately .36 acres and was referenced at PIN # 1950-46-8323-000.

 

County Attorney Eggers mentioned the following options available to sell real property: advertise for sealed bids; the negotiated offer/upset bid process; public auction; and electronic public auction.

 

After discussion, Commissioner Futrelle, seconded by Commissioner Gable, moved to declare the lot surplus and direct staff to use the type of sale best suited for this property.

 

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

             Nay-0

             Absent-1(Deal)

 

B. Qualified School Construction Bonds (QSCB) Allocation Surplus Request – Ms. Pierce stated that in FY 2010, $1,351,726 in Qualified School Construction Bonds (QSCB) was approved for use by the School Board. The bonds had an effective interest rate of 0%; however, in submitting the appropriate projects, the School Board did not request to borrow $61,452 of the approved amount. The NC Department of Public Instruction has requested an official release notification for the $61,452 from the County to allow the allocation to be returned to the State for reallocation.

 

            Vice-Chairman Blust, seconded by Commissioner Futrelle, moved to release $61,452 for return to the State in Qualified School Construction Bonds.

 

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

             Nay-0

             Absent-1(Deal)

 

            C. FY 2011 Audit Contract – Ms. Pierce stated that, at a previous meeting, the Board approved entering into contract negotiation with Bryce Holder, CPA, PA, to conduct the FY 2011 financial audit. Ms. Pierce presented a proposed contract for an amount not to exceed $52,400. Ms. Pierce stated that the contract had been reviewed by the County Attorney.

 

Commissioner Gable, seconded by Vice-Chairman Blust, moved to approve the contract with Bryce Holder, CPA, PA, for FY 2011 financial audit services as presented by Ms. Pierce.

 

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

             Nay-0

             Absent-1(Deal)

 

            D. Budget Amendments – Ms. Pierce presented the following budget amendments for Board approval:

 

Account #                     Description                                             Debit                
Credit

263991-399101           Fund Balance Appropriation                  
$16,775

264330-451000           Capital Outlay-Furn & Equip                 $11,300

264330-451000           Capital Outlay-Furn & Equip                 $5,475

 

            The amendment appropriated funds for an emergency generator for the Courthouse at $11,300 and the purchase of five AED units at $5,475. These were part of the planned spend down of 50% of the E-911 Fund Balance.

 

 

            Commissioner Gable mentioned that the Town of Boone Fire Department had requested to receive an AED from the County as well as the five purchased and distributed by the Emergency Management Office and requested that the item be added to the next agenda for discussion.

 

Commissioner Futrelle, seconded by Vice-Chairman Blust, moved to approve the budget amendment as presented by Ms. Pierce.

 

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

             Nay-0

             Absent-1(Deal)

 

DISCUSSION OF SALES TAX RESOLUTION

 

Deputy County Manager Geouque presented a draft resolution based on discussions held at the Annual Pre-Budget Retreat which called for a referendum to consider a quarter-cent local option sales tax with revenues from the tax to be used to pay down debt.

 

           The Deputy County Manager read the resolution and stated that, if approved at the projected date of a May 17 election, the tax was projected to generate approximately $1,183,109 for FY 2011. If the resolution was not approved at this time, a delay to the timeline could cost the County approximately $550,000 in projected revenue. Deputy County Manager Geouque also stated that the word “service” should be removed in the second “Whereas” as the amounts shown reflected current debt not debt service.

 

           County Attorney Eggers stated that this tax was not subject to being seized by the State at a future date. The County Attorney suggested that the fifth “Whereas” be added under the resolved section of the resolution based on discussion that reflected a desire to repeal the tax at a future date.

 

           After lengthy discussion, Commissioner Gable, seconded by Vice-Chairman Blust, moved to adopt the resolution as amended to remove the word “service” from the second “Whereas” and to add the following to the end of the resolution: AND BE IT FURTHER RESOLVED that the Watauga County Board of Commissioners shall call for a special election to repeal the additional one-quarter percent (0.25%) sales tax in accordance with NCGS 105-473 within three (3) years of the first day of collection.”

 

VOTE:  Aye-3(Miller, Blust, Gable)

             Nay-1(Futrelle)

             Absent-1(Deal)

 

            At this time, Commissioner Gable, seconded by Commissioner Futrelle, moved to amend the agenda to allow for a discussion regarding a public hearing to allow citizen comment on the proposed quarter-cent local option sales tax.

 

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

             Nay-0

             Absent-1(Deal)

 

           After a brief discussion, Commissioner Gable, seconded by Commissioner Futrelle, moved to set a public hearing for Tuesday, March 15, 2011, at 6:00 P.M. to allow for citizen comment on the proposed quarter-cent local option sales tax.

 

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

              Nay-0

              Absent-1(Deal)

 

MISCELLANEOUS ADMINISTRATIVE MATTERS

 

A. Emergency Fire Dispatch Purchase Request – Mr. Joe Furman requested approval to purchase Emergency Fire Dispatch (EFD) software, materials, and training from Priority Dispatch. Funds were available and appropriate to come from the E911 surcharge funds on hand. Watauga County previously purchased Emergency Medical Dispatch (EMD), which was provided by the same company, and was currently used by Telecommunications in the Sheriff’s Office.

 

Captain Jeff Virginia with the Sheriff’s Office stated that Telecommunication requested this software which will provide predefined sets of questions to set protocol used by dispatch. Training for the software was to guarantee efficiency and, with the use of the software, every call was to be quality controlled.

 

Commissioner Gable, seconded by Vice-Chairman Blust, moved to waive the bidding process, per G. S. 143-129(e)(6), for reasons of compatibility with existing equipment and software and approve the purchase of the Emergency Fire Dispatch (EFD) items from Priority Dispatch.

 

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

             Nay-0

            Absent-1(Deal)

 

B. Discussion of the Town of Boone’s Water Intake Project – Mr. Furman stated that there were three issues to be discussed regarding the Town of Boone’s Water Intake Project: 1) potentially sending a letter to the Division of Water Quality’s Committee regarding the Town’s request; 2) sending a County representative to the Division of Water Quality’s Committee meeting where the Town’s request was to be considered; and 3) water allocations for the old high school property and a future Hwy 421 South corridor.

 

After discussion, Chairman Miller, seconded by Commissioner Gable, moved to direct staff to send a letter to citizens within the affected area of the proposed intake detailing changes that would occur if the intake project was approved.

 

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

                                                                 Nay-0

                                                                 Absent-1(Deal)

 

        Vice-Chairman Blust, seconded by Commissioner Gable, moved to set a public hearing for Tuesday, April 19, 2011, at 6:00 P.M. to allow for citizen comment on and to provide details on changes that the Town of Boone’s Water Intake Project would bring to properties within the affected area.

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

             Nay-0

             Absent-1(Deal)

 

         Mr. Furman stated that an estimation of the amount of water required for the type of development that might be located at the old high school property once sold was approximately 200,000 gallons-per-day (GPD).

 

         After lengthy discussion, Vice-Chairman Blust, seconded by Commissioner Gable, moved to direct the County Manager to send a letter to the Town of Boone asking for the process to request a 200,000 gallons-per-day allocation of water for the old high school property for the purposes of economic development and to help with the sale of the school.

 

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

              Nay-0

              Absent-1(Deal)

 

           Discussion was held regarding potential future needs for water supply to the Hwy 421 South corridor to allow for economic development.

 

           Commissioner Gable presented the current need for fire hydrants in several locations in that area.

 

           After lengthy discussion, Commissioner Gable, seconded by Commissioner Futrelle, moved to direct staff to request cooperation from the Town of Boone to place several non-potable fire hydrants in the Hwy 421 South area of the County.

 

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

             Nay-0

             Absent-1(Deal)

 

            B.1. Citizens’ Plan Action Committee Appointments – Mr. Furman reported that the current Citizens’ Plan Action Committee was comprised of the following membership: Tim Futrelle as the Board of Commissioners representative, Ric Mattar as a Planning Board representative; Paul Combs as the Economic Development representative; and vacancies as follows: an additional Planning Board representative and a Tourism Development Authority representative.

 

           Commissioner Futrelle suggested adding a citizen representative to the CPAC and recommended Mr. Charlie Wallin who had served on the committee until recently as a Planning Board representative.

 

           After discussion, Commissioner Futrelle moved to reappoint himself as the Board of Commissioners representative; Ric Mattar, Planning Board representative and Paul Combs, Economic Development Commission representative; and to appoint Charlie Wallin as a citizen representative; and representatives from the Tourism Development Authority and a second representative from the Planning Board as chosen by those respective Boards to the Citizens’ Plan Action Committee.

 

           Due to the lack of a second, Commissioner Futrelle’s motion died.

 

          B.2. Economic Development Commission Joint Meeting Request – Mr. Furman stated that the Economic Development Commission requested to hold a joint meeting with the Board of Commissioners to discuss and request direction on current issues.

 

          By consensus, the Board tabled action to set a date for the joint meeting until July.

 

         C. Discussion of Ethics Training Opportunity – County Manager Nelson stated that each newly-elected Commissioner was required to have a minimum of two clock hours of ethics education within twelve months after their initial election. The County Manger stated that a webinar was available from the School of Government that met the training requirement.

 

          By consensus, the Board agreed to direct staff to order the webinar.

 

         D. Boards and Commissions – County Manager Nelson stated that Mr. Alex Jernigan, Regional Ombudsman with High Country Council of Governments’ Area Agency on Aging, had requested that Ms. Gelene Atwood and Mr. George Miles each be reappointed to the Watauga County Nursing Home Community Advisory Committee for three-year terms.

 

        Commissioner Futrelle, seconded by Vice-Chairman Blust, moved to reappoint Ms. Gelene Atwood and Mr. George Miles to the Watauga County Nursing Home Community Advisory Committee, both for three-year terms.

 

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

              Nay-0

              Absent-1(Deal)

 

          The County Manager stated that Mr. Jernigan also requested that Ms. Pat Taylor and Ms. Angie Greene each be reappointed to the Watauga County Adult Care Home Community Advisory Committee for three-year terms.

Vice-Chairman Blust, seconded by Commissioner Futrelle, moved to reappoint Ms. Pat Taylor and Ms. Angie Greene to the Watauga County Adult Care Home Community Advisory Committee, both for three-year terms.

 

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

              Nay-0

              Absent-1(Deal)

 

           The County Manager stated that the Town of Boone had vacancies for one member and two alternates for Extra-Territorial Jurisdiction (ETJ) representation on the Boone Board of Adjustment. The Town of Boone recommended the appointment of Dr. Harvard Ayers to be the ETJ representative. The County Manager presented a letter from a citizen, Mr. Wayne Green, who does not live in the ETJ area, requesting to fill this position. There was a process for appointing someone as the County’s ETJ representative if suitable members could not be found within the ETJ. Mr. Green had requested to be appointed as either a representative or alternate.

 

           The County Manager stated that the Town of Boone had recommended the appointment of Rev. Thomas Brown as the ETJ representative to their Planning Board. If appointed, Rev. Brown’s term was to expire June 30, 2014.

 

           The County Manager stated that the Town of Boone had recommended the appointment of Mr. Rick Campbell as their representative on the Watauga County Recreation Commission. If appointed, Mr. Campbell’s term was to expire December 31, 2013.

 

           The County Manager stated that the Town of Seven Devils had recommended the appointment of Ms. Anne Fontaine as their representative on the Watauga County Recreation Commission. If appointed, Ms. Fontaine’s term was to expire December 31, 2013.

 

The above were first readings and, therefore, no action was required at this time.

 

E. Announcements – County Manager Nelson announced that the Cooperative Extension’s Annual Report to the People was scheduled for today, Tuesday, March 1, 2011, at 11:45 A.M.

 

The County Manager stated that three public hearings were scheduled for Tuesday, March 15, 2011, at 6:00 P.M. One was scheduled to allow for citizen comment on new road names; a second to allow for a proposed amendment to the Watauga County Erosion Ordinance; and a third to allow for comment on the proposed quarter-cent local option sales tax referendum.

 

           The County Manager announced that the next Intergovernmental Retreat was scheduled for Monday, March 28, 2011, at 5:00 P.M. at the Broyhill Inn and Conference Center.

 

PUBLIC COMMENT

 

There was no public comment.

 

CLOSED SESSION

 

           At 10:41 A.M., Vice-Chairman Blust, 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, Blust, Futrelle, Gable)

              Nay-0

              Absent-1(Deal)

 

Commissioner Futrelle, seconded by Chairman Miller, moved to resume the open meeting at 11:27 A.M.

 

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

              Nay-0

              Absent-1(Deal)

 

ACTION AFTER CLOSED SESSION

 

Upon a review of personnel records, County Manager Nelson reported to the Board that 2 current employees had lapses in time worked compared to the months of credit in the Local Governmental Employees’ Retirement System (LGERS).

Commissioner Futrelle seconded by Vice-Chairman Blust, moved for the County to pay for 50% of omitted time should the LGERS allow for repurchase in this manner. The County will pay for 50% of the omitted time should the affected employees choose to pay the balance of the cost (50%).

 

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

              Nay-0

              Absent-1(Deal)

 

ADJOURN

 

Chairman Miller adjourned the meeting at 11:29 A.M.

 

 

Nathan A. Miller, Chairman

 

ATTEST:

Anita J. Fogle, Clerk to the Board