MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, AUGUST 18, 2009
The Watauga County Board of Commissioners held a regular meeting on Tuesday, August 18, 2009, 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
Tim Futrelle, Commissioner
Winston Kinsey, Commissioner
Anthony di Santi, County Attorney
Robert E. Nelson, Jr., County Manager
Deron Geouque, Deputy County Manager
Anita J. Fogle, Clerk to the Board
Chairman Deal called the meeting to order at 6:00 P.M., welcoming those in attendance.
Commissioner Futrelle opened the meeting with a prayer.
APPROVAL OF MINUTES
Chairman Deal called for additions and/or corrections to the August 3, 2009, regular meeting and closed session minutes.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to approve the August 3, 2009, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve the August 3, 2009, closed session minutes as presented.
VOTE: Aye-5
Nay-0
APPROVAL OF AGENDA
Chairman Deal called for additions and/or corrections to the August 18, 2009, agenda.
Chairman Deal stated that County Manager Nelson requested to present item # 9; an additional budget amendment was requested to be added to item # 11.A.; a grant award request was requested to be added under item 14; and Land Acquisition, per G. S. 143-318.11(a)(5)(i) and Personnel Matters, per G. S. 143-318.11(a)(6) were to be added to closed session.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to approve the August 18, 2009, agenda as amended.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON PROPOSED AMENDMENTS TO THE AMBULANCE FRANCHISE ORDINANCE
Chairman Deal declared the public hearing open at 6:03 P.M. to allow for comment on the proposed amendments to the Ambulance Franchise Ordinance.
County Manager Nelson stated that the public hearing was scheduled to allow citizen comment on proposed amendments to the Ambulance Franchise Ordinance. The amendments presented were to modify the membership of the EMS Advisory Committee which was established by the Ordinance. The noted changes added a representative from the Boone Fire and Rescue as well as the Medical Director and combined the representatives from Blowing Rock Hospital and Watauga Medical Center to one representative from the Appalachian Regional Healthcare System.
There being no public comment, Chairman Deal declared the public hearing closed at 6:05 P.M.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the Watauga County Ambulance Franchise Ordinance as amended.
VOTE: Aye-5
Nay-0
The County Manager stated that action was required at two successive meetings for ratification since this was an amendment to a franchise ordinance and, therefore, the item was to be placed on the September 15, 2009, agenda for the required second action prior to adoption.
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON PROPOSED AMENDMENTS TO AN ORDINANCE TO GOVERN THE HEIGHT OF STRUCTURES
Chairman Deal declared the public hearing open at 6:06 P.M. to allow for comment on the proposed amendments to An Ordinance to Govern the Height of Structures.
Chairman Deal stated that the public hearing was scheduled to allow citizen comment on proposed amendments to An Ordinance to Govern the Height of Structures.
There being no public comment, Chairman Deal declared the public hearing closed at 6:07 P.M.
Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to adopt the amended Ordinance to Govern the Height of Structures as presented.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON PROPOSED AMENDMENTS TO AN ORDINANCE TO REGULATE SIGNS IN WATAUGA COUNTY
Chairman Deal declared the public hearing open at 6:09 P.M. to allow for comment on the proposed amendments to An Ordinance to Regulate Signs in Watauga County.
Chairman Deal stated that the public hearing was scheduled to allow citizen comment on proposed amendments to the Ordinance to Regulate Signs in Watauga County. The Chairman also stated that the purpose of the public hearing was to gather input from the public regarding the proposed changes.
The following citizens spoke:
Craig Justus, Attorney representing Jamie Machut
Jamie Machut, Vice-President and General Manager with Lamar Advertising
Park Terrell, Citizen
Haynes Borin, Citizen
Tara Connelly, Citizen and Medical Director of Watauga Medical Center
There being no further public comment, Chairman Deal declared the public hearing closed at 6:23 P.M.
No action was taken at this time.
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON PROPOSED AMENDMENTS TO THE ORDINANCE TO GOVERN SUBDIVISIONS AND MULTI-UNIT STRUCTURES
Chairman Deal declared the public hearing open at 6:24 P.M. to allow for comment on the proposed amendments to the Ordinance to Govern Subdivisions and Multi-Unit Structures.
Chairman Deal stated that the public hearing was scheduled to allow citizen comment on proposed amendments to the Ordinance to Govern Subdivisions and Multi-Unit Structures.
There being no public comment, Chairman Deal declared the public hearing closed at 6:25 P.M.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to adopt the amendments to the Ordinance to Govern Subdivisions and Multi-Unit Structures as proposed.
VOTE: Aye-5
Nay-0
PUBLIC HEARING TO ALLOW CITIZEN COMMENT ON PROPOSED AMENDMENTS TO THE WATAUGA COUNTY ANIMAL CONTROL ORDINANCE
Chairman Deal declared the public hearing open at 6:27 P.M. to allow for comment on the proposed amendments to the Watauga County Animal Control Ordinance.
Chairman Deal stated that the public hearing was scheduled to allow citizen comment on proposed amendments to the Watauga County Animal Control Ordinance.
There being no public comment, Chairman Deal declared the public hearing closed at 6:28 P.M.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to adopt the Watauga County Animal Care and Control Ordinance as amended.
VOTE: Aye-5
Nay-0
PROPOSED WATAUGA COUNTY BIG SWEEP 2009 DAY
County Manager Nelson presented a proposed proclamation denoting September 12, 2009, as Watauga County Big Sweep 2009 Day for the purpose of picking up litter and cleaning streams and waterways in the County. The County Manager stated that Wendy Patoprsty with the Watauga County Cooperative Extension Agency had requested adoption of the proclamation.
Commissioner Kinsey requested the following omissions (shown as strikethroughs) to the proposed proclamation:
“. . .WHEREAS, North Carolina Big Sweep is a statewide and global community effort to retrieve trash from North Carolina’s waterways and landscapes.
NOW, THEREFORE, BE IT PROCLAIMED that the Board of Commissioners of Watauga County, North Carolina, does hereby declare September 12, 2009 as WATAUGA COUNTY BIG SWEEP 2009 DAY in Watauga County; and . . .”
Commissioner Futrelle, seconded by Commissioner Cooper, moved to adopt the Watauga County Big Sweep 2009 Day Proclamation as amended.
VOTE: Aye-5
Nay-0
REQUEST TO AMEND AN ORDINANCE TO REGULATE LOUD DISTURBING NOISE
Dr. Thomas Zuber requested that a $150.00 citation be added to the Watauga County Ordinance to Regulate Loud Disturbing Noise, As Amended to allow an additional method for the Sheriff’s Office to use in its enforcement of the Ordinance.
County Attorney di Santi stated that, since the current Ordinance was adopted in 1986, it should be reviewed to determine if the General Statutes cited in it were still correct.
By consensus, the Board agreed to direct the County Attorney and Sheriff to gather information and report back with recommendations for updating the Ordinance to Regulate Loud Disturbing Noise As Amended.
FINANCE MATTERS
A. Budget Amendments – Ms. Doris Isaacs, Finance Director, presented the following budget amendments for Board approval:
Account # Description Debit Credit
104920-449901 Misc. Exp.-Green Business Plan $2,200
103991-399101 Fund Bal. Appropriation - New $2,200
The amendment re-appropriated unexpended FY 2009 revenue generated by the Green Business program.
Account # Description Debit Credit
103586-332006 SHIIP Grant $2,732
105550-449901 SHIIP Grant Fund $2,732
The amendment recognized SHIIP grant funds for FY 2010.
Account # Description Debit Credit
135912-459001 School Capital Outlay - Local $250,000
133980-398100 Transfer From General Fund $250,000
109800-498013 Transfer to School Capital Outlay $250,000
105911-463000 Annual Appropriation $250,000
The amendment recognized the transfer of funds from School Capital Outlay-Local funds to School Current Expense to allow the school system to retain eight teaching positions. Federal stimulus funds will replaced the capital outlay funds and be used to purchase technology equipment budgeted in Category II of the Capital Outlay-Local budget. This transfer was not to add to the current expense FY 2010 base for future funding considerations.
Account # Description Debit Credit
143839-353100 Donations-Foster Children $100
143839-353102 Donations-Child Protective Services $267
145310-449902 Foster Children’s Fund $100
145310-449904 Child Protective Services $267
The amendment recognized July donations for the DSS discretionary funds.
Account # Description Debit Credit
103317-343109 Sheriff-Restricted Rev.-Federal $15,000
104310-451000 Capital Outlay-Equipment $15,000
The amendment recognized the transfer of funds from the Federal Substance Abuse Fund Account to the General Fund for the acquisition of equipment to assist in the apprehension of drug offenders.
Vice-Chairman Winkler, seconded by Commissioner Kinsey, moved to approve the budget amendments as presented.
VOTE: Aye-5
Nay-0
B. Surplus Property Request – Ms. Isaacs presented a list of property and requested the items be surplused and subsequently sold through GovDeals, recycled, or scrapped as appropriate.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to surplus the property as presented and to authorize the property to be recycled, scrapped, or listed for sale on GovDeals.com as requested.
VOTE: Aye-5
Nay-0
C. Report on Watauga County’s Bond Rating Status – Ms. Isaacs announced that the Standard and Poors Bond Rating Agency recently completed a review of the County’s financial condition and had upgraded the County’s bond rating from AA- to AA.
This report was for information only and, therefore, required no action.
TAX MATTERS
A. Annual Tax Collector’s Settlement – Tax Administrator Byrd presented the following Annual Settlement Statements for Fiscal Year 2008/2009 for Board approval:
TO BE TYPED IN MINUTE BOOK
Commissioner Kinsey, seconded by Commissioner Cooper, moved to approve the Annual Settlement Statements for Fiscal Year 2008/2009.
VOTE: Aye-5
Nay-0
B. Order of Collections Request – A sworn oath was to be administered to Tax Administrator Byrd in order to collect taxes for the new Fiscal Year 2009/2010. Mr. Byrd stated that this Order was to grant him the authorization to collect taxes and requested the Board’s approval.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to grant authorization for Tax Administrator Byrd to collect taxes for Fiscal Year 2009/2010.
VOTE: Aye-5
Nay-0
EMERGENCY MANAGEMENT AND PLANNING & INSPECTIONS MATTERS
A. E911 System Upgrade Proposal – Mr. Joe Furman presented proposals from Wireless Communications for upgrades to the County’s E911 Radio Dispatch Center. The proposed upgrades primarily involved the workstations and dispatch consoles as well as the replacement of the uninterrupted power sources for each machine. The proposal was divided into two parts. The $22,453.85 amount was eligible and appropriate to be funded by E911 reserves that were on hand. The amount of $8,394.44 was not eligible for E911 funding, and staff recommended that this be taken from the designated fund balance for Emergency Communications.
Commissioner Futrelle, seconded by Vice-Chairman Winkler, moved to approve the purchase of the upgrades as presented and allocate the funding as follows: $22,453.85 to be allocated from E911 reserves and $8,394.44 be allocated from the designated fund balance for Emergency Communications.
VOTE: Aye-5
Nay-0
B. Green Valley Townhomes Sewer Study Report – Mr. Furman stated that last year the Board authorized staff to determine the feasibility of applying to DENR to install a small sewer plant in the Green Valley area with the potential to service affordable housing, the school, and a planned development by Habitat for Humanity. Mr. Furman reported that it appeared that, due to DENR interpretations of regulations, it was not feasible to continue with an application process. Though disappointed, the Board concurred that the application process be discontinued at this time.
This report was given for information only and, therefore, no action was required.
OUT-OF-STATE TRAVEL REQUEST FOR SHERIFF’S OFFICE
Deputy County Manager Geouque requested approval for out-of-state travel that had already occurred. The travel request was approved by Management Staff in that it was a time sensitive part of an ongoing investigation by the Sheriff’s Office.
Commissioner Cooper, seconded by Vice-Chairman Winkler, moved to approve the out-of-state travel request as presented.
VOTE: Aye-5
Nay-0
DOMESTIC VIOLENCE GRANT AWARD REQUEST
Deputy County Manager Geouque stated that Captain Dee Dee Rominger had stated that the County had been awarded, if accepted, $94,124 in Federal Recovery Act funds from the Governor’s Crime Commission for the Domestic Violence Intervention Program. The position funded with the grant award was to be maintained for three years after the grant funding ended.
Commissioner Futrelle, seconded by Commissioner Cooper, moved to accept the grant award of $94,124 from the Governor’s Crime Commission as presented.
VOTE: Aye-5
Nay-0
PERSONNEL ADVISORY COMMITTEE APPOINTMENT REQUEST
Deputy County Manager Geouque stated that at the last Board meeting, members were appointed to the Personnel Advisory Committee. One of the regular employee appointees had a conflict of interest with a matter to be heard, therefore, staff recommended that Rickey Lee be appointed to the Committee as an alternate employee member.
Commissioner Cooper, seconded by Commissioner Futrelle, moved to appoint Rickey Lee as an alternate employee member to the Watauga County Personnel Advisory Committee.
VOTE: Aye-5
Nay-0
DISCUSSION OF COURTHOUSE PORTRAITS
Deputy County Manager Geouque received a list of the portraits to be placed in the Courthouse per a recently approved policy which regulated the selection and placement of portraits, pictures, or memorabilia in the Watauga County Courthouse. Staff recommended that the portraits be re-hung in the upstairs hallway and common meeting areas adjacent to Courtroom # 1.
Vice-Chairman Winkler, seconded by Commissioner Futrelle, moved to approve staff’s recommendation to re-hang the portraits in the upstairs hallway and common meeting areas adjacent to Courtroom # 1.
VOTE: Aye-5
Nay-0
MISCELLANEOUS ADMINISTRATIVE MATTERS
A. Bid Award Request for Sanitation Department Roll Off Truck – County Manager Nelson reviewed the following bids received for replacing a recycling roll off truck which was a budgeted item in the FY 2010 budget: Cavalier Equipment entered a bid in the amount of $134,111; Western Carolina entered a bid in the amount of $126,689; Smoky Mountain Freightliner entered a bid in the amount of $124,775; and Nu Life Environmental entered a bid in the amount of $124,370. The County Manager stated that Mr. J. V. Potter, Operations Services Director, recommended accepting the low bid from Nu Life Environmental in the amount of $124,370. Due to the relatively low bid, the County Manager recommended using funds allocated in the FY 2010 budget for the truck along with funds from the Sanitation Department’s Retained Earnings Account which eliminated the need for financing.
Commissioner Futrelle, seconded by Commissioner Kinsey, moved to accept the low bid from Nu Life Environmental in the amount of $124,370 with funds to be allocated from the funds budgeted for the truck in FY 2010 along with funds, to cover the balance, from the Sanitation Department’s Retained Earnings Account.
VOTE: Aye-5
Nay-0
B. Appointment of Lead Agency for Child Support Offices Transition – County Manager Nelson stated that one of the off-shoots of the Legislature’s adoption of the State’s FY 2010 Budget was the transfer of Child Support Office services to the County. Watauga County was one of 28 counties that previously had this service provided by the State. The County was now required to develop a plan to be put in place by July 1, 2010, and designate the County’s Department of Social Services as the Lead Agency for Child Support Office services. Mr. Jim Atkinson, Social Services Director, planned to present a report and preliminary plan at a future Board meeting for consideration.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to designate the Watauga County Department of Social Services as the Lead Agency for Child Support Office services in Watauga County.
VOTE: Aye-5
Nay-0
C. Discussion of Sale of Edmisten House – County Manager Nelson presented an appraisal in the amount of $340,000 of the Edmisten House which had been declared as surplus property to be sold.
Further discussion was tabled until after closed session to allow for legal advice in regards to options for selling the property.
D. Discussion of Drainage Issues Near the New High School – County Manager Nelson stated that it had come to staff’s attention that there was a drainage issue at the western boundary of the County-owned high school property near Delmar Street. The County owned two lots at the end of the street where the high school’s detention system emptied. There was also an additional thirty-six inch drainage culvert. The two thirty-six inch culverts, in releasing the runoff as required from the detention system, overwhelmed the Town’s twelve inch and/or four inch culvert(s) that crossed into the Daniel Boone Drive area prior to going into the drainage area.
County Manager Nelson stated that the Town of Boone had been aware of the situation for approximately two years and planned to construct a forty-eight inch culvert from Delmar Street to the drainage area to remedy the situation. Town of Boone staff approached County staff asking about the possibility of an easement to either connect the two thirty-six inch culverts on County property or to construct an above ground retention pond, to be installed by the Town, to slow the flow prior to entering the culvert.
The County Manager stated that staff recommended that the Board authorize the easements which were to be requested by the Town of Boone in whatever form necessary to solve the problem and authorize the Chairman to sign the necessary documents as, and when, requested by the Town of Boone. The affected area would be the two one-quarter (¼) acre County-owned lots on Delmar Street.
Commissioner Cooper, seconded by Commissioner Kinsey, moved to authorize Chairman Deal to execute the necessary documents for an easement to the Town of Boone on the two one-quarter (¼) acre County-owned lots on Delmar Street as, and when, requested by the Town of Boone.
VOTE: Aye-5
Nay-0
E. Boards and Commissions – County Manager Nelson stated that biannually, a Jury Commission was empanelled for a two-year term and of the three member panel, one member was appointed by the Board of Commissioners. Mr. Ted Hagaman, whose term expired June 30, 2009, had held the Board of Commissioners’ appointment for several years. The new term for the appointment was to be effective July 1, 2009, through June 30, 2011.
Commissioner Kinsey, seconded by Commissioner Futrelle, moved to reappoint Mr. Ted Hagaman to the Jury Commission with his term beginning July 1, 2009 and ending June 30, 2011.
VOTE: Aye-5
Nay-0
County Manager Nelson stated that Mr. James Wilcox’s term on the Northwest Regional Housing Authority was to expire in December 2009 and that Mr. Ned Fowler, Executive Director of the Northwest Housing Authority, planned to attend the October 5, 2009, Board meeting to give an update on the Authority and to request an appointment for Watauga County’s representative.
The above was given for information only and, therefore, did not require action at this time.
County Manager Nelson stated that the Workforce Development Board had requested that Chairman Deal appoint a private sector representative to the High Country Workforce Development Board.
Commissioner Kinsey recommended Perry “Skipper” Greene for the Workforce Development Board appointment.
Chairman Deal appointed Perry “Skipper” Greene as Watauga County’s private sector representative to the High Country Workforce Development Board.
County Manager Nelson stated that the Watauga County Library Board recommended the appointment of Audrey Hartley to serve as a member of the Watauga County Library Board and as a member of the Appalachian Regional Library Board with both terms beginning September 2009 and expiring August 2013.
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to appoint Audrey Hartley as a member of the Watauga County Library Board and as a member of the Appalachian Regional Library Board with both appointment terms beginning September 2009 and expiring August 2013.
VOTE: Aye-5
Nay-0
F. Announcements – County Manager Nelson announced that the High Country Council of Governments Annual Banquet was scheduled for Friday, September 11, 2009, at Linville Ridge.
County Manager Nelson announced that the 20th Annual Walk of Awareness was scheduled for Tuesday, September 8, 2009, on Sanford Mall, at Appalachian State University.
County Manager Nelson announced that the new sale notice for the current Watauga High School property had been advertised.
County Manager Nelson announced that the first Board of Commissioners meeting in September had been cancelled due to the holiday. The next regular meeting of the Board of Commissioners was to be Tuesday, September 15, 2009, at 6:00 P.M.
County Manager Nelson announced that Ms. Lisa Doty, Watauga County Recycling Coordinator, had issued a press release which notified the public of a new state law banning motor oil filters, wooden pallets, and plastic bottles from disposal in landfills. These items were to be prohibited from entering any North Carolina landfill beginning Thursday, October 1, 2009.
County Manager Nelson announced that the Watauga County Board of Commissioners had been invited to the Caldwell Community College Board of Trustees meeting on Wednesday, September 16, 2009, at 6:00 P.M.
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
At 7:26 P.M., Commissioner Cooper, seconded by Commissioner Kinsey, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3); Land Acquisition, per G. S. 143-318.11(a)(5)(i); and Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Vice-Chairman Winkler, seconded by Commissioner Cooper, moved to resume the open meeting at 9:31 P.M.
VOTE: Aye-5
Nay-0
ACTION AFTER CLOSED SESSION
Commissioner Futrelle, seconded by Commissioner Cooper, moved to direct the County Attorney to create an advertisement for sale of the County-owned property, known as the Edmisten House, located at 282 Daniel Boone Drive Extension, through the negotiated offer process with the following terms: the asking price was set at $340,000 and included the following stipulations for a realtor’s commission, if applicable: the commission be set at 6% of the initial accepted offer and be paid, in full, at, but not before, closing to the realtor who presented the initial accepted offer unless the final accepted offer, through an upset bid process, was represented by a realtor other than the realtor representing the initial offer; in this case the commission was to be split equally (50%-50%) between the two realtors.
VOTE: Aye-5
Nay-0
ADJOURN
The Chairman adjourned the meeting at 9:32 P.M.
Jim Deal, Chairman
ATTEST:
Anita J. Fogle, Clerk to the Board