MINUTES
 
WATAUGA COUNTY BOARD OF COMMISSIONERS
MONDAY, JUNE 7, 2004
 
            The Watauga County Board of Commissioners held a regular meeting on Monday, June 7, 2004, at 9:00 A.M. in the Board Room of the Watauga County Courthouse.
 
                        PRESENT:       James Coffey, Chairman
                                                Jimmy Hodges, Vice-Chairman
                                                Keith Honeycutt, Commissioner
                                                David Blust, Commissioner
                                                Allen Trivette, Commissioner
                                                Rebecca Eggers-Gryder, County Attorney
                                    Robert E. Nelson, Jr., County Manager
                                                Deron Geouque, Assistant County Manager
            Anita J. Fogle, Clerk to the Board
 
            Chairman Coffey called the meeting to order at 9:02 A.M. welcoming those in attendance.
 
            A moment of silence was observed.
 
APPROVAL OF MINUTES
 
            Chairman Coffey called for additions or corrections to the May 7, 2004, special meeting minutes, May 17, 2004, special meeting minutes, May 18, 2004, regular meeting minutes and the May 18, 2004, closed session minutes.
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve the May 7, 2004, special meeting minutes, May 17, 2004, special meeting minutes, May 18, 2004, regular meeting minutes and the May 18, 2004, closed session minutes as presented.
 
VOTE:   Aye-5
              Nay-0
 
APPROVAL OF AGENDA
 
            Chairman Coffey called for additions and/or corrections to the June 7, 2004, agenda.
 
            Vice-Chairman Hodges, seconded by Commissioner Blust, moved to approve the June 7, 2004, agenda as presented.
 
VOTE:   Aye-5
              Nay-0

PUBLIC HEARING – NC DIVISION OF COMMUNITY ASSISTANCE GRANT REQUEST
 
Chairman Coffey declared the public hearing open at 9:03 A.M. to allow for comment to consider submission of an application for $50,000.00 in Community Development Block Grant funds to establish a demonstration program for entrepreneurship development.
 
Mr. Joe Furman, Economic Development Director, stated that this second public hearing was scheduled to allow for public comment on the County’s grant application to the NC Rural Economic Development Center. 
 
            There being no public comment, Chairman Coffey declared the public hearing closed at 9:08 A.M.
 
            Vice-Chairman Hodges, seconded by Commissioner Blust, moved to authorize the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the identified as the official representative (Joe Furman) of the applicant (Watauga County) to act in connection with the application and to provide such additional information as may be required.
 
VOTE:   Aye-5
              Nay-0
 
TRANSFER STATION UPDATE
 
            Mr. Rick Di Salvo, representing Draper Aden Associates, presented a progress report on the transfer station/maintenance facility construction project. Mr. Di Salvo stated that the project was off to a slow start and the completion date had been moved from the original date of June 17, 2004, to October 31, 2004. Mr. Di Salvo stated that the delays were caused by shop drawing approval delays and winter weather.
 
This report was issued for information only and, therefore, no action was required.
 
ADMINISTRATIONBUILDING BID PROPOSALS
 
Mr. Randy Jones, Administration Building Architect, reviewed the bids received for the renovation of the Heilig Meyers (Administration) Building.
 
The County received the following 6 bids:
 
Contractor
Calendar Days
Base Bid Amount
Vannoy & Sons Construction, Inc.
270
$1,743,000
Enterline & Russell Builders, Inc.
240
$1,745,000
GEM Constructors, Inc.
180
$1,837,247
G. C. Construction of Lenoir, Inc.
365
$1,927,000
Wilkie Construction Co., Inc.
270
$1,967,766
Wishon & Carter Builders, Inc.
245
$1,987,891
 
The apparent low bid (Vannoy & Sons Construction, Inc.) was over the “working budget” (original cost estimate) and Mr. Jones’ revised probable cost estimate. Mr. Jones stated that he requested the low bidder, Vannoy & Sons, to begin a list of items that could be value engineered to reduce the overall cost of the project.
 
By consensus, the Board agreed to set a work session for 7:00 P.M. on Tuesday, June 15, 2004, to discuss options available.
 
COVE CREEK PRESERVATION AND DEVELOPMENT LOAN REPAYMENT REQUEST
 
Ms. Amy Shelton, Chair of the Cove Creek Preservation and Development Board, updated the Board of Commissioners on the progress of ongoing and recently completed projects at the old Cove Creek School. Ms. Shelton also presented a funding proposal for partial repayment ($25,000) of the loan issued to CCP&D from the County’s EDC capital reserve fund. 
 
County Manager Nelson stated that the Loan amount was $225,000 with the original repayment schedule of $150,000 due by June 1, 2002, and thereafter, three annual payments in the amount of $25,000 beginning June 1, 2003, with the total payment to be completed by June 1, 2005. In 2002, the Board of Commissioners approved a $50,000 payment and in 2003 the Board of Commissioners approved a $25,000 payment. The current outstanding balance was $150,000.
 
The Board directed the CCP&D Board present to the Board of Commissioners, at a future meeting, project plans and a payment schedule for the remainder of the loan.
           
Commissioner Trivette, seconded by Vice-Chairman Hodges, moved to accept the partial payment of $25,000 as presented.
 
VOTE:    Aye-5
               Nay-0
 
BOARD OF ELECTIONS GRANT APPLICATION REQUEST
 
            Ms. Jane Hodges, Director of the Watauga County Board of Elections, requested approval to apply for two grants from the Help America Vote Act (HAVA). Ms. Hodges was to apply for $100,000 for technology assistance and $28,000 to employ high school student assistants to work at the polls. Neither grant required a local match. 
 
            Commissioner Blust, seconded by Commissioner Trivette, moved to approve the submission of the grants through the Help America Vote Act as presented by Ms. Hodges
 
VOTE:    Aye-5
               Nay-0
 
PLANNING AND INSPECTIONS/EDC MATTERS
 
            A.        Report on Proposed Constitutional Amendment for Self-Funding Bonds – Mr. Joe Furman, Economic Development Director, reported on a proposed North Carolina Constitutional Amendment allowing the sale of self-funding bonds. The constitutional amendment, if approved, was to serve as an important economic development tool for use in North Carolina. 
 
            The Board directed Mr. Furman to draft a resolution supporting the constitutional amendment allowing the sale of self-funding bonds be presented to the Board at their next meeting.
 
B.         Performance Guarantee Request – Mr. Joe Furman, Planning and Inspections Director, presented a letter of credit that served as a performance guarantee for paving of Hampton Farms subdivision.
 
            Vice-Chairman Hodges, seconded by Commissioner Honeycutt, moved to approve the letter of credit guaranteeing the paving of Hampton Farms subdivision as presented.
 
VOTE:    Aye-5
               Nay-0
 
            C.        Junked Car Ordinance Enforcement Report – Mr. Brent Graybeal, Planning and Inspections, updated the Board on activities to date regarding enforcement of the Ordinance to Regulate Junkyards and Junked or Abandoned Motor Vehicles. 
 
This report was issued for information only and therefore no action was required.
 
COMMUNITY PRIDE REPORT
 
Assistant County Manager Geouque reported on the recently completed Community Pride Week in Watauga County. Mr. Geouque stated that the results from the second annual Community Pride Week were exceptional with a large number of county residents taking part. 
 
This report was issued for information only and therefore no action was required.
 
TAX MATTERS
 
            A.        Monthly Collections Report – Mr. Kelvin Byrd, Tax Administrator, presented the Tax Collections Report for the month of May 2004.
 
B.         Releases and Refunds – Tax Administrator Byrd presented the following Refunds and Releases for May 2004 for Board approval:
 
TO BE TYPED IN MINUTE BOOK
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to approve the Refunds and Releases Report for May 2004 as presented.
 
VOTE:    Aye-5
               Nay-0
 
ADOPTION OF THE FISCAL YEAR 2005 BUDGET ORDINANCE
 
            County Manager Nelson reviewed the changes that were made to the recommended Fiscal Year 2004/2005 Budget as a result of the budget work sessions.
 
            Commissioner Trivette, seconded by Commissioner Blust, moved to adopt the Fiscal Year 2005 Budget Ordinance as presented.
 
VOTE:    Aye-5
               Nay-0
 
ORDINANCE BOOK # 12 PAGE # 103
 
MISCELLANEOUS ADMINISTRATIVE MATTERS
 
A.        Town of Boone Parking Lease Discussion – County Manager Nelson stated that the lease between Watauga County and the Town of Boone for 35 parking spaces at the rear of the Watauga County Library had recently expired. The Manager proposed developing an agreement with the Town of Boone to exchange 35 parking spaces for the County’s use in the Town owned Queen Street lots in exchange for the 35 spaces that the Town leases at the County’s Library lot. The proposed terms of the agreement were to be for two years and were to allow for additional parking spaces during construction of the Courthouse addition. 
 
            Commissioner Honeycutt, seconded by Commissioner Blust, moved to approve a lease for the exchange of 35 parking spaces between the Town of Boone and Watauga County as presented by the County Manager and contingent upon the County Attorney’s review.
 
VOTE:   Aye-5
              Nay-0
 
B.         Ambulance Service Discussion – County Manager Nelson stated that at the Annual Pre-Budget Retreat, it was announced that the current contract for EMS services with Watauga Medics, Inc. was to expire December 31, 2004. The County Manager stated that as a service, a formalized request for proposal was not required, should the Board wish to explore a different avenue in providing the service. Also as a service, the Board was free to negotiate with the current provider of the service or any other entity that had the ability to successfully provide the service. 
 
The County Manager stated that Watauga Medical Center had also shown interest in providing EMS services to Watauga County.
By consensus, the Board directed the County Manager to begin preliminary discussion regarding County ambulance service with Watauga Medics, Inc., and Watauga Medical Center.
 
C.        Landfill Monitoring Report – County Manager Nelson stated that every six months the County conducted a testing program to monitor the groundwater contamination at the Landfill property. The most recent summary illustrated that the size and concentration of the spill continued to decrease. The County Manager stated the entire document was available for review at the County Manager’s office.
 
            Vice-Chairman Hodges, seconded by Commissioner Blust, moved to submit the Monitoring Report to the North Carolina Department of Environmental and Natural Resources.
 
VOTE:   Aye-5
              Nay-0
 
D.        July Meeting Schedule – County Manager Nelson stated that the first Monday in July was a scheduled Holiday. The County Manager stated that traditionally the Board has rescheduled the meeting to the following day. The County Manager also stated that due to the number of meetings required prior to adopting the budget and the relative light workload in July, the second regularly scheduled Board of Commissioners meeting was historically cancelled.
 
By consensus, the Board agreed to reschedule the first Board of County Commissioners meeting in July to July 12, 2004, at 9:00 A.M. and to cancel the second meeting.
 
E.         Charter Communications Rate Increase Discussion – The County Manager stated that Mr. Tony Barlage of Charter Communications notified the County of a $2.95 increase on monthly cable rates. Per the County’s Cable Ordinance the Board had the option to request Mr. Barlage appear at a Public Hearing to allow citizen input regarding the rate increase. The Board of Commissioners, due to an FCC ruling, was not allowed to regulate local cable rates.
 
            By consensus, the Board set a public hearing for the June 22, 2004, Board meeting and requested Mr. Barlage’s presence to allow citizen comment regarding the new cable rate increase.
 
F.         Employee Death Benefit (Insurance) Proposed Resolution – The County Manager stated that included in the Fiscal Year 2005 budget, at a nominal cost, was an additional death benefit for county employees who were members of the North Carolina Local Government Employees Retirement System. The County Manager presented a draft resolution to allow this benefit for county employees as requested by the Local Government Employees Retirement System.
 
Commissioner Trivette, seconded by Commissioner Honeycutt, moved to adopt the resolution to enter into the agreement with the North Carolina Local Government Employees Retirement System to provide the employee death benefit.
VOTE:   Aye-5
              Nay-0
 
G.        Boards and Commissioners – County Manager Nelson gave a second reading of the upcoming expiration of Mr. Phil Minor’s appointment to the Economic Development Commission. Mr. Minor’s first 3-year term was to expire in June, according to the EDC bylaws he was eligible for a second 3-year term, and requested to be reappointed.
 
Vice-Chairman Hodges, seconded by Commissioner Trivette, moved to reappoint Mr. Phil Minor to the Economic Development Commission for a second 3-year term.
 
VOTE:   Aye-5
              Nay-0
 
            The County Manager gave a first reading of a vacancy on the Valle Crucis Historic Preservation Commission. The County Manager stated that the appointed member must also serve on the Valle Crucis Community Council. Mr. Tom Eshelman had volunteered to serve if appointed by the Board of Commissioners.
 
            The County Manager gave a first reading of a vacancy on the Watauga County Planning Board due to a resignation. As the vacancy was from district 3, a nomination was required from Commissioner Hodges.
 
            As the above were first readings no action was required at this time.
 
            The County Manager gave a first reading of an upcoming vacancy on the High Country Workforce Development Board due to the expiration of Mr. Doug Pratt’s term. This vacancy was to be appointed by the Chairman of the Board of Commissioners.
 
            Chairman Coffey announced that he had reappointed Mr. Doug Pratt to the High Country Workforce Development Board.
 
H.        Announcements – County Manager Nelson announced that the Rural Center’s Partner Forum for Economic Development Matters was scheduled for September 30 – October 1, 2004, in Raleigh. 
 
            The County Manager stated that Governor Easley had announced the award of $26 million in Crime Commission Grants. The grants distributed to North Carolina were from the United Stated Department of Justice and the Department of Health and Human Services. The Watauga County Sheriff’s Office received $140,625 to establish a Northwest Methamphetamine Task Force. The Sheriff’s Department received a second grant for $22,494 for overtime resources to help offset increased costs in the methamphetamine eradication efforts. Additionally, the Boone Police Department received $29,376 and Oasis received $65,390.
 
CLOSED SESSION
 
            At 10:50 A.M., Commissioner Honeycutt, seconded by Commissioner Blust, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318-11(a)(3).
 
VOTE:    Aye-5
               Nay-0
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to resume the open meeting at 11:36 A.M.
 
VOTE:    Aye-5
               Nay-0
 
ADJOURN
 
            Commissioner Blust, seconded by Commissioner Honeycutt, moved to adjourn the meeting at 11:36 A.M.
VOTE:    Aye-5
               Nay-0
 
 
                                                                                                James Coffey, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board